1

2
CONTAINTS PAGE NO
UNIT 1 INTRODUCTION 1-10

UNIT 2 Union government and its administrations 11-26

UNIT 3 State Government and its administration 27-39

UNIT 4 Local administration 40-50

UNIT 5 Election commission 51-55

Question and Answer 56-112

Copy Rights: No part of this book may be reproduced, stored in a retrieval system or
transmitted in a form or by any means, with out the previous permission of the copyright holders. every
effort has been made to avoid errors or omission in this publication in spite of this some errors might
have crept in. any mistake, error or discrepancy noted may be brought our notice which shall be taken
care in the next edition the publisher shall not verify the originality authenticity, ownership non-
infringement of the data, contents and information the authors are the sole owner of the copyrights of
the work it shall be authors sole responsibility to ensure the lawfulness of the contents and publisher is
not responsible for any copyrights issues.it is notified that publisher will not be responsible.

AUTHORS
1.Veenalakshman
2.Swetha K.V
3.AL-AS TEAM

3
 INDIAN CONSTITUTION
Unit. 1: INTRODUCTION TO INDIAN
CONSTITUTION
Introduction
The Constitution of India is the supreme law of India. It frames
fundamental political principles, procedures, practices, rights, powers,
and duties of the government. It imparts constitutional supremacy and
not parliamentary supremacy, as it is not created by the Parliament
but, by a constituent assembly, and adopted by its people, with a
declaration in its preamble. Parliament cannot override it.

Meaning of Indian Constitution

The Constitution of India is the supreme law of India. The document
lays down the framework demarcating fundamental political code,
structure, procedures, powers, and duties of government institutions
and sets out fundamental rights, directive principles, and the duties of
citizens. It is the longest written constitution of any country on earth.

It was adopted by the Constituent Assembly of India on 26 November

1949 and became effective on 26 January 1950. The constitution
replaced the Government of India Act, 1935 as the country's
fundamental governing document, and the Dominion of India became
the Republic of India. To ensure constitutional autochthony, its framers
repealed prior acts of the British parliament in Article 395. India
celebrates its constitution on 26 January as Republic Day.

The first meeting of constitution of assembly the strength was

207.B.N.Rao became a constitutional advisor and he prepared the draft
on the basis of reports on committee. The setup of constitutional was
proposed by Mahatma Gandhiji.2 years,11 months and 18 days was
taken to draft the entire constitution.
4
DRAFTING COMMITTEE was chaired by DR. Ambedkar presented a
detailed draft constitution which was published for public discussion and
comments. DR. Ambedkar is Architect of Indian constitution.

Objective Resolution

Objective resolution was a momentor’s to resolution that outlined the

defining ideas of the constitution of independent Indian and it provided
the frame within which the work constitution.13 December 1946,Nehru
introduced the objective resolution.

On 22 Jan 1947, constitute assembly has passed objective resolution. It

clearly light on the ideological found the nation and values of the Indian
constitution and it guided the work of constitution.

The constitution of India enacted or adopted on Nov. 26 1949 but it came

into force or implemented on Jan. 26 1950.

Our original constitution was having 395 articles,8 schedules and 22

parts but currently 28 parts,448 articles and12 schedules.

5
 Dr. Sachidananda sinha was nominated as acting president of the
assembly. On Dec. 11 1946 Dr.Rajendra Prasad became president and
H.C.Mukherjee became vice president.

The last session was held on Jan 24,1950. Jan 26,1950 is considered as
POORNA SWARAJ DAY.

PREAMBLE

A preamble is a brief introduction to a speech, like the Preamble to

the Constitution that starts out "We the People of the United States,
in Order to form a more perfect Union...do ordain and establish this
Constitution." Preamble comes from the Latin preambles which
means "walking before."

Meaning

The preamble can be referred to as the preface which highlights the

entire Constitution. It was adopted on 26 November 1949 by
the Constituent Assembly and came into effect on 26 January 1950,
celebrated as the Republic day in India.

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India

into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to
secure to all its citizens
JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and
integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this 26th day of November, 1949, do
HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION.

6
 Preamble was compared to mirror, ornament, horoscope, preface by
Munshi. The Preamble was amended only once in 1976,42nd amendment
during Indira Gandhi period.

FUNDAMENTAL RIGHTS:

Fundamental rights are guaranteed by constitutional law of the country

and it is considered as justiciable rights. Fundamental rights are
embodied in part III(12 -35) of the constitution. There are 6 fundamental
rights.

1. Right to equality(Articles. 14-18)

2. Right to freedom (Articles. 19-22)
3. Right against exploitation (Articles. 23-24)
4. Right to freedom of religion (Articles. 25-28)
5. Cultural and Educational Rights (Articles. 29-30), and
6. Right to constitutional remedies (Articles. 32-35)
1. The right to equality includes equality before the law, the prohibition
of discrimination on grounds of religion, race, caste, gender or place of
birth, equality of opportunity in matters of employment, the abolition of
untouchability and abolition of titles.
2. The right to freedom includes freedom of speech and expression,
assembly, association or union or cooperatives, movement, residence,
and right to practice any profession or occupation.
3. The right against exploitation prohibits all forms of forced labour, child
labour and trafficking of human beings.
4. The right to freedom of religion includes freedom of conscience and
free profession, practice, and propagation of religion, freedom to
manage religious affairs, freedom from certain taxes and freedom from
religious instructions in certain educational institutes.
5. Cultural and educational rights preserve the right of any section of
citizens to conserve their culture, language or script, and right of
7
minorities to establish and administer educational institutions of their
choice.
6. The right to constitutional remedies is present for enforcement of
fundamental rights. The right to privacy is an intrinsic part of Article 21
(the Right to Freedom) that protects the life and liberty of the citizens.
44th amendment of 1976 sec 300(A) made the right to property as a legal
right under article 31.

Fundamental duties:

These are defined as the moral obligations of all citizens to help promote
a spirit of patriotism and to uphold the unity of India and concern the
individuals and the nation. Included in Part IVA of the Constitution, like
the Directive Principles, they are not enforceable by the law. According to
the constitution, following are the duties to be followed by every citizen of
India

 To abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem.
 To cherish and follow the noble ideals which inspired our national
struggle for freedom.
 To uphold and protect the sovereignty, unity, and integrity of India.
 To defend the country and render national service when called upon to
do so.
 To promote harmony and the spirit of common brotherhood amongst
all the people of India transcending religious, linguistic and regional or
sectional diversities; to renounce practices derogatory to the dignity of
women.
 To value and preserve the rich heritage of our composite culture.
 To protect and improve the natural environment including forests,
lakes, rivers, wildlife and to have compassion for living creatures.

8
 To develop the scientific temper, humanism and the spirit of inquiry
and reform.
 To safeguard public property and to abjure violence.
 To strive towards excellence in all spheres of individual and collective
activity, so that the nation constantly rises to higher levels of endeavor
and achievement.
 Who is a parent or guardian, to provide opportunities for education to
his child, or as the case may be, ward between the age of six to fourteen
years.
 According to the 86th constitutional amendment in 2002, it is the duty
of the people of India to adapt to make India a safer place to live, to be
clean and make the surrounding clean and not to hurt anybody
physically and mentally.

DPSP[Directive Principle of State Policy]

These are non justiciable rights. The Directive Principles of State
Policy (DPSP) are the guidelines or principles given to the federal
institutes governing the state of India, to be kept in citation while
framing laws and policies. These provisions, contained in Part
IV (Article 36–51) of the Constitution of India, are not enforceable by
any court, but the principles laid down there in are not considered in the
governance of the country, making it the duty of the State[1]to apply
these principles in making laws to establish a just society in the country.
The principles have been inspired by the Directive Principles given in
the Constitution of Ireland which are related to social justice, economic
welfare, foreign policy, and legal and administrative matters.
Directive Principles are classified under the following categories
economic and socialistic, political and administrative, justice and legal,
environmental, protection of monuments, peace and security.

Features of Indian Constitution:

 Lengthiest written constitution.

 Bulkiest constitution
 Preamble is mirror reflection of our constitution.
9
 Fundamental rights are considered as Magna Carta.
 Fundamental duties are borrowed from USSR.
 Single citizenship
 Independency of judiciary
 Fundamental rights & preamble are borrowed from USA
 Article-17 deals with untouchability.
 Art.-21 is right to live.
 Parliamentary govt. & single citizen from Britain.
 7 states are following bicameralism system.
 Impeachment of President borrowed from USA.
 Federation is borrowed from Canada.
 Concurrent list from Australia.

10
Unit 2:Union Government and its Administration

Government of India

Structure of Government of India

The Government in India or the central or the union government is divided into
three main sections namely the executive, legislature and the judiciary shown as
under. The responsibility of each section of the government is also mentioned
along.

Government of India (Central/Union Government)

Executive consists of:
1. President
2. Vice President
3. Cabinet Ministers

Legislature or Parliament Legislature consists of:

1. Lok Sabha +Rajya Sabha

2. Prime minister (MP)

Judiciary consists of:

1.Supreme Court of India Responsibility

Federalism:

Federalism in India describes the distribution of legal authority across national,

state and local governments in India. It is embedded from the Canadian model of
federalism.
The Constitution of India establishes a federal structure to the Indian government,
declaring it to be a "Union of States". Part XI of the Indian constitution specifies
the distribution of legislative, administrative and executive powers between the
Central government and the States of India. The legislative powers are
categorised under a Union List, a State List and a Concurrent List, representing,
respectively, the powers conferred upon the Union government, those conferred
upon the State governments and powers shared among them.
11
This federalism is asymmetric in that the devolved powers of the constituent units
are not all the same. The state of Jammu and Kashmir was accorded a higher
degree of autonomy than other States under Article 370. Union
Territories are unitary type, directly governed by the Union government. Article 1
(1) of the constitution stipulates two tier-governance with an additional local
elected government. Delhi and Puducherry were accorded legislatures under
Article 239AA and 239A, respectively.
The fundamental rights of citizens vary by state per Article 31 (B), as changes are
added to Constitution schedule IX by constitutional amendments.

Legislative powers
The division of powers are defined by the constitution and the legislative powers
are divided into three lists
1st Union List
Union List consists of 100 items (earlier 97) on which the parliament has exclusive
power to legislate including: defense, armed forces, arms and ammunition, atomic
energy, foreign affairs, war and peace, citizenship, extradition, railways, shipping
and navigation, airways, posts and telegraphs, telephones, wireless and
broadcasting, currency, foreign trade, inter-state trade and commerce, banking,
insurance, control of industries, regulation and development of mines, mineral and
oil resources, elections, audit of Government accounts, constitution and
organisation of the Supreme Court, High courts and union public service
commission, income tax, custom duties and export duties, duties of excise,
corporation tax, taxes on capital value of assets, estate duty and terminal taxes.

State li State List consists of 61 items (earlier 66 items). Uniformity is desirable but
not essential on items in this list: maintaining law and order, police forces,
healthcare, transport, land policies, electricity in the state, village administration,
etc. The state legislature has exclusive power to make laws on these subjects. In
certain circumstances, the parliament can make laws on subjects mentioned in
the State List, but to do so the Rajya Sabha (Council of States) must pass a
resolution with a two-thirds majority that it is expedient to legislate in the national
interest.
Though states have exclusive powers to legislate with regards to items on the
State List, articles 249, 250, 252, and 253 mention situations in which the Union
government can legislate.

12
Concurrent List
Concurrent List consists of 52 (earlier 47) items. Uniformity is desirable but not
essential on items in this list. The list mentions: marriage and divorce, transfer of
property other than agricultural land, education, contracts, bankruptcy and
insolvency, trustees and trusts, civil procedure, contempt of court, adulteration of
foodstuffs, drugs and poisons, economic and social planning, trade unions, labour
welfare, electricity, newspapers, books and printing press NS stamp duties

PRESIDENT:ROLE,POWER AND POSITION

The President of India is the Head of State of India, and the Commander-in-chief of the
Indian Armed Forces. He is a titular head with certain powers. With the Presidential
elections fast approaching, here is a recap of the role of the President of India.
Powers
The President of India, the First Citizen of India, has the following powers:
Executive Powers
As per Article 53 of the Constitution of India, the President has the following executive
powers:
 A right to be informed of all of the nation’s affairs.
 Powers to appoint and remove high Constitutional authorities, including the prime
minister and the council of ministers.
 Appointments of the judges of the Supreme Court and the High Courts, the state
governors, the attorney general, the comptroller and auditor general (CAG), and the chief
commissioner and members of the election commission are made in his name.
Legislative Powers
 The President is always the first to address the Parliament during the budget session.
 In case of a deadlock in legislation process between the two houses of Parliament, the
President summons a joint session to break the impasse.
 Presidential sanction is mandatory for a legislation such as creating a new state, or
changes in the boundary of existing states, or a change in the name of a state.
 Legislation dealing with fundamental rights under the Constitution require the President’s
consent.
 Money bills introduced in the Lok Sabha require the President’s consent.
 All bills passed by Parliament need the President’s consent before becoming law.
 The President is responsible for promulgating ordinances or emergent legislation during
Parliament’s recess.
 He nominates the members to both the Houses.
Military Powers
As the Supreme Commander of the Indian Armed Forces the President plays the following
role:
 All officers’ appointments are made by him or her, including that of the chiefs.
13
 The country declares war in the name of the President.
 The country also concludes peace in the name of the President
Diplomatic roles
The President of India plays a vital role in maintaining diplomatic and cordial relationships
with other countries across the globe.
 The country’s ambassadors and high commissioners are his representatives in foreign
land.
 He also receives the credentials of diplomatic representatives of foreign countries.
 The President also negotiates treaties and agreements with other nations prior to
ratification by Parliament.
Judicial powers

The President has the privilege of judicial powers.

 He rectifies judicial errors
 Has the power to grant pardons and reprieves from punishment.
 The President can also seek the opinion of the supreme court on legal and Constitutional
matters and on matters of national and people’s interest.
Financial Roles
 The Contingency Fund of India is at the disposal of the President of India.
 He causes the presentation of audit reports before Parliament.
 He also receives the report of the finance commission and acta on its recommendations.
Emergency Powers
The Constitution of India envisages three kinds of emergency powers on the President.
 During any national emergency which puts the country’s security at peril, either from
external aggression or armed rebellion within, the President has the power to declare a
state of emergency. The President’s Rule is then established in the state. However, such
emergency has to be recommended by the Prime Minister and the cabinet.
 The President can declare a State emergency based on political emergency due to
Constitutional or law and order breakdown. The Governor’s Rule is then established in
the state.
 The President has the power to intervene when the financial stability of the country or
any state is seriously affected. The President has the power to direct a state government
to observe prudence in public expenditure.
Some Interesting Facts
 The President can only recommend to the council of minister in matters such as invoking
the Article 356. If the bill is sent back, the President has to accept it.
 The financial emergency powers of the President have never been put to test ever in the
last six decades.
 The First National Emergency was declared in 1962 by President Sarvepalli
Radhakrishnan, during the Sino-Indian War. The emergency lasted through the end of
the Indo-Pakistani War of 1965 and up to 1968.
14
 During 2005, President’s rule was imposed in Bihar state, misusing Article 356
unconstitutionally to prevent the democratically elected state legislators to form a
government after the state elections.
 The President of India receives a salary of Rs 1.5 lakh. Everything that the President does
or wants to do is taken care of by the annual Rs 225 million budget that the Government
allots for his or her upkeep.
 Rashtrapati Bhavan, the President’s official residence, is the largest Presidential Palace
in the world.
 The President has official retreats at the Rashtrapati Nilayam at Bolarum, Hyderabad and
Retreat Building at Chharabra, Shimla.
 The official state car of the President is a custom-built heavily armoured Mercedes Benz
S600 (W221) Pullman Guard.
 The former presidents and spouses of deceased Presidents are eligible for pension,
furnished accommodation, security, and various other allowances.

PRIME MINISTER: ROLE, POWER, POSITION

About Prime Minister of India
The Prime Minister of India is the head of the executive branch of the
Government of India. His position is distinct from that of the President of
India, who is the head of the State. As India follows a parliamentary system
of government modelled after the Westminster system, most of the
executive powers are exercised by the Prime Minister. He acts as an advisor
to the President and is the leader of the Council of Ministers. The President
appoints the Prime Minister of India and on his advice, appoints the Council
of Ministers. The Prime Minister can be a member of either the Lok Sabha or
the Rajya Sabha.

Roles and Responsibilities of Prime Minister

The roles and responsibilities of the Prime Minister are as follows:

15
Link between President and Council of Ministers:
The Prime Minister is the leader of the Council of Ministers and serves as the
channel of communication between the President and the Council of
Ministers. It is his duty to communicate to the President all the decisions
taken by the Council of Ministers and to provide information regarding
administration of the Union or proposals for the legislature as called for by
the President.

Allocation of Portfolios:
He allocates portfolios among the ministers and distributes work among
various ministries and offices. The Prime Minister coordinates work among
various ministries and departments through the Cabinet Secretariat.

In-Charge of Ministries:
Prime Minister also retains certain portfolios that are not allocated to other
ministers. He is generally in charge of the following ministries/departments:

Powers/Authorities of Prime Minister

The various powers and authorities enjoyed by the Prime Minister are as follows:

Head of the Government:

The Prime Minister of India is the head of the Government. Though the President
is the head of the State, most of the executive decisions are taken by the Prime
Minister. All the important decision-making bodies in India, like the Union Cabinet
and the Planning Commission, run under his supervision.

16
Leader of the Council of Ministers:
As far as the Prime Minister’s relation to the Council of Ministers is concerned, his
position is that of “First among Equals”. In the case of death or resignation of the
Prime Minister, the entire Council of Ministers has to resign. The ministers directly
report to the Prime Minister. He can also remove a minister by asking for his
resignation or having him dismissed by the President. If any difference of opinion
arises between the Prime Minister and any other minister, the opinion of the Prime
Minister prevails.

Leader of the Parliament:

The Prime Minister is the Leader of the House to which he belongs. He can also
take part in debates in the House of which he is not a member. He can also advise
the President to dissolve the Lok Sabha.

Selection Process of Prime Minister

The Constitution states that the President of India should appoint the leader of the
party or alliance which is in majority in the Lok Sabha as the Prime Minister of
India. In case no party or alliance enjoys majority, the President appoints the
leader of the largest party or alliance as the Prime Minister. But he has to win the
confidence vote in the Lower House of the Parliament as early as possible. A
member of either the Lok Sabha or the Rajya Sabha can be appointed as the Prime
Minister. If he is not a member of either House of the Parliament then he has to be
elected to either House within six months of his appointment. As the Prime
Minister, he is the Leader of the House of which he is a member.

Term and Retirement Age of Prime Minister

Unlike the President, the Prime Minister does not have a fixed tenure. The full term
of the Prime Minister is five years, which coincides with the normal life of the Lok
Sabha. However, the term can end sooner if he loses the vote of confidence in the
Lower House. So, it can be said that he remains in power as long as he enjoys the

17
 confidence of the Lok Sabha. The Prime Minister can also resign by writing to the
President.

There are no term limits on the office of the Prime Minister. There is also no
official retirement age.

Eligibility Criteria to become Prime Minister of India

To be eligible for the position of the Prime Minister of India, a person should:

 Be a citizen of India.
 Be a member of either the Lok Sabha or the Rajya Sabha.
 Complete 25 years of age if he is a member of the Lok Sabha or 30 years if he is a
member of the Rajya Sabha.
A person cannot be the Prime Minister of India if he holds any office of profit
under the Government of India, the government of any state, or any local or
other authority subject to the control of any of the said governments.

Union Council of Ministers

The Union Council of Ministers exercises executive authority in the Republic of
India. It consists of senior ministers, called 'cabinet ministers', junior ministers,
called 'ministers of state' and, rarely, deputy ministers.
It is led by the Prime Minister. A smaller executive body called the Union
Cabinet is the supreme decision-making body in India. Only the prime minister
and ministers of the rank of cabinet minister are members of Union Cabinet in
accordance with Article 75.

18
Appointment
Pursuant to Article 75, a minister who works at the pleasure of president, is
appointed by the president on the advice of the prime minister.

Removal

 Upon death
 Upon self resignation
 Upon dismissal by the President for minister's unconstitutional acts per Article
75(2).
 Upon direction from the Judiciary for committing violation of law.
 Upon ceasing eligibility to be a member of Parliament.

Cabinet Secretariat (India)

The Cabinet Secretariat is responsible for the administration of the Government
of India. It functions from the Secretariat Building, New Delhi, where most of
the Cabinet of India sits. It comprises a set of two buildings on opposite sides
of Rajpath which are home to some of the most important ministries of the
Government of India, situated on Raisina Hill, New Delhi, India

The Cabinet Secretariat is responsible for the administration of the Government of

India (Transaction of Business) Rules, 1961 and the Government of India
(Allocation of Business) Rules 1961, facilitating a smooth transaction of business
in Ministries/ Departments of the Government by ensuring adherence to these
rules. The Secretariat assists in decision-making in Government by ensuring Inter-
Ministerial coordination, ironing out differences amongst Ministries/ Departments
and evolving consensus through the instrumentality of the standing/ad hoc
Committees of Secretaries.

The Cabinet Secretary is the ex-officio head of the Civil Services Board, the
Cabinet Secretariat, the Indian Administrative Service (IAS) and head of all civil
services under the rules of business of the Government.
The Cabinet Secretary is generally the senior-most officer of the Indian
Administrative Service. The Cabinet Secretary ranks 11th on the Indian Order of
Precedence. The Cabinet Secretary is under the direct charge of the Prime
Minister. Though there is no fixed tenure, the office-bearer's tenure can be
extended.

19
Before the adoption of the portfolio system in the Government of India, all
governmental business was disposed of by the Governor-General-in Council
(earlier name of Cabinet Secretariat), the Council functioning as a joint
consultative board. As the amount and complexity of business of the Government
increased, the work of the various departments was distributed amongst the
members of the Council: only the more important cases were dealt with by the
Governor-General or the Council collectively.
The Cabinet Secretariat is under the direct charge of the Prime Minister. When
any policy is made in the Cabinet Secretariat there must be signature of Prime
Minister and Cabinet Secretary of India. The Prime Minister of India is the Head of
the Union (Federal) Government, as distinct from the President of India, who is
the Head of State. Since India has adopted the Westminster model of
constitutional democracy, it is the Prime Minister who oversees the day-to-day
functioning of the Union (Federal) Government of India.
The Prime Minister is assisted in this task by his Council of Ministers, comprising
Cabinet Ministers, Ministers of State with Independent Charge, Ministers of State
who work with Cabinet Ministers, and Deputy Ministers.

Rajya Sabha
The Rajya Sabha or Council of States is the upper house of
the bicameral Parliament of India. It currently has a maximum membership of 245,
of which 233 are elected by the legislatures of the states and union territories
using single transferable votes through Open Ballot while the President can
appoint 12 members for their contributions to art, literature, science, and social
services. Members sit for staggered terms lasting six years, with elections every
year but almost a third of the 233 designates up for election every two years,
specifically in even-numbered years. The Rajya Sabha meets in continuous
sessions, and unlike the Lok Sabha, being the lower house of the Parliament, the
Rajya Sabha, which is the upper house of Parliament, is not subjected to
dissolution. However, the Rajya Sabha, like the Lok Sabha can be prorogued by
the President.

20
Qualifications
Article 84 of the Constitution lays down the qualifications for membership of
Parliament. A member of the Rajya Sabha must:

 Be a citizen of India.
 Make and subscribe before some person authorized in that behalf by
the Election Commission an oath or affirmation according to the form set out
for the purpose in the Third Schedule to the Constitution.
 Be at least 30 years old.
 Be elected by the Legislative Assembly of States and Union territories by
means of Single transferable vote through Proportional representation.
 Not be a proclaimed criminal.
 Not be a subject of insolvent, i.e. he/she should not be in debt that he/she is
not capable of repaying in a current manner and should have the ability to
meet his/her financial expenses.
 Not hold any other office of profit under the Government of India.
 Not be of unsound mind.
 Possess such other qualifications as may be prescribed in that behalf by or
under any law made by Parliament.
In addition, twelve members are nominated by the President of India having
special knowledge in various areas like arts and science. However, they are not
entitled to vote in Presidential elections as per Article 55 of the Constitution.

Limitations
The Constitution of India places some restrictions on the Rajya Sabha which
makes the Lok Sabha more powerful in certain area.

Money bill
The definition of a money bill is given in article 110 of constitution of India. A
money bill can be introduced only in the Lok Sabha by a minister and only on
recommendation of President of India. When the Lok Sabha passes a money bill
then the Lok Sabha sends money bill to the Rajya Sabha for 14 days during which
it can make recommendations. Even if Rajya Sabha fails to return the money bill
in 14 days to the Lok Sabha, that bill is deemed to have passed by both the
Houses. Also, if the Lok Sabha rejects any (or all) of the amendments proposed
by the Rajya Sabha, the bill is deemed to have been passed by both Houses of
Parliament of India in the form the Lok Sabha finally passes it. Hence, Rajya
Sabha can only give recommendations for a money bill but Rajya Sabha cannot
amend a money bill. This is to ensure that Rajya Sabha must not add any non
21
money matters in money bill. There is no joint sitting of both the houses with
respect to money bills, because all final decisions are taken by the Lok Sabha.

Joint Sitting of the Parliament

Article 108 provides for a joint sitting of the two Houses of Parliament in certain
cases. A joint sitting can be convened by the President of India when one house
has either rejected a bill passed by the other house, has not taken any action on a
bill transmitted to it by the other house for six months, or has disagreed to the
amendments proposed by the Lok Sabha on a bill passed by it. Considering that
the numerical strength of Lok Sabha is more than twice that of Rajya Sabha, Lok
Sabha tends to have a greater influence in a joint sitting of Parliament. A joint
session is chaired by the Speaker of Lok Sabha. Also, because the joint session is
convened by the President on advice of the government, which already has a
majority in Lok Sabha, the joint session is usually convened to get bills passed
through a Rajya Sabha in which the government has a minority.
Joint sessions of Parliament are a rarity, and have been convened three times in
last 71 years, for the purpose of passage of a specific legislative act, the latest
time being in 2002:

 1961: Dowry Prohibition Act, 1958

 1978: Banking Services Commission (Repeal) Act, 1977
 2002: Prevention of Terrorism Act, 2002

No-confidence motion
Unlike the Lok Sabha, a member of the Rajya Sabha cannot bring to the house
a no-confidence motion against the government.

Powers
In the Indian federal structure, the Rajya Sabha is a representative of the States in
the Union legislature (hence the name, Council of States). For this reason, the
Rajya Sabha is granted powers that protect the rights of States against the Union.
Union-state relations
The Constitution empowers the Parliament of India to make laws on the matters
reserved for States. However, this can only be done if the Rajya Sabha first
passes a resolution by a two-thirds supermajority granting such a power to the
Union Parliament. The union government cannot make a law on a matter reserved
for states without any authorisation from Rajya Sabha.

22
Creation of All-India Services
The [Rajya Sabha], by a two-thirds supermajority can pass a resolution
empowering the Government of India to create more All-India Services common to
both Union and States, including a judicial service and an escort service.
Composition
As per the Fourth Schedule to the Constitution of India on 26 January 1950,
the Rajya Sabha was to consist of 216 members of which 12 members were to be
nominated by the President and the remaining 204 elected to represent the
States.] The present strength, however, is 245 members of whom 233 are
representatives of the states and union territories and 12 are nominated by the
President. The 12 nominated members of the Rajya Sabha are persons who are
eminent in particular fields, and are well known contributors in the particular field.

Lok Sabha
The Lok Sabha or House of the People is the lower
house of India's bicameral Parliament, with the upper house being the Rajya
Sabha. Members of the Lok Sabha are elected by adult universal suffrage and
a first-past-the-post system to represent their respective constituencies, and they
hold their seats for five years or until the body is dissolved by the President on the
advice of the council of ministers. The house meets in the Lok Sabha Chambers
of the Sansad Bhavan in New Delhi.
The maximum strength of the House allotted by the Constitution of India is 552.
Currently, the house has 545 seats which is made up by the election of up to 543
elected members and at a maximum, 2 nominated members of the Anglo-
Indian Community by the President of India. A total of 131 seats (24.03%) are
reserved for representatives of Scheduled Castes (84) and Scheduled Tribes (47)

Qualifications
Article 84 (under Part V. — The Union) of Indian Constitution sets qualifications
for being a member of Lok Sabha, which are as follows:

1. He / She should be a citizen of India, and must subscribe before the Election
Commission of India an oath or affirmation according to the form set out for
the purpose in the Third Schedule of Indian Constitution.
2. He / She should not be less than 25 years of age.
3. He / She possesses such other qualifications as may be prescribed in that
behalf by or under any law made by Parliament.
4. He / She should not be proclaimed criminal i.e. they should not be a convict,
a confirmed debtor or otherwise disqualified by law; and

23
 5. He / She should have his/her name in the electoral rolls in any part of the
country.
However, a member can be disqualified of being a member of Parliament:

1. If he / she holds office of profit;

2. If he / she is of unsound mind and stands so declared by a competent court
3. If he / she is an undischarged insolvent;
4. If he / she is not a citizen of India, or has voluntarily acquired the citizenship
of a foreign State, or is under any acknowledgment of allegiance or
adherence to a foreign State;
5. If he / she is violating party discipline (as per Tenth schedule of the
constitution); disqualified under Representation of People Act.
A seat in the Lok Sabha will become vacant in the following circumstances (during
normal functioning of the House):

1. When the holder of the seat, by writing to the speaker, resigns.

2. When the holder of the seat is absent from 60 consecutive days of
proceedings of the House, without prior permission of the Speaker.
3. When the holder of the seat is subject to any disqualifications mentioned in
the Constitution or any law enacted by Parliament.
4. A seat may also be vacated when the holder stands disqualified under the
'Anti-Defection Law'.
Furthermore, as per article 101 (Part V.—The Union) of the Indian Constitution, a
person cannot be:

1. A member of both Houses of Parliament and provision shall be made by

Parliament by law for the vacation by a person who is chosen a member of
both Houses of his seat in one House or the other.
2. A member both of Parliament and of a House of the Legislature of a State.

System of elections in Lok Sabha

Members of the Lok Sabha are directly elected by the people of India, on the
basis of Universal Suffrage. Elections are by the people directly to the Lok Sabha
and each state is divided into territorial constituencies under two provisions of the
Constitution:

1. Each state "is" (See Note 1) allotted a number of seats in the Lok Sabha in
such a manner that the ratio between that number and its population was as
close to uniform as possible. This provision does not apply for states having

24
 a population of less than 6 million (60 lakhs). The number of seats per state
has been frozen under the constitutional amendment of 1976.
2. Each state is divided into territorial constituencies in such a manner that the
ratio between the population of each constituency and the number of seats
allotted to it (in each case, one) remain the same throughout the state. This
principle is upheld by the boundary reviews mentioned above.
Notes:

1. The expression "population" while distributing seats among states refers to

the population ascertained at the census of 1971, per the Constitutional
Amendment of 1976.
2. The expression "population" while distributing constituencies within a state
refers to the population ascertained at the census of 2011.

Powers
The Lok Sabha has certain powers that make it more powerful than the Rajya
Sabha.

 Motions of no confidence against the government can be introduced and

passed in the Lok Sabha. If passed by a majority vote, the Prime Minister and
the Council of Ministers resign collectively. The Rajya Sabha has no power
over such a motion, and hence has no real power over the executive. This is
because the Constitution of India has only made the Union Council of ministers
responsible to the Lok Sabha, not to the Rajya Sabha.

 Money bills can only be introduced in the Lok Sabha, and upon being passed,
are sent to the Rajya Sabha, where it can be deliberated on for up to 14 days.
If not rejected by the Rajya Sabha, or 14 days lapse from the introduction of
the bill in the Rajya Sabha without any action by the House, or
recommendations made by the Rajya Sabha are not accepted by the Lok
Sabha, the bill is considered passed. The budget is presented in the Lok
Sabha by the Finance Minister in the name of the President of India.
 In matters pertaining to non-financial (ordinary) bills, after the bill has been
passed by the House where it was originally tabled (Lok Sabha or Rajya
Sabha), it is sent to the other house, where it may be kept for a maximum
period of 6 months. If the other House rejects the bill or a period of 6 months
elapses without any action by that House, or the House that originally tabled
the bill does not accept the recommendations made by the members of the
other house, it results in a deadlock. This is resolved by a joint session of both
Houses, presided over by the speaker of the Lok Sabha and decided by
a simple majority. Though the Constitution has placed both houses on the
25
 same footing in this regard, in reality it is the Lok Sabha's opinions that mostly
prevails—due to its bigger numerical strength.
 Equal Powers with the Rajya Sabha in initiating and passing any Bill for
Constitutional Amendment (by a majority of the total membership of the House
and at least two-thirds majority of the members present and voting).
 Equal Powers with the Rajya Sabha in initiating and passing a motion for
the impeachment of the President (by two-thirds of the membership of the
House).
 Equal Powers with the Rajya Sabha in impeachment process (initiating and
passing a motion for the removal) of the judges of the Supreme Court and the
state High Courts (by a majority of the membership of the House and at least
two-thirds majority of the members present and voting), who then can be
removed by the President of India.
 Equal Powers with the Rajya Sabha in initiating and passing a resolution
declaring war or national emergency (by two-thirds majority) or constitutional
emergency (by simple majority) in a state.
 If the Lok Sabha is dissolved before or after the declaration of a National
Emergency, the Rajya Sabha becomes the sole Parliament. It cannot be
dissolved. This is a limitation on the Lok Sabha. But there is a possibility that
president can exceed the term to not more than 1 year under the proclamation
of emergency and the same would be lowered down to six-month if the said
proclamation ceases to operate.
In conclusion, it is clear that the Lok Sabha is more powerful than the Rajya
Sabha in almost all matters. Even in those matters in which the Constitution has
placed both Houses on an equal footing, the Lok Sabha has more influence due to
its greater numerical strength. This is typical of any Parliamentary democracy,
with the lower House always being more powerful than the upper

Procedure
Procedure in the House
The Rules of Procedure and Conduct of Business in Lok Sabha and Directions
issued by the Speaker from time to time there under regulate the procedure in Lok
Sabha. The items of business, notice of which is received from the Ministers/
Private Members and admitted by the Speaker, are included in the daily List of
Business which is printed and circulated to members in advance.
Sessions and Time of Sittings
Three sessions of Lok Sabha take place in a year:

 Budget session: February to May.

 Monsoon session: July to September.
 Winter session: November to mid-December.
26
Unit 3: STATE GOVERNMANT AND ITS
ADMINISTRATION
Introduction:
In the Constitution of India, which is a sovereign socialist secular democratic republic, the country
has three levels of governments: the Central, the States and the Union Territories, besides the third
level of governments, comprising the panchayats in rural areas and municipalities in urban areas.
In India, the state governments are the level of government below the central government. Each
state of the country is governed by the state government. There are 29 state governments in our
country, each of which is headed by the governor and the chief minister. The CM also heads the
council of ministers.

Structure of the state government

Executive: State Executive comprises the governor and the chief minister with his council of
Ministers. The Governor of each state is appointed by the President for a period of five years.
Executive power of the state is vested in the governor. But the actual powers for proper functioning
of the state are vested in the CM and his council of ministers.
Judiciary: State high courts have jurisdiction over the whole state. In the states, the judicial setup
is headed by the chief justice. He manages and controls the entire judicial system of the state
pertaining to criminal, civil and all other forms of litigation. State high courts have to, however,
report to the Supreme Court of India, which may override the high court’s findings and judgements.
Legislature: Each state has a legislative assembly. It consists of the governor and one House or
two Houses, as the case may be. In seven states, the state government’s legislature is bicameral.
These states are Bihar, Andhra Pradesh, Telangana, Jammu and Kashmir, Karnataka, Maharashtra
and Uttar Pradesh. These states have two Houses known as legislative council and legislative
assembly. The rest of the states are unicameral. There is only one House known as legislative
assembly. State Legislature or State Assemblies are headed by the CM.
Legislature has two divisions
 
 Vidhan Parishad or Legislative Council
 Not more than one-third of total number of members or 40 members in legislative assembly of
the state, except in J&K with 36 members.
 Elected members are called Member of Legislative Council (MLC)
 Elected by Governor, MLAs, standing graduates etc.
 No MLC can be member of Cabinet of Ministers.
Vidhan Sabha or Legislative Assembly
 Not more than 500 and not less than 60 members (an exception is the Legislative Assembly of
Sikkim. It has 32 members)
 Fixed number of seats in every state.
 Different number of seats for different states
 Elected members are called Members of Legislative Assembly (MLA)
27
 Elected by the people of that state
Roles and Responsibilities of the state governments
State governments have separate departments for proper functioning of the state. States have
jurisdiction over education, agriculture, public health, sanitation, hospitals and dispensaries and
many other departments.
GOVERNOR:

The governors and lieutenant-governors/administrators of the states and union territories of India have
similar powers and functions at the state level as that of the President of India at Union level. Governors exist
in the states while lieutenant-governors exist in union territories and in the National Capital Territory of Delhi.
The governor acts as the nominal head whereas the real power lies with the Chief ministers of the states and
his/her councils of ministers.
In India, a lieutenant governor is in charge of a union territory. However, the rank is present only in the union
territories of Andaman and Nicobar Islands, Delhi and Puducherry (the other territories have an administrator
appointed, who is an IAS officer or a retired judge of a court ). However, the governor of Punjab acts as the
administrator of Chandigarh. Although lieutenant-governors do not hold the same rank as a governor of a
state in the list of precedence.
The governors and lieutenant-governors are appointed by the president for a term of five years.

Qualifications
Article 157 and Article 158 of the Constitution of India specify eligibility requirements for the post of governor.
They are as follows:
A governor must:

 be a citizen of India.
 be at least 35 years of age.
 not be a member of the either house of the parliament or house of the state legislature.
 not hold any office of profit.

Powers and functions

The primary function of the governor is to preserve, protect and defend the constitution and the law as
incorporated in his/her oath of office under Article 159 of the Indian constitution in the administration of the
State affairs. All his/her actions, recommendations and supervisory powers (Article 167c, Article 200, Article
213, Article 355, etc.) over the executive and legislative entities of a State shall be used to implement the
provisions of the Constitution. In this respect, the governor has many different types of powers:

 Executive powers related to administration, appointments and removals,

 Legislative powers related to lawmaking and the state legislature, that is Vidhan Sabha or Vidhan
Parishad,
 Discretionary powers to be carried out according to the discretion of the governor

Executive powers
The Constitution vests in the governor all the executive powers of the state government. The governor
appoints the chief minister, who enjoys the support of the majority in the Legislative Assembly. The governor

28
also appoints the other members of the Council of Ministers and distributes portfolios to them on the advice of
the chief minister.
The Council of Ministers remain in power during the 'pleasure' of the governor, but in the real sense it means
the pleasure of obtaining majority in the Legislative Assembly. As long as the majority in the Vidhan Sabha
supports the government, the Council of Ministers cannot be dismissed.
The governor appoints the chief minister of a state. He or she also appoints the Advocate General and the
chairman and members of the State Public Service Commission. Apart from this, State Election
Commissioner are also appointed by the Governor (though removed by the President).
The president consults the governor in the appointment of judges of the High Courts and the governor
appoints the judges of the District Courts. All administrations are carried on his or her name, he or she also
has the power to appoint staff for his tenure in class one and class four as per constitution of India.
The Governor of the state by virtue of his office is also the Chancellor of most of the Universities in the
State.[1] The dignity and impartiality of the office of the Chancellor puts the Governor in a unique position with
regard to protecting the autonomy of the Universities and saving them from undue political interference. The
Governor as Chancellor of University also acts as President of the Senate. He has power to direct inspection
of every component of the Universities and affiliated colleges, required due action on the result of inquiry. The
Chancellor appoints search committee for appointments of Vice Chancellor. He accords consent of warrant of
degrees and withdraw degree or distinctions both at the recommendations of the Senate. He approves or
disapproves statutes passed by the Senate and appoints teachers of the University based on
recommendation of the respective committees.

Legislative powers
The state head summons the sessions of both houses of the state legislature and prorogues them. The
governor can even dissolve the Vidhan Sabha. These powers are formal and the governor while using these
powers must act according to the advice of the Council of Ministers headed by the Chief Minister.
The governor inaugurates (to dedicate) the state legislature by addressing it after the assembly elections and
also at the beginning of the first session every year. The governor's address on these occasions generally
outlines new policies of the state government. A bill that the state legislature has passed, can become a law
only after the governor gives assent. The governor can return a bill to the state legislature, if it is not a money
bill, for reconsideration. However, if the state legislature sends it back to the governor for the second time, the
governor must assent to it. The governor has the power to reserve certain bills for the president.
When the state legislature is not in session and the governor considers it necessary to have a law, then the
governor can promulgate ordinances. These ordinances are submitted to the state legislature at its next
session. They remain valid for no more than six weeks from the date the state legislature is reconvened
unless approved by it earlier.
Governor is empowered under Article 192 to disqualify a member of a House of the State legislature when the
election commission recommends that the legislator is no longer complying with provisions of Article 191.
Per Articles 165 and 177, Governor can ask the Advocate General to attend the proceedings of both houses
of the state legislature and report to him any unlawful functioning if any.

Financial powers
He causes to be laid before the State Legislature the annual financial statement which is the State Budget.
Further no demand for grant shall be made except on his recommendation. He can also make advances out
of the Contingency Fund of the State to meet any unforeseen expenditure. Moreover, he constitutes the
Finance Commission of state.

Discretionary powers
The governor can use these powers:

 When no party gets a clear majority, the governor can use his discretion in the selection of chief
ministerial candidate to prove the majority as soon as possible.

29
 He submits reports on his own to the president or on the direction of the president regarding the affairs of
the state.
 He can withhold his assent to a bill and send it to the president for his approval.
 During an emergency rule per Article 353, governor can override the advice of the council of ministers if
specifically permitted by the president only.

Contingency situation
The governor has no role or powers in a contingency situation such as president's rule unless specifically
permitted by the president under articles 160, 356 and 357. The Governor is not permitted to take any
decision on his own without state cabinet advise when an elected government is in charge under the
provisions of Part VI of the constitution. Governor's rule is applicable only to Jammu and Kashmir state. It is
often used synonymous with president's rule in other states.

Removal
The term of governor's office is normally 5 years but it can be terminated earlier by:

1. Dismissal by the president (usually on the advice of the prime minister of the country) at whose
pleasure the governor holds office. Dismissal of Governors without valid reason is not
permitted However, it is the duty of the President to dismiss a Governor whose acts are upheld by
courts as unconstitutional and malafide
2. Resignation by the governor
There is no provision for impeachment, as it happens for the president.

Position of the Governor:

A review of the powers of the Governor brings out the view that he has got wide powers and is

not a constitutional ruler. However, being the head of a state which has a parliamentary system,

the Governor normally acts as a constitutional or nominal executive head the state. He carries

out all his functions on the advice of the Chief Minister and his Council of Ministers.

(1) The Areas in which the Governor can act in his Discretion:

Despite being a nominal head, the Governor has some discretionary powers. These are exercised

by him without the advice of the State Council of Ministers.

These are:

(i) When no political party is having a clear majority in the State Legislative Assembly, the

Governor can play an active and decisive role in the appointment of the Chief Minister.

(ii) The Governor can use his discretion in dismissing a ministry when the party in power loses

majority or is likely to lose majority in the state Legislative Assembly.

30
(iii) The Governor can act in his discretion in ordering or recommending to the President for a

dissolution of the state assembly. The Governor can refuse to accept the advice of a Chief

Minister for dissolving the state legislative assembly in case he feels that an alternative state

government can be formed.

(iv) The Governor depends upon his discretion in advising the President for the promulgation of

an emergency in the state. He has the power to judge as to whether there has been a break-down

of constitutional machinery in the state or not.

(2) Governor is not merely a Golden Zero:

The Governor of a state is not merely a figure head. He can exercise some powers in his

discretion, and independent of the recommendations made by the state Chief Minister.

Governor is not a superfluous highness. The Constitution, as such, makes the Governor of a

state an important factor in the state administration. Even in normal times, when he acts as the

nominal executive head of the state, he can use some discretionary powers.

(3) Governor as a Link between the Centre and the State:

The Governor acts as the link between the Union and the state. He acts as the agent of the

President in the state both when he acts as the nominal and constitutional head of the state in

normal times as well as when he acts as the real head of the state during the period of

President’s rule in the state.

It has been because of this role that at times, the Governor becomes a controversial person. He

has to simultaneously act as the agent of the Centre as well as the head of the state

administration. He can also exercise some powers in his discretion. Some State Governors have

been, at times, at the centre of some controversies.

31
Several reports of the committees constituted to define the exact role of the Governor of a state

have suggested several practical steps for guiding his multidimensional role. However till today,

the office of the Governor continues to operate as before.

The Chief Minister: Appointment, Power, Function and Position!

The Chief Minister is appointed by the governor. Art. 164 of the Constitution provides that there

shall be a Council of Ministers with the Chief Minister at its hand to aid and advise the governor.

Once the election to the Legislative Assembly is over the task of forming the government begins.

The party with the majority in the Legislative Assembly (Vidhan Sabha) is entitled to form the

government. It is upon his recommendation that ministers are appointed. However, some of the

important powers and functions of the Chief Minister are as under:

Powers and Functions of the Chief Minister:

The Chief Minister holds a pivotal position in the working of the State Government. He has

enormous powers and vast responsibilities.

1. To Aid and Advice the Governor:

The Chief Minister is the link between the Cabinet and the Governor. It is he who communicates

to the Governor all decisions of the Council of Ministers. He has to furnish such information

relating to the administration of the State as the Governor may call for.

The Governor can submit to the consideration of the Council of Ministers any matter on which

decision has been taken by a Minister but which has not been considered by the Council of

Ministers.

The Governor appoints a large number of top officials of the State. He also summons and

prorogues the sessions of State Legislature. All such powers are exercised by the Governor on

32
the advice of the Chief Minister. The Chief Minister, however, has no right to give advice to the

Governor in relation to the functions which he exercises in his discretion.

2. The Chief Minister is at the Head of the Council of Ministers:

As Head of the State Cabinet, the Chief Minister enjoys the following powers:

(i) Formation of the Ministry:

The other Ministers are appointed by the Governor on the advice of the Chief Minister. The

Chief Minister has a free hand in preparing the list of his colleagues. The Governor may suggest

the names of the persons to be included in the Ministry, but he cannot insist upon any person to

be included in the Ministry. Assigning departments or portfolios to the Ministers is done by the

Governor on the advice of the Chief Minister.

(ii) Removal of Ministers:

The Ministers hold office during the pleasure of the Governor. This, however, does not mean

that the Governor can dismiss his Ministers at his will. The Government is in fact dependent on

the Chief Minister. Therefore, the Chief Minister can reconstruct his Ministry as and when he

likes. He may ask anyone of his colleagues to resign. If he declines, he will be dismissed by the

Governor.

(iii) The Chief Minister Presides over the Meetings:

As Chairman of the Cabinet, the Chief Minister has a position which enables him to impose his

decision. It ‘is he who controls the agenda for the Cabinet meetings. It is for the Chief Minister

to accept or reject proposals for Cabinet discussion.

(iv) Co-ordinates the Working of various Departments:

The Chief Minister supervises and coordinates policies of the several Ministers and

Departments. Several ministries are involved in the formulation and implementation of a policy.

33
The Chief Minister must bring these activities into reasonable relationship with one-another. In

matters of public order, roads and bridges agriculture, land revenue and production, supply and

distribution of goods, he plays a special role in directing the policy of the Government.

3. The Chief Minister is the Leader of the House:

The Chief Minister is the leader of the State Legislative Assembly. All principal announcements

of policy are made by him. The Chief Minister intervenes in debates of general importance. He

can appease an angry House by promising immediate relief or concessions when needed.

Position of the Chief Minister:

The Chief Minister’s position is pre-eminent in the State governmental system. In practice, his

position will be imposing only when his party commands a clear majority in the State

Legislature.

When it is a coalition government, it becomes difficult to safeguard the principle of collective

responsibility also. Much of the time and energy of the Chief Minister will, in that case, be

wasted on keeping his team united and sufficiently disciplined.

State Council of Ministers:

The Constitution of India provides for a parliamentary system of government at the state level.

The Governor acts as the constitutional and nominal executive head of the state. The real

executive powers are in the hands of the State Council of Ministers headed by the Chief

Minister. The Constitution provides for each state a Council of Ministers with the Chief Minister

as its head for aiding and advising the Governor in the exercise of his functions. However, in

reality the Chief Minister and his Council of Ministers act as the real executive in the State.

34
Powers and Functions of the State Council of Ministers:

The State Council of Ministers is the real executive of the state. It exercises vast executive

powers.

(a) Formulation of State Policies:

The Council of Ministers in reality the state cabinet has the responsibility of formulating the

policies of the state. All the policies are discussed and decided upon the State Cabinet (Not by

the entire Council of Ministers.)

(b) Running of Administration:

The State Council of Ministers runs the state administration. The ministers are responsible for

this work. They do so in accordance with the policies of the government as approved and passed

by the state legislature. Their duty is to see and ensure that the administration of the state is run

in accordance with these policies. Each minister has one or more departments under his control

and he is responsible for the administration of these.

(c) Co-ordination Function:

The State Cabinet is also responsible for securing co-ordination in the working of various

governmental departments. It has the responsibility to resolve conflicts and deadlocks between

various departments. All the ministers are committed to follow the decisions of the cabinet.

(d) Appointment-making Powers:

The Cabinet makes all important appointments in the state. The appointments of the Advocate

General, Vice Chancellors or Pro-Vice Chancellors (as in case of Punjab) of the Universities in a

state, Chairman and members of the State Public Service Commission, Chairmen of various

Corporations and Boards, etc., are all made by the Governor on the advice of the Chief Minister

and his Council of Ministers.

35
(e) Role in Law-making:

Law-making is the function of the state legislature but the ministers plays a key role in this

sphere. It is the ministry which really decides the legislative agenda. Most of the bills, nearly

95%, are introduced and piloted by the ministers in the state legislature. The bills moved by the

ministers are mostly passed by the legislature because the ministry enjoys the support of the

majority. A private member bill has little chance of getting passed, unless it is supported by the

ministry.

When the state legislature is not in session, the Council of Ministers can satisfy the need for law-

making by getting ordinances issued from the Governor. These ordinances have the force of law

and can be got converted into laws from the State Legislature when it comes into session. The

Governor, summons, prorogues and dissolves the state legislature upon the advice of the Chief

Minister and his Council of Ministers. Thus, the Council of Ministers plays an important role in

law-making process.

(f) Financial Functions:

The Council of Ministers manages the finances of the state. The Cabinet really determines the

fiscal policies of the state. It formulates and implements all developmental policies and plans. It

manages the finances of the state in accordance with the policies and budget as prepared by the

State Council of Ministers and approved by the state legislature.

6. Position of the State Council of Ministers:

As the real executive, the State Council of Ministers enjoys a dominant and powerful position. It

“is the strongest and the most powerful institution in the state. It really runs the state

administration by exercising all the powers vested in the Governor of the state. However, in an

emergency under Article 356, the Governor runs the administration of the state independently

and without the help and presence of State Council of Ministers.

36
CHIEF SECRETARIAT:

While the Governor and the chief minister enjoy a constitutional status under the Constitution

of India, the chief secretary, his secretariat and state services have been created to make the

state government function on the pattern of secretariat of the Central government.

The state secretarial consists of departments of state government which are headed politically by

the ministers and administratively by the secretaries.

The chief secretary Is the head of the entire state secretariat while a secretary is a head of one or

two departments. The secretary is a senior administration officer of generalist variety. The

secretary is the secretary to the state government as a whole and not to the individual minister

concerned. The number of secretariat departments vary from state to state and may ranges from

15 to 40 departments.

State secretariat: organization

The sanctioned strength of the Secreteriat (Administration) as on 30th June 1977 is,
Secretary (One) Deputy Secretary (One) Assistant Secretary (One) Assistant Estate
Officer (One) PA to Secretary (One) Head Clerks (Three) Junior Assistants (Two) Senior
Clerks (Thirteen) Junior Clerks/Typists (Four) Receptionist (One) Librarian (One) Group
‘D’ Staff (Fourteen).

Functions:
1. General Functions:
(1) Correspondence with the Government of India and other governments;

(2) Matters involving the framing of new legal enactments or rules or amendments in the
existing ones, involving interpretation or relaxation of existing rules of government orders;
37
(3) Interdepartmental coordination;

(4) All matters of general policy;

(5) Inspection, reports and tour notes, recorded by the heads of departments;

(6) All matters relating to the preparation or adoption of new plan schemes and important
modification in the existing schemes;

(7) Review of the progress of plan schemes, both physical and financial;

(8) All-India conferences and important conferences of state level;

(9) Delegation of powers;

(10) Public Accounts Committee, Estimates Committee, assembly and parliamentary questions;

(11) Litigation notices under Section 80, CPC;

(12) Appeals, revisions, etc., within the powers of the state government; and

(13) Territorial changes and changes at headquarters.

2. Finance Related Functions:

(1) All proposals involving new items of expenditure;

(2) Sanction of expenditure from the Contingency Fund;

(3) Scrutiny and approval of development budget, estimates, major appropriation of accounts,
surrender of funds, and supplementary grants;

(4) Write-off cases beyond powers of heads of departments and audit objections regarding the
offices of heads of departments, etc.;

(5) Financial sanctions not within the competence of the heads of departments.

3. Service Related Functions:

(1) Initial appointment of officers belonging to the state service of infliction of major
punishments upon them;

(2) Creation of posts, their extensions and continuance re-employment, resignations, special
pay, allowances and pensions not within the powers of the head of department;

(3) Matters relating to senior appointments, promotions, transfers and cases of disciplinary
proceedings against gazetted officers;

38
(4) Approval of service rules and amendments thereto.

State secretariat system unlike the central secretariat system of the Union government works under a
chief secretary. The Rules of Business allocate responsibilities through standing orders which are
approved by the state cabinets. By and large all states have a uniform pattern and keep reforming it by
recommendations of committees and commissions.

The state of Orissa attached various state owned corporations to respective secretariat departments
and abolished the departments of state public undertakings and corporations. The Maharashtra state
made an inquest in the working of its secretariat in 1968 and adopted the desk system and ex offices
joint secretary system for the technical officers. State like Punjab, Andhra and Tamil Nadu borrowed
several progressive measures from central secretariat.

Innovations like group system, cell system, O&M introduction, desk office system, attach system and
officer-oriented system were experimented upon to cut on delays and improve the efficiency of the
personnel.

39
Unit 4 : LOCAL ADMINISTRATION
District’s Administration Head:

District Administration means the management of the task of government so far as it

lies within an area legally recognized as a district. According to Khera, “District
administration is the total management of public affairs within this unit.” The district is
kept under the charge of a district officer—called either Deputy Commissioner or
District Collector who acts as the eyes, ears and arms of the State Government. As
such D.C.’s task is of pivotal nature. This task is of five kinds viz., Revenue,
Magisterial, Judicial, Executive and Development. Deputy Commissioner or District
Officer is the linchpin of district administration. He is the head of the district. He is
designated as Collector in some of the states like Rajasthan and Madhya Pradesh
and Deputy Commissioner in states like Haryana and Punjab.

In some other states, where judicial powers are still vested with the Deputy
Commissioner, he is termed as the District Magistrate as well.

District Functionaries:

The functionaries look to him for help, advice and at times orders. Even the citizens
run to him for the redress of their grievances. According to the Imperial Gazetteer of
India, a Collector of strong and sympathetic character with the gift of insight may gain
the strongest hold over the affections and imagination of the peasantry and tales of
his sagacity and good deeds will be told in remote village many years after his name
has ceased to be borne on the civil list of the province. The position remains the
same today depending on dynamism of the Collector/DC and his humane and
unbiased approach to the citizens.

1. As a Collector:
A district officer is the head of the revenue department of the district. In this capacity,
he possesses power of general supervision and control of the land records and their
staff; appointment, promotion, transfer and punishment of district officials in
accordance with the standing orders of the government

40
2. As the Chief Executive of the District:
His executive powers are enormous. He is the one man to whom the district looks for
counsel, help and favours. According to S.S. Khera, an ex-I.C.S., one of the main
purposes of district administration is to maintain the district in a state of law and
order, in a state of peace. He can seek assistance from the police for maintaining
peace and order in the district.

3. As a Judicial Officer:
As a District Magistrate, he not only performs executive duties but also discharges
judicial duties. He is to see that justice is done and that rule of law prevails. As a first
class magistrate, he enjoys original and appellate jurisdiction in criminal cases.
Appeals from the second and third class magistrates can be carried to him.

He supervises the subordinate magistrates including those working honorarily. If he

considers an acquittal not justified or a punishment inadequate, he may advise the
government to file an appeal to the High Court.

4. Supervision of the Local Bodies:

He is entrusted with the functions of supervising and controlling the working of local
bodies in the District, viz., District Boards, Village Panchayats, Municipal
Committees, etc. According to Palande, “He has also to see that in matters of
sanitation proper steps are taken by the local bodies particularly on the outbreak of
epidemics.”

5.As Returning Officer:

The Collector is the Returning Officer for elections to Parliamentary and Vidhan
Sabha Constituencies and is responsible for effecting coordination of election work at
district level.

6. Miscellaneous Functions:
Besides the functions stated in the preceding paragraphs, he exercises a few other
functions of no mean significance.

41
They are:
(i) To exercise superintendence over all other branches of district administration even
though they are not directly placed under his charge.

(ii) To supervise the working of jails, reformatories, lunatic asylums and poor houses
in the district.

(iii) To remain in touch with the working of the departments headed by other district
officials as Executive Engineer, the Civil Surgeon, the Forest Officer, the Health
Officer and the District Inspector of School.

(iv) To decide general policy on behalf of the government on such matters as local
festivals, processions and conflict of interests between communities.

Muncipalities:

A municipality is usually a single administrative division having corporate status and powers of
self-government or jurisdiction as granted by national and regional laws to which it is
subordinate. It is to be distinguished (usually) from the county, which may
encompass rural territory or numerous small communities such as towns, villages and hamlets.
The term municipality may also mean the governing or ruling body of a given municipality.[1] A
municipality is a general-purpose administrative subdivision, as opposed to a special-purpose
district.
The term is derived
from French municipalité and Latin municipalis.[2] The English word municipality derives from
the Latin social contract municipium(derived from a word meaning "duty holders"), referring to
the Latin communities that supplied Rome with troops in exchange for their own incorporation
into the Roman state (granting Roman citizenship to the inhabitants) while permitting the
communities to retain their own local governments (a limited autonomy).
The Municipal Corporation consists of a committee which includes a Mayor with Councillors.
The Corporations provide necessary community services to the Metropolitan Cities and are
formed under the Corporation Act of 1835 of Panchayati Raj system. The Mayor heads the
Municipal Corporation. The corporation remains under the charge of Municipal Commissioner.
The Executive Officers along with the Mayor and Councillors monitor and implement the
programs related to planning the development of the corporation. The number of Councillors
also depends upon the area and population of the city. In India, the four metropolitan cities;
Delhi, Mumbai, Kolkata and Chennai, have the largest corporations.

42
 Qualification for contesting Municipal Corporation elections
A person can contest elections for Municipal Corporation if he/she fulfills the
following criteria:

 She/he must be a citizen of India

 She/he must have attained the age of 21 years
 His/her name is registered in the Electoral Roll of a ward
 She/he is not earlier disqualified for contesting Municipal Corporation elections.
 She/he must not be an employee of any Municipal Corporation in India
There are few seats which are reserved for scheduled tribes, scheduled castes,
backward classes and women. Every candidate's nomination form should have a
declaration stating the class, caste, or tribe that she/he belongs to. There should
be a declaration that the candidate is a woman, in case the seat is reserved for a
women candidate.

The Term of a Municipal Corporation

The office of Municipal Corporation runs for a period of five years since the
beginning of its first meeting. It is subject to dissolution under various
circumstances:
 If the State finds the Corporation lagging in its duties
 If the State finds the corporation exceeding or abusing its power
 Declaration of the Municipal elections in the State as void, or withdrawal of the
entire area of the ward from the municipal operations.
Functions of Municipal Corporation
The Municipal Corporation looks after providing the essential services to the
people of that district/area which includes:

 Hospitals
 Water Supply
 Drainage
 Market places
 Fire Brigades
 Roads
 Over Bridge
 Solid Waste
 Street Lightning

43
 Parks
 Education
 Birth and Death Records in the Area

Mayor:
a mayor (from the Latin maior [majˈjɔr], meaning "bigger") is the highest-
ranking official in a municipal government such as that of a city or a town.
Duties and responsibilities of mayor and other members:
Duties and Responsibilities of the Mayor The Municipal Act, 2001, Section 225, identifies
the Mayor’s responsibilities as follows:

• To be head of the municipal council and to act as Chief Executive Officer of the
Corporation.

• To preside over council meetings.

• To provide leadership to council.

• To represent the municipality at official functions.

• To carry out the duties of the Head of Council under this or any other Act.

• To perform duties of a member of council as outlined in the Municipal Act, 2001,

Section 224.

The Mayor shall also serve as a member of county council and is required to attend all
regular and special meetings of county council as well as any standing committees to
which he/she may be appointed. Duties and Responsibilities of the Deputy Mayor The
Deputy Mayor is required to fulfill his/her normal duties as a member of council under the
Municipal Act, 2001, Section 224.

The Deputy Mayor shall assist the Mayor in carrying out the Mayoral responsibilities
under the Municipal Act, Section 225. The Deputy Mayor shall also serve as a member of
county council and is required to attend all regular and special meetings of county council
as well as any standing committees to which he/she may be appointed.

Duties and Responsibilities of all Council Members In accordance with the Municipal Act,
2001, Section 224, it is the role of council:

44
• To represent the public and to consider the well-being and interests of the municipality.

• To develop and evaluate the policies and programs of the municipality.

• To determine which services the municipality provides.

• To ensure that administrative practices and procedures are in place to implement the
decisions of council.

• To ensure the accountability and transparency of the operations of the municipality.

• To maintain the financial integrity of the municipality; and

• To carry out the duties of council under this or any other Act.

CEO of Muncipal corporation/municipal commissioner:

Every Municipal Corporation in India is administratively headed by a Municipal Commissioner,

who is the de facto head of the municipal corporation, the form of government which is usually
granted to a city of more than one million in population.
While a mayor is elected to serve as the titular head of a municipal corporation, a municipal
commissioner is appointed by the state government from the Indian Administrative Service and
mostly from State Civil Services to head the administrative staff of the Municipal Corporation,
implement the decisions of the Corporation and prepare its annual budget.

Panchayath Raj:

In India, the Panchayati Raj generally refers to the system of local self-
government in India introduced by a constitutional amendment in 1992, although it is based
upon the traditional panchayat system of the Indian subcontinent. This Panchayati Raj system
was formalized in 1992, following a study conducted by a number of Indian committees on
various ways of implementing more decentralized administration. The modern Panchayati Raj
and its Gram Panchayats are not to be confused with the extra-
constitutional Khap Panchayats (or Caste Panchayats) found in northern India.
In India, the Panchayati Raj now functions as a system of governance in which gram
panchayats are the basic units of local administration. The system has three levels: Gram
Panchayat (village level), Mandal Parishad or Block Samiti or Panchayat Samiti (block level),
and Zila Parishad(district level). It was formalized in 1992 by the 73rd amendment to the Indian

45
 Constitution. Currently, the Panchayati Raj system exists in all states Tripura,Meghalaya,
and Mizoram, and in all Union Territories except Delhi.
The Panchayats receive funds from three sources:

 Local body grants, as recommended by the Central Finance Commission

 Funds for implementation of centrally sponsored schemes
 Funds released by the state governments on the recommendations of the State Finance
Commissions

Panchayati Raj Institution (PRI)

Context
 Panchayati Raj Institution (PRI) is a system of rural local self-government in India.
 Local Self Government is the management of local affairs by such local bodies who have
been elected by the local people.
 PRI was constitutionalized through the 73rd Constitutional Amendment Act, 1992 to build
democracy at the grass roots level and was entrusted with the task of rural development in
the country.
 In its present form and structure PRI has completed 26 years of existence. However, a lot
remains to be done in order to further decentralization and strengthen democracy at the grass
root level.
Salient Features of the Constitution 73 rd and 74th Amendments

 These amendments added two new parts to the Constitution, namely, added Part IX titled
“The Panchayats”(added by 73rd Amendment) and Part IXA titled “The
Municipalities” (added by 74th Amendment).
 Basic units of democratic system-Gram Sabhas (villages) and Ward Committees
(Municipalities) comprising all the adult members registered as voters.
 Three-tier system of panchayats at village, intermediate block/taluk/mandal and district
levels except in States with population is below 20 lakhs (Article 243B).
 Seats at all levels to be filled by direct elections Article 243C (2).
 Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) and the
chairpersons of the Panchayats at all levels also shall be reserved for SCs and STs in
proportion to their population.
 One-third of the total number of seats to be reserved for women.
 One third of the seats reserved for SCs and STs also reserved for women.

46
 One-third offices of chairpersons at all levels reserved for women (Article 243D).
 Uniform five year term and elections to constitute new bodies to be completed before the
expiry of the term.
 In the event of dissolution, elections compulsorily within six months (Article 243E).
 Independent Election Commission in each State for superintendence, direction and control
of the electoral rolls (Article 243K).
 Panchayats to prepare plans for economic development and social justice in respect of
subjects as devolved by law to the various levels of Panchayats including the subjects as
illustrated in Eleventh Schedule (Article 243G).
 74th Amendment provides for a District Planning Committee to consolidate the plans
prepared by Panchayats and Municipalities (Article 243ZD).
 Budgetary allocation from State Governments, share of revenue of certain taxes, collection
and retention of the revenue it raises, Central Government programmes and grants, Union
Finance Commission grants (Article 243H).
 Establish a Finance Commission in each State to determine the principles on the basis of
which adequate financial resources would be ensured for panchayats and municipalities
(Article 243I).
 The Eleventh Scheduled of the Constitution places as many as 29 functions within the
purview of the Panchayati Raj bodies.


Zila Panchayat :
Zila Panchayat/Zila Parishad/District Councils have following functions:

1. Provide essential services and facilities to the rural population and the
planning and execution of the development programmes for the district.
2. Supply improved seeds to farmers. Inform them of new techniques of
training. Undertake construction of small-scale irrigation projects and
percolation tanks. Maintain pastures and grazing lands.
3. Set up and run schools in villages. Execute programmes for adult literacy.
Run libraries.
4. Start Primary Health Centers and hospitals in villages. Start vaccination
drives against epidemics and family welfare campaigns.
5. Construct bridges and roads.
6. Execute plans for the development of the scheduled castes and tribes. Run
ashramshalas for Adivasi children. Set up free hostels for scheduled caste
students.
7. Encourage entrepreneurs to start small-scale industries like cottage
industries, handicraft, agriculture produce processing mills, dairy farms,
etc. Implement rural employment schemes.

47
 8. They construct roads, schools & public properties. And they take care of
the public properties.
9. They even supply work for the poor people.(tribes, scheduled caste, lower
caste)

CEO of Zila Panchayat:

The Government appoints the Chief Executive Officer to carry out
administration of Zilla Panchayat and also appoints Chief Accounts
Officer, Chief Planning Officer and one or more Deputy Secretaries
who work directly under the Chief Executive Officer and assist him, at
Taluk Level Executive officers help CEO in implementing Taluk Level
Programmes

Functions of the Chief Executive Officer (CEO)

The Chief Executive Officer shall perform the following functions :-

1. exercise all the power specially, imposed or conferred upon him by

or under the Act or under any other law for the time being in force
2. control the officers and official of, or holding office under, the Zilla
Panchayat subject to the general superintendence and control of
the Adhyaksha and such rules as may be prescribed;
3. supervise and control the execution of all works of the Zilla
Panchayat;
4. take necessary measures for the speedy execution of all works
and developmental schemes of the Zilla Panchayat;
5. have custody of all papers and documents connected with the
proceedings of the meetings of the Zilla Panchayat and its
committees;
6. draw and disburse monies out of the Zilla Panchayat Fund; and
7. Exercise such other powers and discharge such other functions as
may be prescribed.
8. The Chief Executive Officer shall attend meeting of the Zilla
Panchayat and shall have right to attend the meeting of any
committee thereof and to take part in the discussion but shall not
have right to move any resolution or to vote.

Elected officials roles/functions in zila panchayat:

Functions of the Chief Planning Officer (CPO):

 Formulating Perspective Plan, Five Year Plan and Annual Plan for the
development of district.
48
  Determining priorities for the District. Based on these priorities, allocating
outlays to sectors/departments and ensuring outlays for some earmarked
programmes.
 Guiding the District Officers in the formulation of suitable schemes in
accordance with local needs and local resources in the framework of District
Objectives.
 Finalizing physical targets for various sectors in consultation with concerned
Department.
 Identifying area for integration and ensuring their integration in the sectoral
plans.
 Determining size of the Taluk Panchayat Sector outlay and distribution of the
same among Taluk Panchayats on the basis of the objective criteria.
 Assisting in inter-departmental co-ordination, guiding the Taluk Panchayats in
formulation of Taluk sector Plan and ensuring incorporation of the Plan
proposals of Taluk sector plan in the District Plan.
 Assisting Gram Panchayats in the preparation of the Annual Development
Plan and incorporating the same in the District Plan.
 Preparing the Action Plan of various schemes, including RD & PR schemes in
consultation with field departments.
 Monitoring the progress of implementation of District Plan including
achievement in targets, maintenance of time schedule and initiation of
corrective action.

Manpower and Credit Planning Officer:

 Preparing the Manpower Budget for the district. Identifying pockets of

unemployment, period and nature of unemployment and formulating an
employment Plan and dovetailing the same with the district’s development
plan.
 Identifying and initiating training programmes in area suited to the district
needs.
 Organizing coordinated training programme for officers and personnel in the
field cadres from time to time.
 Maintaining liaison with the Lead Bank of the district in the preparation of the
credit plan for the district.
 Preparing Banking plan and credit plans for the district, taluk and ensuring
mobilization of institutional credit through various financing agencies.

Statistical Officer:

 Maintaining all statistical information Taluk wise/Grama Panchayat wise

relevant to Planning & Development and ensuring the updating of such data
periodically.
 Maintaining benchmark data on important socio-economic aspects in “Grama-
Namune” and updating the same every year.

49
Planning Assistant:

 Carry out such assignments as are entrusted from time to time by the Chief
Planning Officer and other officers of planning unit of Zilla Panchayat.

Deputy Secretary:

He shall assist the Chief Executive Officer in the performance of his duties.

Administration and Development Section

Under the provisions of Section 196(2) of The Karnataka Panchayat Raj Act 1993,
Government have appointed two Deputy Secretaries to the Tumakuru Zilla
Panchayat. They will assist the Chief Executive Officer in the performance of his
duties prescribed under Section 197 of the said Act. Accordingly the Deputy
Secretary(Admin) will assist in respect of Administration matters and the Deputy
Secretary(Dev) will assist in respect of Developmental activities. They will also be
functioning as Ex-officio Secretaries of Standing Committees constituted under the
provisions of section 186 of Karnataka Panchayat Raj Act 1993.

Functions of Deputy Secretary (Administration):

 Control over Personnel coming under the Jurisdiction of Zilla Panchayat

including Rural Development Department.
 Sanction of Leave and Advances.
 Purchases of Vehicles and maintenance.
 Purchase of Stationery and Furniture etc.,
 Administrative control of all departments including Taluk Panchayat.
 Inspections of subordinate offices.
 Reviewing of Diaries of Subordinate Officers.
 According of administrative sanctions on the proposal of subordinate Officers.
 Any other work entrusted by the Chief Executive Officer.

 Reviewing and monitoring plan expenditure periodically.

Functions of Deputy Secretary (Development)

 Implementation of Rural Development and Panchayat Raj Schemes.

 Drinking water supply schemes
 Minor Irrigation works.
 Roads, Bridges and Buildings.
 Special Component Programmes.
 Stamp Duty.
 Central Government Schemes.
 Any other work entrusted by the Chief Executive Officer.
 Administrative control of Grama Panchayat.

50
unit 5: election commission
Introduction:
The Election Commission of India or ECI is a constitutional body entrusted with the
responsibility of administering the elections in India.

The Constitution of India clearly mentions the rules and regulations governing this body.
Established in 1950, the Election Commission works with the principal objective of defining and
controlling the course of elections held at various levels for the state legislatures, the Parliament
and the offices of the Vice-President and the President of the country as per article 324 of the
Constitution.

In its present form, the Election Commission consist of the Chief Election Commissioner and
two Election Commissioners. The decision making will be done by majority vote.

Meaning:
An election commission is a body charged with overseeing the implementation of electioneering
process of any country. The formal names of election commissions vary from jurisdiction to jurisdiction,
and may be styled an electoral commission a central or state election commission, an election
board an electoral council or an electoral court.

Appointment and Tenure:-

The President appoints the Chief Election Commissioner and Election

Commissioners.

The tenure of these officers is six years or up to 65 years of age, whichever is earlier.

The status and pay of these officers is similar to what is enjoyed by the Judges of the
Supreme Court.

The election Commissioners or the regional commissioners can be removed from

office only if recommended by the CEC.

The CEC can be removed only by the President of India supported by a resolution
passed in both the houses of the parliament with special majority on the grounds of
incapacity or misbehaviour.

51
 Role of Election Commission

In organizing the elections of the largest democracy of the world, the Election
Commission of India plays a crucial and decisive role. The Election Commission in
India has the prime responsibility to ensure the conduct of free and fair elections in
the country. Towards this end, the Commission has to implement the norms and
Model Code of Conduct. Since the role of the Election Commission will need a high
degree of independence and autonomy, the Constitution has empowered this body
with the power to supervise the political bodies and candidates. It can take the action
it deems appropriate in case of any violations.

Functions of Election Commission

The most important functions of Election Commission are given under.

 It is the guardian of free and reasonable elections in India.

 The Election Commission issues the Model Code of Conduct before every election to be
followed by the different candidates and parties so that the decorum of the democracy is
maintained well.
 The body regulates the political parties and has to register the eligible ones enabling
them contest in the elections.
 The Election Commission prescribes the limits of campaign expenditure by the
candidates and parties and monitors the spending too.
 All the political parties are expected to submit their annual reports to the Election
Commission of India in order to get tax benefits on the contributions.
 The body also mandates that the political parties submit their audited financial reports
regularly.
The duties of the Election Commission

 Supervising, directing, controlling and conducting the elections for the states and the
Parliament.
 Laying down the general rules for the elections.
 Deciding the constituencies and preparing the electoral rolls
 Giving credit to the political parties
 Allotting the election symbols to contesting candidates and parties
 Appointing the tribunals to take decision on the doubts and disputes related to the
elections conducted for state legislatures and the Parliament.

52
Chief Election Commissioner of India.

The Chief Election Commissioner heads the Election Commission of India, a body constitutionally
empowered to conduct free and fair elections to the national and state legislatures and of President and
Vice-President. This power of the Election Commission of India is derived from the Article 324 of
the Constitution of India. Chief Election Commissioner of India is usually a member of the Indian Civil
Service and mostly from the Indian Administrative Service. It is very difficult to remove the authority of
the Chief Election Commissioner once appointed by the president, as two-thirds of the Lok Sabha and
the Rajya Sabha need to present and vote against him for disorderly conduct or improper actions.

Chief Election Commissioner of India

Incumbent

State Election Commission, Karnataka

The State Election Commission Is A Constitutional Authority That Came Into Existence On 26-05-1993
After The Promulgation Of 73Rd And 74Th Amendment To The Constitution Of India To Conduct Elections
To Rural And Urban Local Bodies In The States. It Was Constituted Under The Provisions Of Article 243K
Read With Article 243Za Of The Constitution Of India.

The Powers And Functions Of The State Election Commission Under Article 243K And 243Za Of The
Constitution Of India Are Identical To Those Vested In The Election Commission Of India Under Article
324 Of The Constitution Of India In Their Respective Domains.

The State Election Commission Is An Independent Organisation That Conducts Elections To Three Types
Of Rural Local Bodies (Rlbs) I.E., Zilla, Taluka And Gram Panchayats, And Four Types Of Urban Local Bodies
(Ulbs) I.E., Municipal Corporations, City Municipal Councils, Town Municipal Councils And Town
Panchayats.

It Is Bestowed With Powers of Superintendence, Direction And Control Of Elections To Rural Local Bodies
Under The Karnataka Panchayat Raj Act, 1993, And Urban Local Bodies Under The Karnataka
Municipalities Act, 1964 And The Karnataka Municipal Corporations Act, 1976. It Is Empowered Under

53
 the Karnataka Local Authorities (Prohibition of Defection) Act, 1987 To Conduct Enquiry On Complaints
Of Defection From A Political Party By Members Of Zilla And Taluka Panchayats And Pass Orders
Disqualifying Them From Their Membership. It Is Empowered to Disqualify the Contesting Members of
Ulb Elections Who Fail to Submit Their Election Expenditure / Delayed Submission Of Election Expenditure
For A Period Of 3 Years From The Date Of Order. Further, It Is Also Empowered to Disqualify the Members
Of Zilla, Taluka And Gram Panchayats If They Fail To Submit Or File False Annual Statements Of Assets
And Liabilities Every Year.

Constitutional mechanism for SCST and OBC

The deep concern of the framers of the Constitution for the uplift of the Scheduled Castes and
Scheduled Tribes and Other Backward Classes is reflected in the elaborate constitutional mechanism
set-up for their uplift.
 Article 17 abolishes Untouchability.
 Article 46 requires the State ‘to promote with special care the educational and economic interests of the
weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and
to protect them from social injustice and all forms of exploitation.
 Article 335 provides that the claims of the members of the Scheduled Castes and the Scheduled Tribes
shall be taken into consideration, consistently with the maintenance of efficiency of administration, in
the making of appointments to services and posts in connection with the affairs of the Union or of a
State.
 Article 15(4) refers to the special provisions for their advancement.
 Article 16(4A) speaks of “reservation in matters of promotion to any class or classes of posts in the
services under the State in favour of SCs/STs, which are not adequately represented in the services
under the State’.
 Article 338 provides for a National Commission for the Scheduled Castes and Scheduled Tribes with
duties to investigate and monitor all matters relating to safeguards provided for them, to inquire into
specific complaints and to participate and advise on the planning process of their socio-economic
development etc.
 Article 330 and Article 332 of the Constitution respectively provide for reservation of seats in favour of
the Scheduled Castes and the Scheduled Tribes in the House of the People and in the legislative
assemblies of the States. Under Part IX relating to the Panchayats and Part IXA of the Constitution
relating to the Municipalities, reservation for Scheduled Castes and Scheduled Tribes in local bodies has
been envisaged and provided.
The Constitution of India has prescribed, protection and safeguards for the Scheduled Castes (SCs),
Scheduled Tribes (STs) and other weaker sections; either specially or the way of insisting on their
general rights as citizens; with the object of promoting their educational and economic interests and
removing social disabilities. These social groups have also been provided institutionalized commitments
through the statutory body, the National Commission of SCs. The Ministry of Social Justice &
Empowerment is the nodal Ministry to oversee the interests of the Scheduled Castes
54
55
 INDIAN CONSTITUTION AND POLITICS

QUESTION BANK

(1) The Union List consists of

(a) 97 subjects (b) 61 subjects
(c) 47 subjects (d) 73 subjects

(2) An interpretation of the Constitution of India is based on the spirit of

(a) Fundamental Duties (b) Fundamental Rights
(c) Preamble (d) Federal System

(3) The Constituent Assembly was set according to the proposals of

(a) The Cripps Mission (b) the Cabinet Mission
(c) Mountbatten Plan (d) Rajagopalachari Plan

(4)The Fundamental Duties in the Constitution of India were adopted from

(a)Canadian Constitution (b) Russian Constitution
(c) American Constitution (d) French Constitution

(5)Which Article of the Constitution of India deals with the Fundamental Duties
(a) Article 32 (b) Article 50
(c) Article51 (d) Article 51 A

(6) In India Right to Property is a

(a) Moral Right (b) Legal Right
(c) Fundamental Right (d) Personal Right

(7) Which article is referred to as ‘the jewel of the Constitution’

(a) Article 352 (b) Article 123
(c) Article 32 (d) Article 31

(8) Which writ give the meaning ‘we command’ in letters

(a) Habeas Corpus (b) Prohibition
(c) Quo Warranto (d) Mandamus

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Indian Constitution and Politics Page

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(9) Which of the following is not included in the Fundamental Rights in the Constitution of India?
(a) Right to adequate means of livelihood (b) Right to Freedom
(c) Right against Exploitation (d) Right to Equality
(10)The Directive Principles of State Policy have been adopted from
(a) US Constitution (b) Irish Constitution
(c) French Constitution (d) Canadian Constitution

(11) Keshavananda Bharati case was associated with

(a) Fundamental Rights (b) Directive Principles of State Policy
(c) State right (d) Armed rebellion

(12) The word ‘socialist’ was added to the Preamble of the Constitution of India by which amendment

(a) 44th (b) 27th

(c) 21st (d) 42nd

(13) The Constitution of India is

(a) Rigid (b) flexible
(c) Combination of rigidity and flexibility (d) Neither rigid nor flexible

(14) Right to Freedom is guaranteed in which article

(a) 17 (b) 19

(c) 18 (d) 20

(15) Directive Principles of State Policy is

(a) Justifiable (b) non-justifiable
(c) mandatory (d) None of these

(16) The word ‘secularism’ was added to the Preamble of the Constitution of India by which amendment
(a) 40th (b) 42nd
(c) 44th (d) 46th

(17) Right to Property is included in Article

(a) 32 (b) 19
(c) 31 (d) 14

(18) Right to Property was removed from Fundamental Rights by which amendment
(a) 29th (b) 25th
(c) 44th (d) 42nd

(19) Part IV A of the Indian Constitution deal with

(a) Fundamental Duties (b) Fundamental Rights
(c) Directive Principles of state Policy (d) Citizenship

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(20) The procedure for amending the Constitution of India is
(a) Rigid (b) flexible
(c) partly rigid and flexible (d) None of these

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(21) Elections to the local government bodies are made mandatory by which amendment
(a) 72nd (b) 73rd
(c) 64th (d) 63rd

(22) Panchayath Raj is included in the

(a) Union list (b) Concurrent list
(c) State list (d) Residuary power

(23) Village Panchayath is organized under which article of the Constitution of India
(a) Article 37 (b) Article 38
(c) Article 39 (d) Article 40

(24) Among the following which agency conducts election to the local bodies
(a) National Election Commission (b) State Election Commission
(c) Local bodies themselves (d) the Government

(25) The chairman of the National Development Council is the

(a) Prime Minister (b) President
(c) Vice President (d) Governor

(26) Who appoints the chairman of the Finance Commission

(a) The President (b) Prime Minister
(c) Council of Ministers (d) Vice President

(27) The members of the Council of states in India is elected for a period of
(a) 4 years (b) 5 years
(c) 6 years (d) life term

(28) The President can’t ----------------------- Lok Sabha

(a) Dissolve (b) adjourn
(c) prorogue (d) summon

(29) The duration of an ordinance issued by the President of India is

(a) 6weeks (b) 1 year
(c) 6 months (d) 6 weeks from the date of assembly of the Parliament

(30) All speeches made in the House of People are addressed to

(a) The Prime Minister (b) The Speaker
(c) Minister for Parliamentary Affairs (d) Respective Ministers

(31) Who promulgates ordinance in states

(a) Governor (b) Chief Minister
(c) President (d) Chief Justice

(32) Who presides over the joint sitting of the Parliament

(a) President (b) Vice President
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 (c) Speaker (d) Chief Justice

(33) The amending power of the Constitution of India is described in Article

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 (a) 352 (b) 368 (c) 360 (d) 395
Indian Constitution and Politics Page

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(34) The ex-officio chairman of the Council of states is
(a) Speaker (b) Vice President
(c) Deputy Speaker (d) Deputy Chairman

(35) In India the Council of state is responsible to

(a) The people (b) the state
(c) local government (d) None of these

(36) The number of the Anglo Indians nominated to the House of People is
(a) 4 (b) 3 (c) 2 (d) 1

(37) The number of nominated members to the council of states is

(a) 18 (b) 12 (c) 20 (d) 16

(38) The number of elected members to the House of the People

(a) 540 (b) 542 (c) 543 (d) 545

(39) Who is the person authorized to conduct the election of the speaker in a newly elected House of the
People in India
(a) Prime Minister (b) Speaker
(c) Proterm speaker (d) Deputy Speaker

(40) Who was the chairman of the Constitution Drafting Committee

(a) Jawahar Lal Nehru (b) Dr B.R. Ambedkar
(c) Dr Rajendra Prasad (d) Sardar Vallabhai Patel

(41) How many methods are there to amend the Constitution of India
(a) 5 (b) 4 (c) 3 (d) 2
(42) Quo warranto is
(a) Writ (b) statute
(c) Treaty (d) Act

(43) Article 352 of the Indian Constitution deal with

(a) centre-state relations (b) Supreme Court
(c) state emergency (d) national emergency

(44) Which Right was remarked by Dr B.R. Ambedkar as the “heart and soul of the Constitution”
(a) Right to Equality (b) Right to Freedom
(c) Right to Education (d) Right to Constitutional remedies

(45) The Indian constitution guarantees how many categories of Fundamental Rights
(a) 5 (b) 6 (c) 7 (d) 8

(46)Which Constitutional amendment incorporated the Fundamental Duties in the Constitution of India?
(a) 40th (b) 44th (c) 42nd (d) 50th

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(47)Right to property was deleted by which amendment
(a) 71st (b) 44th (c) 42nd (d) 68th

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66
(48) Who said “the Preamble is the key to the Constitution”
(a) Dr B.R. Ambedkar (b) Dr Rajendra Prasad
(c) Jawaharlal Nehru (d)C. Rajagopalachari

(49) Article 19 of the Constitution of India contains

(a) 9 Fundamental Freedoms (b) 8 Fundamental Freedoms
(c) 7 Fundamental Freedoms (d) 6 Fundamental Freedoms

(50)The Chairman of the National Human Rights Commission is appointed by

(a) Prime Minister (b) President
(c) Vice President (d) Council of Ministers

(51)Which among the following is not a Fundamental Right?

(a) Right to Equality (b) Right to Property
(c) Right to Freedom (d) Right against exploitation

(52)Rights given in the Constitution are called Fundamental Right because

(a) They are natural rights (b) They can’t be suspended
(c) They are a part of the Constitution (d) They can be enforced and safeguarded by the courts

(53) Article 32 stands suspended during an emergency under Article

(a) 352 (b) 356 (c) 360 (d) 362

(54) Right to privacy is contained in

(a) Article 22 (b) Article 19
(c) Article 21 (d) Article 22

(55) Freedom of expression is included in the article

(a) 15 (b) 19 (c) 21 (d) 22

(56)The emergency provisions of the Constitution of India have been borrowed from
(a) German Constitution (b) American Constitution
(c) French Constitution (d) Irish Constitution

(57) Concurrent list was adopted from

(a) Russian Constitution (b) American Constitution
(c) Swiss constitution (d) French Constitution

(58)Equality before law and Equal protection of law have been modelled on the Constitution of
(a) Britain (b) America
(c) Russian (d) Switzerland

(59)Which article of the constitution of India empower the President to take over the administration of a state
on the basis of failure of constitutional machinery
(a) 365 (b) 352 (c) 356 (d) 360

(60) In India the power of ‘amnesty’ has been given to the

(a) President (b) Prime Minister
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(c) Chief of the army (d) Parliament

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69
(61)The President’s rule in a state can be continued at a stretch for a maximum period of
(a) 4years (b) 2years
(c) 3 years (d) one year

(62) The Council of state in India has how many elected members
(a) 250 (b) 238
(c) 245 (d) 230

(63) The executive power in India is actually exercised by

(a) Speaker (b) President
(c) Council of Ministers (d) Parliament

(64) 42nd amendment Act was adopted by the Parliament in

(a) 1967 (b) 1968
(c) 1976 (d) 1977

(65) The supreme commander of the armed forces in India is

(a) President (b) Prime Minister
(c) Defence Minister (d) None of these

(66) Public Undertaking Committee is a

(a) Cabinet Committee (b) Parliamentary Committee
(c) Committee of a political party (d) None of these

(67)What is the maximum gap permissible between two sessions of the

Parliament? (a)3 months (b) 4 months
(c) 6 months (d) 12 months

(68) The Governor of a state is a

(a) Constitutional head (b) real head
(c) Hereditary head (d) nominated head

(69)Who elects the Vice President of India

(a) House of the People (b) Both Houses of Parliament
(c) Council of States (d) Both Houses of Parliament and state legislatures

(70) In consequence of the death or incapacity of the President, vice President can become the President for
(a) 6 months (b) 12months
(c) 1 month (d) 5 months

(71) Grass root democracy is related to

(a) Panchayath system (b) Interstate council
(c) Lok Pal (d) Regionalism

(72) The Parliament of India consists of

(a) President, House of the People and Council of
state (b)House of the People and Council of states
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(c) Vice President, House of People and Council of states
(d) President, Vice President, House of the People and Council of States

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72
(73) The President of India is elected by
(a) Elected members of both Houses of Parliament
(b) Members of both Houses of Parliament
(c) Elected members of both Houses of Parliament and state legislative assemblies
(d) Elected members of both Houses of Parliament and both Houses of the state legislatures

(74)A vote taken unexpectedly without voters having been briefed in advance
(a) Snap poll (b) by-election
(c) opinion poll (d) exit poll

(75) The President of India can ------------------------ the House

(a) Sine die (b) prorogue
(c) adjourn (d) None of these

(76) Recess means

(a) The interval between the prorogation of Parliament and its reassembly
(b) The Parliament in session
(c) Adjournment of the House
(d) Dissolution of the House

(77) The Speaker use the ‘casting vote’

(a) to maintain status quo (b) to challenge the opposition
(c) to defeat the government (d) in the absence of the Prime Minister

(78) Council of states in India can delay a money bill for

(a) indefinite period (b) 6 months
(c) 1 month (d) 14 days

(79) Starred questions requires

(a) Oral answer (b) unwritten answer
(c) supplementary question (d) None of these

(80) Consolidated Fund is

(a) votable (b) non votable
(c)non plan (d) None of these

(81) Council of States in India can create an All India Service by

(a) Simple majority (b) ¾ majority
(c) 2/3 majority (d) unanimously

(82)Public Accounts Committee has members from

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 (a) House of the People (b) Council of states only
(c) state legislatures (d) Both Houses of Parliament

(83)Adjournment of the House is the power of the

(a) President (b) Speaker

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(84)Committee in Public Undertakings has members from
(a) Both Houses of Parliament (b) Lok Sabha only
(c) Rajya Sabha only (d) State Legislative Council

(85) Unstarred questions requires

(a) Oral answer (b) Zero Hour
(c) supplementary question (d) written answer

(86) Sine Die is associated with the power of the

(a) President (b) Speaker
(c) Chief Justice (d) Prime Minister

(87) ‘Who holds the purse holds the power’ who said this
(a) Jawahar Lal Nehru (b) Harold Laski
(c) Clement Attle (d) James Madison

(88)Which article of the Constitution of India says “there shall be a council of Ministers with the Prime
Minister at the head to aid and advice the President”
(a) Article 74 (b) Article 75
(c) Article 79 (d) Article 80

(89)The President of the Indian Republic has

(a) Only suspensive veto (b) Absolute veto
(c) Pocket veto (d) None of these

(90)The members of the Council of Ministers are collectively responsible to

(a) Judiciary (b) House of the People
(c) Council of States (d) The President

(91) Under which Article of the Constitution of India, the Governor of a state can resume a Bill for the
consideration of the President
(a) Article 196 (b) Article 200
(c) Article 202 (d) Article 204
(92)The term federal is derived from the Latin word ‘foedus’ which means
(a) Separation (b) Distribution
(c) Covenant (d) None of these

(93) Which commission has examined the centre- state relations

(a) Sarkaria Commission (b) Sri Krishna Commission
(c) Rajamannar Commission (d) Kher Commission

(94) In the Indian federal system, residuary powers rest with the
(a) Local government (b) State
(c) Judiciary (d) Centre

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(95) Unequal representation of states in the Council of States in India indicates
(a) The Federal nature (b) the unitary features

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(96) The chairman of the National Development Council is
(a) Finance Minister (b) Defence Minister
(c) Prime Minister (d) Home Minister

(97) The Indian federal system is largely based on the pattern of

(a) US Federal system (b) Australian Federal system
(c) Swiss Federal system (d) Canadian Federal system

(98) The Constitution of India adopted the federal system from the Act of
(a) 1919 (b) 1935 (c) 1947 (d) 1909

(99) National Integration Council reflects the ------------------- nature of the Indian Federal system
(a) Federal nature (b) Unitary nature
(c) competitive nature (d) con-federal nature

(100) Madan Mohan Punchi commission was appointed to study

(a) Centre-state relations (b) State reorganization
(c) Panchayat Raj (d) delimitation of constituencies

(101) Which article of the Constitution of India provides for co-operation between states
(a) Article 32 (b) Article 360
(c) Article 14 (d) Article 263

(102) The members of the Planning Commission have the status equal to that of
(a) Central cabinet ministers (b) state ministers
(c) Deputy Ministers (d) Members of Parliament

(103) which among the following is not created by the Constitution

(a) Planning Commission (b) Finance Commission
(c) Election Commission (d) UPSC

(104) Chairman of the Planning Commission is the

(a) President (b) Vice President
(c) Prime Minister (d) Speaker

(105) The Constitution of India is parliamentary because

(a) There is an elected President (b) there is a bicameral legislature
(c) There is a Supreme Court (d) the executive is responsible to the Legislature

(106) India is a Republic in the sense that

(a) it has an elected Head of the state (b) it has an elected Head of the Government
(c) it has a bi-cameral legislature (d) it has sovereign power

(107) Chairman of the Finance Commission is appointed by the

(a) Prime Minister (b) Council of Ministers
(c) President (d) Vice President

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(108) Planning Commission was formed by Government of India by a resolution in
(a) 1950 (b) 1947
(c) 1944 (d) 1946

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(109) Which of the following is not a feature of the Constitution of India?
(a) It is democratic (b) it is republic
(c) it is federal (d) it is Presidential

(110) The word “procedure established by law” in the constitution of India have been borrowed from
(a) UK (b) USA (c) French (d) Germany

(111) The President of the Constituent Assembly was

(a) Maulana Abdul Kalam Azad (b) Dr Rajendra Prasad
(c) Sardar Vallabhai Patel (d) Dr BR Ambedkar

(112) ”India that is Bharat shall be a union of states”. From which Constitution was adopted the words “union
of states”?
(a) US (b) France (c) Swiss (d) Canada
(113) The list dividing powers between union and states are given in the ------------- schedule
(a) IV (b) V (c) VI (d) VII

(114) The Indian Constitution is an

(a) Enacted one (b) evolved one
(c) unwritten one (d) None of these

(115) Dyarchy was introduced at the Provincial level by the Act of

(a) 1892 (b) 1919 (c) 1935 (d) 1909

(116) Dyarchy was introduced at the Centre by the Act of

(a) 1909 (b) 1919 (c) 1935 (d) 1947

(117) The Objective Resolution in the Constituent Assembly was moved by

(a) Dr Rajendra Prasad (b) B.R.Ambedkar
(c) Jawaharalal Nehru (d) Alladi Krishna swamy Iyer

(118) The election to the Constituent Assembly was held in

(a) June 1946 (b) July 1946
(c) August 1946 (d) September 1946

(119) The Montague Chelmsford Reforms is known as

(a) Government of India Act 1919 (b) Government of India Act 1935
(c) Government of India Act 1909 (d) Government of India Act 1892

(120) Government of India Act 1909 is known as

(a) Montague Chelmsford Reforms (b) Minto Morley Reforms
(c) Cabinet Mission Plan (d) Cripps Mission Plan

(121) The Objective Resolution was adopted by the Constituent Assembly in

(a) January 1947 (b) July 1947
(c) August 1947 (d) May 1947

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(122) The Constitution Drafting Committee constituted by the Constituent Assembly consisted of
(a) 5 member (b) 6members (c) 7 members (d) 8 members (123) The Constitution of

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 (a) 390 articles (b) 396 articles
(c) 395 articles (d) 394 articles

(124) The Constitution of India was adopted on

(a) 26th January 1950 (b) 26th January 1947
(c) 26th November 1949 (d) 26th June 1948
(125) Which among the following Acts introduced the principle of election for the first time?
(a) Indian Independence Act of 1947 (b) Indian Council Act 1909
(c) Government of India Act 1935 (d) Government of India Act 1919

(126) Directive Principles of state Policy are included in the Articles

(a) 15-24 (b) 25-32 (c) 36-51 (d) 52-60

(127) The procedure for amending the Constitution is in

(a) Article 368 (b) Article 360
(c) Article 367 (d) Article 371

(128) The Concurrent list in the Constitution of India was adopted from
(a) Switzerland (b) Australia
(c) Canada (d) Irish

(129) The Directive Principles of State Policy in the Constitution of India was adopted from
(a) Irish (b) Canada (c) Germany (d) Australia

(130) The makers of the Constitution of India adopted the concept of Judicial Review from
(a)Russia (b) Germany (c) US (d) Australia

(131) The Indian federal system can be transformed into a unitary system under
(a) Article 368 (b) Article 356 (c) Article 360 (d) Article 352

(132) Fundamental Rights are included in articles

(a) 15-24 (b) 12-36 (c) 36-51 (d) 52-62
(133) Untouchability Offence Act 1955 was renamed as “The Protection of Civil Rights Act 1955” in
(a) 1972 (b) 1977 (c) 1976 (d) 1955

(134) Right to Property was omitted from Part III of the Constitution by the
(a) 42nd amendment (b) 44th amendment
(c) 86th amendment (d) 62nd amendment
(135) The watchword of a Parliamentary government is
(a) Stability (b) checks and balances
(c) Political homogeneity (d) responsibility

(136) Who presides over the joint session of the Parliament?

(a) Speaker (b) Deputy Chairman
(c) President (d) Vice President

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 (a) France (b) USA
(c) Canada (d) Russia

(138) who prepares the agenda in meeting of the Council of Ministers

(a) President (b) Prime Minister
(c) Deputy Prime Minister (d) Minister of Parliamentary Affairs

(139) The Chairman of Council of States is elected by

(a) Elected members of Council of States (b) All members of the Council of States
(c) Members of both Houses of Parliament (d) elected members of the Parliament

(140) which of the following is not an objective of the Directive Principles of State Policy
(a) To ensure a welfare state (b) to ensure socio-economic justice
(c) To establish a religious state (d) to ensure the creation of village Panchayath

(141) The Head of the government under a Parliamentary government enjoys

(a) Real power (b) nominal power
(c) limited power (d) no power

(142) The classification of government as unitary and federal is on the basis

of
(a) Centralization of power (b) division of power
(c) delegation of powers (d) separation of powers

(143) Majority provisions of the Constitution of India can be amended by

(a) the Parliament (b) The President
(c) the State Legislature (d) the Parliament of the consent of states
(144) Community Development Program was launched on
(a) 2nd October 1951 (b) 2nd October 1952
(c) 2nd October 1953 (d) 2nd October 1954

(145) National Extension Service was launched on

(a) 2nd October 1953 (b) 2nd October 1952
(c) 2nd October 1951 (d) 2nd October 1950

(146) Political homogeneity is a feature of

(a) Presidential system (b) Parliamentary system
(c) Democratic system (d) Collegiate executive

(147) To organize village Panchayath as units of self government is an example of

(a) Liberal principle (b) Economic principle
(c) Gandhian principle (d) None of these

(148) The age to exercise franchise was reduced from 21 years to 18 years by
(a) 42nd amendment (b) 44th amendment

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 (c) 61st amendment (d) 72nd amendment

(149) The President of India can dissolve the House of People on the recommendation of the
(a) Vice President (b) Chief Justice
(c) Cabinet (d) Council of Ministers

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 (a) Adjournment motion (b) Cut motion
(c) Privilege motion (d) Call of attention motion

(151) A member of the Parliament formally loss his membership if he consecutively abstain himself from --------
------------ sitting of the House
(a) 15 (b) 30 (c) 60 (d) 90

(152) In India a person can be a member of the Council of Ministers without being a Member of Parliament
for a maximum period
(a) 1 month (b) 6 month (c) 1 year (d) 2 years

(153) Who is the Head of the Government in India?

(a) The President (b) the Prime Minister
(c) the speaker (d) the Deputy Chairman of Rajya sabha

(154) The Governor of a state can nominate how many members to the Legislative Assembly?
(a) 2 (b) 3 (c) 1 (d) 5

(155) Which among the following type of authority is given to the President of India?
(a) Political (b) Defacto (c) Dejure (d) Popular

(156) The Public Accounts Committee submits its report to the

(a) President (b) Prime Minister
(c) Council of States (d) House of the People

(157) The revenue estimate of a budget are prepared by

(a) Estimates Committee (b) Central Ministry of Finance
(c) Union Council of Ministers (d) Respective Ministers

(158) The committee which examine the ‘extravagance’ of the government

(a) Public Accounts Committee (b) Estimates Committee
(c) Public Undertaking Committee (d) Ad hoc Committee

(159) The budget is an instrument of control by

(a) the Government (b) the Executive
(c) the Legislature (d) the Judiciary

(160) Separate electorate for Muslims were introduced by the Act of

(a) 1919 (b) 1935 (c) 1909 (d) 1947

(161) The Cabinet Mission was appointed

(a) To work out the modalities for the transfer of power
(b) to finalise the date for the transfer of power
(c) To discuss the Plan of partition
(d) to partition of Bengal

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(162) Provincial autonomy was introduced by the Act of
(a) 1935 (b) 1919 (c) 1909 (d) 1947 (163)The interim government
proposed under the Cabinet Mission Plan was formed on

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 (a) 15th August 1946 (b) 2nd September 1946

(c) 26th July 1947 (d) 26th January 1950

(164) The British Parliament passed the Indian Independence Act in

(a) July 1947 (b) January 1947
(c) June 1947 (d) August 1947

(165) Periodic elections to the local bodies are made mandatory by

(a) 72nd amendment (b) 73rd amendment
(c) 86th amendment (d) 87th amendment

(166) Balvant Rai Mehta Committee was appointed to review

(a) National Extension Service (b) Panchayati Raj
(c) Electoral system (d) Community Development Programme

(167) The Committee appointed in 1977 to study the working of Panchayati Raj institutions was under
the chairmanship of
(a) Balvant Rai Mehta (b) Ashok Mehta
(c) GVK Rao (d) LM Singhvi

(168) Mandal Commission recommendations were appointed by

(a) Rajiv Gandhi (b) A B Vajpayee
(c) P V Narasimha Rao (d) V P Singh

(169) Minto Morley Reforms is also known as

(a) Government of India Act 1919 (b) Government of India Act 1892
(c) Government of India Act 1935 (d) Government of India Act 1909

(170) How many duties are included in the Constitution as Fundamental Duties?
(a) 10 (b) 11 (c) 9 (d) 6
(171) From among the following which amendment of the Constitution of India made “education to Children” as
a Fundamental Duty?
(a) 86th (b) 85th (c) 42nd (d) 72nd

(172) National Development Council was constituted in

(a) 1950 (b) 1951 (c) 1952 (d) 1947

(173) The qualification for the Chairman and the members of the Finance Commission are specified in
(a) Finance Act of 1951 (b) Finance Act of 1952
(c) Finance Act of 1950 (d) Finance Act of 1953

(174) Finance Commission is constituted every 5 years by the

(a) President (b) Parliament
(c) Union Council of Ministers (d) Speaker

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(175) The states enjoy exclusive jurisdiction over subjects of
(a) Union list (b) State list
(c) Residuary List (d) Concurrent list

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 (a) Union list (b) State list
(c) Residuary list (d) Concurrent list

(177) The authority to alter the boundaries of state in India rests with
(a) State government (b) Parliament
(c) Prime Minister (d) President

(178) The Union Government gives grants-in-aid to the states on the recommendations of the
(a) Planning Commission (b) National Integration Council
(c) Finance Commission (d) National Development Council

(179) Which among the following is empowered to constitute Inter State Council?
(a) The Parliament (b) The President
(c) The National Development Council (d) The Planning Commission

(180) The salary of judges during their offices can be reduced by the
(a) Article 352 (b) Article 356 (c) Article 360 (d) Article 359

(181) The unlawful detention of a person is questioned by the writ of

(a) Habeas Corpus (b) Certiorari
(c) Quo Warranto (d) Mandamus

(182) The High Court in India do not possess

(a) Original jurisdiction (b) Appellate jurisdiction
(c) Advisory jurisdiction (d) Revisory jurisdiction

(183) Provisions under 9th schedule

(a) Can be challenged in a court of law (b) Can’t challenge in a court of law
(c) Can seek opinion in a court of law (d)None of these

(184) Under which article of the Constitution the Supreme Court of India has been established
(a) 24 (b) 124 (c) 224 (d) 231

(185) The High Court has the power to issue writ under article
(a) 32 (b) 220 (c) 226 (d) 344

(186) The power of the Supreme Court can be enlarged by

(a) Cabinet (b) Parliament
(c) President (d) Chief Justice

(187) Judge of the Supreme Court can be removed from offices by

(a) Executive order (b) Impeachment
(c) Judicial order (d) Bureaucracy

(188) Which article of the Constitution of India deals with the Advisory jurisdiction of the Supreme Court
(a) Article 74 (b) Article 142 (c) Article 143 (d) Article 147

(189) Subjects in the ---------------- schedule is beyond the scope of Judicial Review

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(a) 8th (b) 9th (c) 12th (d) 3rd

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 (a) Germany (b) US (c) Australia (d) Canada

(191) The Union Legislature in India is empowered

(a) Not to amend the basic structure of the Constitution
(b) to amend the basic structure of the Constitution
(c) To abrogate the basic structure
(d) None of these

(192) Preventive Detention is a reasonable restriction on

(a)Article 14 (b) Article 19
(c)Article 21 (d) Article 32

(193) Which of the following is the inevitable outcome of liberalization?

(a) Retrace of the state (b) reentry of the state
(c) Neutrality of the state (d) None of these

(194) which of the following is inherent in communalism

(a) Peace for all religious sects (b) racial overtone
(c) Ethnic rivalry (d) Antagonistic assertion in all spheres of life

(195) Communalism is opposed to

(a)Secular credential (b) ethnic conflict
(c) friendship between class (d) All of the above

(196) Globalisation gives primacy to unbriddled

(a) Welfare means (b) Trade
(c) Socialism (d) Consumerism

(197) Original jurisdiction of the Supreme Court is contained in

(a) Article 131 (b) Article 129
(c) Article 132 (d) Article 136

(198) The power of the President to consult the Supreme Court is under Article
(a) 132 (b) 143 (C) 136 (d) 131

(199) The sequence of procedure for passing a Bill in the House is

(a) First reading, Committee stage, report stage, second reading, third reading
(b) First reading, second reading, committee stage, report stage, third reading
(c) First reading, second reading, third reading, Committee stage, report stage
(d) First reading, Committee stage, second reading, third reading

(200) In a federal system the guardian of the Constitution is

(a) the Parliament (b) the Judiciary
(c) the council of Ministers (d) the National Security Advisor

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 ANSWER
KEY

(1) (a) 97 subjects

(2) (c) Preamble
(3) (b) the Cabinet Mission
(4) (b) Russian Constitution
(5) (d) Article 51 A
(6) (b) Legal Right
(7) (c) Article 32
(8) (d) Mandamus
(9) (a) Right to adequate means of livelihood
(10) (b) Irish Constitution
(11) (a) Fundamental Rights
(12) (d) 42nd
(13) (c) Combination of rigidity and flexibility
(14) (b) 19
(15) (b) non-justiciable
(16) (b) 42nd
(17) (c) 31
(18) (d) 42nd
(19) (a) Fundamental Duties
(20) (c) partly rigid and flexible
(21) (b) 73rd
(22) (c) State list
(23) (d) Article 40
(24) (b) State Election Commission
(25) (a) Prime Minister
(26) (a) The President
(27) (c) 6 years
(28) (b) adjourn
(29) (d) 6 weeks from the date of assembly of the Parliament
(30) (b) The Speaker
(31) (a) Governor
(32) (c) Speaker
(33) (b) 368
(34) (b) Vice President
(35) (b) the state
(36) (c) 2
(37) (b) 12
(38) (c) 543
(39) (c) Proterm speaker
(40) (b) Dr B.R. Ambedkar
(41) (c) 3
(42) (a) Writ
(43) (d) national emergency
(44) (d) Right to Constitutional remedies
(45) (b) 6
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(46) (c) 42nd
(47) (a) 71st
(48) (a) Dr B.R. Ambedkar
(49) (d) 6 Fundamental Freedoms
(50) (b) President
(51) (b) Right to Property

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(52) (d) They can be enforced and safeguarded by the
courts (53) (a) 352
(54) (c) Article 21
(55) (b) 19
(56) (a) German Constitution
(57) (c) Swiss Constitution
(58) (a) Britain
(59) (c) 356
(60) (a) President
(61) (d) one year
(62) (b) 238
(63) (c) Council of Ministers
(64) (c) 1976
(65) (a) President
(66) (b) Parliamentary Committee
(67) (c) 6 months
(68) (a) Constitutional head
(69) (b) Both Houses of Parliament
(70) (d) 5 months
(71) (a) Panchayath system
(72) (c)Vice President, House of People and Council of states
(73) (d) Elected members of both Houses of Parliament and both Houses of the state legislatures
(74) (a) Snap poll
(75) (b) prorogue
(76) (a) The interval between the prorogation of Parliament and its reassembly
(77) (a) to maintain status quo
(78) (d) 14 days
(79) (a) Oral answer
(80) (b) non votable
(81) (c) 2/3 majority
(82) (d) Both Houses of Parliament
(83) (b) Speaker
(84) (a) Both Houses of Parliament
(85) (d) written answer
(86) (b) Speaker
(87) (d) James Madison
(88) (a) Article 74
(89) (a) Only suspensive veto
(90) (b) House of the People
(91) (b) Article 200
(92) (c) Covenant
(93) (a) Sarkaria Commission
(94) (d) Centre
(95) (b) the unitary features
(96) (c) Prime Minister
(97) (d) Canadian Federal system
(98) (b) 1935
(99) (b) Unitary nature
(100) (a) Centre-state relations
(101) (d) Article 263
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(102) (a) Central cabinet ministers
(103) (a) Planning Commission

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(104) (c) Prime Minister
(105) (d) the executive is responsible to the Legislature

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(106) (a) it has an elected Head of the state
(107) (c) President
(108) (a) 1950
(109) (d) it is Presidential
(110) (b) USA
(111) (b) Dr Rajendra Prasad
(112) (d) Canada
(113) (d) VII
(114) (a) Enacted
one (115) (b) 1919
(116) (c) 1935
(117) (c) Jawaharalal Nehru
(118) (b) July 1946
(119) (a) Government of India Act 1919
(120) (b) Minto Morley Reforms
(121) (a) January 1947
(122) (c) 7 members
(123) (c) 395 articles
(124) (a) 26th January 1950
(125) (b) Indian Council Act 1909
(126) (c) 36-51
(127) (a) Article 368
(128) (b) Australia
(129) (a) Irish
(130) (c) US
(131) (d) Article 352
(132) (b) 12-36
(133) (c) 1976
(134) (b) 44th amendment
(135) (d) responsibility
(136) (c) President
(137) (b) USA
(138) (b) Prime Minister
(139) (c) Members of both Houses of Parliament
(140) (c) To establish a religious state
(141) (a) Real power
(142) (b) division of power
(143) (a) the Parliament
(144) (b) 2nd October 1952
(145) (a) 2nd October 1953
(146) (b) Parliamentary system
(147) (c) Gandhian principle
(148) (c) 61st amendment
(149) (d) Council of Ministers
(150) (b) Cut motion
(151) (c) 60
(152) (b) 6 month
(153) (b) the Prime Minister
(154) (c) 1
(155) (c) Dejure
(156) (d) House of the People
(157) (b) Central Ministry of Finance
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(158) (b) Estimates Committee
(159) (c) the Legislature

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(160) (a) 1919
(161) (a) To work out the modalities for the transfer of power
(162) (a) 1935
(163) (b) 2nd September 1946
(164) (c) June 1947
(165) (b) 73rd amendment
(166) (d) Community Development Programme
(167) (b) Ashok Mehta
(168) (d) V P Singh
(169) (a) Government of India Act 1909
(170) (b) 11
(171) (a) 86th
(172) (c) 1952
(173) (a) Finance Act of 1951
(174) (a) President
(175) (b) State list
(176) (d) Concurrent list
(177) (b) Parliament
(178) (c) Finance Commission
(179) (b) The President
(180) (c) Article 360
(181) (a) Habeas Corpus
(182) (c) Advisory jurisdiction
(183) (b) Can’t challenge in a court of law
(184) (b) 124
(185) (c) 226
(186) (b) Parliament
(187) (b) Impeachment
(188) (c) Article 143
(189) (b) 9th
(190) (d) Canada
(191) (a) Not to amend the basic structure of the Constitution
(192) (c)Article 21
(193) (a) Retrace of the state
(194) (d) antagonistic assertion in all spheres of life
(195) (a) secular credential
(196) (d) Consumerism
(197) (a) Article 131
(198) (b) 143
(199) (b) First reading, second reading, committee stage, report stage, third reading
(200) (b) the judiciary

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