India comprises 29 States and 7 Union Territories. They are: Andhra Pradesh, Assam, Arunachal Pradesh, Bihar, Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Tripura, Uttarakhand, Uttar Pradesh and West Bengal. Union Territories are: Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, National Capital Territory of Delhi, Lakshadweep and Puducherry.
The Constitution of India provides for a single citizenship for the whole of India. Every person who was at the commencement of the Constitution (26 January 1950) domiciled in the territory of India, and (a) who was born in India, or (b) either of whose parents was born in India, or (c) who has been ordinarily resident in India for not less than five years, became a citizen of India. The Citizenship Act, 1955 deals with matters relating to acquisition, determination and termination of Indian citizenship after the commencement of the Constitution.
The Constitution offers all citizens, individually and collectively, some basic freedoms. These are guaranteed in the Constitution in the form of six broad categories of Fundamental Rights, which are justiciable. Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights. These are:
Fundamental Duties
By the 42nd Amendment of the Constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated. Article 51 'A', contained in Part IV A of the Constitution deals with Fundamental Duties. These enjoin upon a citizen among other things, to abide by the Constitution, to cherish and follow noble ideals, which inspired India's struggle for freedom, to defend the country and render national service when called upon to do so, and to promote harmony and spirit of common brotherhood transcending religious, linguistic and regional or sectional diversities.
Directive Principle of State Policy
The Constitution lays down certain Directive Principles of State Policy, which though not justiciable, are 'fundamental in governance of the country', and it is the duty of the State to apply these principles in making laws. These lay down that the State shall strive to promote the welfare of people by securing and protecting as effectively as it may, a social order, in which justice-social, economic and political-shall form in all institutions of national life. The State shall direct its policy in such a manner as to secure the right of all men and women to an adequate means of livelihood, equal pay for equal work and within limits of its economic capacity and development, to make effective provision for securing the right to work, education and to public assistance in the event of unemployment, old age, sickness and disablement or other cases of undeserved want. The State shall also endeavour to secure to workers a living wage, humane conditions of work, a decent standard of life, and full involvement of workers in management of industries.
In the economic sphere, the State is to direct its policy in such a manner as to secure distribution of ownership and control of material resources of community to subserve the common good, and to ensure that operation of economic system does not result in concentration of wealth and means of production to common detriment.
Some of the other important directives relate to provision of opportunities and facilities for children to develop in a healthy manner; free and compulsory education for all children up to the age of 14; promotion of education and economic interests of scheduled castes, scheduled tribes and other weaker sections; organisation of village panchayats; separation of judiciary from executive; promulgation of a uniform civil code for whole country; protection of national monuments; promotion of justice on a basis of equal opportunity; provision of free legal aid; protection and improvement of environment and safeguarding of forests and wildlife of the country; promotion of international peace and security; just and honourable relations between nations; respect for international law; treaty obligations; and settlement of international disputes by arbitration.
The Union
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Executive
The Union executive consists of the President, the Vice-President, and the Council of Ministers with the Prime Minister as the head to aid and advise the President.
President
The President is elected by members of an electoral college consisting of elected members of both Houses of Parliament and Legislative Assemblies of the states in accordance with the system of proportional representation, by means of single transferable vote. To secure uniformity among state inter se, as well as parity between the states as a whole, and the Union, suitable weightage is given to each vote. The President must be a citizen of India, not less than 35 years of age, and qualified for election as member of the Lok Sabha. His term of office is five years, and he is eligible for re-election. His removal from office is to be in accordance with procedure prescribed in Article 61 of the Constitution. He may, by writing under his hand addressed to the Vice-President, resign his office.
Executive power of the Union is vested in the President, and is exercised by him either directly or through officers subordinate to him in accordance with the Constitution. Supreme command of defence forces of the Union also vests in him. The President summons, prorogues, addresses, sends messages to Parliament and dissolves the Lok Sabha, promulgates Ordinances at any time, except when both Houses of Parliament are in session, makes recommendations for introducing financial and money bills and gives assent to bills, grants pardons, reprieves, respites or remission of punishment or suspends, and remits or commutes sentences in certain cases. When there is a failure of the constitutional machinery in a state, he can assume to himself all, or any of the functions of the government of that state. The President can proclaim emergency in the country if he is satisfied that a grave emergency exists, whereby security of India or any part of its territory is threatened, whether by war or external aggression or armed rebellion.
Vice-President
The Vice-President is elected by members of an electoral college consisting of members of both Houses of Parliament in accordance with the system of proportional representation by means of single transferable vote. He must be a citizen of India, not less than 35 years of age, and eligible for election as a member of the Rajya Sabha. His term of office is five years, and he is eligible for re-election. His removal from office is to be in accordance with procedure prescribed in Article 67 b.
The Vice-President is ex-officio Chairman of the Rajya Sabha and acts as President when the latter is unable to discharge his functions due to absence, illness or any other cause, or till the election of a new President (to be held within six months when a vacancy is caused by death, resignation or removal or otherwise of President). While so acting, he ceases to perform the function of the Chairman of the Rajya Sabha.
Council of Ministers
There is a Council of Ministers headed by the Prime Minister to aid and advise the President in exercise of his functions. The Prime Minister is appointed by the President, who also appoints other ministers on the advice of Prime Minister. The Council is collectively responsible to the Lok Sabha. It is the duty of the Prime Minister to communicate to the President all decisions of Council of Ministers relating to administration of affairs of the Union and proposals for legislation and information relating to them.
The Council of Ministers comprises Ministers who are members of Cabinet, Ministers of State (independent charge), Ministers of State and Deputy Ministers.
Legislature
Legislature of the Union, which is called Parliament, consists of the President and two Houses, known as Council of States (Rajya Sabha) and House of the People (Lok Sabha). Each House has to meet within six months of its previous sitting. A joint sitting of two Houses can be held in certain cases.
Rajya Sabha
The Constitution provides that the Rajya Sabha shall consist of 250 members, of which 12 members shall be nominated by the President from amongst persons having special knowledge or practical experience in respect of such matters as literature, science, art and social service; and not more than 238 representatives of the States and of the Union Territories.
Elections to the Rajya Sabha are indirect; members representing States are elected by elected members of legislative assemblies of the States in accordance with the system of proportional representation by means of the single transferable vote, and those representing Union Territories are chosen in such manner as Parliament may by law prescribe. The Rajya Sabha is not subject to dissolution; one-third of its members retire every second year.
Rajya Sabha, at present, has 245 seats. Of these, 233 members represent the States and the Union Territories, and 12 members are nominated by the President.
Lok Sabha
The Lok Sabha is composed of representatives of people chosen by direct election on the basis of adult suffrage. The maximum strength of the House envisaged by the Constitution is now 552 (530 members to represent States, 20 to represent Union Territories, and not more than two members of the Anglo-Indian community to be nominated by the President, if, in his opinion, that community is not adequately represented in the House). The total elective membership of the Lok Sabha is distributed among States in such a way that the ratio between the number of seats allotted to each State and population of the State is, as far as practicable, the same for all States. The Lok Sabha at present consists of 545 members. Of these, 530 members are directly elected from the States and 13 from Union Territories, while two are nominated by the President to represent the Anglo-Indian community. Following the Constitution 84th Amendment Act, the total number of existing seats as allocated to various States in the Lok Sabha on the basis of the 1971 census, shall remain unaltered till the first census to be taken after the year 2026.
The term of the Lok Sabha, unless dissolved earlier, is five years from the date appointed for its first meeting. However, while a proclamation of emergency is in operation, this period may be extended by Parliament by law for a period not exceeding one year at a time, and not extending in any case, beyond a period of six months after the proclamation has ceased to operate. Fourteen Lok Sabhas have been constituted so far.
Qualification for Membership of Parliament
In order to be chosen a member of Parliament, a person must be a citizen of India and not less than 30 years of age in the case of Rajya Sabha and not less than 25 years of age in the case of Lok Sabha. Additional qualifications may be prescribed by Parliament by law.
Functions and Powers of Parliament
As in other parliamentary democracies, the Parliament in India has the cardinal functions of legislation, overseeing of administration, passing of the Budget, ventilation of public grievances and discussing various subjects like development plans, national policies and international relations. The distribution of powers between the Union and the States, followed in the Constitution, emphasises in many ways the general predominance of Parliament in the legislative field. Apart from a wide-range of subjects, even in normal times, the Parliament can, under certain circumstances, assume legislative power with respect to a subject falling within the sphere exclusively reserved for the States. The Parliament is also vested with powers to impeach the President and to remove the Judges of Supreme Court and High Courts, the Chief Election Commissioner and the Comptroller and Auditor General in accordance with the procedure laid down in the Constitution.
All legislation require consent of both the Houses of Parliament. In the case of money bills, however, the will of the Lok Sabha prevails. Delegated legislation is also subject to review and control by Parliament. Besides the power to legislate, the Constitution vests in Parliament the power to initiate amendment of the Constitution.
Parliamentary Committees
The functions of Parliament are not only varied in nature, but considerable in volume. The time at its disposal is limited. It cannot make very detailed scrutiny of all legislative and other matters that come up before it.
Leaders of Opposition in Parliament
In keeping with their important role, the Leaders of Opposition in the Rajya Sabha and the Lok Sabha are accorded statutory recognition.Salary and other suitable facilities are extended to them through a separate legislation brought into force on 1 November 1977.
Government Business in Parliament
The Minister of Parliamentary Affairs is entrusted with the responsibility of coordinating, planning and arranging Government Business in both Houses of Parliament.In the discharge of this function, he is assisted by his Ministers of State. The Minister also keeps close and constant contact with the presiding officers, the leaders as well as chief whips and whips of various parties and groups in both the Houses of Parliament. During the period 1 June 2006 to 31 May 2007, both Houses of Parliament passed 57 Bills.
Consultative Committees
The Ministry of Parliamentary Affairs constitutes Consultative Committees of Members of both the Houses of Parliament, which are attached to various Ministries, and arranges meetings thereof.
The Minister/Minister of State in-charge of the Ministry concerned acts as the chairman of the Consultative Committee of that Ministry.
The main purpose of these Committees is to provide a forum for informal discussions between the Government and Members of Parliament on policies and programmes of the Government and the manner of their implementation. Meetings of these Committees are held both during the session and inter-session period of Parliament. After the constitution of the 14th Lok Sabha, 32 Consultative Committees attached to various Ministries were constituted. Besides this, 16 Informal Consultative Committees of the sixteen Railway Zones have also been constituted. Unlike the Consultative Committees attached to the Ministries, meetings, of these Informal Consultative Committees are to be arranged during Session periods only. 322 meetings of the Consultative Committees were held till 31 May 2007 after the constitution of the 14th Lok Sabha including 116 meetings held during the year 2006.
Nomination of Members of Parliament on Government Committees/Bodies
The Minister of Parliamentary Affairs nominates Members of Parliament on Committees, Councils, Boards and Commissions, etc., set-up by the Government of India in various Ministries. (except in case of statutory or other bodies where the statute or the bye-laws framed thereunder provides that the Member of Parliament to be appointed thereon will be nominated by the Presiding Officers of the respective Houses or will be elected by the Lok Sabha or the Rajya Sabha, as the case may be). The Members are nominated on such Bodies keeping in view their aptitude and special interest in the subject.
Youth Parliament Competition
In order to develop democratic ethos in the younger generation the Ministry conducts Youth Parliament Competition in various categories of schools and colleges/universities. The Youth Parliament Scheme was first introduced in the Schools in Delhi in 1966-67.
The Kendriya Vidyalayas located in and around Delhi were incorporated into the ongoing Scheme for Delhi Schools in 1978. Subsequently, as a separate scheme of Youth Parliament for Kendriya Vidyalayas at the National Level was launched in 1988. Similarly, in 1997-98, two new Youth Parliament Schemes at the national level, one for Jawahar Navodaya Vidyalayas and the other for Universities/Colleges were launched.
During 2007-08, the 42nd Youth Parliament Competition for Delhi Schools was completed and 33 schools had participated. The 20thNational Youth Parliament Competition for Kendriya Vidyalayas was held and 90 Kendriya Vidyalayas participated. The 11th National Youth Parliament Competition for Jawahar Navodaya Vidyalayas was completed. The Ninth National Youth Parliament Competition for Universities/Colleges is in progress.
Other Parliamentary Matters
All India Whips Conference
The Ministry of Parliamentary Affairs, Government of India has been organising All India Whips Conference from time to time, with the purpose of establishing suitable links among the whips of various political parties at the Centre...
Matters Under Rule 377 and Special Mentions
The Ministry of Parliamentary Affairs takes follow-up action on matters raised under Rule 377 of the Rules of Procedure and Conduct of Business in Lok Sabha and by way of Special Mentions in Rajya Sabha.
Implementation of Assurances
The Ministry culls out assurances, promises, undertakings, etc., given by Ministers in both the Houses of Parliament, from the daily proceedings and forwards them to the concerned Ministries/Departments for implementation...
Administrative Set-up
The Government of India (Allocation of Business) Rules, 1961 are made by the President of India under Article 77 of the Constitution for the allocation of business of the Government of India.
Cabinet Secretariet
The Cabinet Secretariat is under the direct charge of the Prime Minister. The administrative head of the Secretariat is the Cabinet Secretary who is also the ex-officio Chairman of the Civil Services Board.
National Authority, Chemical Weapons Convention
National Authority, Chemical Weapons Convention (CWC) was set up by a resolution of Cabinet Secretariat dated 5 May 1997 to fulfil the obligations enunciated in the Chemical Weapons Convention initially signed by 130 countries in a conference which concluded on 14 January 1993 for the purpose prohibiting of the development, production, execution, transfer, use and stockpiling of all chemical weapons by Member-States is a non-discriminatory process.
Ministries/Departments of the Government
The Government consists of a number of Ministries/Departments, number and character varying from time to time on factors such as volume of work importance attached to certain items, changes of orientation, political expediency, etc.On 15 August 1947, the number of Ministries at the Centre
| Service | CSS Grade | CSSS No. of Post | CSCS Grade | No. of Post | Grade | No. of Post |
|---|
| 1 | Sr. Selection Grade (Group 'A' Gazetted) | 110 | - | - | - | - |
| 2 | Selection Grade (Group 'A' Gazetted) | 330 | Sr. PPS (Group 'A' Gazetted) | 68 | - | - |
| 3 | Grade-I (Group 'A' Gazetted) | 1405 | PPS (Group 'A' Gazetted) | 182 | - | - |
| 4 | Selection Officer (Group 'B' Gazetted) | 3000 | PS (A & B) (Group 'B' Gazetted) | 1598 | - | - |
| 5 | Assistant (Group 'B' Non-Gazetted) | 4905 | Grade "C"/PA (Group 'B' Non-Gazetted) | 2793 | - | - |
| 6 | - | - | Grade 'D' Grade 'C' (Non-Gazetted) | 1958 | UDC/LDC(Group 'C' Non-Gazetted) | 9115 |
| Total | - | 9750 | | 6599 | | 9115 |
Official Language
Official Language - Constitutional/Statutory Provisions
Article 343(1) of the Constitution provides that Hindi in Devanagari script shall be the Official Language of the Union. Article 343(2) also provided for continuing the use of English in official work of the Union for a period of 15 years from the date of commencement of the Constitution.
Policy
In compliance with the Official Language Resolution, 1968, an Annual Programme is prepared by the Department of Official Language in which targets are set for the offices of the Central Government with regard to originating correspondence, telegrams, telex, etc., in Hindi.
Committees/Samities
A Committee of Parliament on Official Language was constituted in 1976 under section 4 of the Official Languages Act, 1963 to periodically review the progress in the use of Hindi as the Official Language of the Union and to submit a report to the President.
Award Schemes
The Indira Gandhi Rajbhasha Awards Scheme has been in operation since 1986-87. Shields are given every year to Ministries/Departments, Banks and Financial Institutions, Public Sector Undertakings and Town Official Language Implementation Committees for outstanding achievements in the implementation of the Official Language Policy of the Union.
Training
Under the Hindi Teaching Scheme, administered by the Department of Official Language, training in Hindi language is being imparted through 119 full-time and 49 part-time centres throughout the country.
Technical
In order to facilitate the use of Official Language with the help of Mechanical and Electronic equipment, especially computers, a Technical Cell was set up in the Department of Official Language in October 1983.
Publications
The Department of Official Language brings out 'Rajbhasha Bharati', a quarterly magazine, dedicated for encouraging writings in the field of Official Language, literature, technology, information technology, etc...
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Comptroller & Auditor General
Comptroller and Auditor-General is appointed by the President. Procedure and grounds for his removal from office are the same as for a Supreme Court Judge. He is not eligible for further office under the Union or a State Government after he ceases to hold his office.
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Administrative Reforms & Public Grievances
Department of Administrative Reforms and Public Grievances is the nodal agency of the Government for Administrative Reforms as well as redressal of public grievances relating to the States in general and grievances pertaining to Central Government agencies in particular.
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Administrative Tribunals
The enactment of Administrative Tribunals Act in 1985 opened a new chapter in the sphere of administering justice to the aggrieved government servants. Administrative Tribunals Act owes its origin to Article 323-A of the Constitution which empowers Central Government to set-up by an Act of Parliament, Administrative Tribunals for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to the public service and posts in connection with the affairs of the Union and the States.
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The States
The system of government in states closely resembles that of the Union.
Executive
GOVERNOR
State executive consists of Governor and Council of Ministers with Chief Minister as its head. The Governor of a State is appointed by the President for a term of five years and holds office during his pleasure. Only Indian citizens above 35 years of age are eligible for appointment to this office. Executive power of the State is vested in Governor.
Council of Ministers with Chief Minister as head aids and advises Governor in exercise of his functions except in so far as he is by or under the Constitution required to exercise his functions or any of them in his discretion. In respect of Nagaland, Governor has special responsibility under Article 371 A of the Constitution with respect to law and order and even though it is necessary for him to consult Council of Ministers in matters relating to law and order, he can exercise his individual judgement as to the action to be taken.
Similarly, in respect of Arunachal Pradesh, Governor has special responsibility under Article 371H of the Constitution with respect to law and order and in discharge of his functions in relation thereto. Governor shall, after consulting Council of Ministers, exercise his individual judgement as to the action to be taken. These are, however, temporary provisions if President, on receipt of a report from Governor or otherwise is satisfied that it is no longer necessary for Governor to have special responsibility with respect to law and order, he may so direct by an order.
Likewise, in the Sixth Schedule which applies to tribal areas of Assam, Meghalaya, Tripura and Mizoram as specified in para 20 of that Schedule, discretionary powers are given to Governor in matters relating to sharing of royalties between district council and state government. Sixth Schedule vests additional discretionary powers in Governors of Mizoram and Tripura in almost all their functions (except approving regulations for levy of taxes and money lending by non-tribal by district councils) since December 1998. In Sikkim, Governor has been given special responsibility for peace and social and economic advancement of different sections of population.
All Governors while discharging such constitutional functions as appointment of Chief Minister of a State or sending a report to President about failure of constitutional machinery in a State or in respect of matters relating to assent to a Bill passed by legislature, exercise their own judgement.
Council Of Ministers
The Chief Minister is appointed by the Governor who also appoints other ministers on the advice of the Chief Minister. The Council of Ministers is collectively responsible to legislative assembly of the State.
Legislature
For every state, there is a legislature, which consists of Governor and one House or, two Houses as the case may be. In Bihar, Jammu and Kashmir, Karnataka, Maharashtra and Uttar Pradesh, there are two Houses known as legislative council and legislative assembly. In the remaining states, there is only one House known as legislative assembly. Parliament may, by law, provide for abolition of an existing legislative council or for creation of one where it does not exist, if proposal is supported by a resolution of the legislative assembly concerned.
Legislative Council
Legislative Council (Vidhan Parishad) of a state comprises not more than one-third of total number of members in legislative assembly of the state and in no case less than 40 members (Legislative Council of Jammu and Kashmir has 36 members vide Section 50 of the Constitution of Jammu and Kashmir). About one-third of members of the council are elected by members of legislative assembly from amongst persons who are not its members, one-third by electorates consisting of members of municipalities, district boards and other local authorities in the state, one-twelfth by electorate consisting of persons who have been, for at least three years, engaged in teaching in educational institutions within the state not lower in standard than secondary school and a further one-twelfth by registered graduates of more than three years standing. Remaining members are nominated by Governor from among those who have distinguished themselves in literature, science, art, cooperative movement and social service. Legislative councils are not subject to dissolution but one-third of their members retire every second year.
Legislative Assembly
Legislative Assembly (Vidhan Sabha) of a state consists of not more than 500 and not less than 60 members (Legislative Assembly of Sikkim has 32 members vide Article 371F of the Constitution) chosen by direct election from territorial constituencies in the state. Demarcation of territorial constituencies is to be done in such a manner that the ratio between population of each constituency and number of seats allotted to it, as far as practicable, is the same throughout the state. Term of an assembly is five years unless it is dissolved earlier.
Powers and Functions
State legislature has exclusive powers over subjects enumerated in List II of the Seventh Schedule of the Constitution and concurrent powers over those enumerated in List III. Financial powers of legislature include authorisation of all expenditure, taxation and borrowing by the state government. Legislative assembly alone has power to originate money bills. Legislative council can make only recommendations in respect of changes it considers necessary within a period of fourteen days of the receipt of money bills from Assembly. Assembly can accept or reject these recommendations.
Reservation of Bills
The Governor of a state may reserve any Bill for the consideration of the President. Bills relating to subjects like compulsory acquisition of property, measures affecting powers and position of High Courts and imposition of taxes on storage, distribution and sale of water or electricity in Inter-state River or river valley development projects should necessarily be so reserved. No Bills seeking to impose restrictions on inter-state trade can be introduced in a state legislature without previous sanction of the President.
Control Over Executive
State legislatures, apart from exercising the usual power of financial control, use all normal parliamentary devices like questions, discussions, debates, adjournments and no-confidence motions and resolutions to keep a watch over day-to-day work of the executive. They also have their committees on estimates and public accounts to ensure that grants sanctioned by legislature are properly utilised.
Union Territories
Union Territories are administrated by the President acting to such extent, as he thinks fit, through an Administrator appointed by him. Administrators of Andaman and Nicobar Islands, Delhi and Puducherry are designated as Lieutenant Governors. The Governor of Punjab is concurrently the Administrator of Chandigarh. The Administrator of Dadra and Nagar Haveli is concurrently the Administrator of Daman and Diu. Lakshadweep has a separate Administrator.
The National Capital Territory of Delhi and Union Territory of Puducherry each has a legislative assembly and council of ministers. Legislative assembly of Union Territory of Puducherry may make laws with respect to matters enumerated in List II or List III in the Seventh Schedule of the Constitution in so far as these matters are applicable in relation to the Union Territory. The legislative assembly of National Capital Territory of Delhi has also these powers with the exceptions that Entries 1, 2 and 18 of the List II are not within the legislative competence of the legislative assembly. Certain categories of Bills, however, require the prior approval of the Central Government for introduction in the legislative assembly. Some Bills, passed by the legislative assembly of the Union Territory of Puducherry and National Capital Territory of Delhi are required to be reserved for consideration and assent of the President.
Local Government
Municipalities
Municipal bodies have a long history in India. The first such Municipal Corporation was set-up in the former Presidency Town of Madras in 1688; and was followed by similar corporations in the then Bombay and Calcutta in 1726. The Constitution of India has made detailed provisions for ensuring protection of democracy in Parliament and in the state legislatures. However, Constitution did not make the local self-government in urban areas a clear-cut constitutional obligation. While the Directive Principles of State Policy refer to village Panchayats, there is no specific reference to Municipalities except the implicitly in Entry 5 of the State List, which places the subject of local self-governments as a responsibility of the states.
In order to provide for a common framework for urban local bodies and help to strengthen the functioning of the bodies as effective democratic units of self-government, Parliament enacted the Constitution (74
thAmendment) Act, 1992 relating to municipalities in 1992. The Act received the assent of the President on 20 April 1993. The Government of India notified 1 June 1993 as the date from which the said Act came into force. A new part IX-A relating to the Municipalities has been incorporated in the Constitution to provide for among other things, constitution of three types of Municipalities, i.e.,
Nagar Panchayats for areas in transition from a rural area to urban area, Municipal Councils for smaller urban areas and Municipal Corporation for large urban areas, fixed duration of municipalities, appointment of state election commission, appointment of state finance commission and constitution of metropolitan and district planning committees. State/
UTs have set-up their election Commissions. Elections to municipal bodies have been completed in all States/UTs except Jharkhand and Puducherry.
Panchayats
Article 40 of the Constitution, which enshrines one of the Directive Principles of State Policy, lays down that the State shall take steps to organise village panchayats and endow them with such powers and, authority as may be necessary to enable them to function as units of self-government.
In the light of the above, a new Part IX relating to the Panchayats has been inserted in the Constitution to provide for among other things, Gram Sabha in a village or group of villages; constitution of Panchayats at village and other level or levels; direct elections to all seats in Panchayats at the village and intermediate level, if any, and to the offices of Chairpersons of Panchayats at such levels; reservation of seats for the Scheduled Castes and Scheduled Tribes in proportion to their population for membership of Panchayats and office of Chairpersons in Panchayats at each level; reservation of not less than one-third of the seats for women; fixing tenure of five years for Panchayats and holding elections within a period of six months in the event of super session of any Panchayat.
Election Commission
The superintendence, direction and control of preparation of electoral rolls for, and the conduct of, elections to Parliament and State Legislatures and elections to the offices of the President and the Vice-President of India are vested in the Election Commission of India. It is an independent constitutional authority. Since its inception in 1950 and till October 1989, the Commission functioned as a single member body consisting of the Chief Election Commissioner. On 16 October 1989, the President appointed two more Election Commissioners on the eve of the General Election to the House of the People held in November- December 1989. However, the said two Commissioners ceased to hold office on 1 January 1990 when those two posts of Election Commissioners were abolished. Again on 1 October 1993, the President appointed two more Election Commissioners. Simultaneously, the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Act, 1991 was amended to provide that the Chief Election Commissioner and other Election Commissioners will enjoy equal powers and will receive equal salary, allowances and other perquisites as payable to a judge of the Supreme Court of India. The Act further provided that in case of difference of opinion amongst the Chief Election Commissioner and/or two other Election Commissioners, the matter will be decided by the Commission by majority. The validity of that Act (renamed in 1993 as the Election Commission) (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 was challenged before the Supreme Court. The Constitution Bench of the Supreme Court consisting of five judges, however, dismissed the petitions and upheld the provisions of the above law by a unanimous judgment on 14 July 1995.
Independence of the Election Commission and its insulation from executive interference is ensured by a specific provision under Article 324(5) of the Constitution that the Chief Election Commissioner shall not be removed from his office except in like manner and on like grounds as a Judge of the Supreme Court and conditions of his service shall not be varied to his disadvantage after his appointment. The other Election Commissioners cannot be removed from office except on recommendation of the Chief Election Commissioner. The term of office of the Chief Election Commissioner and other Election Commissioners is six years from the date he/she assumes office or till the day he/she attains the age of 65 years, whichever is earlier.
Amendments
The Parliament on 22 March 2003 enacted the Election Laws (Amendment) Act, 2003 and Conduct of Elections (Amendment) Rules, 2003 which came into force with effect from 22 September 2003. By these amendments in the Act and Rules, those service voters belonging to the Armed Forces and members belonging to a Force to which provisions of the Army Act applies, have been provided the facility to opt to vote through proxy. Such service voter who opt to vote through proxy have to appoint a proxy in a prescribed format and intimate the Returning Officer of the constituency.
The Election and Other Related Laws (Amendment) Act, 2003 (46 of 2003) was enacted in 11 September 2003. By this amendment, new Section 29B and 29C were inserted in the Principal Act providing for contribution by any person or company other than a Government company to political parties, subject to the condition that any contribution in excess of Rs.20,000 shall be reported to the Election Commission for any claim for Tax relief under the Income Tax Act, 1961. The Act also inserted Part A (Section 78A and 78B) regarding supply of copies of electoral rolls and certain other items to candidates of recognised political parties. This Act also amended Section 77(1) regarding maintenance of election expenses by candidates whereby expenditure incurred by specified number of 'leaders' of a political party on account of travel by air or by any other means of transport for propagating programme of the political party alone shall be exempted from being included in the account of election expenses incurred by the candidate in connection with the election.
The Parliament on 1 January 2004 enacted the Delimitation (Amendment) Act, 2003 whereby Section 4 of the Principal Act was amended to provide that the Delimitation will be held on the basis of the 2001 Census figures.
The Parliament on 28 August 2003 enacted the Representation of the People (Amendment) Act, 2003 whereby open ballot system was introduced at elections to the Council of States. In this system an elector who belongs to a political party is required to show the ballot paper after marking his vote to an authorised agent of that political party. The requirement that a candidate contesting an election to the Council of States from a particular State should be an elector in that particular State was also dispensed with.
Electoral Reforms
In C.W.P. No. 4912 of 1998 (Kushra Bharat Vs. Union of India and Others), the Delhi High Court directed that information relating to government dues owed by candidates to the departments dealing with Government accommodation, electricity, water, telephone and transport (including aircrafts and helicopters) and any other dues should be furnished by the candidates and this information should be published by the election authorities under the Commission in at least two newspapers having local circulation, for information of electors. Accordingly, the Commission modified items 3(a)(iii) of the format of the affidavit prescribed vide its order dated 27 March 2003 relating to right to information of electors regarding the background of candidates and also issued necessary directions to the District Election Officers regarding publication of the information furnished by the candidates in the newspapers as directed by the Delhi High Court.
