B.A. POLITICAL SCIENCE SECOND YEAR FOURTH SEMESTER

INDIAN POLITICAL PROCESS

UNIT-I : FEDERAL PROCESSES

1. Features of Indian Federal System- Centre-State RelationsLegislative, Administrative and Financial

 

LECTURER IN-CHARGE:-Dr.M.C.Sahitya

 

Introduction:-

Federalism is a system of government in which powers have been divided between the centre and its constituent parts such as states or provinces. It is an institutional mechanism to accommodate two sets of politics, one at the centre or national level and second at the regional or provincial level. 

Federal System – Two Types of Federations

In a federation system, there are two seats of power that are autonomous in their own spheres. A federal system is different from a unitary system in that sovereignty is constitutionally split between two territorial levels so that each level can act independently of each other in some areas.

There are two kinds of federations:

1.    Holding Together Federation – In this type, powers are shared between various constituent parts to accommodate the diversity in the whole entity. Here, powers are generally tilted towards the central authority. Example: India, Spain, Belgium.

2.    Coming Together Federation – In this type, independent states come together to form a larger unit. Here, states enjoy more autonomy as compared to the holding together kind of federation. Example: USA, Australia, Switzerland.

Features of the Federal System of India

1.    Dual government polity

2.    Division of powers between various levels

3.    Rigidity of constitution

4.    Independence judiciary

5.    Dual citizenship

6.    Bicameralism

All federations might not have all the above features. Some of them may be incorporated depending on what type of federation it is.

Federalism in India

India is a federal system but with more tilt towards a unitary system of government. It is sometimes considered a quasi-federal system as it has features of both a federal and a unitary system. Article 1 of the Indian Constitution states, ‘India, that is Bharat, shall be a union of states’. The word federation is not mentioned in the constitution.

Elements of federalism were introduced into modern India by the Government of India Act of 1919 which separated powers between the centre and the provincial legislatures.

Federal Features of the Indian Union

• Governments at two levels – centre and states
• Division of powers between the centre and states – there are three lists given in the Seventh Schedule of the Constitution which gives the subjects each level has jurisdiction in:

• Union List
• State List
• Concurrent List

Subjects of Federal System

·        The Constitution clearly demarcates subjects, which are under the exclusive domain of the Union and those under the exclusive of States.

·        Likewise, the Constitution describes three lists −

o   Union List (subjects dealt by only Central Government);

o   State List (subjects dealt normally by States only); and

o   Concurrent List (both Union and State have the power to legislate these subjects).

Union List

·        Subjects of Union List are −

    Defense

    Atomic Energy

    Foreign Affairs

    War and Peace

    Banking

    Railways

    Post and Telegraph

    Airways

    Ports

    Foreign Trade

    Currency & Coinage

State List

·        Subjects of State Lists are −

v Agriculture

v Police

v Prison

v Local Government

v Public Heath

v Land

v Liquor

v Trade and Commerce

v Livestock and Animal Husbandry

v State Public Services

Concurrent List

·        Subjects of Concurrent Lists are −

Ø Education

Ø Transfer of Property other than Agricultural land

Ø Forests

Ø Trade Unions

Ø Adulteration

Ø Adoption and Succession

Other Facts

·        Article 257 of the Constitution is read as: The executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.

·        The Sarkaria Commission was appointed by the central government in 1983 to examine the issues relating to center-State relations; the Commission submitted its report in 1988 and recommended that appointments of Governors should be strictly non-partisan.

·        In 1953, the States Reorganization Commission was set up and it recommended the creation of linguistic States, at least for the major linguistic groups.

·        Resultantly, Gujarat and Maharashtra were created in 1960 and the process is still going on.

·        The Constitution of India (under Article 371) has given some special provisions for some States after considering their peculiar social and historical circumstances. However, most of the special provisions are related to the north eastern States (i.e. Assam, Nagaland, Arunachal Pradesh, Mizoram, etc.) largely due to a sizeable indigenous tribal population with a distinct history and culture.

·        Under Article 370 of the Constitution, the northern most state Jammu and Kashmir has also special provisions.

·        One of the major differences between the other States and the State of J&K are that no emergency due to internal disturbances can be declared in J&K without the concurrence of the State.

·        The Union Government cannot impose a financial emergency in J&K and the Directive Principles also do not apply in J&K.

·        An amendment to the Indian Constitution (under Art. 368) can only apply in concurrence with the government of J&K.

 

• Supremacy of the constitution – the basic structure of the constitution is indestructible as laid out by the judiciary. The constitution is the supreme law in India.
• Independent judiciary – the constitution provides for an independent and integrated judiciary. The lower and district courts are at the bottom levels, the high courts are at the state levels and at the topmost position is the Supreme Court of India. All courts are subordinate to the Supreme Court.

 

Central State Relation - Legislative, Administrative and Financial

In India, before the formation of the federation the States were not ‘sovereign’ entities.

As such, there was no need for safeguards to protect ‘States’. On account of the exigencies of the situation, the Indian federation has acquired characteristics which are quite different from the American model.

(i) The residuary powers under the Indian Constitution are assigned to the Union and not to the States. However, it may be noted that the Canadian Constitution does the same mode of distrib­uting the powers cannot be considered as eroding the federal nature of the Constitution.

(ii) Though there is a division of powers between the Union and the States, the Indian Constitution provides the Union with power to exercise control over the legislation as well as the administration of the States. Legislation by a State can be disallowed by the President, when reserved by the Governor for his consideration.

The Governor is appointed by the President of the Union and holds office “during his pleasure”. Again these ideas are found in the Canadian Constitution though not in the Constitution of the U.S.A.

(iii) The Constitution of India lays down the Constitution of the Union as well as the States, and no State, except Jammu and Kashmir, has a right to determine its own (State) Constitution.

iv) When considering the amendment of the Constitution we find that except in a few specific matters affecting the federal structure, the States need not even be consulted in the matter of amendment of the Constitution. The bulk of the Constitution can be amended by a Bill in the Union Parliament being passed by a special majority.

Centre State Relations
The Constitution of India provides a dual polity with a clear division of powers between the Union and the States, each being supreme within the sphere allotted to it. The Indian federation is not the result of an agreement between independent units, and the units of Indian federation cannot leave the federation.

Thus the constitution contains elaborate provisions to regulate the various dimensions of the relations between the centre and the states.

The relations between centre and state are divides as:
1. Legislative relations
2. Administrative relations
3. Financial relations

1. Centre State Legislative Relations
Articles 245 to 255 in Part XI of the Constitution deal with the legislative relations between the Centre and the State.

Extent of laws made by Parliament and by the Legislatures of States

The Parliament can make laws for the whole or any part of the territory of India. Territory of India includes the states, UTs and any other area for the time being included in the territory of India. Whereas, the state legislature can make laws for whole or any part of state.

The Parliament can alone make ‘extra territorial legislation’ thus the laws of the Parliament are applicable to the Indian citizens and their property in any part of the world.

Subject-matter of laws made by Parliament and by the Legislation of States

The Constitution divides legislative authority between the Union and the States in three lists- the Union List, the State List and the Concurrent List. The Union list consists of 99 items. The Union Parliament has exclusive authority to frame laws on subjects enumerated in the list. These include foreign affairs, defence, armed forces, communications, posts and telegraph, foreign trade etc.

The State list consists of 61 subjects on which ordinarily the States alone can make laws. These include public order, police, administration of justice, prison, local governments, agriculture etc.

The Concurrent list comprises of 52 items including criminal and civil procedure, marriage and divorce, economic and special planning trade unions, electricity, newspapers, books, education, population control and family planning etc. Both the Parliament and the State legislatures can make laws on subjects given in the Concurrent list, but the Centre has a prior and supreme claim to legislate on current subjects. In case of conflict between the law of the State and Union law on a subject in the Concurrent list, the law of the Parliament prevails.

Residuary powers of legislation
The constitution also vests the residuary powers (subjects not enumerated in any of the three Lists) with the Union Parliament. The residuary powers have been granted to the Union contrary to the convention in other federations of the world, where the residuary powers are given to the States. However, in case of any conflict, whether a particular matter falls under the residuary power or not is to be decided by the court.

Parliament’s Power to Legislate on State List
Though under ordinary circumstances the Central Government does not possess power to legislate on subjects enumerated in the State List, but under certain special conditions the Union Parliament can make laws even on these subjects.

a) In the National Interest (Art.249)

If the Rajya Sabha declares by a resolution supported by not less than 2/3 of its members present and voting, that it is necessary or expedient in the national interest that the Parliament should make laws with respect to any matter enumerated in the State List (Art.249). After such a resolution is passed, Parliament can make laws for the whole or any part of the territory of India. Such a resolution remains in force for a period of 1 year and can be further extended by one year by means of a subsequent resolution.

b) Under Proclamation of National Emergency (Art.250)

Parliament can legislate on the subjects mentioned in the State List when the Proclamation of National Emergency is in operation. However, the laws made by the Parliament under this provision shall cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiry of the said period.

c) By Agreement between States (Art. 252)

The Parliament can also legislate on a State subject if the legislatures of two or more states resolve that it is lawful of Parliament to make laws with respect to any matter enumerated in the State List relating to those State. Thereafter, any act passed by the Parliament shall apply to such states and to any other state which passes such a resolution. The Parliament also reserves the right to amend or repeal any such act.

d) To Implement Treaties (Art. 253)

The Parliament can make law for the whole or any part of the territory of India for implementing any treaty, international agreement or convention with any other country or countries or any decision made at any international conference, association or other body. Any law passed by the Parliament for this purpose cannot be invalidated on the ground that it relates to the subject mentioned in the State list.

e) Under Proclamation of President’s Rule (Art.356)

The President can also authorize the Parliament to exercise the powers of the State legislature during the Proclamation of President’s Rule due to breakdown of constitutional machinery in a state. But all such laws passed by the Parliament cease to operate six months after the Proclamation of President’s Rule comes to an end.

Center's control over State Legislation
The Constitution empowers the centre to exercise control over the state’s legislature in following ways:
1. The governor can reserve certain types of bills passed by the state legislature for the consideration of the President. The President enjoys absolute veto over them.
2. Bills on certain matters enumerated in the State List can be introduced in the state legislature only with the previous sanction of the President as imposing restrictions on freedom of trade and commerce.
3. The President can direct the states to reserve money bills and other financial bills passed by the state legislature for his consideration during a financial emergency.

2. Centre State Administrative Relations
The administrative jurisdiction of the Union and the State Governments extends to the subjects in the Union list and State list respectively. The Constitution thus defines the clauses that deal with the administrative relations between Centre and States.

Centre State Relations During Normal Ties

1. Executive Powers of State be exercised in compliance with Union Laws: Article 256 lays down that the executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a state as may appear to the Government of India to be necessary for that purpose.

2. Executive Powers of State not to interfere with Executive Power of Union: Article 257 of the Constitution provides that the executive power of every state shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to giving of such directions to a state as may appear to the Government of India to be necessary for that purpose. In short, the Union Government can issue directions to the state Government even with regard to the subjects enumerated in the state list.

3. Maintain means of communication of National or Military importance: The Union Government can give directions to the state with regard to construction and maintenance of the means of communication declared to be of national or military importance.

4. Protection of the Railways: Union can issue State Governments necessary directions regarding the measures to be taken for the protection of the railways within the jurisdiction of the State. It may be noted that the expenses incurred by the State Governments for the discharge of these functions have to be reimbursed by the Union Government.

5. To ensure welfare of Scheduled Tribes in the States: Union can direct the State Governments to ensure execution of schemes essential for the welfare of the Scheduled Tribes in the States.

6. To secure instruction in the mother-tongue at the primary stage of education: Union can direct the State Governments to secure the provision of adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups.

7. To ensure development of the Hindi language: Union can direct the State Governments to ensure the development of the Hindi language.

8. To ensure government of a State is carried on in accordance with the provision of the Constitution: Union can direct the State Governments to ensure that the government of a State is carried on in accordance with the provision of the Constitution. If any State failed to comply with any directions given by the Union in exercise of its executive power, then President may hold that, a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution. Thus he may proclaim President’s Rule in that State.

9. Delegation of Union’s function to State: The President of India can entrust to the officers of the State certain functions of the Union Government. However, before doing so the President has to take the consent of the state Government. But the Parliament can enact law authorizing the Central Government to delegate its function to the State Governments or its officers irrespective of the consent of such State Government. On the other hand, a State may confer administrative functions upon the Union, with the consent of the Union only.

10. Appointment of High Dignitaries: Union has major say in appointment and removal of Governor and appointment of Judges of High Court and Members of State Public Service Commission.

11. All India Services: The presence of the All India Services - the Indian Administrative Services, Indian police Services - further accords a predominant position to the Union Government. The members of these services are recruited and appointment by the Union Public Service Commission. The members of these services are posted on key posts in the states, but remain loyal to the Union Government.

12. Union to adjudicate Inter-State River Water Dispute: The Parliament has been vested with power to adjudicate any dispute or complaint with respect to the use, distribution or control of the waters of, or in any inter-state river or river-valley. In this regard, the Parliament also reserves the right to exclude such disputes from the jurisdiction of the Supreme Court or other Courts.

 

Centre State Relations During Emergencies

1. Under President’s Rule: The State Governments cannot ignore the directions of the Union Government, otherwise the President can take the action against the Government of the State stating that the administration cannot be carried on the accordance with the provisions of the Constitution and thus can impose President's rule on the State. In such an eventuality the President shall assume to himself all or any of the functions of the state Government.

2. Under Proclamation of National Emergency: During a Proclamation of National Emergency, the power of the Union to give directions extends to the giving of directions as to the manner in with the executive power of the State is to be exercised relating to any matter.

3. Under Proclamation of Financial Emergency: During a Proclamation of Financial Emergency, Union can direct the State Governments to observe certain canons of financial propriety and to reduce the salaries and allowances of all or any class of person serving in connection with the affairs of the Union including the Judges of the Supreme Court and High Courts. Union also requires all Money Bills or Financial Bills to be reserved for the consideration of the President after they are passed by the Legislature of the State.

It is thus, evident that in the administrative sphere the States cannot act in complete isolation and have to work under the directions and in cooperation with the Center.

3. Centre State Financial Relations:

Indian Constitution has made elaborate provisions, relating to the distribution of the taxes as well as non-tax revenues and the power of borrowing, supplemented by provisions for grants-in-aid by the Union to the States.

Article 268 to 293 deals with the provisions of financial relations between Centre and States.

The Constitution divides the taxing powers between the Centre and the states as follows:

The Parliament has exclusive power to levy taxes on subjects enumerated in the Union List, the state legislature has exclusive power to levy taxes on subjects enumerated in the State List, both can levy taxes on the subjects enumerated in Concurrent List whereas residuary power of taxation lies with Parliament only.

Distribution of the tax-revenue

1. Duties Levied by the Union but Collected and Appropriated by the States: Stamp duties on bills of Exchange, etc., and Excise duties on medical and toilet preparations containing alcohol. These taxes don’t form the part of the Consolidated Fund of India, but are assigned to that state only.

2. Service Tax are Levied by the Centre but Collected and Appropriated by the Centre and the States.

3. Taxes Levied as Well as Collected by the Union, but Assigned to the States: These include taxes on the sale and purchase of goods in the course of inter-state trade or commerce or the taxes on the consignment of goods in the course of inter-state trade or commerce.

4. Taxes Levied and Collected by the Union and Distributed between Union and the States: Certain taxes shall be levied as well as collected by the Union, but their proceeds shall be divided between the Union and the States in a certain proportion, in order to effect on equitable division of the financial resources. This category includes all taxes referred in Union List except the duties and taxes referred to in Article 268, 268-A and 269; surcharge on taxes and duties mentioned in Article 271 or any Cess levied for specific purposes.

5. Surcharge on certain duties and taxes for purposes of the Union: Parliament may at any time increase any of the duties or taxes referred in those articles by a surcharge for purposes of the Union and the whole proceeds of any such surcharge shall form part the Consolidated Fund of India.

Grants-in-Aid
Besides sharing of taxes between the Center and the States, the Constitution provides for Grants-in-aid to the States from the Central resources.

There are two types of grants:-

1. Statutory Grants: These grants are given by the Parliament out of the Consolidated Fund of India to such States which are in need of assistance. Different States may be granted different sums. Specific grants are also given to promote the welfare of scheduled tribes in a state or to raise the level of administration of the Scheduled areas therein (Art.275).

2. Discretionary Grants: Center provides certain grants to the states on the recommendations of the Planning Commission which are at the discretion of the Union Government. These are given to help the state financially to fulfill plan targets (Art.282).

Effects of Emergency on Center-State Financial Relations:-
1. During National Emergency: The President by order can direct that all provisions regarding division of taxes between Union and States and grants-in-aids remain suspended. However, such suspension shall not go beyond the expiration of the financial year in which the Proclamation ceases to operate.

2. During Financial Emergency: Union can give directions to the States:-

1. To observe such canons of financial propriety as specified in the direction.

2. To reduce the salaries and allowances of all people serving in connection with the affairs of the State, including High Courts judges.

3. To reserve for the consideration of the President all money and financial Bills, after they are passed by the Legislature of the State.

Finance Commission

Although the Constitution has made an effort to allocate every possible source of revenue either to the Union or the States, but this allocation is quite broad based. For the purpose of allocation of certain sources of revenue, between the Union and the State Governments, the Constitution provides for the establishment of a Finance Commission under Article 280. According to the Constitution, the President of India is authorized to set up a Finance Commission every five years to make recommendation regarding distribution of financial resources between the Union and the States.

Constitution

Finance Commission is to be constituted by the President every 5 years. The Chairman must be a person having ‘experience in public affairs’. Other four members must be appointed from amongst the following:-

1. A High Court Judge or one qualified to be appointed as High Court Judge;

2. A person having knowledge of the finances and accounts of the Government;

3. A person having work experience in financial matters and administration;

4. A person having special knowledge of economics.

Functions
The Finance Commission recommends to the President as to:-
1. The distribution between the Union and the States of the net proceeds of taxes to be divided between them and the allocation between the States of respective shares of such proceeds;

2. The principles which should govern the grants-in-aid of the revenue of the States out of the Consolidated Fund of India;

3. The measures needed to augment the Consolidated Fund of a State to supplement the resources of the Panchayats and Municipalities in the State;

4. Any other matter referred to the Commission by the President in the interest of sound finance

Conclusion:
In India, the Centre-States relations constitute the core elements of the federalism. The Central Government and State Government cooperate for the well-being and safety of the citizens of India. The work together in the field of environmental protection, terror control, family control and socio-economic planning.

The Indian constitution aim at reconciling the national unity while giving the power to maintain state to the State governments. It is true that the union has been assigned larger powers than the state governments, but this is a question of degree and not quality, since all the essential features of a federation are present in the Indian constitution. It is often defined to be quasi-federal in nature. Thus, it can be safely said that Indian Constitution is primarily federal in nature even though it has unique features that enable it to assume unitary features upon the time of need. Federal but its spirit is unitary.

 

·        Articles 245 to 263 of Part XI and Articles 268 to 293 of Part XII describe three types of Center-State relations i.e. Legislative, Administrative, and Financial.

Legislative Relations

·        Articles 245 to 255 describe Legislative relations.

·        Article 245 (1) states that Subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India, and the Legislature of a State may make laws for the whole or any part of the State.

·        Article 245 (2) states that no law made by Parliament shall be deemed to be invalid on the ground that it would have extra-territorial operation.

·        Article 246 states that the Parliament has exclusive power to make laws with respect to any of the matters enumerated in List I (i.e. Union List) and List III (i.e. Concurrent List) of the Seventh Schedule.

·        Article 248 states that the Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.

·        Further, Article 250 states that notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to any of the matters enumerated in the State List.

Administrative Relations

·        Articles 255 to 263 describe Legislative relations.

·        Article 256 states that the executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.

·        Article 257 (1) states that the executive power of every State shall be so exercised as not to impede or prejudice the exercise of the executive power of the Union, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.

·        Article 258 (2) states that a law made by Parliament which applies in any State may, notwithstanding that it relates to a matter with respect to which the Legislature of the State has no power to make laws, confer powers and impose duties, or authorize the conferring of powers and the imposition of duties, upon the State or officers and authorities thereof.

·        Article 261 (3) states that final judgments or orders delivered or passed by civil courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law.

·        Article 262 (1) states that Parliament may by law provide for the adjudication of any dispute or complaint with respect to the use, distribution or control of the waters of, or in, any inter-State river or river valley.

·        Article 262 (2) states that notwithstanding anything in this Constitution, Parliament may be law provide that neither the Supreme Court nor any other court shall exercise jurisdiction in respect of any such dispute or complaint as is referred to in clause (1).

Financial Relations

·        Articles 268 to 293 describe Financial relations.

·        Article 268 describes the Duties levied by the Union but collected and appropriated by the States.

·        Article 269 describes the Taxes levied and collected by the Union but assigned to the States.

·        Article 270 describes the Taxes levied and distributed between the Union and the States.

 

2.chapter

Emerging Trends in Centre-State Relations-Restructuring Centre-State Relations-Recommendations of Sarkaria Commission, M.M.Punchi Commission

 

Important Recommendations On Centre – State Relations

Administrative Reforms Commission

• Article 263 of the constitution mandates the formation of an inter-state council.
• Appointment of governors with extensive public service experience and nonpartisan attitudes
• States have been given the most power.
• More financial resources should be transferred to the states to lessen their reliance on the federal government.
• Deployment of central armed forces in states at their request or on their initiative.
• The Rajamannar committee, which was constituted by the Tamil Nadu government, offered several recommendations to remedy the power imbalance between the centre and the state.
• Punjab made similar proposals to resolve these disparities in the Anandpur Sahib Resolution, while West Bengal made similar recommendations in a memorandum.
• In 1983, the government established the Sarkaria Commission and in 2007, the Punchhi Commission to assess the situation of center-state relations.

Sarkaria Commission Recommendation

• Setting up a permanent inter-State Council
• Article 356 should only be utilized when necessary.
• It is necessary to strengthen the institution of all-India service.
• The parliament should retain residuary power.
• When the President vetoes state bills, the reasons should be revealed to the states.
• The Centre should have the right to deploy its armed forces without the approval of the states. It is desirable, however, that the states be consulted.
• The procedure for consulting the chief minister when appointing the state government should be spelled out in the constitution.
• Governors should be allowed to finish their five-year terms.
• The position of Commissioner for Linguistic Minorities should be filled.

Punchhi Commission

• Governors are given a five-year tenure and are removed through the impeachment procedure.
• In subjects entrusted to the states, the Union should use the utmost caution in establishing Parliamentary primacy.
• It stipulated several requirements to be considered when appointing governors:
• He should be well-known in some fields.
• He should be a non-resident of the state.
• He should be a non-political figure who is not involved in local politics.
• He should not have been involved in politics in the recent past.
• The government should be given a five-year term limit.
• The procedure for impeachment of the president could be extended to governors as well.
• The Governor should insist on the Chief Minister demonstrating his majority on the floor of the House, and he should set a time restriction for this.
• When deciding situations involving the President's rule, keep the Bommai case rules in mind.
• The Inter-State Council should be used more frequently to promote center-state cooperation.

 

UNIT-II : ELECTORAL PROCESSES

CHAPTER-1. The Election Commission of India, Powers and Functions.

 

In India, there are three levels of government, i.e.,

v Center level,

v State level, and

v Local level.

·        At center level, elections are conducted to elect Member of Parliament, which is known as Lok Sabha elections.

·        For Lok Sabha election, the whole country is divided into 543 constituencies and each constituency elects one representative as a Member of Parliament (MP).

·        At the State level, an election is called assembly election; however, unlike center, each state is divided into a different specific number of Assembly constituencies.

·        The elected representative in the assembly election is called as the Member of Legislative Assembly (MLA).

·        Similarly, at the local level, elections are held for the election of Pradhan in Panchayat (rural) areas and counselor in Municipal (urban) areas.

·        Each village or town is divided into several ‘wards’ (similar to constituencies) and each ward elects one member of the village or the urban local body respectively.

 

The Constitution of India has established a permanent and independent body to ensure free and fair elections in the country known as the Election Commission. The commission is responsible for holding Lok Sabha elections of India.

It is an important topic for IAS Exam, coming under Indian Polity syllabus. This article will hence talk about Election Commission of India, Article 324 (pertaining to the independence and impartial functioning of Election Commission,) its powers and responsibilities and more.

Composition of Election Commission

Article 324 of the Constitution has made the following provisions with regard to the composition of the election commission:

• The President appoints the Chief Election Commissioner and other election commissioners.
• When any other EC is so appointed, the CEC acts as the Election Commission’s Chairman.
• The President can also appoint regional commissioners to assist the Commission, if necessary after consulting with the Election Commission.
• The tenure of office and the conditions of service of all the commissioners shall be determined by the country’s President.

 

What is Article 324?

The Constitution provides the Election Commission of India with the power of direction, superintendence, and control of elections to parliament, state legislatures, the office of president of India and the office of vice-president of India.

The Election Commission is an all-India body that is common to both the Central government and the State governments. It must be noted here that the commission does not deal with the elections to the Municipalities and Panchayats in the states. Hence, a separate State Election Commission is provided by the Constitution of India.

Constitutional Appointment of ECI

Since its inception in 1950 and till 15 October 1989, the election commission was a one-member body with only the Chief Election Commissioner (CEC) as its sole member.

• On 16 October 1989, the voting age was changed from 21 to 18 years. So, two more election commissioners were appointed by the president in order to cope with the increased work of the election commission.
• Since then, the Election Commission was a multi-member body that consisted of 3 election commissioners.
• Later on, the two posts of election commissioners were eliminated in January 1990 and the Election Commission was reverted to the previous position.
• This was repeated again later in October 1993 when the president appointed two more election commissioners. Since then, the Election Commission functions as a multi-member body comprising of 3 commissioners.
• The chief and the two other election commissioners have the same powers and emoluments including salaries, which are the same as a Supreme Court judge.
• In case of a difference of opinion amongst the Chief Election Commissioner and/or two other election commissioners, the matter is decided by the Commission by a majority.
• The office is held by them for a term of 6 years or until they attain 65 years, whichever happens first. They can also be removed or can resign at any time before the expiry of their term.

Aspirants can find the list of Chief Election Commissioners of India in the linked article.

Independence of the Election Commission

Article 324 of The Constitution of India mentions the provisions to safeguard and ensure the independent and impartial functioning of the Election Commission which is as follows.

• The chief election commissioner is provided with security of tenure. He cannot be removed from his office except in the same manner and on the same grounds as a judge of the Supreme Court. In other words, he can be removed by the President on the basis of a resolution passed to that effect by both the Houses of Parliament with a special majority, either on the ground of proved misbehaviour or incapacity.
• Thus, he does not hold his office until the pleasure of the president, though he is appointed by him.
• The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment.
• Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.
• Though the constitution has sought to safeguard and ensure the independence and impartiality of the Election Commission, some flaws can be noted, ie:

• The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the Election Commission.
• The Constitution has not specified the term of the members of the Election Commission.
• The Constitution has not debarred the retiring election commissioners from any further appointment by the government.

Powers, Functions, and Responsibilities of Election Commission

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.
• The Commission’s functions and powers with respect to elections to the offices of the President, the Vice President, the state legislators and the Parliament are divided under three headings:

• Administrative
• Advisory
• Quasi-judicial

Article 324	Superintendence, direction and control of elections to be vested in an Election Commission.
Article 325	No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex.
Article 326	Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage.
Article 327	Power of Parliament to make provision with respect to elections to Legislatures.
Article 328	Power of Legislature of a State to make provision with respect to elections to such Legislature.
Article 329	Bar to interference by courts in electoral matters.

 

Powers of Election Commission of India

In details, these powers of the Election Commission of India are:

• Determining the Electoral Constituencies’ territorial areas throughout the country on the basis of the Delimitation Commission Act of Parliament.
• Preparing and periodically revising electoral rolls and registering all eligible voters.
• Notifying the schedules and dates of elections and scrutinising nomination papers.
• Granting recognition to the various political parties and allocating them election symbols.
• Acting as a court to settle disputes concerning the granting of recognition to political parties and allocating election symbols to the parties.
• Appointing officers for inquiring into disputes concerning electoral arrangements.
• Determining the code of conduct to be followed by the political parties and candidates during elections.
• Preparing a program for publicising the policies of all the political parties on various media like TV and radio during elections.
• Advising the President on matters concerning the disqualification of MPs.
• Advising the Governor on matters concerning the disqualification of MLAs.
• Cancelling polls in case of booth capturing, rigging, violence and other irregularities.
• Requesting the Governor or the President for requisitioning the staff required for conducting elections.
• Supervising the machinery of elections throughout the country for ensuring the conduct of free and fair elections.
• Advising the President on whether elections can be held in a state that is under the President’s rule, in order to extend the period of emergency after 1 year.
• Registering political parties and granting them the status of national or state parties (depending on their poll performance).

The Commission is aided in its function by deputy election commissioners. The deputy ECs are taken from the civil services and they are appointed by the Commission. They have a fixed tenure. They are aided by the secretaries, deputy secretaries, joint secretaries and under-secretaries posted in the commission’s secretariat.

Functions of Election Commission

1.    To direct and control the entire process of conducting elections to Parliament and Legislature of every State and to the offices of President and Vice-President of India.

2.    To decide the election schedules for the conduct of periodic and timely elections, whether general or bye-elections

3.    To decide on the location of polling stations, assignment of voters to the polling stations, location of counting centres, arrangements to be made in and around polling stations and counting centres and all allied matters

4.    To prepare electoral roll and issues Electronic Photo Identity Card (EPIC)

5.    To grant recognition to political parties & allot election symbols to them along with settling disputes related to it

6.    To sets limits of campaign expenditure per candidate to all the political parties, and also monitors the same

7.    To advise in the matter of post-election disqualification of sitting members of Parliament and State Legislatures.

8.    To issue the Model Code of Conduct in the election for political parties and candidates so that no one indulges in unfair practice or there is no arbitrary abuse of powers by those in power.

Importance of Election Commission for India

• The Election Commission has been successfully conducting national as well as state elections since 1952. Now, it plays an active role to ensure the greater participation of people.
• The Commission has brought discipline among the political parties with a threat of derecognizing if the parties failed in maintaining inner-party democracy.
• It supports the values preserved in the Constitution viz, equality, equity, impartiality, independence; and rule of law in superintendence, direction, and control over the electoral governance.
• ECI helps in conducting elections with the highest standard of credibility, fairness, transparency, integrity, accountability, autonomy and professionalism.
• In the electoral process, it ensures the participation of all eligible citizens in an inclusive voter-centric and voter-friendly environment.
• The Election Commission of India engages with political parties and all stakeholders in the interest of the electoral process.
• It creates awareness about the electoral process and electoral governance amongst stakeholders (political parties, voters, election functionaries, candidates and people at large) to enhance and strengthen confidence and trust in the electoral system of this country.

Challenges faced by Election Commission

1.    Increased violence and electoral malpractices under influence of money have resulted in political criminalization, which ECI is unable to arrest.

2.    Election Commission is not adequately equipped to regulate the political parties. It has no power in enforcing inner-party democracy and regulation of party finances.

3.    ECI is becoming lesser independent of the Executive which has impacted its image.

4.    Allegations of EVMs malfunctioning, getting hacked and not registering votes, corrodes the trust of the general masses in ECI.

Way Forward – ECI

• Until the controversy related to glitches in EVM settles down, the commission needs to establish its trust amongst people by installing ( Voter Verifiable Paper Audit Trail System ) VVPATS in more and more constituencies.
• The challenge before ECI is to be vigilant and watchful against the collusion at the lower level of civil and police bureaucracy in favour of the ruling party of the day.
• 2nd ARC report recommended that collegium headed by the Prime Minister with the Speaker of the Lok Sabha, the Leader of Opposition in the Lok Sabha, the Law Minister and the Deputy Chairman of the Rajya Sabha

 

 

CHAPTER-2. Issues of Electoral Reforms, Voting Behaviour-Determinants and 15 Problems of Defections.

 

 

Issues in Electoral Politics in India

There are multiple issues plaguing the electoral process in India. Some of the most prominent ones are mentioned below.

Money Power

In every constituency, candidates have to spend crores of rupees for campaigning, publicity, etc. Most candidates far exceed the permissible limit of expenses.

Muscle Power

In certain parts of the country, there are widespread reports of illegal and untoward incidents during polling such as the use of violence, intimidation, booth capturing, etc.

Criminalisation of Politics and Politicization of Criminals

Criminals enter into politics and ensure that money and muscle power wins them elections, so that the cases against them are not proceeded with. Political parties are also happy as long as they have winnable candidates. Political parties field criminals in elections for funds and in return provide them with political patronage and protection.

Misuse of Government Machinery

There is a general opinion that the party in power uses government machinery such as using government vehicles for canvassing, advertisements at the cost of the exchequer, disbursements out of the discretionary funds at the disposal of the ministers, and other such means to improve the chances of their candidates winning.

Non-serious Independent candidates

Serious candidates float non-serious candidates in elections to cut a good portion of the votes that would otherwise have gone to rival candidates.

Casteism

There are cases of certain caste groups lending strong support to particular political parties. Thus, political parties make offers to win over different caste groups, and caste groups also try to pressurize parties to offer tickets for their members’ elections. Voting on caste lines is prevalent in the country and this is a serious blotch on democracy and equality. This also creates rifts in the country.

Communalism 

Communal polarization poses a serious threat to the Indian political ethos of pluralism, parliamentarianism, secularism and federalism. Read more about Communalism in the linked article. 

 

Lack of Moral Values in Politics

The political corruption in India has led to politics becoming a business. People enter the political arena for making money and retaining their money and power. There are very few leaders who enter politics to make a difference in the lives of their people. The Gandhian values of service and sacrifice are missing from the Indian political scene.

Electoral Reforms Undertaken

Electoral reforms undertaken by authorities can be broadly divided into two categories: pre-2000 and post-2000. Both of these are discussed in the section below:

Electoral Reforms Pre-2000

1.    Lowering of Voting Age: The 61st Amendment Act to the Constitution reduced the minimum age for voting from 21 to 18 years. (read about important amendments in the Indian Constitution, in the linked article.)

2.    Deputation to Election Commission: All personnel working in preparing, revising and correcting the electoral rolls for elections shall be considered to be on deputation to the EC for the period of such employment, and they shall be superintended by the EC.

3.    Increase in the number of proposers and the security deposit: The number of electors required to sign as proposers in the nomination papers for elections to the Rajya Sabha and the State Legislative Councils has been raised to 10% of the electors of the constituency or ten such electors, whichever is less chiefly to prevent frivolous candidates. The security deposit has also been hiked to prevent non-serious candidates.

4.    Electronic Voting Machine (EVMs): First introduced in 1998 during the state elections of Delhi, Madhya Pradesh and Rajasthan, EVMs are used widely now as they are fool-proof, efficient and a better option in terms of the environment.

5.    Disqualification on conviction for violating the National Honours Act, 1971: This shall lead to disqualification of the person for 6 years from contesting to the Parliament and the state legislatures.

6.    Restriction on contesting from more than 2 constituencies: A candidate cannot contest from more than 2 constituencies.

7.    Death of a contesting candidate: Previously, the election was countermanded on the death of a contesting candidate. In the future, no election will be countermanded on the death of a contesting candidate. If the deceased candidate, however, was set up by a recognized national or state party, then the party concerned will be given an option to nominate another candidate within 7 days of the issue of a notice to that effect to the party concerned by the Election Commission.

8.    It is prohibited by law to go to or near a polling booth bearing arms. This is punishable by imprisonment for up to 2  years.

9.    On poll days, employees of organisations get a paid holiday and violation of this is punishable by a fine.

10. Prohibition on sale of liquor:  No liquor or other intoxicants shall be sold or given or distributed at any shop, eating place, or any other place, whether private or public, within a polling area during the period of 48 hours ending with the hour fixed for the conclusion of poll.

11. Time limit for bye-elections: Bye-elections to any House of Parliament or a State Legislature will now be held within six months of the occurrence of the vacancy in that House. (Read about Parliament & State Legislature in the linked article.)

12. The period of campaigning has been reduced.

 

Electoral Reforms Post 2000

The electoral reforms target the election process in the country. The list of such electoral reforms are given below:

1.    Ceiling on election expenditure: At present, there is no limit on the amount a political party can spend in an election or on a candidate. But, the Commission has put a cap on individual candidates’ spending. For the Lok Sabha elections, it is Rs. 50 – 70 lakh (depending on the state they are contesting the Lok Sabha seat from), and Rs. 20 – 28 lakh for an assembly election.

2.    Restriction on exit polls: The EC issued a statement before the 2019 Lok Sabha elections saying that exit poll results could be broadcast only after the final phase of the elections were over. This was done to avoid prospective voters being misguided or prejudiced in any manner.

3.    Voting through postal ballot: In 2013, the EC decided to expand the ambit of postal ballot voting in the country. Previously, only Indian staff in missions abroad and defence personnel in a limited way, could vote via postal ballots. Now, there are 6 categories of voters who can use the postal ballot: service voters; special voters; wives of service voters and special voters; voters subjected to preventive detention; voters on election duty and Notified voters.

4.    Awareness Creation: The government decided to observe January 25th as ‘National Voters Day’ to mark the EC’s founding day. Read more on the National Voters’ Day here.

5.    Political parties need to report any contribution in excess of Rs 20000 to the EC for claiming income tax benefit.

6.    Declaring of criminal antecedents, assets, etc. by the candidates is required and declaring false information in the affidavit is now an electoral offence punishable with imprisonment up to 6 months or fine or both.

 

 

UNIT-III : GROSSROOT DEMOCRACY-DECENTRALISATION

1. Panchayat Raj system-Local and Urban Governments-Structure, Powers and Functions

 

 

Panchayati Raj - 73rd Constitutional Amendment Act

A three-tier structure of the Indian administration for rural development is called Panchayati Raj. The aim of the Panchayati Raj is to develop local self-governments in districts, zones and villages.

Introduction to Panchayati Raj

Rural development is one of the main objectives of Panchayati Raj and this has been established in all states of India except Nagaland, Meghalaya and Mizoram, in all Union Territories except Delhi. and certain other areas. These areas include:

a.     The scheduled areas and the tribal areas in the states

b.    The hill area of Manipur for which a district council exists and

c.     Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists

Evolution of Panchayati Raj

The Panchayati system in India is not purely a post-independence phenomenon. In fact, the dominant political institution in rural India has been the village panchayat for centuries. In ancient India, panchayats were usually elected councils with executive and judicial powers. Foreign domination, especially Mughal and British, and the natural and forced socio-economic changes had undermined the importance of the village panchayats. In the pre-independence period, however, the panchayats were instruments for the dominance of the upper castes over the rest of the village, which furthered the divide based on either the socio-economic status or the caste hierarchy.

The evolution of the Panchayati Raj System, however, got a fillip after the attainment of independence after the drafting of the Constitution. The Constitution of India in Article 40 enjoined: “The state shall take steps to organise village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government”.

There were a number of committees appointed by the Government of India to study the implementation of self-government at the rural level and also recommend steps in achieving this goal.

The committees appointed are as follows:

• Balwant Rai Mehta Committee
• Ashok Mehta Committee
• G V K Rao Committee
• L M Singhvi Committee

Balwant Rai Mehta Committee & Panchayati Raj

The committee was appointed in 1957, to examine and suggest measures for better working of the Community Development Programme and the National Extension Service. The committee suggested the establishment of a democratic decentralised local government which came to be known as the Panchayati Raj.

Recommendations by the Committee:

• Three-tier Panchayati Raj system: Gram Panchayat, Panchayat Samiti and Zila Parishad.
• Directly elected representatives to constitute the gram panchayat and indirectly elected representatives to constitute the Panchayat Samiti and Zila Parishad.
• Planning and development are the primary objectives of the Panchayati Raj system.
• Panchayat Samiti should be the executive body and Zila Parishad will act as the advisory and supervisory body.
• District Collector to be made the chairman of the Zila Parishad.
• It also requested for provisioning resources so as to help them discharge their duties and responsibilities.

The Balwant Rai Mehta Committee further revitalised the development of panchayats in the country, the report recommended that the Panchayati Raj institutions can play a substantial role in community development programmes throughout the country. The objective of the Panchayats thus was the democratic decentralisation through the effective participation of locals with the help of well-planned programmes. Even the then Prime Minister of India, Pandit Jawaharlal Nehru, defended the panchayat system by saying, “. . . authority and power must be given to the people in the villages …. Let us give power to the panchayats.”

Ashok Mehta Committee & Panchayati Raj

The committee was appointed in 1977 to suggest measures to revive and strengthen the declining Panchayati Raj system in India.

The key recommendations are:

• The three-tier system should be replaced with a two-tier system: Zila Parishad (district level) and the Mandal Panchayat (a group of villages).
• District level as the first level of supervision after the state level.
• Zila Parishad should be the executive body and responsible for planning at the district level.
• The institutions (Zila Parishad and the Mandal Panchayat) to have compulsory taxation powers to mobilise their own financial resources.

G V K Rao Committee & Panchayati Raj

The committee was appointed by the planning commission in 1985. It recognised that development was not seen at the grassroot level due to bureaucratisation resulting in Panchayat Raj institutions being addressed as ‘grass without roots’. Hence, it made some key recommendations which are as follows:

• Zila Parishad to be the most important body in the scheme of democratic decentralisation. Zila Parishad to be the principal body to manage the developmental programmes at the district level.
• The district and the lower levels of the Panchayati Raj system to be assigned with specific planning, implementation and monitoring of the rural developmental programmes.
• Post of District Development Commissioner to be created. He will be the chief executive officer of the Zila Parishad.
• Elections to the levels of Panchayati Raj systems should be held regularly.

L M Singhvi Committee & Panchayati Raj

The committee was appointed by the Government of India in 1986 with the main objective to recommend steps to revitalise the Panchayati Raj systems for democracy and development. The following recommendations were made by the committee:

• The committee recommended that the Panchayati Raj systems should be constitutionally recognised. It also recommended constitutional provisions to recognise free and fair elections for the Panchayati Raj systems.
• The committee recommended reorganisation of villages to make the gram panchayat more viable.
• It recommended that village panchayats should have more finances for their activities.
• Judicial tribunals to be set up in each state to adjudicate matters relating to the elections to the Panchayati Raj institutions and other matters relating to their functioning.

All these things further the argument that panchayats can be very effective in identifying and solving local problems, involve the people in the villages in the developmental activities, improve the communication between different levels at which politics operates, develop leadership skills and in short help the basic development in the states without making too many structural changes. Rajasthan and Andhra Pradesh were the first to adopt Panchayati raj in 1959, other states followed them later.

Though there are variations among states, there are some features that are common. In most of the states, for example, a three-tier structure including panchayats at the village level, panchayat samitis at the block level and the zila parishads at the district level-has been institutionalized. Due to the sustained effort of the civil society organisations, intellectuals and progressive political leaders, the Parliament passed two amendments to the Constitution – the 73^rd Constitution Amendment for rural local bodies (panchayats) and the 74^th Constitution Amendment for urban local bodies (municipalities) making them ‘institutions of self-government’. Within a year all the states passed their own acts in conformity to the amended constitutional provisions.

 

CHAPTER-2-Democratic Decentralization-Rural Development and Poverty alleviation with reference to 73rd and 74th Constitutional Amendment Acts, Challenges and Prospects.

73^rd Constitutional Amendment Act of 1992

Significance of the Act

• The Act added Part IX to the Constitution, “The Panchayats” and also added the Eleventh Schedule which consists of the 29 functional items of the panchayats.
• Part IX of the Constitution contains Article 243 to Article 243 O.
• The Amendment Act provides shape to Article 40 of the Constitution, (directive principles of state policy), which directs the state to organise the village panchayats and provide them powers and authority so that they can function as self-government.
• With the Act, Panchayati Raj systems come under the purview of the justiciable part of the Constitution and mandates states to adopt the system. Further, the election process in the Panchayati Raj institutions will be held independent of the state government’s will.
• The Act has two parts: compulsory and voluntary. Compulsory provisions must be added to state laws, which includes the creation of the new Panchayati Raj systems. Voluntary provisions, on the other hand, is the discretion of the state government.
• The Act is a very significant step in creating democratic institutions at the grassroots level in the country. The Act has transformed the representative democracy into participatory democracy.

Salient Features of the Act

1.    Gram Sabha: Gram Sabha is the primary body of the Panchayati Raj system. It is a village assembly consisting of all the registered voters within the area of the panchayat. It will exercise powers and perform such functions as determined by the state legislature. Candidates can refer to the functions of gram panchayat and gram panchayat work, on the government official website – https://grammanchitra.gov.in/.

2.    Three-tier system: The Act provides for the establishment of the three-tier system of Panchayati Raj in the states (village, intermediate and district level). States with a population of less than 20 lakhs may not constitute the intermediate level.

3.    Election of members and chairperson: The members to all the levels of the Panchayati Raj are elected directly and the chairpersons to the intermediate and the district level are elected indirectly from the elected members and at the village level the Chairperson is elected as determined by the state government.

4.    Reservation of seats:

    For SC and ST: Reservation to be provided at all the three tiers in accordance with their population percentage.

    For women: Not less than one-third of the total number of seats to be reserved for women, further not less than one-third of the total number of offices for chairperson at all levels of the panchayat to be reserved for women.

    The state legislatures are also given the provision to decide on the reservation of seats in any level of panchayat or office of chairperson in favour of backward classes.

5.    Duration of Panchayat: The Act provides for a five-year term of office to all the levels of the panchayat. However, the panchayat can be dissolved before the completion of its term. But fresh elections to constitute the new panchayat shall be completed –

    before the expiry of its five-year duration.

    in case of dissolution, before the expiry of a period of six months from the date of its dissolution.

6.    Disqualification: A person shall be disqualified for being chosen as or for being a member of panchayat if he is so disqualified –

    Under any law for the time being in force for the purpose of elections to the legislature of the state concerned.

    Under any law made by the state legislature. However, no person shall be disqualified on the ground that he is less than 25 years of age if he has attained the age of 21 years.

    Further, all questions relating to disqualification shall be referred to an authority determined by the state legislatures.

7.    State election commission:

o   The commission is responsible for superintendence, direction and control of the preparation of electoral rolls and conducting elections for the panchayat.

o   The state legislature may make provisions with respect to all matters relating to elections to the panchayats.

8.    Powers and Functions: The state legislature may endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government. Such a scheme may contain provisions related to Gram Panchayat work with respect to:

a.     the preparation of plans for economic development and social justice.

b.    the implementation of schemes for economic development and social justice as may be entrusted to them, including those in relation to the 29 matters listed in the Eleventh Schedule.

9.    Finances: The state legislature may –

a.     Authorize a panchayat to levy, collect and appropriate taxes, duties, tolls and fees.

b.    Assign to a panchayat taxes, duties, tolls and fees levied and collected by the state government.

c.     Provide for making grants-in-aid to the panchayats from the consolidated fund of the state.

d.    Provide for the constitution of funds for crediting all money of the panchayats.

10. Finance Commission: The state finance commission reviews the financial position of the panchayats and provides recommendations for the necessary steps to be taken to supplement resources to the panchayat.

11. Audit of Accounts: State legislature may make provisions for the maintenance and audit of panchayat accounts.

12. Application to Union Territories: The President may direct the provisions of the Act to be applied on any union territory subject to exceptions and modifications he specifies.

13. Exempted states and areas: The Act does not apply to the states of Nagaland, Meghalaya and Mizoram and certain other areas. These areas include,

a.     The scheduled areas and the tribal areas in the states

b.    The hill area of Manipur for which a district council exists

c.     Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists.
However, Parliament can extend this part to these areas subject to the exception and modification it specifies. Thus, the PESA Act was enacted.

14. Continuance of existing law: All the state laws relating to panchayats shall continue to be in force until the expiry of one year from the commencement of this Act. In other words, the states have to adopt the new Panchayati raj system based on this Act within the maximum period of one year from 24 April 1993, which was the date of the commencement of this Act. However, all the Panchayats existing immediately before the commencement of the Act shall continue till the expiry of their term, unless dissolved by the state legislature sooner.

15. Bar to interference by courts: The Act bars the courts from interfering in the electoral matters of panchayats. It declares that the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies cannot be questioned in any court. It further lays down that no election to any panchayat is to be questioned except by an election petition presented to such authority and in such manner as provided by the state legislature.

PESA Act of 1996

The provisions of Part IX are not applicable to the Fifth Schedule areas. The Parliament can extend this Part to such areas with modifications and exceptions as it may specify. Under these provisions, Parliament enacted Provisions of the Panchayats (Extension to the Scheduled Areas) Act, popularly known as PESA Act or the extension act.

Objectives of the PESA Act:

1.    To extend the provisions of Part IX to the scheduled areas.

2.    To provide self-rule for the tribal population.

3.    To have village governance with participatory democracy.

4.    To evolve participatory governance consistent with the traditional practices.

5.    To preserve and safeguard traditions and customs of tribal population.

6.    To empower panchayats with powers conducive to tribal requirements.

7.    To prevent panchayats at a higher level from assuming powers and authority of panchayats at a lower level.

As a result of these constitutional steps taken by the union and state governments, India has moved towards what has been described as ‘multi-level federalism’, and more significantly, it has widened the democratic base of the Indian polity. Before the amendments, the Indian democratic structure through elected representatives was restricted to the two houses of Parliament, state assemblies and certain union territories. The system has brought governance and issue redressal to the grassroot levels in the country but there are other issues too. These issues, if addressed, will go a long way in creating an environment where some of the basic human rights are respected.

After the new generation of panchayats had started functioning, several issues have come to the fore, which have a bearing on human rights. The important factor which has contributed to the human rights situation vis-a-vis the panchayat system is the nature of Indian society, which of course determines the nature of the state. Indian society is known for its inequality, social hierarchy and the rich and poor divide. The social hierarchy is the result of the caste system, which is unique to India. Therefore, caste and class are the two factors, which deserve attention in this context.

Thus, the local governance system has challenged the age old practices of hierarchy in the rural areas of the country particularly those related to caste, religion and discrimination against women.

 

UNIT-IV : SOCIAL DYNAMICS AND EMERGING CHALLENGES TO INDIAN POLITICAL SYSTEM

1. Role of Caste, Religion, Language and Regionalism in India.

 

Regionalism in India

While there is an innate sense of a pan-Indian identity, various foreign sociologists/scholars have noted the fixation on caste, tribe, language and community. Counter points include that regionalism has given rise to multi-party politics in India, deepening federalism. Regionalism is not necessarily ‘anti-nation’ or even ‘anti-people’ but there are both functional and dysfunctional aspects to consider.

We can trace back to the divide and rule colonial policies which sowed the seed in India. In the last 100 years, there have been many regional movements in India with demands following into the following broad categories:

• Secessionist Demands – Extreme form – Militant/Fundamentalist Groups – a new country separate from India
• Separatist Demands – A new state to be formed which can better serve the linguistic/ethnic minorities in the region.
• Full Statehood – Over the years, several Indian Union Territories got full statehood.
• Autonomy – demand for more power versus political interference from the central government.

Difference between Regionalism and Regional Political Parties

Political parties that are regional are not necessarily regionalist parties. Or in simpler terms do not believe in the ideology. A “regional party” is any political party with its base in a single region, whatever its objectives and platform maybe, whereas “regionalist” parties are a subset of regional parties that specifically campaign for greater autonomy or independence in their region.

Since regional parties, as is often the case, cannot receive enough votes or legislative seats to be politically powerful, they may join political coalitions or seek to be a part of the coalition government. Notable examples include the coalition government of 1996 when both mainstream parties such as the Indian National Congress (formed on December 28, 1885) and the Bharatiya Janata Party (BJP) joined hands with each other and other political parties, including regionalist ones to form the government.

What are the main causes of regionalism in India?

·        Language.

·        Religion.

·        Regional Culture.

·        Economic Backwardness.

·        Rise of Political Parties with a regionalist agenda

What are the effects of regionalism in India?

Regionalism often promotes Vote- Bank politics, thereby national integration and unity as a whole. Regionalism can weaken the time tested fabric of ‘Unity in Diversity’, if not promoted in a positive manner. For the most part, it is in a negative manner as certain political parties promote regionalism in a bid to stay in power and consolidate it by swaying the voters in their favour. At the very least it turns the people belonging to the same country against each other.

How can regionalism in India be mitigated?

It is hard to curb regionalism in a nation as vast and diverse as India. But the following steps can be taken to mitigate some of its worst effects.

1.    Doing away with regional imbalance

2.     The economic development of backward regions

3.    Restructuring society in a way that it promotes unity

4.    Cultural sensitisation

 

 

Caste:

In contemporary Indian scenario, caste mobilisation has become an important factor in determining Indian politics. According to Risley Caste, is a collection of families bearing a common name, claiming a common descent from a mythical ancestor, divine or human and professing to follow same hereditary calling and regarded by those who are competent to give an opinion as forming a single homogenous community. It is described caste as localized group having a traditional association based on one's birth in a caste, though at times associated with particular occupation (N.D. Arora, 2010). Caste, through a joint effort of its members to assert themselves, has presently intervened in both politics and administration mainly through franchise and institutions like Panchayati Raj. Whether it is the factionalism of Indian political parties or the nomination of candidates and the mode of election campaign, most things can be explained through caste interests and caste balance.

Ideally, caste and democratic political system signify opposite value systems. Caste is hierarchical. Status of an individual in caste-oriented social system is determined by birth. It has religious sanction by various holy texts, reinforced by priests and rituals. Conventionally, upper castes had been given certain privileges not only in religious area but also in economic, education and political spheres. Customary laws differentiate individual by birth and sex. 'That is, certain rules are austerely to women and Shudras and soft to males and Brahmins. Conversely, democratic political system backs freedom to an individual and equality of status. It stands for rule of Law. No one regardless of status is above law. Indian democratic system under the Constitution stands for liberty, equality and fraternity among all citizens.

It struggles to build egalitarian social order. There are three consequences of such interaction between caste associations and political parties. One, caste members particularly poor and marginalized who were previously remained untouched by the political processes got politicized and began to participate in electoral politics with an expectation that their interests would be served. Secondly, caste members get split among various political parties weakening hold of the caste. Lastly, numerically large castes get representation in decision-making bodies and strength of the traditionally dominant castes get weaken. This explains the rise of middle and backward caste representations in most of the state assemblies.

The link between caste and politics has been analysed at two levels:

1.    How caste affects politics.

2.    How politics affects caste.

The interest and mindfulness of various castes in politics may be studied in terms of four factors: interest of castes in politics, political knowledge and political awareness of castes, identification of castes with political parties, and influence of castes on political affairs. Rajni Kothari (1970) scrutinized the relationship between caste and politics through evaluating the issue as to what happens to political system because of the vote of castes. He found that three factors such as education, government patronage, and slowly expanding franchise have entered the caste system because of which caste system has come to affect democratic politics in the country. Economic opportunity, administrative patronage, and positions of power offered by the new institutions and the new leadership drew castes into politics. This involvement (of castes in politics) resulted in two things: the caste system made available to the leadership the structural and the ideological basis for political mobilisation, and leadership was enforced to make concessions to local opinion and organise castes for economic and political purposes.

The caste system, which is based on the philosophies of purity and pollution, hierarchy and difference, has despite social mobility, been overbearing towards the Shudras and the outcastes who suffered the disgrace of ritual impurity and lived in abject poverty, illiteracy and denial of political power. The basis of confrontational identity politics based on caste may be said to have its origin on the issue of providing the oppressed caste groups with state support in the form of protective discrimination. This group identity based on caste that has been reinforced by the advent of political consciousness around caste identities is institutionalised by the caste-based political parties that acknowledge to uphold and protect the interests of specific identities including the castes. Subsequently, political parties have the upper caste dominated BJP, the lower caste dominated BSP (Bhaujan Samaj Party) or the SP (Samajwadi Party), including the fact that left parties have implicitly followed the caste pattern to extract distance in electoral politics. The Aggregate result of the politicisation can be precised by arguing that caste-based identity politics has had a twin role in Indian society and polity. It comparatively democratised the caste-based Indian society but simultaneously destabilised the development of class-based organisations.

When reviewing historical facts, caste politics became noticeable in India in the beginning of 1990s after the National Front government under then Prime Minister Vishwanath Pratap Singh decided to implement the recommendations of the Mandal Commission, a government panel established in 1979 that called for a fixed quota (reservation) of jobs for the OBCs in the public sector.

Historical data indicated that Caste-based discrimination and domination have been a malicious aspect of Indian society and after independence, its implications with politics have not only made it possible for previously oppressed caste-groups to be accorded political freedom and recognition but has also raised consciousness about its potential as a political capital. In fact, Dipankar Gupta has emotionally exposed this ambiguity when he elaborates the differences between Ambedkar and Mandal Commission's view of caste. While the former designed the policy of reservations or protective discrimination to remove untouchability as an institution from Indian social life and polity, the latter considered caste as an important political resource. Actually, the Mandal commission can be regarded as the intellectual inspiration in transforming caste based identity to an asset that may be used as a basis for safeguarding political and economic gains. Though it can also be said that the upper castes by virtue of their major position were already occupying positions of strengths in the political and economic system, and when the Mandal intensified the consciousness of the 'Dalits' by recognising their disadvantage of caste-identity as an advantage the confrontation ensues.

The initiative of The National Front government was to reserve an additional 27 percent of seats for the OBCs led to dangerous clash between pro and anti-reservation supporters, and the government fell. For, there existed 15 percent of quota in the government jobs and the educational institutions for the Scheduled Castes (Dalit) people, and an additional 7.5 percent for Scheduled Tribes or tribal (aborigine) people.

After two decades, in April 2006, the ruling UPA government announced the OBC quota, and once again there was a strong opposition by sections of the non-reserved category people. The government's decision was challenged in the court of law. In May 2008, the Supreme Court of India agreed to the quota. However, there are far less protests as compared to 1990 which indicates that in the last 18 years, almost all parties have built their caste-based votebanks. This is also revealed in the fact that many OBC leaders have emerged as prominent politicians, such as Mulayam Singh Yadav from the SP, Lalu Prasad Yadav from the RJD, and Nitish Kumar from the JD-U.

It is appraised that after Independence, some caste associations were established with political objectives to compete in elections. In Gujarat, some of the leaders of the Kshatriya Sabha anticipated in the early fifties to form the party of the Kshatriyas. They soon repeated that they could not muster enough support to contest elections only on the strength of the Kshatriyas. Likewise, political elite of the Kurmis. Yadavas and Koeris encouraged the Bihar State Backward caste Association in 1947 to contest elections. During the 1950s, B. R. Ambedkar disparaged the use of caste as a political board. He expected the limitations of using caste as a political resource and instead emphasized eliminating the concept of caste from Indian society.

The Mandal Commission was formed in 1979 by the Janata Party government under Prime Minister Morarji Desai with a directive to "identify the socially or educationally backward". The Commission was set up to consider the question of seat reservations and quotas for people to redress caste discrimination, and used eleven social, economic, and educational indicators to determine "backwardness." In 1980, the commission's report confirmed the affirmative action practice under Indian law whereby members of lower castes (known as Other Backward Classes and Scheduled Castes and Tribes) were given exclusive access to a certain portion of government jobs and slots in public universities, and recommended changes to these quotas, increasing them by 27% to 49.5%. L R Naik, the only Dalit member in the Mandal Commission rejected to sign the Mandal recommendations, as he afraid that well-to-do OBCs would corner all the benefits of reservation.

In 1990s, several parties like Bahujan Samaj Party (BSP), the Samajwadi Party and the Janata Dal started appealing that they represent the backward castes. Many such parties, relying primarily on Backward Classes' support, often in association with Dalits and Muslims, emerged as powerful in Indian states. At the same time, many Dalit leaders and intellectuals started realizing that the main Dalit oppressors were so-called Other Backward Classes, and formed their own parties, such as the Indian Justice Party. The Congress (I) in Maharashtra long relied on OBCs' backing for its political success. Bharatiya Janata Party has also showcased its Dalit and OBC leaders to prove that it is not an upper-caste party. Bangaru Laxman, the former BJP president (2001-2002) was a former Dalit. Uma Bharati, former CM of Madhya Pradesh, who belongs to OBC caste, is a BJP leader. In 2006, Arjun Singh cabinet minister for MHRD of the United Progressive Alliance (UPA) government was alleged to play caste politics when he introduced reservations for OBCs in educational institutions all around. In Tamil Nadu, Dravida Munnetra Kazhagam (DMK) party rose to power under the rumour of "Brahmin oppression". Many upper-caste Brahmins have criticized of reverse discrimination, alleging that Tamil Brahmins (Iyers, Iyengars) have left the state, due to a "hostile atmosphere" predominant against upper castes in the region.

In political term, caste has a basic role in the decision making process that even the reorganization of states in India had to struggle with it so that no caste group dominates a particular territory. Although untouchability has been forbidden under the Constitution. Harijans and Adivasis have also been given legal safeguard as a positive measure. Government made an attempt to create economic and social impartiality but these reservations have affected Indian politics in an unpleasant manner. Groups declared backward are now not prepared to relinquish the concessions that accumulate to them by the label of backwardness. Caste has thus become a major hurdle in the establishment of a casteless society and has paved communal connections. Even the politicians are caught in the network. On the one hand, they would like the differences and preferences based on caste to be abolished and on the other, are well aware that these are helpful in securing the vote.

The development role of caste association also play vital role to persuade voting pattern. Even political parties are considering caste as a vote bank. This empowered the lower castes to be politically influential on the basis of numerical preponderance. In selecting candidates for elections, political parties often giving consideration to the caste composition of constituencies. Sometimes, several castes are using politics in their attempt to better their conditions or to accomplish their goal. Reservation policy is another feature in which caste system also influence Indian politics.

It is well recognized that role of caste in elections has two dimensions. One is of the parties and candidates and the second is of the voters. The previous notion seeks support of the voters projecting themselves as champions of particular social and economic interests, the latter while exercising their vote in favour of one party or candidate whether people vote on caste consideration. Different parties accommodate certain castes in distributing party tickets. While nominating candidates parties take into consideration caste of the aspirant candidate and numerical strength of different castes in a constituency. Caste leaders also mobilized their followers on caste lines so that they could show their strength. In the fifties wherever caste associations were able to maintain their unity and did not formally align with ally one party they appealed to their members to vote for their caste fellows irrespective of their party affiliation. For a very insignificant number of respondents, candidate's caste was the main consideration. Some of the respondents might have voted for persons who happened to belong to their caste. But it was not caste voting. They voted for the candidate not because person was of their caste irrespective of his party and ability. They, voted because person was the candidate of the party to which the respondent felt closer for variety of reasons including the feeling that the party would "protect his/her" interests or the party had done good work for the people like him/her. Their main consideration is their perception of their interests. In a given alternative parties candidates, they consider as to who would serve their interests better than others. If the candidate is own caste, which they identify as theirs, they vote for him/her.

In all, caste has become an important determinant in Indian society and politics, the new lesson of organised politics and consciousness of caste affiliations learnt by the previously despised caste groups have transformed the contours of Indian politics where shifting caste-class alliances are being encountered. Total effect of these mobilisations along caste-identities have resulted not only in the empowerment of recently emerging groups but has increased the intensity of confrontational politics and possibly leading to a growing crisis of governability.

Religion: Another type of identity politics is that produced through the development of a community on the shared link of religion. Religion is a collection of belief systems or cultural systems that relate humanity to spirituality and moral values. Many religions may have organized behaviours, clergy, adherence or membership, holy places, and scriptures. The practice of a religion may also include:

1.    - Rituals

2.    - Sermons

3.    - Sacrifices

4.    - Festivals

5.    - Funerary services

6.    - Matrimonial service

7.    - Meditation

8.    - Prayer

9.    - Music

10. - Art

11. - Dance

12. - Public service

13. - Other aspects of human culture.

Religions may also contain mythology. It can be used to enhance oneself financially or spiritually. It can also be used to manipulate and control others for good or evil ends. It has been used as an effective political and commercial tool as evidenced by the many historic records of religious wars. Religion has great influence on political pattern in Indian society. Politicians use religion as their loopholes. They hide their black money in the names of religion and trusts. Politician use religion to gain success in politics.

Researchers have argued since many years to elaborate the notion of religion. Some highlight the idea that religion is concerned primarily with conceptions of God, divinity and the meaning and order of human existence. Others have asserted the way religion serves to draw distinctions between sacred (that is, transcendent or other-worldly) forms of space and belief and more mundane, or profane, domains of 'worldly' human endeavour. Anthropologist Clifford Geertz (1973), focused on the symbolic power of religion and its ability to influence how people understand their place in the world and also to communicate meaning to the actions they undertake. Some researchers have indicated that the idea of religion as a distinct category or sphere of human activity reflects a specifically Western worldview and historical tradition. Talal Asad (1993) stated that in other cultural traditions, it is not so easy to make a firm separation between religion and other spheres of life such as politics, culture, society and economics.

There are many explanation for the concept of religion. According to anthropologist Clifford Geertz, religion is " a system of symbols which acts to, establish powerful, pervasive, and long-lasting moods and motivations in men by formulating conceptions of a general order of existence and clothing these conceptions with such an aura of factuality that the moods and motivations seem uniquely realistic" (Geertz 1973).

Theologian George Lindbeck asserted that religion is "a kind of cultural and/or linguistic framework or medium that makes possible the description of realities, the formulation of beliefs, and the experiencing of inner attitudes, feelings, and sentiments" (Lindbeck 1984).

Marxist authors such as Louis Althusser highlighted in writing that religion functions as a form of 'false consciousness' which socializes us into accepting as normal certain historically and materially contingent relations of social power (Althusser 2001).

In India, Hinduism, Islam, Sikhism, Christianity, and Zoroastrianism are major religions practised by the people. Numerically, the Hindus have the majority, which stimulates many Hindu loyalist groups like the RSS (Rashtriya Swayam Sevak Sangh) or the Siva Sena and political parties like the BJP (Bharatiya Janata Party) or the Hindu Mahasabha to claim that India is a Hindu State. These assertions create homogenising myths about India and its history. These claims are contradicted by other religious groups who predict the likelihood of losing sovereignty of practise of their religious and cultural life under such homogenising claims. This initiates contestations that have often resulted in communal uprisings.

Religion in Indian politics can be linked to the country since pre-independence periods. It is supposed that the British, who ruled India for more than 100 years around the 19th century, pitched one community against the other to decline the freedom struggle. They especially thrived in pervading a feeling of anxiety among sections of the Muslim community concerning their wellbeing in a country that had a majority Hindu population and emerging Hindu nationalist voices. As a result, the Muslims demanded reserved seats in the legislature and a separate electorate. The British acceded to their demands through legislation, known as the Act of 1909.

In 1915, Hindu nationalists established the Akhil Bharatiya Hindu Mahasabha (All India Hindu Assembly) to counter the Indian Muslim League (a political party) and the secular Indian National Congress, a forum founded in 1885 that afterward became a political party. In 1923, Vinayak Damodar Savarkar (popularly known as Veer Savarkar), the Hindu Mahasabha founder, coined the word 'Hindutva' (Hindu-ness) to define who is a Hindu. In 1925, KB Hegdewar, the Hindu Mahasabha vice president, founded the RSS.

The tensions between groups of the Hindu and Muslim societies resulted in the Indian Muslim League demanding a separate nation for Muslims. When the British were to formally depart the country in 1947, the British India was divided into the 'Hindu-majority' India and the 'Muslim-majority' Pakistan. The Partition had dangerous consequences on both the nations. It resulted in a mass migration of 14.5 million people from India to Pakistan and vice versa, and the killing of around 1 million people related to religion of Hindu, Sikh and Muslim in the violent clashes that followed.

In 1951, the RSS began a political party, the Bharatiya Jana Sangh or BJS, under its leadership and control. In 1980, the BJS was succeeded by the BJP.

The BJP, which struggled to become a national party and an alternative to India's one and only major party at the time, the Congress, espoused a resolution in June 1989 to build a temple of Rama in Ayodhya (Uttar Pradesh state), which the party claimed as the Ram Janmabhoomi (the birthplace of God Rama). The BJP and Hindu nationalists asserted that Muslim ruler Babur had demolished a temple of Rama to build the Babri Mosque in Ayodhya in the 16th century. In September 1990, BJP leader Lal Krishna Advani undertook a Rath Yatra (procession on a chariot) to promise the construction of a temple of Rama.

The Ayodhya issue intensified the political dividends. In July 1992, Advani, the leader of the opposition in the Lok Sabha (House of the People), reportedly told the House, "You must recognise the fact that from two seats in parliament in 1985, we have come to 117 seats in 1991. This has happened primarily because we took up this issue (Ayodhya)."

In December 1992, supposed activists of the Vishwa Hindu Parishad (VHP), a sister organisation of the RSS and the BJP, demolished the Babri Mosque. This not only encouraged communal violence in several parts of the country, in which many people died, but also separated people along religious lines. Consequently, the BJP emerged as a major party.

Progressively, the BJP emerged as a dominant party at the national level for the first time in May 1996, but the government lasted for only 15 days. It again gained power in March 1998 as the leader of the NDA and ruled the country till March 2004.

In 1998, the BJP began targeting Christians after Sonia Gandhi, an Italy-born Catholic and wife of late former prime minister of India, Rajiv Gandhi, became the president of the Congress. Presently, BJP is ruling party in India.

The generally acknowledged myths that process the identity divide on religious grounds centre on the 'appeasement theory', 'forcible religious conversions', general 'anti-Hindu' and thus 'anti-India' approach of the minority religious groups, the 'hegemonic aspirations' of majority groups and 'denial of a socio-cultural space' to minority groups. Traditionally, the Hindu revivalist movement of the 19th century is considered to be the period that saw the separation of two separate cultures on religious basis, the Hindus and the Muslims that developed further because of the partition. This division which has become institutionalised in the form of a communal philosophy has become a major challenge for India's secular social fabric and democratic polity. Though communalism for a major part of the last century signified Hindu-Muslim conflict, recently, contestations between Hindus and Christians have often crystallised into communal battle.

The rise of Hindu national decisiveness, politics of representational government, persistence of communal perceptions, and competition for the socio-economic resources are considered some of the reasons for the generation of communal beliefs and their change into major riots. Identity schemes based on religion have become a major source of skirmish not only in the international background but since the early 1990s it has also become a challenge for Indian democracy and secularism. The growth of majoritarian assertiveness is considered to have become institutionalised after the BJP that along with its 'Hindu' constituents gave political cohesiveness to a consolidating Hindu consciousness, formed a coalition ministry in March 1998. However, like all identity schemes the falsifying of a religious community polishes over internal differences within a particular religion to generate the "we are all of the same kind" emotion. Thus differences of caste groups within a homogenous Hindu identity, linguistic and sectional differences within Islam are shelved to create a homogenous unified religious identity.

In post-independence era, India the majoritarian assertion has generated its own antithesis in the form of minority religions assertiveness and a resulting confrontational politics that weakens the syncretistic dimensions of the civil society in India. The process through which this religious assertiveness is being increasingly institutionalised by a 'methodical rewriting of history' has the potential to reformulate India's national identity along communal trajectories.

It can be evaluated that In the Indian culture, religion has significant role. Political leaders realized that to retain unity in India, there is a need to remain secular. Therefore, Gandhiji had been preaching brotherhood among the different religious groups. Nehru was a strong supporter of secularism. Their efforts could not separate religion from politics rather in politics the vested interests started exploiting caste and religion to achieve political advantage. After independence, religious places are used for political publicity and the religious sentiments of the people are excited in order to gain political control of the State. This emergence of religion-political party has endangered the secularism in India. It is dreaded that if it succeeds, there is a possibility that many other political parties with caste and religion as the basis may come up.

CHAPTER-2-Politics of Reservation, Criminalization of Politics and Internal threats to Security.

Introduction:-

• The criminalisation of politics is one of the primary concerns in India as many politicians facing charges of murder, corruption, abduction, and rape continue to be legislators.
• Around 1/3^rd the members of the current parliament have criminal cases filed against them.
• Data suggests that voters don’t mind electing candidates facing criminal cases.

Reasons for  Indian politics become criminalized?

Muscle power:

• Muscle power has been ingrained into Indian politics for a very long time.
• Many politicians are thriving today based on muscle power provided by criminals.
• Such politicians chose muscle power in order to gain a vote bank in the country.

Money Power:

• It is a well-accepted fact that huge election costs are the major cause of corruption in India.
• A candidate spends lakhs of rupees to get elected and even if he gets elected, the total salary he gets during his term as a legislator will be meager compared to his election expenses.
• However, criminal activities help in generating a huge amount of money to fund the elections.

Loopholes in the functioning of elections:

The voters are generally not aware of the history of the candidate, qualifications, and cases pending against him.

Weak Judicial System & Denial of Justice:

A huge pile of cases is pending in District courts, High Courts, and Supreme Court against these criminal cum politicians.

Why criminal politics is a grave concern?

• It reveals the low ethical and moral values of our legislators which leads to the enactment of arbitrary and discriminatory laws.
• Misusing executives for personal gains and undermining the law of the land.
• The quality of candidates contesting elections is important for better governance.
• Loss of public faith in the government as well as judiciary since courts failed to contain it.
• It affects the efficiency of legislatures leading to poor governance.

What are the measures taken?

The Supreme Court and Election Commission of India (ECI) have taken some commendable measures to reform the electoral process as follows.

ECI’s reforms

• ECI has achieved substantial success in controlling the role of muscle power via measures like the effective implementation of the model code of conduct and also established the Expense Monitoring Cell.
• Mandatory declaration of assets and existing criminal charges in self-sworn affidavits to the ECI prior to elections has brought in some transparency.

The Supreme Court’s verdicts

• SC in a 2002 verdict declared that every candidate contesting an election to Parliament, State Legislatures or Municipal Corporation has to declare the following along with the application for candidature.
• Criminal records
• Financial records
• Educational qualifications

If the candidate fails to file any of the above three declarations, the Returning Officer will have the right to reject his nomination papers. SC ruled that all three declarations will have to be truthful.

• SC in (Lily Thomas Vs Union of India 2013) declared that upon conviction, charge-sheeted MPs and MLAs would be disqualified with immediate effect from holding membership of the house, without being given 3 months to appeal.
• SC in 2014 accepted the Law Commission recommendations and passed an order directing that trials against sitting MPs and MLAs should be concluded within a year of charges being framed and conducted on a day-to-day basis.
• Some other attempts by the judiciary: prohibiting those in jail from contesting elections, directing the EC to bring the issue of election-related freebies under the ambit of the Code of Conduct, the Allahabad High Court banning caste, and religion-based political rallies.
• Recent SC verdict: The judgement was given over the much-awaited pronouncement on the petitions asking it to prohibit politicians facing the heinous criminal charges against rape, murder, and kidnapping from contesting elections.

Centre’s measures

In 2017, the Union government started a scheme to establish 12 special courts for a year to fast-track the trial of criminal cases against 1,581 MPs and MLAs.

How effective were those measures?

• Debarring of politicians has no effect since rates of conviction are too low and trials themselves are subject to long delays as showcased by a recent Law Commission report.
• Many politicians are filing false affidavits about their annual income, wealth details.
• About 90% of cases transferred to the special courts set up under the Centre’s scheme are pending as of now.

What are the key features of the recent SC verdict on Criminal Politics?

Political Parties

• SC’s Observation – The rapid criminalization of politics cannot be solved through the mere disqualification of criminal legislators. Cleaning politics from criminal elements starts only by means of purifying political parties themselves. Since political parties are the major institution of Indian democracy, they play an important role in the interface between private citizens and the government. They act as a medium through which interests and problems of the people are showcased in Parliament.
• SC’s verdict – The Supreme Court ordered the political parties to publish the pending criminal cases of their candidates online.

Parliament

• It asked the Parliament to create a strong law in order to cleanse political parties of leaders facing trials for serious crimes.
• Such a law should make it mandatory for political parties to remove leaders accused of “heinous and grievous” crimes.
• Parties must reject tickets to criminal elements in both parliamentary and Assembly polls.
• The Bench also made it clear that the court cannot make law for Parliament by providing disqualification to prohibit such candidates from contesting elections.

Candidates

• SC declared that the candidates should disclose their criminal cases against them to the Election Commission in BLOCK LETTERS as well as to their respective political parties.
• The parties, in turn, should publish the full details of their candidate on their websites for public view.

What are the concerns with the judgement?

• The SC has passed the burden to the ECI, although the ECI has been asking for the apex court’s aid for the past two decades.
• Parliament is required to make a law on the matter as per Article 101 (1) of the constitution, however, Parliament regardless of who is in power has always been reluctant to legislate on the issue.
• The bench pronounced that it is not in a position to enable disqualification of candidates who face criminal charges thus withdrawing from its responsibility to solve the issue.
• Voters do not generally read the websites of political parties.
• The recommendation regarding the publicity campaigns about the criminal background of candidates by political parties sounds unreasonable.
• The definition of heinous crimes may change as per times and societal conditions.

What more could be done?

• A law to prohibit candidates who are charged with heinous crimes will need a broad consensus across the party lines.
• More fast-track courts to try the cases dealing with serious charges against the candidates.
• State funding of elections:
• To reduce money power,
• To create a level playing field,
• To enable public-spirited people to contest elections thereby ensuring equality of opportunities,
• To break the political-corporate nexus thereby ending rent-seeking and crony capitalism.
• To change the election’s focus towards people’s problems rather than on raising funds through illegitimate means, i.e., focus on development politics.
• Stricter implementation of anti-corruption laws.
• Transparency and audit mechanisms.
• Representation of Peoples Act (RPA) needs to be amended and there should be stricter actions against serious offenders.
• Election Commission should be given more power to deal with corruption cases.
• Inner party democracy needs to be improved.

Way ahead

Supreme Court has done its part in decriminalizing Indian politics. But SC or Election Commission cannot decriminalize politics single-handed since they require support from Legislation too. Hence it is in the hands of the Parliament to frame a law that decriminalizes Indian politics effectively.

In the words of Dr. Rajendra Prasad, “A constitution like a machine is a lifeless thing. It acquires life because of the men who control it and operate it”. Therefore good and quality politicians are needed for India to become a vibrant democracy through good governance.

 

 

Reservation in India

Introduction

§  The age-old caste system of India is responsible for the origination of the reservation system in the country.

§  In simple terms, it is about facilitating access to seats in the government jobs, educational institutions, and even legislatures to certain sections of the population.

§  These sections have faced historical injustice due to their caste identity.

§  As a quota based affirmative action, the reservation can also be seen as positive discrimination.

§  In India, it is governed by government policies backed by the Indian Constitution.

Historical Background

§  William Hunter and Jyotirao Phule in 1882 originally conceived the idea of caste-based reservation system.

§  The reservation system that exists today, in its true sense, was introduced in 1933 when British Prime-Minister Ramsay Macdonald presented the ‘Communal Award’.

§  The award made provision for separate electorates for Muslims, Sikhs, Indian Christians, Anglo-Indians, Europeans and the Dalits.

§  After long negotiations, Gandhi and Ambedkar signed the ‘Poona Pact’, where it was decided that there would be a single Hindu electorate with certain reservations in it.

§  After independence, initially reservations were provided only for SCs and STs.

§  OBCs were included in the ambit of reservation in 1991 on the recommendations of the Mandal Commission.

Mandal Commission

In exercise of the powers conferred by Article 340 of the Constitution, the President appointed a backward class commission in December 1978 under the chairmanship of B. P. Mandal.

The commission was formed to determine the criteria for defining India’s “socially and educationally backward classes” and to recommend steps to be taken for the advancement of those classes.

The Mandal Commission concluded that India’s population consisted of approximately 52 percent OBCs, therefore 27% government jobs should be reserved for them.

The commission has developed eleven indicators of social, educational, and economic backwardness.

Apart from identifying backward classes among Hindus, the Commission has also identified backward classes among non-Hindus (e.g., Muslims, Sikhs, Christians, and Buddhists.

It has generated an all-India other backward classes (OBC) list of 3,743 castes and a more underprivileged “depressed backward classes” list of 2,108 castes.

In the Indra Sawhney Case of 1992, the Supreme Court while upholding the 27 percent quota for backward classes,struck down the government notification reserving 10% government jobs for economically backward classes among the higher castes.

Supreme Court in the same case also upheld the principle that the combined reservation beneficiaries should not exceed 50 percent of India’s population.

The concept of ‘creamy layer’ also gained currency through this judgment and provision that reservation for backward classes should be confined to initial appointments only and not extend to promotions.

Recently, the Constitutional (103^rd Amendment) Act of 2019 has provided 10% reservation in government jobs and educational institutions for the “economically backward” in the unreserved category.

The Act amends Articles 15 and 16 of the Constitution by adding clauses empowering the government to provide reservation on the basis of economic backwardness.

This 10% economic reservation is over and above the 50% reservation cap.

Constitutional Provisions Governing Reservation in India

§  Part XVI deals with reservation of SC and ST in Central and State legislatures.

§  Article 15(4) and 16(4) of the Constitution enabled the State and Central Governments to reserve seats in government services for the members of the SC and ST.

§  The Constitution was amended by the Constitution (77^th Amendment) Act, 1995 and a new clause (4A) was inserted in Article 16 to enable the government to provide reservation in promotion.

§  Later, clause (4A) was modified by the Constitution (85^th Amendment) Act, 2001 to provide consequential seniority to SC and ST candidates promoted by giving reservation.

§  Constitutional 81^st Amendment Act, 2000 inserted Article 16 (4 B) which enables the state to fill the unfilled vacancies of a year which are reserved for SCs/STs in the succeeding year, thereby nullifying the ceiling of fifty percent reservation on total number of vacancies of that year.

§  Article 330 and 332 provides for specific representation through reservation of seats for SCs and STs in the Parliament and in the State Legislative Assemblies respectively.

§  Article 243D provides reservation of seats for SCs and STs in every Panchayat.

§  Article 233T provides reservation of seats for SCs and STs in every Municipality.

§  Article 335 of the constitution says that the claims of STs and STs shall be taken into consideration constituently with the maintenance of efficacy of the administration.

Judicial Scrutiny of Reservation

The State of Madras v. Smt.Champakam Dorairajan (1951) case was the first major verdict of the Supreme Court on the issue of Reservation.The case led to the First amendment in the constitution.

The Supreme Court in the case pointed out that while in the case of employment under the State, Article 16(4) provides for reservations in favour of backward class of citizens, no such provision was made in Article 15.

Pursuant to the Supreme Court’s order in the case the Parliament amended Article 15 by inserting Clause (4).

In Indra Sawhney v. Union of India (1992) case the court examined the scope and extent of Article 16(4).

The Court has said that the creamy layer of OBCs should be excluded from the list of beneficiaries of reservation, there should not be reservation in promotions; and total reserved quota should not exceed 50%.

The Parliament responded by enacting 77^th Constitutional Amendment Act which introduced Article 16(4A).

The article confers power on the state to reserve seats in favour of SC and ST in promotions in Public Services if the communities are not adequately represented in public employment.

The Supreme Court in M. Nagaraj v. Union Of India 2006 case while upholding the constitutional validity of Art 16(4A) held that any such reservation policy in order to be constitutionally valid shall satisfy the following three constitutional requirements:

The SC and ST community should be socially and educationally backward.

The SC and ST communities are not adequately represented in Public employment.

Such reservation policy shall not affect the overall efficiency in the administration.

In Jarnail Singh vs Lachhmi Narain Gupta case of 2018, Supreme Court holds that reservation in promotions does not require the state to collect quantifiable data on the backwardness of the Scheduled Castes and the Scheduled Tribes.

The Court held that creamy layer exclusion extends to SC/STs and, hence the State cannot grant reservations in promotion to SC/ST individuals who belong to the creamy layer of their community.

In May 2019 the Supreme Court upheld the Karnataka law that allows reservations in promotions for SCs and STs with consequential seniority.

Need for reservation needed?

§  To correct the historical injustice faced by backward castes in the country.

§  To provide a level playing field for backward section as they can not compete with those who have had the access of resources and means for centuries.

§  To ensure adequate representation of backward classes in the services under the State.

§  For advancement of backward classes.

§  To ensure equality as basis of meritocracy i.e all people must be brought to the same level before judging them on the basis of merit.

Argument Against Reservation

§  Reservation in state services led to divisions and enmity among government employees, vitiating the atmosphere at workplace.

§  Eradication, not perpetuation of caste was the objective of the reservation policy but Caste Based Reservation only perpetuate the notion of caste in society.

§  Reservation was introduced to ensure that the historically underprivileged communities were given equal access to resources but irrespective of the economic progress they continue to remain socially disadvantaged.

§  Reservation destroys self-respect, so much so that competition is no longer on to determine the best but the most backward.

§  Reservations are the biggest enemy of meritocracy which is the foundation of many progressive countries.

§  It has became a tool to meet narrow political ends through invoking class loyalties and primordial identities.

§  The dominant and elite class within the backward castes has appropriated the benefits of reservation and the most marginalised within the backward castes have remained marginalised.

§  Reservation has become the mechanism of exclusion rather than inclusion as many upper caste poors are also facing discrimination and injustice which breeds frustration in the society.

Reasons Behind Increasing Demands of Reservation

§  Reservation is increasingly seen as a remedy for the adverse effects of ill-thought out development policies.

§  In developed states like Haryana, Gujarat and Maharashtra, in spite of their economies being relatively better, three things have been worrying the people:

    Acute agrarian distress,

    Stagnation in employment growth and

    Distortions in the development trajectory.

§  In this backdrop, for governments, it is easier to talk of reservation than to make a course correction.

§  Increasing reservation demands among upper castes also arising from the fear of losing privilege and the inability to cope with change

§  Upper castes have begun to feel disadvantaged especially in context of government jobs as they don’t get similar advantages like backward classes.

Suggestion

§  The reservation benefits should flow to the vast majority of underprivileged children from deprived castes; not to a few privileged children with a caste tag.

§  High ranks officials families, high income professionals and others above a certain income should not get the reservation benefits especially in government jobs.

§  Fair and practical ways to help needy person from each community through reservation is possible and necessary.

§  The process of reservation should filter the truly economically deprived individuals and bring them all to justice

§  Revolutionary changes in the education system at the grass-roots level is need of the hour.

§  There is also need for awareness generation because while the unreserved segments, keep on opposing the provision, the neediest sections from within the reserved segments are hardly aware about how to get benefited from the provision or even whether there are such provisions exists.

§  The radical solutions like excluding the entire creamy layer among all castes from reservation and developing their capabilities instead of offering them reservation for admission to higher education or jobs on a platter.

Way Forward

§  Reservation is fair, as far as it provides appropriate positive discrimination for the benefit of the downtrodden and economically backward Sections of the society.

§  But when it tends to harm the society and ensures privileges to some at the cost of others for narrow political ends, it should be done away with, as soon as possible.

§  The communities excluded from reservations harbour animosity and prejudice against the castes included in the reservation category.

§  When more people aspire for backwardness rather than of forwardness, the country itself stagnates.

§  Meritocracy should not be polluted by injecting relaxation of entry barriers, rather than it should be encouraged by offering financial aid to the underprivileged.

§  A strong political will is indispensable to find an equilibrium between justice to the backwards, equity for the forwards and efficiency for the entire system.

 

UNIT-V : REGULATORY AND GOVERNANCE INSTITUTIONS

Chapter- 1. NITI Ayog, Finance Commission, Comptroller and Auditor General of India.

NITI Aayog (issue and challenges)

• NITI AYOG is a premiere policy think tank of the Government of India. It was established with the aim to achieve sustainable development goals by active involvement of state government in the planning process
• This premiere policy think tank was established in 2015 via an executive resolution by replacing the Planning Commission of India

Features of NITI AYOG

• Increased access to and sharing of information
• Diminished role for centralized planning
• Governance, across the public and private domains
• To formulate credible plans at the village level and aggregate these progressively at higher levels of government.
• Continuing partnership with the states
• To provide advice and encourage partnerships between key stakeholders and national and international like-minded Think Tanks
• Platforms for resolution of issues
• Governance involves everyone
• Mechanisms to evolve credible plans at the village level, evolve a shared vision

Objectives of NITI AYOG

1.   To evolve a shared vision for the development of national priorities, strategies, and sectors with the active involvement of the States.

2.   To develop mechanisms at the village level to formulate credible plans and to aggregate these mechanisms progressively at the higher levels of government.

3.   To foster cooperative federalism with the help of structured support mechanisms and initiatives on a continuous basis with the States, recognizing that strong States help in building a strong nation.

4.   To pay special attention to those sections of our society which may be at risk of not being adequately benefitted from the economic progress

5.   To ensure that the interests of national security are incorporated into economic policy and strategy.

6.   To design strategic, long term policy and program initiatives and frameworks, and monitor their efficacy and progress. The lessons learned through feedback and monitoring will be utilized in making innovative improvements that will include essential mid-course corrections.

7.   To provide advice and encourage partnership between key stakeholders and the national and international like-minded think tanks including the educational and research institutions.

8.   To offer a platform for resolving inter-sectoral and inter­-departmental issues to stimulate development performance.

9.   To develop innovation, knowledge, and entrepreneurial support system through a national and international expert’s collaborative community, practitioners, and other partners.

10.               To maintain a state-of-the-art Resource Centre, and to be a repository of research on good governance and best practices in equitable and sustainable development along with helping the stake-holders with their dissemination.

11.               To actively evaluate and monitor the implementation of initiatives and programs that comprises identification of the resources needed to strengthen the success probability and scope of delivery.

12.               To focus on capacity building and technology up-gradation for implementing programs and initiatives.

13.               To undertake such other activities as may be necessary to execute further the agenda of the national development, and the objectives mentioned above.

 

 

 

NITI AYOG has changed the fundamental nature of planning in India.

• Change in policy making: While designing strategic and long term policies and programs for the Government of India, NITI Aayog also provides relevant technical advice to the Centre and States. Example: Medical Education Reform
• Bottom- up approach: This enables to achieve sustainable development goals with cooperative federalism by fostering the involvement of State Governments of India in the economic policy-making process using a bottom-up approach. Example:
• New innovations: At the core of NITI Aayog’s creation are two hubs – Team India Hub and the Knowledge and Innovation Hub. The Team India Hub leads the engagement of states with the Central government, while the Knowledge and Innovation Hub builds NITI’s think-tank capabilities. Example: Atal Innovation Mission (AIM)
• Strategic programs:  To design strategic and long term policy and programme frameworks and initiatives, and monitor their progress and their efficacy. The lessons learnt through monitoring and feedback will be used for making innovative improvements, including necessary mid-course corrections. Example: Education and Water Management
• Coordination among different departments: It offers a platform for resolution of inter-sector and inter-departmental issues in order to accelerate the implementation of the development agenda. Example: Atal Mission for Rejuvenation and Urban Transformation
• Use of advanced technology: NITI Aayog has taken initiative on Blockchain usages in E-governance and has conceptualized the tech stack as ‘IndiaChain’. IndiaChain is the name given to Niti Aayog’s ambitious project to develop a nation-wide blockchain network.
• Digitization: It focuses on technology upgradation and capacity building for implementation of programmes and initiatives. Example: Digital India
• Indices Measuring States’ Performance in Health, Education and Water Management: ‘Name and shame’ has helped improve states’ business rankings
• Interference of Technocrats: introduction of individuals with technical training and occupations who perceive many important societal problems as being solvable with the applied use of technology and related applications. Example: Swachh Bharat Abhiyan, National Mission for Clean Ganga

 

Three plans spread over three different time periods

1.   First is a 15 year “Vision” that encompasses overall goals and objectives of the country for next 15 years.

2.   Second is a 7 year “Strategy” which lays the roadmap of development for next seven years dividing those goals and objectives into two parts.

3.   Third and Final is a “Three Year Action Agenda” which states the tasks and targets to be accomplished in next three years time frame, further dividing the strategy into two parts.

 

Success of NITI AYOG so far

• It has increased the involvement of the states in the planning process. Ex: Hosted three sub-group of chief ministers on revamping centrally sponsored schemes, Swachh Bharat and Skill Development

• NITI AYOG has been at the forefront in conceptualizing initiatives to contribute to the growth of the country. Ex: Roadmap for digital payment, Aspirational district programme, monitoring implementation of sustainable development goals (SDG) etc
• It is fostering a sense of cooperative as well as competitive federalism amongst the states. Ex: Releasing ranking on various development parameters
• The Atal Innovation Mission, which is established under NITI Aayog, has done admirable work in improving the innovation ecosystem in India.

 

 

 

Issues associated with NITI AYOG

• NITI Aayog has no role in influencing private or public investment.
• Inequality has continued to grow in the Indian society and the effect of NITI AYOG in combating this has been subpar
• Politicization of the organization in recent times
• Solutions to solve structure issues in the country are still not forthcoming
• NITI AYOG has been transformed into a glorified recommendatory body which lacks the requisite power to bring positive change in the government’s actions
• Inadequate resources to the new planning body

 

Way forward

• Equipping the planning body with requisite powers so that it can effect change
• Allocation of adequate resources
• NITI AYOG could be made legally accountable to the legislature for its inability to meet the targets. This would bring in more accountability
• Ensure the planning body remains a non-partisan institution

The setting up of NITI AYOG has brought positive results. However, there is a need to ensure sufficient changes are brought in the planning body to ensure it can meet its objectives

 

History Of The Finance Commision

The Finance Commission was established in 1951 by Dr B.R. Ambedkar, the then incumbent law minister, to address these imbalances. Several provisions to bridge the fiscal gap between the Centre and the States were already enshrined in the Constitution of India, including Article 268, which facilitates levy of duties by the Centre but equips the States to collect and retain the same. Similarly, Articles 269, 270, 275, 282 and 293, among others, specify ways and means of sharing resources between the Union and States.

Recommendations of The Finance Commission

The recommendations of the finance commission will cover the following:

·        distribution between the state government and Municipalities of the net proceeds of the taxes, duties, tolls and fee leviable by the state.

·        allocation of share of such proceeds between the Municipalities at all levels in a state.

·        determination of taxes, duties, tolls, and fees to be assigned or appropriated by the Municipalities.

·        grant-in-aid to Municipalities from the consolidated fund of the state.

·        measures needed to improve the financial position of the Municipalities.

The scope of The Commission

Article 280 of the Indian Constitution defines the scope of the commission:

1.     The President will constitute a finance commission within two years from the commencement of the Constitution and thereafter at the end of every fifth year or earlier, as the deemed necessary by him/her, which shall include a chairman and four other members.

2.     Parliament may by law determine the requisite qualifications for appointment as members of the commission and the procedure of selection.

3.     The commission is constituted to make recommendations to the president about the distribution of the net proceeds of taxes between the Union and States and also the allocation of the same amongst the States themselves. It is also under the ambit of the finance commission to define the financial relations between the Union and the States. They also deal with the devolution of unplanned revenue resources.

Functions Of The Finance Commision

The following are the main functions of the Finance Commission of India:

1.     The finance commission is responsible for the distribution of net proceeds of taxes between Center and the States. This distribution is made on the basis of the respective contributions of the States to the taxes. The greater the tax paid by a State, the greater is the share from the net proceeds of taxes.

2.     It determines the factors governing grants that are made to the states in the form of aids to the states and it also fixes the amount that is given in the form of aid by the center to the state governments.

3.     The Commission is responsible to make recommendations to the president as to the measures that are needed to augment the Fund of a State to supplement the resources of the Panchayats and Municipalities.

Grounds On Which A Member Of The Commission Can Be Disqualified

A member may be disqualified if:

·        He is mentally unsound; and as follows.

·        He is an undischarged insolvent;

·        He has been convicted of an immoral offence

·        His financial and other interests are such that it hinders the smooth functioning of the commission.

List Of The Finance Commissions Of India

                                                                                                                                              Source: Youtube.com

	Year Of Establishment	Chairman	Operational Duration
First	1951	K. C. Neogy	1952–57
Second	1956	K. Santhanam	1957–62
Third	1960	A. K. Chanda	1962–66
Fourth	1964	P. V. Rajamannar	1966–69
Fifth	1968	Mahaveer Tyagi	1969–74
Sixth	1972	K. Brahmananda Reddy	1974–79
Seventh	1977	J. M. Shelat	1979–84
Eighth	1983	Y. B. Chavan	1984–89
Ninth	1987	N. K. P. Salve	1989–95
Tenth	1992	K. C. Pant	1995–2000
Eleventh	1998	A. M. Khusro	2000–2005
Twelfth	2002	C. Rangarajan	2005–2010
Thirteenth	2007	Dr Vijay L. Kelkar	2010–2015
Fourteenth	2013	Dr Y. V Reddy	2015–2020
Fifteenth	2017	N. K. Singh	2020–2025

Recommendations Of The Fourteenth Finance Commission

The current Finance Commission has made the following recommendations:

1.     As per the reports of the previous finance commission, the share of the states in the net proceeds of the shareable Central Taxes was 32%. The fourteenth commission raised it to 42%.

2.     The fiscal deficit to be progressively reduced to 3% and ultimately eliminated.

3.     The Centre, as well as the State Governments, should conclude “Grand bargain’ to implement the model GST Act.

 

 

 

 

 

 

 

Comptroller and Auditor General of India

Introduction.

• The Constitution of India (Article 148) provides for an independent office of the Comptroller and Auditor General of India (CAG).
• He is the head of the Indian Audit and Accounts Department and is one of the bulwarks of the democratic system of government in India
• He is the guardian of the public purse and controls the entire financial system of the country at both the levels–the Centre and the state.
• His duty is to uphold the Constitution of India and laws of Parliament in the field of financial administration.

 

Constitutional Provisions for Office of CAG

• Article 148broadly deals with the CAG appointment, oath and conditions of service.
• Article 149deals with Duties and Powers of the Comptroller and Auditor-General of India.
• Article 150says that the accounts of the Union and of the States shall be kept in such form as the President may, on the advice of the CAG, prescribe.
• Article 151says that the reports of the Comptroller and Auditor-General of India relating to the accounts of the Union shall be submitted to the president, who shall cause them to be laid before each House of Parliament.
• Article 279–Calculation of “net proceeds” is ascertained and certified by the Comptroller and Auditor-General of India, whose certificate is final

 

Appointment, Term & Removal

• The CAG is appointed by the President of India by a warrant under his hand and seal.
• The CAG holds office for a period of six years or up to the age of 65years, whichever is earlier.
• He can resign any time from his office by addressing the resignation letter to the president.
• He can also be removed by the president on same grounds and in the same manner as a judge of the Supreme Court. In other words, he can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity.

 

Independence.

The Constitution has made the following provisions to safeguard and ensure the independence of CAG:

• He is provided with the security of tenure and can be removed by the president only in accordance with the procedure mentioned in the Constitution. Thus, he does not

hold his office till the pleasure of the president, though he is appointed by him.

• He is not eligible for further office, either under the Government of India or of any state, after he ceases to hold his office.
• His salary and other service conditions are determined by the Parliament. His salary is equal to that of a judge of the Supreme Court.
• Neither his salary nor his rights in respect of leave of absence, pension or age of retirement can be altered to his disadvantage after his appointment.
• The administrative expenses of the office of the CAG, including all salaries, allowances and pensions of persons serving in that office are charged upon the Consolidated Fund of India and are not subject to the vote of Parliament.
• No minister can represent the CAG in Parliament (both Houses) and no minister can be called upon to take any responsibility for any actions done by him.

 

Duties of CAG

• CAG audits the accounts related to all expenditure from the Consolidated Fund of India, Consolidated Fund of each state and UT having a legislative assembly.
• CAG audits all expenditure from the Contingency Fund of India and the Public Account of India as well as the Contingency Fund and Public Account of each state.
• CAG audits all trading, manufacturing, profit and loss accounts, balance sheets and other subsidiary accounts kept by any department of the Central Government and the state governments.
• CAG audits the receipts and expenditure of all bodies and authorities substantially financed from the Central or State revenues; government companies; other corporations and bodies, when so required by related laws.
• He ascertains and certifies the net proceeds of any tax or duty and his certificate is final on the matter.

 

Reports:

• He submits his audit reports relating to the accounts of the Centre and State to the President and Governor,who shall, in turn, place them before both the houses of Parliament and the state legislature respectively.
• He submits 3 audit reports to the President:audit report on appropriation accounts, audit report on finance accounts and audit report on public undertakings.

 

CAG and PAC:

• He acts as a guide, friend and philosopher of the Public Accounts Committee of the Parliament.
• Three CAG reports i.e. audit report on appropriation accounts, audit report on finance accounts and audit report on public sector undertakings are examined by PAC.
• CAG also assists the committee in its deliberations by preparing a list of the most urgent matters which deserve the attention of the PAC.
• He also helps in making the actions of the committee clear to the witnesses and in making the action of the government clear to the committee.
• CAG position is sometimes one of interpreter and translator, explaining the officials’ views to the politicians and vice-versa.
• The responsibility of the CAG does not end here. He has to watch whether the corrective action suggested by him has been taken or not. In cases whether it has not been taken, he reports the matter to the PAC which will take up the matter.

 

Issues in office of CAG:

No laid down criteria:

• Independence can be ensured if there is a well laid out criteria for this. Such criteria would include required qualifications which an individual should possess to be appointed as CAG and also a procedure through which selection should be made. The procedure must be transparent.

Appointment Issue:

• The current practice adopted for the appointment of the CAG is that the Cabinet Secretary prepares a shortlist for the finance minister who then submits it before the prime minister
• The prime minister recommends one name from that list to the president. If the president approves the same, the appointment of the CAG is made by warrant under the hand and seal of the president
• Such a procedure is faulty as there are chances for conflict of interest

Dilution of Accountability:

• The CAG is an auditor to the government of India, which is headed by the prime minister
• If the head of the auditee is to select an individual for auditing his organisation, there is a danger of some ‘pliable’ person becoming the CAG and it may dilute the accountability

Delays and Reduction in CAG Reports:

• There has been delays and pendency of Comptroller and Auditor General (CAG) reports with critics terming it as “CAGed”.
• The total number of CAG reports relating to central government ministries and departments came down from 55 in 2015 to just 14 in 2020, a fall of nearly 75 per cent, as per a recent reply to a Right To Information (RTI) application.

Reforms Needed.

Ensuring Independence:

• Internationally, most countries have enacted laws putting in certain qualifications and also the process of appointment of the head of their Supreme Audit Institution, so that he works independently and is not under the influence of the Executive, whose performance he is required to evaluate and provide audit opinion on achievement of the objectives.
• The Exchequer and Audit Act of the United Kingdom, as amended in 1983 provides that the CAG will be jointly selected by the Prime Minister and Chairman of the Committee of Public Accounts and thereafter ratified by the House of Commons

Transparency in Appointment:

• In India, to bring about transparency and objectivity in the selection process of the CAG, an institutional mechanism needs to be put in place
• A list may be prepared of persons possessing such qualifications. Thereafter, a high-level committee may examine the personalities and recommend to the president a panel of three names out of which one can be appointed

Curbing Delays:

• Just like the citizen’s right to get the information within a month under RTI Act 2005, auditors should be provided access to records on priority basis within seven days, failing which, heads of departments should be required to explain the circumstances that caused the delay.

Reforms suggested by Vinod Rai (former CAG)

• Bring all private-public partnerships (PPPs), Panchayati Raj Institutions and government-funded societies, within the ambit of the CAG.
• CAG Act of 1971 should be amended to keep pace with the changes in governance.
• A collegium type mechanism to choose a new CAG on the lines of selecting a Chief Vigilance Commissioner (CVC).

Steps improving efficiency of CAG:

• In the wake of the Big Data revolution, CAG came out with a Big Data management policy in 2016 and also established a Centre for Data Management and Analytics in Delhi which is a welcome step.
• In 2017, CAG of India hosted the Commonwealth Auditors General Conference. Leveraging technology in public audit and environment audit were the two themes of the conference. Conference helped in fostering partnerships amongst Commonwealth countries for capacity development in public audit.
• CAG successfully audited the UN headquarters which involves multifarious and complex operations; it shows the credibility of Indian CAG.

Conclusion

• CAG helps the parliament/state legislatures hold their respective governments accountable and hence reforms in office of CAG is of utmost importance.
• He is one of the bulwarks of the democratic system of government in India and truly the most important office in Constitution of India as conveyed by B.R Ambedkar.

“

2. Central Vigilance Commission, Central Information Commission, Lokpal and Lokayukta

The Central Vigilance Commission (CVC)?

It is an agency constituted to curb corruption in offices of the Indian government. Complaints from whistleblowers (an employee of the firm/public office informing the public about frauds/wrongdoings in the office) under ‘Whistleblower Resolution’ are received by CVC after which the commission can take actions on motivated acts.

CVC is called the apex vigilance institution. It is free of control from any executive authority. Its role is to monitor all vigilance activity under the Central Government and advising various authorities in Central Government organizations in planning, executing, reviewing and reforming their vigilance work.

Facts about the Central Vigilance Commission (CVC) for UPSC:

• Since 25 August 1998, CVC is a multi-member commission having a statutory status.
• Central Vigilance Act came into effect in the year 2003 after CVC bill was passed by both Lok Sabha and Rajya Sabha.
• First Chief Vigilance Commissioner of India was Nittoor Srinivasa Rau.
• Since 2004, the commission receives complaints under Public Interest Disclosure and Protection of Informers’ Resolution” (PIDPI), also called Whistleblowers’ Resolution.
• Sanjay Kothari is the Central Vigilance Commissioner of India 2021.
• It works on the policy of ‘Zero Tolerance Against Corruption.’

CVC Annual Report 2019 Facts

The Central Vigilance Commission is expected to release its annual report for the year 2020 in June 2021. The latest data is from its annual report 2019 that was made available in June 2020:

1.    CVC recommended the initiation of criminal proceedings in 72 cases in 2019.

2.    CVC rendered its advice in a total of 3157 cases in the year 2019:

o   493 cases – First Stage Advice – CVC advised initiating major penalty proceedings

o   193 cases – First Stage Advice – CVC advised initiating minor penalty proceedings

o   110 cases – Second Stage Advice – CVC advised imposition of major penalty

o   96 cases – Second Stage Advice – CVC advised imposition of minor penalty

3.    CVC disposed off  34813 complaints out of the total 35649 complaints received by it in 2019. The complaints against the public servants working in the state government/organizations were in large numbers.

Composition of Central Vigilance Commission?

CVC has three members:

1.    Central Vigilance Commissioner

2.    Two Vigilance Commissioner (Maximum number of commissioners is 2)

Facts about CVC Members:

• President of India appoints CVC members by warrant under his hand and seal
• The President’s appointment comes after the recommendation by a three-member committee:

1.    Prime Minister

2.    Minister of Home Affairs (MHA)

3.    Leader of Opposition in Lok Sabha

• Term of Office: Four years or if they attain 65 years of age (whichever is earlier)
• After they retire, they are not eligible for reappointment in any central or state government agency.

Aspirants reading CVC should also check other important polity articles given below:

ARC Reports	Money Bill
Private Member Bill	Directive Principles of State Policy
Sources of Indian Constitution	Comptroller & Auditor General (CAG)

Can Central Vigilance Members be removed?

Yes, the CVC members can be removed in the following circumstances:

Removal of CVC Members

If the member is adjudged as an insolvent

If the Central government holds him responsible for an offence involving moral turpitude/ or he is convicted for such an offence

If he becomes a part of the office of profit

If he is declared unfit by reason of infirmity of mind or body, by the President

If he is found interested in financially driven activities or other such interests which can likely affect prejudicially his official functions

 

Note: CVC members can also be removed by the President on the grounds of proven misbehaviour. However, the Supreme Court is referred by President only after which CVC members can be removed.

The Organisation of Central Vigilance Commission

There are three departments under the commission, given in the table below:

The organisation of the Central Vigilance Commission (CVC)
Secretariat	Chief Technical Examiners’ (CTE) wing	Wing of Commissioners for Departmental Inquiries (CDIs)
Secretary Joint Secretary Deputy Secretary Under-Secretary Office Staff	It is the technical wing, having: Chief Engineers Supporting Engineers	Inquiry Officers

What is the work of the Central Vigilance Commission (CVC)?

The following are the works of CVC members:

• They inquire or investigate whenever a public servant (Central Government employee) commits an offence under the Prevention of Corruption Act, 1988.
• They inquire or investigate against following officials who commit an offence under the Prevention of Corruption Act, 1988:

• Members of all-India services serving in the Union and Group ‘A’ officers of the Central government
• The specified level of officers of the authorities of the Central government
• They superintend the functioning of the Delhi Special Police Establishment (CBI) in cases related to the Prevention of Corruption Act, 1988
• They direct Delhi Special Police Establishment in investigative cases related to the Prevention of Corruption Act, 1988
• They review the progress of investigations conducted by the Delhi Special Police Establishment in cases related Prevention of Corruption Act, 1988
• They review the progress of those applications that are pending with competent authorities for sanction under the Prevention of Corruption Act, 1988
• Central Government and its authorities are advised on matters as they refer to CVC members
• They also superintend vigilance departments of government ministries
• They undertake or cause an inquiry into complaints received under Whistleblower Resolution and recommend appropriate action.
• Whenever the central government makes rules and regulations governing the vigilance and disciplinary matters relating to members of Central Services and All-India Services, CVC is consulted.
• CVC members are part of the selection committee which is responsible to recommend the appointment of the Director of Enforcement (ED.)
• CVC is a part of the selection committee that recommends officers for appointments to the posts above the level of Deputy Director of Enforcement.
• The Commission acts as an authority to receive information that is related to suspicious transactions under the Prevention of Money Laundering Act, 2002
• It recommends to Central Government for the appointment of Director of Prosecution in Central Bureau of Investigation
• CVC members are part of a selection committee that is responsible to recommend the appointment of officers to the posts of the level of SP and above in the CBI except for the Director of CBI
• Lokpal refers complaints to CVC who initiate a preliminary inquiry in respect of officers and officials of Groups A, B, C & D

Jurisdiction of Central Vigilance Commission

CVC can extend its jurisdiction to the following:

 

 

Jurisdiction of Central Vigilance Commission (CVC)

Union Government Officers/ Group A officers of All India Services

Public Sector Bank Officers of the rank of Scale V and above

RBI, NABARD and SIDBI officers in Grade D and above

PSUs officers in Group ‘A’ and Group ‘B’ and also it’s Chief Executives and Executives on board Chief Executives and Executives on the Board and other officers of E-7 and above in Schedule ‘C’ and ‘D’ Public Sector Undertakings of the Central Government

General Insurance Companies’ officers in the position of managers and above

Life Insurance Companies’ officers having the designation of Senior Divisional Managers and above

Officers drawing a salary of `8700/- per month (pre-revised) and above on Central Government D.A. pattern, as may be revised from time to time, in societies and local authorities owned or controlled by the Central Government

CVC – Vigilance Awareness Week

This awareness week is observed by the Central Vigilance Commission every year in the month of October. The week includes Sardar Vallabhbhai Patel’s birth anniversary which is on October 31.

The motive of Vigilance Awareness Week is to:

• Take an Integrity Pledge by all government ministries and organisations
• Spread the words on prevention of corruption across the nation
• Conduct workshops and campaigns for government employees and other stakeholders on policies/procedures of the organization and preventive vigilance measures
• Establish Integrity Clubs in schools and colleges
• Aware Gram Sabhas to sensitize the rural citizens about the ill-effects of corruption

Note: The theme of the 2020 Vigilance Awareness Week is “Satark Bharat, Samriddh Bharat (Vigilant India, Prosperous India)”.

The Whistleblowers Protection Act

The Act came on the heels of “The Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, 2010” in the Lok Sabha on August 26, 2010. The Bill as passed by Lok Sabha and Rajya Sabha on 21st February 2014 and received the assent of the President on May 9, 2014.

The act has provided mechanisms to secure the identity of public employees who expose corruption in government ministries and departments. It also aids the intention to expose corruption by public servants, including ministers.

Facts related to the Whistleblowers Protection Act:

• There is a penalty of imprisonment for 2 years or a fine of Rs. 30000 or both, in cases related to false charges
• The Act is not applicable to the state of Jammu and Kashmir, the armed forces and the Special Protection Group mandated to provide security to the Prime Minister and former prime ministers, among others.

 

The CIC

 was constituted with effect from 12th October 2005 under the RTI Act 2005. Its jurisdiction extends to all central public authorities.

Aspirants preparing for the Civil Services exam can go through other such bodies on the links provided below-

1.    Types of Constitutional Bodies

2.    Constitutional, Statutory and Quasi-Judicial Bodies

Central Information Commission Composition

Members in CIC – The CIC is headed by the Chief Information Commissioner and not more than ten Information Commissioners are there for the assistance of CIC. The Chief Information Commissioner holds office for five years.
At present (2019), the Commission has six Information Commissioners apart from the Chief Information Commissioner.

Appointment of the commissioner in CIC – The commissioners are appointed by the President on the recommendation of a committee consisting of the Prime Minister as Chairperson, the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.

Tenure of Office: The Chief Information Commissioner and an Information Commissioner shall hold office for such term as prescribed by the Central Government or until they attain the age of 65 years, whichever is earlier.
They are not eligible for reappointment.

Role of the Central Information Commission

1.    Order enquiry into any matter on reasonable grounds only (suo-moto power).

2.    Secure compliance of its decisions from any public authority.

3.    Receive and inquire into a complaint from any person:

o   Who has not received any response to his request for information within a specified time

o   Who deems the information given to him/her incomplete, false or misleading, and any other matter related to securing the information

o   Who has been unable to submit a request for information due to the non-appointment of an officer

o   Who considers the fees so charged unreasonable

o   Who was refused the information requested

4.    The commission has the power to examine any record under the control of the public authority. All such records have to be given to the Commission during the examination and nothing shall be withheld.

5.    During inquiries, the CIC has the powers of a civil court, such as the powers to:

o   Summon and enforce the attendance of persons, and compel them to give oral or written evidence on oath and produce documents or things

o   Require the discovery and inspection of documents

o   Receive evidence on affidavit

o   Requisition public records or copies from any office or court

o   Issue summons for the examination of documents or witnesses

o   Any other matter that may be prescribed

6.    The CIC also submits an annual report to the GOI on the implementation of the provisions of the Act. This report is then placed before both the Houses of Parliament.

Candidates can know about relevant commissions of India for comprehensive preparation –

Finance Commission of India	Planning Commission of India	Delimitation Commission
Central Vigilance Commission (CVC)	National Commission for Scheduled Castes (NCSC)	National Commission For Women
Competition Commission of India (CCI)	National Human Rights Commission of India	Tax Administration Reform Commission

To know more about the list of Commissions and Committees, visit the linked page.

Salaries of CIC and ICs Under Right to Information Rules 2019

The RTI Act, 2005 specified the tenure, terms of service, and salaries of the Chief Information Commissioner (CIC) and Information Commissioners (ICs) at the central and state levels, in the parent law.  The RTI (Amendment) Act, 2019 removed these provisions and stated that the central government will notify the term and quantum of salary through rules.

1.    It provided that the Chief Information Commissioner and an Information Commissioner (of Centre as well as States) shall hold office for such term as prescribed by the Central Government. Before this amendment, their term was fixed for 5 years.

2.    It removed the provisions regarding deductions in salary of the Chief Information Commissioner, an Information Commissioner, the State Chief Information Commissioner, and a State Information Commissioner due to pension or any other retirement benefits received by them for their previous government service.

3.    It provided that the salary, allowances, and other service conditions of the Chief Information Commissioner and an Information Commissioner (of Centre as well as States) shall be such as prescribed by the Central Government.

 

 

Lokpal Act of 2013:

• The Act allows setting up of anti-corruption ombudsman called Lokpal at the Centre and Lokayukta at the State-level.
• Composition: The Lokpal will consist of a chairperson and a maximum of eight members.
• Applicability: The Lokpal will cover all categories of public servants, including the Prime Minister. But the armed forces do not come under the ambit of Lokpal.
• The Act also incorporates provisions for attachment and confiscation of property acquired by corrupt means, even while the prosecution is pending.
• The States will have to institute Lokayukta within one year of the commencement of the Act.
• The Act also ensures that public servants who act as whistleblowers are protected.

Powers:

• The Lokpal will have the power of superintendence and direction over any investigation agency including CBI for cases referred to them by the ombudsman.
• As per the Act, the Lokpal can summon or question any public servant if there exists a prima facie case against the person, even before an investigation agency (such as vigilance or CBI) has begun the probe. Any officer of the CBI investigating a case referred to it by the Lokpal, shall not be transferred without the approval of the Lokpal.
• An investigation must be completed within six months. However, the Lokpal or Lokayukta may allow extensions of six months at a time provided the reasons for the need of such extensions are given in writing.
• Special courts will be instituted to conduct trials on cases referred by Lokpal.

Ambit of the Lokpal:

• For a wide range of public servants from the PM, ministers and MPs, to groups A, B, C and D employees of the central government various rules are in place.
• If a complaint is filed against the PM, the Act says, “Lokpal shall inquire or cause an inquiry to be conducted into any matter involved in, or arising from, or connected with, any allegation of corruption made in a complaint”.
• However, certain conditions will apply. The Act does not allow a Lokpal inquiry if the allegation against the PM relates to international relations, external and internal security, public order, atomic energy and space.
• Also, complaints against the PM are not to be probed unless the full Lokpal bench considers the initiation of an inquiry and at least two-thirds of the members approve it.
• Such an inquiry against the Prime Minister (if conducted) is to be held in camera and if the Lokpal comes to the conclusion that the complaint deserves to be dismissed, the records of the inquiry are not to be published or made available to anyone.

Lokpal itself is also subjected to the Law:

• The Act also includes the Lokpal’s own members under the definition of “public servant”.
• The Chairperson, Members, officers and other employees of the Lokpal shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act to be public servants.
• It shall apply to public servants in and outside India.
• It clarifies that a complaint under this Act shall only relate to a period during which the public servant was holding or serving in that capacity.

Lokpal (Complaint) Rules, 2020:

• The notification, under Section 59 of the Lokpal and Lokayuktas Act, lays down the rules called the Lokpal (Complaint) Rules, 2020.
• According to the complaint forms, published as part of the notification, a complainant has to give a valid proof of identity, as specified therein.
• Foreign nationals can also lodge complaints. Only a copy of their passports will be accepted as proof of identity.
• The complaint can be filed electronically, by post or in person. In case the complaint is filed electronically, its hard copy has to be submitted to the Lokpal within 15 days.
• No complaints can be filed against a public servant under the Army Act, Navy Act, Air Force Act and the Coast Guard Act.
• A complaint may ordinarily be made in English, provided that the Lokpal may also entertain a complaint in any of the languages referred to in the Eighth Schedule to the Constitution.
• Apart from the details of the accused official(s), allegation and the evidence relied upon, the complainant or the authorised signatory will also have to submit an affidavit.
• Registration/incorporation certificate of the organisation, on whose behalf the complaint is made and copy of authorisation certificate in favour of the signatory, if the complaint is on behalf of a board, body, corporation, company, limited liability partnership, authority, society, association of persons or trusts, has to be furnished.
• The Lokpal bench will decide the complaint in the first instance at the admission stage. The Lokpal may seek other details or affidavit, if necessary.
• The identity of the complainant or the accused official will be protected by the Lokpal till the conclusion of inquiry or investigation. However, the protection will not be applicable in cases where the complainant herself reveals her identity to any other office or authority while making the complaint to Lokpal.
• The complaints, whose contents are illegible, vague or ambiguous, which are trivial or frivolous, do not contain any allegation, are not filed within the limitation period of seven years, or are pending before any other court, tribunal or authority, will have to be disposed of within 30 days.

 

 

 

Lokayuktas in State

• The States have to set up Lokayuktas.

Aim: To deal with charges against their own officials.

• Jurisdiction of Lokayuktas: All state government personnel, including religious institutions, as well as the governor, ministers, and MLAs.
• Almost all states had established Lokayukta as a statutory entity with a definite tenure even before the Lokpal and Lokayukta Act of 2013 was enacted.
• The Lokayukta can be approached directly by members of the public with allegations of corruption, nepotism, or any other type of maladministration.
• Note: The Government of India dissolved eight state commissions, including the J&K Accountability Commission, following the abrogation of Jammu and Kashmir's semi-autonomous status and statehood on 5 August 2019.
• States were also required to appoint a Lokayukta within a year of the Lokpal Act taking effect. However, the Lokayukta has been constituted in only 16 states.

Composition & Eligibility of Lokayukta:

• The Chief Minister selects a person as the Lokayukta after consultation with the High Court Chief Justice, the Speaker of the Legislative Assembly, the Chairman of the Legislative Council, Leader of Opposition in both the Houses of State Legislature.
• The appointment is then made by the Governor.
• Once appointed, Lokpal and Lokayukta cannot be dismissed nor transferred by the government, and can only be removed by passing an impeachment motion.

Term of Office of the Members of Lokayukta

• The President of India appoints the Chairperson and Members by warrant under his hand and seal, and they serve for a period of five years from the date of their appointment or until they reach the age of 70, whichever is earlier.

Salary and allowances of the Members and Lokayukta

• The Chairperson's salary, allowances, and other working conditions are similar to those of the Chief Justice of India. Members' salaries, allowances, and other working conditions are similar to those of a Supreme Court Judge.

Function and Jurisdiction

Function and Jurisdiction of Lokayukta

• Anyone who is or has been Prime Minister, a Minister in the Union government, or a Member of Parliament, as well as officers of the Union Government in Groups A, B, C, and D, are eligible to be investigated by the Lokpal.
• If the allegations against the Prime Minister are related to foreign relations, external and internal security, public order, atomic energy, or space, the Lokpal cannot investigate.
• Also, complaints against the Prime Minister will not be investigated until the complete Lokpal bench recommends launching an investigation and at least two-thirds of the members accept it.
• If an investigation into the Prime Minister is underway, it should be conducted in secret. If the Lokpal decides that the complaint should be rejected, the investigation's documents are not to be published or made available to the public.
• Lokpal also applied to the chairpersons, members, executives, and directors of any board, corporation, society, trust, or autonomous organisation created by an Act of Parliament and supported entirely or partially by the Union or State governments. It also applies to any society, trust, or body that accepts a foreign gift of more than ten lakh rupees.
• Within 60 days, the Inquiry Wing or any other body must finish its preliminary investigation and submit a report to the Lokpal. Before presenting its report, it must obtain feedback from both the public servant and "the competent authority." Each kind of public servant will have a "competent authority" as defined by the Act.
• The Lokpal has the authority to recommend the transfer or suspension of a public official who has been accused of corruption.
• Lokpal has the authority to issue orders prohibiting the destruction of records during the preliminary investigation.
• The Lokpal has the authority of search and seizure, as well as powers under the Civil Procedure Code to undertake preliminary inquiries and investigations, as well as the power to attach assets and take other measures to combat corruption.
• For cases submitted to them by the Lokpal, the Lokpal will have the authority to supervise and instruct any central investigating agency, including the CBI.

Branches of

• Lokpal will have two primary branches via which it would carry out its tasks.
• The administrative branch will be led by a Secretary to the Government of India and will include the following departments:
• An officer not lower than the rank of Additional Secretary to the Government of India will lead the inquiry/investigation branch.
• The prosecution wing would be led by an officer with the rank of Additional Secretary to the Government of India.
• The Judicial Branch will be led by a judge of appropriate rank who will help the Lokpal in carrying out their judicial duties.

Limitation

Limitation of Lokayukta

• The Lokpal was a tool utilised in India's governmental system to tackle corruption. There are, however, certain defects and holes that must be remedied.
• The Lokpal selection process is skewed because there are no guidelines for deciding who is a "eminent jurist" or "a person of integrity."
• There are no proper procedures for appealing Lokpal's actions.
• The Lokpal and Lokayukta Act also stipulates that no complaint against corruption can be filed until a period of seven years has passed from the date on which the alleged offence was committed.
• The appointing committee for Lokpal is made up of political party representatives who try to sway Lokpal's choices.
• Parliament enacted the Lokpal and Lokayuktas Act 2013 five years ago, but no Lokpal has been appointed since then, indicating a lack of political will.
• The Lokpal's omission of the judiciary from its purview is one of the most serious problems.
• There is no legal basis for the Lokpal's rulings, and there are no effective methods for contesting them.

Conclusion

• The institution of ombudsman must be strengthened in respect of functional autonomy and workforce availability to fight against corruption.
• The appointment of Lokpal is not the real solution to problems. Instead the government should focus on eliminating the root causes because of which the general public is demanding a Lokpal.
• There should be complete transparency when nominating a Lokpal and Lokayukta as it will increase the chances for the right person to be appointed.