UNIT 1

Historical Background of the Indian Constitution

The Indian Constitution, which came into effect on January 26, 1950, is a result of a long
historical evolution influenced by colonial rule, political movements, and legal developments.
The historical background of the Indian Constitution can be examined through three key
aspects:

1.1 Colonial Legacy and Political Culture in India

India's political culture and constitutional framework have been significantly shaped by its
colonial past. British colonial rule, which lasted nearly 200 years, left a profound impact on
India's governance structures, legal systems, and administrative frameworks. The British
introduced Western legal concepts, parliamentary institutions, and bureaucratic governance,
which later influenced the drafting of the Indian Constitution.

Key elements of colonial legacy include:

• Rule of Law: Established through British legal principles, which emphasized a

codified legal system and judicial independence. This introduced a system where all
individuals, including the ruling authorities, were subject to the law.

• Bureaucracy: The Indian Civil Service (ICS), which was initially dominated by
British officials, set the foundation for India's administrative structure. It established a
hierarchical system of governance that continues to shape India’s bureaucracy today.

• Legislative Institutions: The British introduced various legislative bodies, such as

the Indian Councils Act of 1861 and 1892, which gradually included Indian
representation. The Morley-Minto Reforms (1909) and Montagu-Chelmsford
Reforms (1919) expanded the participation of Indians in governance, although real
power remained with the British.

• Political Awareness and Movements: The colonial period witnessed the emergence
of political movements and organizations such as the Indian National Congress (1885)
and the Muslim League (1906). These movements fostered political consciousness
among Indians and played a crucial role in the demand for self-governance and
constitutional development.
 • Economic and Social Policies: British economic policies led to the exploitation of
Indian resources, which fueled nationalist movements demanding economic self-
reliance and equitable governance. The introduction of Western education and legal
frameworks also influenced social reforms and political discourse.

• Judiciary and Legal System: The British established a structured judicial system,
including the Supreme Court at Calcutta (1774) and the codification of laws such as
the Indian Penal Code (1860) and the Indian Evidence Act (1872), which continue
to be fundamental to the Indian legal system today.

Thus, the colonial legacy laid both the foundation and challenges for India's political culture,
influencing the governance, legal, and administrative systems that were later incorporated
into the Indian Constitution.

1.2 Government of India Acts of 1919 and 1935

The constitutional development of India was shaped by various acts passed by the British
Parliament. Among them, the Government of India Acts of 1919 and 1935 were particularly
significant.

Government of India Act, 1919 (Montagu-Chelmsford Reforms)

This Act marked the beginning of responsible government in India by introducing diarchy
(dual governance) in the provinces. Key features:

• Division of subjects into Reserved (controlled by the Governor) and Transferred

(controlled by elected Indian ministers) categories.

• Expansion of the legislative councils at both central and provincial levels.

• Limited franchise based on property and education qualifications.

• Establishment of bicameralism at the central level with the creation of the Council of
State and Legislative Assembly.

However, the Act failed to satisfy nationalist aspirations as real power remained with the
British authorities.

Government of India Act, 1935

This Act laid the foundation for many provisions of the present Indian Constitution. Key
features:
 • Abolition of diarchy at the provincial level and introduction of provincial
autonomy.

• Establishment of All India Federation, though it never came into existence due to the
non-participation of princely states.

• Division of powers into Federal, Provincial, and Concurrent lists, which influenced
the present structure of the Indian Constitution.

• Introduction of a Federal Court, which later inspired the Supreme Court of India.

Despite these reforms, British control remained strong, and dissatisfaction led to further
demands for complete independence.

1.3 Constituent Assembly and Making of the Constitution

The demand for a constituent assembly was first made by M.N. Roy in 1934, and it gained
momentum with the Indian National Congress adopting the resolution for it in 1935.
Eventually, the Constituent Assembly of India was formed in 1946 under the Cabinet
Mission Plan.

Formation of the Constituent Assembly

• The Constituent Assembly consisted of 389 members, including representatives

from British provinces and princely states.

• Dr. Rajendra Prasad was elected as the President of the Assembly.

• Dr. B.R. Ambedkar was appointed as the Chairman of the Drafting Committee,
playing a key role in shaping the final Constitution.

• The Assembly held 11 sessions over a period of 2 years, 11 months, and 18 days.

Key Features of the Making of the Constitution

• Influences: The Constitution drew inspiration from various sources, including the
British parliamentary system, American Bill of Rights, and Irish Directive Principles.

• Debates and Discussions: The Assembly debated extensively on fundamental rights,

governance structure, and social justice.

• Adoption: The final Constitution was adopted on November 26, 1949, and came into
force on January 26, 1950.
The Constitution of India, emerging from these historical processes, embodies a blend of
indigenous traditions, colonial experiences, and modern democratic ideals. It remains a living
document that continues to evolve with amendments and judicial interpretations.

UNIT 2

2.1. President, Prime Minister, and Council of Ministers

1. President of India

The President is the constitutional head of state and the supreme commander of the armed
forces. As the nominal executive, the President acts on the aid and advice of the Council of
Ministers, headed by the Prime Minister.

Election & Term

• Elected indirectly by an Electoral College consisting of:

o Elected members of both Houses of Parliament

o Elected members of State Legislative Assemblies

• The term is five years but can seek re-election.

• Can be removed through impeachment under Article 61.

Powers & Functions

1. Executive Powers

o Appoints the Prime Minister and other ministers.

o Appoints Governors, Chief Justice of India, other judges, Attorney General,

CAG, UPSC members, etc.

o Administers Union Territories.

2. Legislative Powers

o Summons and prorogues Parliament.

o Dissolves the Lok Sabha.

o Nominates 12 members to Rajya Sabha and 2 Anglo-Indians (if necessary) to

Lok Sabha.
 o Gives assent to bills, holds veto powers, and promulgates ordinances under
Article 123.

3. Judicial Powers

o Appoints Chief Justice and other judges of the Supreme Court and High
Courts.

o Can grant pardons, reprieves, respites, and remissions of punishment under

Article 72.

4. Emergency Powers (Articles 352, 356, 360)

o National Emergency

o President’s Rule in States

o Financial Emergency

2. Prime Minister of India

The Prime Minister (PM) is the head of government and the real executive authority in India.

Appointment & Term

• Appointed by the President, usually the leader of the majority party in the Lok Sabha.

• Holds office as long as they have the confidence of the Lok Sabha.

Powers & Functions

1. Executive Powers

o Forms and heads the government.

o Allocates portfolios to ministers.

o Represents India in international affairs.

2. Legislative Powers

o Leader of the Lok Sabha.

o Guides and controls parliamentary proceedings.

3. Advisory Role
 o Advises the President on various appointments.

o Plays a key role in decision-making for national policies.

4. Crisis Management

o Leads the nation during emergencies.

o Ensures internal and external security.

3. Council of Ministers

The Council of Ministers aids and advises the President in governance. It is responsible to the
Lok Sabha under Article 75.

Composition

1. Cabinet Ministers – Senior ministers handling major ministries like Home, Finance,
Defence.

2. Ministers of State – Can be given independent charge or work under Cabinet

Ministers.

3. Deputy Ministers – Assist Ministers in administrative work.

Collective Responsibility (Article 75(3))

• The Council of Ministers is collectively responsible to the Lok Sabha.

• If a no-confidence motion is passed, the entire Council, including the PM, must
resign.

Ministerial Responsibilities

• Collective Responsibility – The entire Council is responsible for Cabinet decisions.

• Individual Responsibility – Each minister is responsible for their respective ministry.

• Cabinet Secrecy – Ministers must not disclose Cabinet discussions.

Conclusion

The President is the ceremonial head, while the Prime Minister and the Council of Ministers
exercise real executive power. This structure ensures a balance between parliamentary
democracy and a responsible government under the Constitution.
2.2. Governor, Chief Minister, and Council of Ministers

1. Governor

The Governor is the constitutional head of a state in India, acting as the representative of the
President. The Governor performs functions similar to the President but at the state level.

Appointment & Term

• Appointed by the President of India under Article 155.

• Holds office for a term of five years but serves at the pleasure of the President.

• Can be removed by the President at any time.

Powers & Functions

1. Executive Powers

o Appoints the Chief Minister and other ministers.

o Administers oaths to state officials.

o Appoints the Advocate General, State Election Commissioner, and other

key officials.

o Has the power to recommend President’s Rule (Article 356) in case of

constitutional failure in the state.

2. Legislative Powers

o Summons, prorogues, and dissolves the State Legislative Assembly.

o Nominates one member from the Anglo-Indian community (if necessary).

o Gives assent to bills or withholds them (can send them for Presidential
consideration).

o Can promulgate ordinances under Article 213 when the legislature is not in
session.

3. Judicial Powers

o Grants pardons, reprieves, and remissions under Article 161 for state-level
offenses.
 4. Discretionary Powers

o Can withhold assent to bills or reserve bills for the President.

o Can recommend dissolution of the State Assembly.

o Decides on appointment of Chief Minister when no clear majority exists.

2. Chief Minister

The Chief Minister (CM) is the head of the state government and exercises real executive
authority.

Appointment & Term

• Appointed by the Governor under Article 164.

• Leader of the majority party in the Legislative Assembly.

• Holds office as long as they have the confidence of the Assembly.

Powers & Functions

1. Executive Powers

o Heads the Council of Ministers and distributes portfolios.

o Advises the Governor on key appointments.

o Acts as a link between the Governor and the state legislature.

2. Legislative Powers

o Leader of the State Legislative Assembly.

o Introduces bills and government policies.

o Guides law-making processes at the state level.

3. Financial Powers

o Prepares and presents the State Budget.

o Controls state financial administration.

4. Crisis Management

o Takes charge during emergencies and natural disasters.

 o Coordinates law and order with the police and administration.

3. Council of Ministers

The Council of Ministers, led by the Chief Minister, is responsible for the administration of
the state.

Composition

1. Cabinet Ministers – Handle key portfolios such as Finance, Home, Education, etc.

2. Ministers of State – Assist Cabinet Ministers or hold independent charges.

3. Deputy Ministers – Assist in administrative work.

Responsibilities

• Collective Responsibility (Article 164(2)): The entire Council of Ministers is

responsible to the State Legislative Assembly.

• Individual Responsibility: Ministers are accountable for their respective

departments.

• Aid and Advice (Article 163): The Governor acts on the advice of the Council of
Ministers, except in discretionary matters.

Conclusion

The Governor is the ceremonial head of the state, while the Chief Minister and the Council of
Ministers exercise real executive power. The relationship between the Governor and the CM
ensures the smooth functioning of a state within the federal structure of India.

2.3. Union Legislature and State Legislative Assemblies

India follows a bicameral parliamentary system at the Union level and a unicameral or
bicameral system at the state level.

1. Union Legislature (Parliament of India)

The Parliament of India is the supreme legislative body of the country. It consists of two
houses and the President.

Composition

1. Lok Sabha (House of the People) – Lower House

 o Members: 545 (543 elected + 2 nominated from Anglo-Indian community, if
required).

o Term: 5 years, unless dissolved earlier.

o Representation: Members are directly elected by universal adult suffrage.

o Speaker: Presides over proceedings.

o Role: Controls finance, initiates Money Bills, and represents the will of the
people.

2. Rajya Sabha (Council of States) – Upper House

o Members: 250 (238 elected by State Legislative Assemblies + 12 nominated

by the President).

o Term: Permanent House; one-third of its members retire every two years.

o Representation: Members are elected by MLAs through proportional

representation.

o Chairman: Vice President of India is the ex-officio chairman.

o Role: Reviews, revises, and delays legislation; represents states.

3. President of India

o Part of the Union Legislature.

o Gives assent to bills, can summon, prorogue, dissolve Parliament, and issue
ordinances (Article 123).

Powers & Functions of Parliament

1. Legislative Powers:

o Makes laws on Union List subjects and Concurrent List (along with states).

o Can make laws on State List during emergencies (Article 249).

2. Financial Powers:

o Lok Sabha has the final say in passing the Budget and Money Bills.

o No taxation or expenditure without Parliament’s approval.

 3. Executive Control:

o Council of Ministers is collectively responsible to Lok Sabha (Article 75(3)).

o Parliament can pass no-confidence motions to remove the government.

4. Judicial Functions:

o Can impeach the President, Vice President, judges of Supreme Court and
High Courts.

5. Amendment Powers:

o Can amend the Constitution under Article 368.

2. State Legislature

Each state in India has a legislature that can be unicameral (one house) or bicameral (two
houses).

Types of State Legislatures

1. Unicameral Legislature (Most states)

o Only Legislative Assembly (Vidhan Sabha) exists.

2. Bicameral Legislature (Few states like Uttar Pradesh, Bihar, Maharashtra,

Karnataka, etc.)

o Legislative Assembly (Vidhan Sabha) – Lower House

o Legislative Council (Vidhan Parishad) – Upper House

Composition

1. Legislative Assembly (Vidhan Sabha)

o Members: Directly elected by the people.

o Term: 5 years, but can be dissolved earlier.

o Speaker: Presides over proceedings.

o Role: Makes laws for the state, controls finances, and holds the government
accountable.
 2. Legislative Council (Vidhan Parishad) (where applicable)

o Members: Not more than 1/3rd of the Assembly’s strength.

o Term: Permanent body, one-third of members retire every two years.

o Representation: Indirect election (MLAs, teachers, graduates, Governor’s

nominees).

o Role: Acts as a revision chamber.

Powers & Functions of State Legislature

1. Legislative Powers:

o Makes laws on State List and Concurrent List.

2. Financial Powers:

o Legislative Assembly controls state budget and taxation.

o Money Bills originate only in the Assembly.

3. Executive Control:

o Council of Ministers is responsible to the Legislative Assembly.

o Can pass no-confidence motions.

4. Judicial Functions:

o Can recommend removal of judges of the state High Court.

3. Comparison: Parliament vs. State Legislature

Feature Parliament (Union) State Legislature

Houses Bicameral (Lok Sabha & Rajya Sabha) Unicameral or Bicameral

Direct (Lok Sabha), Indirect (Rajya Direct (Assembly), Indirect

Elections
Sabha) (Council)

Lok Sabha – 5 years, Rajya Sabha – Assembly – 5 years, Council –

Term
Permanent Permanent
Feature Parliament (Union) State Legislature

Powers Laws on Union & Concurrent List Laws on State & Concurrent List

Executive PM & Cabinet responsible to Lok CM & Ministers responsible to

Control Sabha Assembly

Conclusion

The Union Parliament is responsible for national legislation, whereas State Legislatures
handle state-level governance. Both follow the parliamentary system but differ in their
scope and jurisdiction.

2.4. Nature of Federalism in India

1. Meaning of Federalism

Federalism is a system of governance in which power is divided between a central authority

and various regional units (states or provinces). It ensures autonomy for both levels of
government while maintaining unity in a single political entity.

2. Nature of Indian Federalism

India follows a quasi-federal structure, meaning it has both federal and unitary features.
The Supreme Court of India has described India as a "federation with a strong unitary
bias."

3. Key Features of Indian Federalism

A. Federal Features (Similar to Classic Federations like the U.S.)

1. Dual Government System

o India has two levels of government – the Union Government and State
Governments.

o Each has its own jurisdiction as defined by the Constitution.

2. Division of Powers (Seventh Schedule)

 o Union List (List I): Subjects under central control (e.g., defense, foreign
affairs).

o State List (List II): Subjects under state control (e.g., police, public health).

o Concurrent List (List III): Subjects where both can legislate (e.g.,
education, criminal law).

3. Supremacy of the Constitution

o The Constitution is the supreme law, and both Union and State Governments
must follow it.

4. Independent Judiciary

o The Supreme Court and High Courts ensure that both Union and State
Governments function within their limits.

o The Supreme Court acts as the guardian of the Constitution (Article 131).

5. Bicameralism at the Union Level

o The Rajya Sabha represents the states and protects their interests.

B. Unitary Features (Stronger Central Authority than a Classic Federation)

1. Strong Centre

o The Union Government has more power than the States.

o Parliament can make laws on State List subjects under certain conditions
(Articles 249, 250, 252).

2. Single Constitution

o Unlike the U.S., where each state has its own Constitution, India has a single
Constitution for both the Union and States.

3. Single Citizenship

o In the U.S., people have dual citizenship (state and federal), but in India,
there is only Indian citizenship.

4. Emergency Provisions (Articles 352-360)

 o The Union Government can assume complete control of states during:

▪ National Emergency (Article 352)

▪ State Emergency / President’s Rule (Article 356)

▪ Financial Emergency (Article 360)

5. Governor’s Role

o The Governor, appointed by the President, acts as the Centre’s representative

in the State.

o He can reserve bills for the President’s consideration and recommend

President’s Rule.

6. Parliament’s Control Over States

o Rajya Sabha (upper house) can authorize Parliament to make laws on State
List subjects (Article 249).

o Parliament approves the creation of new states or changes to their

boundaries (Article 3).

4. Indian Federalism: Quasi-Federal or Cooperative Federalism?

• Quasi-Federalism (K.C. Wheare): India is federal in structure but unitary in spirit.

• Cooperative Federalism: The Centre and States work together to ensure effective
governance.

• Competitive Federalism: States compete for investments, economic growth, and

better governance.

5. Conclusion

Indian federalism is unique – it provides autonomy to states but ensures a strong central
authority for national integrity. It is a blend of federalism and unitarism, making it a
flexible system suited for India’s diverse needs.

2.5. Judiciary: Supreme Court and the High Court - Composition and Jurisdiction;
Judicial Review and Judicial Activism

1. Introduction
The judiciary in India is an independent and powerful institution that upholds the
Constitution, protects fundamental rights, and ensures justice. It follows an integrated
and hierarchical structure, with the Supreme Court at the top, followed by High Courts
and subordinate courts.

The Indian judiciary also plays a vital role in interpreting the Constitution and reviewing the
validity of laws and government actions.

2. Supreme Court of India

A. Composition of the Supreme Court

The Supreme Court of India is the highest court in the country, established under Article
124 of the Constitution.

• Number of Judges:

o The Supreme Court consists of the Chief Justice of India (CJI) and a
maximum of 33 other judges.

• Appointment:

o Judges of the Supreme Court are appointed by the President of India in

consultation with the Chief Justice of India and senior judges of the Supreme
Court and High Courts.

o The collegium system plays a key role in appointments.

• Tenure and Removal:

o Judges retire at the age of 65 years.

o They can be removed only through impeachment by Parliament, on grounds

of proven misbehavior or incapacity (Article 124(4)).

B. Jurisdiction of the Supreme Court

The Supreme Court has various types of jurisdiction:

1. Original Jurisdiction (Article 131)

o It handles disputes directly between:

▪ The Union Government and one or more States.

 ▪ Two or more States.

▪ The Union and any State(s) over legal or constitutional matters.

o Example: If two states have a dispute over river water sharing, the Supreme
Court has exclusive authority to decide the case.

2. Appellate Jurisdiction (Articles 132-136)

o The Supreme Court can hear appeals against judgments from High Courts in:

▪ Civil cases.

▪ Criminal cases.

▪ Cases involving constitutional interpretation.

o It can also grant Special Leave to Appeal (SLP) under Article 136, allowing
it to hear cases that do not fall under regular appeal categories.

3. Advisory Jurisdiction (Article 143)

o The President of India can refer legal or constitutional matters to the

Supreme Court for advice.

o The advice is not binding on the President.

o Example: The President sought Supreme Court's advice on the Ayodhya land
dispute.

4. Writ Jurisdiction (Article 32)

o The Supreme Court can issue writs to enforce fundamental rights of citizens.

o Types of writs:

▪ Habeas Corpus – "Produce the body" (to release an unlawfully

detained person).

▪ Mandamus – Order to a public official to perform a duty.

▪ Prohibition – Prevents a lower court from exceeding its jurisdiction.

▪ Certiorari – Transfers a case from a lower court to a higher court.

 ▪ Quo Warranto – Questions the legality of a person holding a public
office.

5. Judicial Review (Article 13)

o The Supreme Court can strike down any law or executive action that violates
the Constitution.

3. High Courts of India

A. Composition of High Courts

• Each State or Union Territory has a High Court. Some High Courts serve multiple
states (e.g., the Punjab and Haryana High Court serves both Punjab and Haryana).

• Number of Judges: No fixed number; it varies based on workload.

• Appointment:

o The President appoints judges in consultation with the Chief Justice of

India, the Governor of the State, and the Chief Justice of the High Court.

• Tenure:

o High Court judges retire at 62 years.

o Can be removed only through impeachment.

B. Jurisdiction of High Courts

1. Original Jurisdiction

o Some High Courts (like Calcutta, Bombay, Madras, and Delhi) have the
power to hear certain cases directly, such as:

▪ Disputes related to property.

▪ Company law matters.

▪ Cases involving fundamental rights.

2. Appellate Jurisdiction

o High Courts hear appeals from district courts and subordinate courts in
both civil and criminal cases.
 3. Writ Jurisdiction (Article 226)

o High Courts can issue writs (like the Supreme Court) to protect fundamental
rights.

o However, they can also issue writs for legal rights beyond fundamental
rights, giving them wider power than the Supreme Court.

4. Supervisory Jurisdiction (Article 227)

o High Courts have the authority to supervise and control all lower courts and
tribunals in their jurisdiction.

4. Judicial Review and Judicial Activism

A. Judicial Review

• Judicial Review is the power of the judiciary to examine laws and executive
actions to check whether they violate the Constitution.

• If a law or action violates fundamental rights, the judiciary can declare it

unconstitutional.

• Key Constitutional Provisions for Judicial Review:

o Article 13 – Declares unconstitutional laws as null and void.

o Article 32 & 226 – Allows courts to issue writs to enforce rights.

o Articles 131, 136, 143 – Allow the Supreme Court to settle disputes and
provide constitutional interpretations.

Important Cases of Judicial Review

1. Kesavananda Bharati v. State of Kerala (1973)

o Established the Basic Structure Doctrine (Parliament cannot alter the

fundamental structure of the Constitution).

2. Minerva Mills v. Union of India (1980)

o Limited Parliament’s power to amend the Constitution.

3. Golaknath v. State of Punjab (1967)

 o Ruled that fundamental rights cannot be amended.

B. Judicial Activism

• Judicial Activism refers to the proactive role of the judiciary in protecting the
rights of citizens and promoting justice, even in areas where laws are unclear.

• It is often exercised through Public Interest Litigations (PILs) under Article 32 &
226.

Examples of Judicial Activism

1. Maneka Gandhi v. Union of India (1978)

o Expanded Article 21 (Right to Life and Personal Liberty).

2. Vishaka v. State of Rajasthan (1997)

o Established guidelines for preventing sexual harassment at the workplace.

3. M.C. Mehta Cases

o Led to strict environmental protection laws.

Methods of Judicial Activism

• Interpretation of Fundamental Rights broadly.

• Overruling executive inaction.

• Creation of new legal frameworks (e.g., Vishaka Guidelines).

5. Conclusion

• The Supreme Court and High Courts play a vital role in maintaining constitutional
order, justice, and rights.

• The judicial review checks laws and government actions.

• Judicial Activism ensures justice even in the absence of strong laws.

• Together, they make the judiciary a pillar of democracy in India.

 UNIT 3

Welfare Responsibilities of State Government

1. Health and Sanitation

Explanation:
State governments are responsible for public health, running hospitals, immunization drives,
and health education. They also monitor sanitation infrastructure like waste disposal and
clean water supply.

Example:

• Tamil Nadu pioneered low-cost universal health care through Tamil Nadu Medical
Services Corporation (TNMSC).

• Case Study:
During the COVID-19 pandemic, Kerala set an example by implementing aggressive
testing, contact tracing, and community kitchens. The decentralized health
infrastructure helped Kerala flatten the curve early.

2. Education

Explanation:
States oversee primary to higher education, curriculum development (State Boards), teacher
recruitment, and infrastructure like classrooms and toilets.

Example:

• Midday Meal Scheme: Initiated by Tamil Nadu and later adopted nationally.
Improved school attendance and nutrition.

• Case Study:
Delhi’s Government Schools Revamp: Aam Aadmi Party-led Delhi Government
transformed public schools through infrastructure upgrades, teacher training, and
parent engagement, improving pass rates significantly.

3. Social Security and Employment

Explanation:
This includes unemployment benefits, pensions for the elderly, widows, and persons with
disabilities, and implementation of schemes like MGNREGA.
Example:

• West Bengal’s Kanyashree Scheme provides financial aid to girl students to prevent
child marriage and encourage education.

• Case Study:
MGNREGA in Rajasthan: The state provided more than 100 days of work per
family during drought years, helping prevent rural migration and ensuring livelihood.

4. Housing and Urban Development

Explanation:
State governments provide housing to the poor through slum redevelopment, rent control
laws, and urban infrastructure development.

Example:

• Pradhan Mantri Awas Yojana (PMAY) is centrally sponsored but implemented by

states.

• Case Study:
Odisha’s Jaga Mission (2017): World’s largest slum land titling initiative that gave
land rights to over 1 million slum dwellers, enabling them access to housing loans and
basic services.

5. Welfare of Weaker Sections

Explanation:
Focuses on upliftment of SCs, STs, OBCs, and minorities via scholarships, reservation in
education/jobs, and economic empowerment schemes.

Example:

• Telangana's Dalit Bandhu Scheme: Provides ₹10 lakh financial assistance per Dalit
family to start a business.

• Case Study:
Tribal Welfare in Chhattisgarh: The state created PESA Act rules to give tribal
gram sabhas rights over natural resources.

6. Agriculture and Rural Development

Explanation:
Involves subsidies, support prices, irrigation projects, and rural connectivity schemes like
PMGSY (Pradhan Mantri Gram Sadak Yojana).

Example:

• Rythu Bandhu in Telangana: Direct cash support to farmers at the start of crop
season.

• Case Study:
Punjab's Free Power to Farmers: Though controversial due to groundwater
overuse, it has been a politically popular measure ensuring agricultural productivity.

7. Women and Child Welfare

Explanation:
States implement schemes to combat gender-based violence, child labor, and malnutrition,
and promote education and maternal health.

Example:

• Karnataka’s Bhagyalakshmi Scheme: Financial support for girl children born to

BPL families.

• Case Study:
Kudumbashree in Kerala: A community-based women empowerment program
involving 4.5 million women in micro-enterprises and local governance.

II. Inclusive Growth: Structures for Inclusive Growth

1. Constitutional and Legal Framework

Explanation:
The 73rd and 74th Amendments empowered local governments (panchayats and
municipalities) to plan and implement inclusive development.

Case Study:

• Kerala’s People’s Plan Campaign (1996): Gave financial and planning powers to
panchayats. Led to improved local roads, drinking water, and libraries.

2. Planning and Policy Structures

Explanation:
Bodies like NITI Aayog at the center and State Planning Boards frame growth strategies
with equity and sustainability.

Example:

• NITI Aayog’s Aspirational Districts Program identifies backward districts and

helps them improve through targeted intervention.

3. Institutional Mechanisms

Explanation:
Special departments and commissions protect the rights of marginalized groups, such as
SC/ST Commissions and Women Commissions.

Case Study:

• Madhya Pradesh Women’s Commission has intervened in domestic violence cases

and recommended stronger policies on workplace safety.

4. Financial Structures

Explanation:

• State Finance Commissions recommend fund devolution to panchayats and

municipalities.

• Welfare schemes are financed through both state and centrally sponsored schemes.

Example:

• DBT (Direct Benefit Transfer) ensures that subsidies like LPG or pensions go
directly to beneficiaries, reducing leakages.

5. Employment & Skill Development Initiatives

Explanation:
State missions promote entrepreneurship, vocational education, and self-help groups.

Case Study:

• Jharkhand Skill Development Mission helped train tribal youth in construction and
retail, leading to better job opportunities.
6. Public-Private Partnerships (PPP)

Explanation:
States collaborate with private players in sectors like health (private clinics in rural areas),
education (CSR-funded schools), and sanitation (toilet construction).

Case Study:

• Chhattisgarh’s PPP Model in Healthcare: Operates diagnostic centers in remote

areas in partnership with private companies.

7. Digital Inclusion Structures

Explanation:
Digital India’s vision is implemented at the state level through e-governance, digital literacy,
and Common Service Centres (CSCs).

Example:

• e-Mitra in Rajasthan: Single-window digital platform for over 300 government

services.

8. Monitoring and Accountability Mechanisms

Explanation:
RTI, Social Audits, Lokayuktas ensure transparency in welfare delivery.

Case Study:

• Andhra Pradesh Social Audit of MGNREGA: Identified ghost beneficiaries and

misappropriation, leading to recovery of crores.

Summary

Theme Key Role of State Example / Case Study

Health Affordable access Kerala COVID response

Education School improvement Delhi school model

Employment Job security MGNREGA in Rajasthan

Theme Key Role of State Example / Case Study

Women Empowerment Financial inclusion Kudumbashree

Agriculture Support to farmers Rythu Bandhu

Digital Access E-governance e-Mitra (Rajasthan)

UNIT 4

Major Institutions: 4.1. Central Vigilance Commission (CVC)

Introduction

The Central Vigilance Commission (CVC) is an apex Indian governmental body created
to address governmental corruption. It monitors all vigilance activity under the Central
Government and advises various authorities in central government organizations in planning,
executing, reviewing, and reforming their vigilance work.

Legal Status

• Initially established in 1964 by an executive resolution on the recommendation of the

Santhanam Committee on Prevention of Corruption.

• It became a statutory body through the enactment of the CVC Act, 2003.

Composition of the Commission

• Central Vigilance Commissioner – Chairperson

• Two Vigilance Commissioners – Members

Appointment:
By the President of India on the recommendation of a committee consisting of:

• Prime Minister (Chairperson)

• Home Minister (Member)

• Leader of the Opposition in the Lok Sabha (Member)

Tenure: 4 years or until 65 years of age, whichever is earlier.

Functions and Powers of the CVC

Function Area Description

Advisory Role Advises Central Government organizations on vigilance matters.

Exercises superintendence over the functioning of the Delhi Special

Supervision of
Police Establishment (CBI) in relation to investigations under the
CBI
Prevention of Corruption Act.

Vigilance Gives clearance for senior government officers' appointments and

Clearance promotions.

Public Servant
Inquires into complaints against public servants.
Complaints

Monitoring and Monitors vigilance activities of various central organizations and

Review departments.

Submits annual reports to the President, who places them before the
Annual Reports
Parliament.

Significance of CVC

• Strengthens the fight against corruption in public administration.

• Ensures greater transparency and accountability in governance.

• Acts as an institutional mechanism to prevent misuse of power by public servants.

Relevant Provisions and Legal Framework

• CVC Act, 2003

• Prevention of Corruption Act, 1988

• Criminal Procedure Code

• Rules framed under the All India Services Act for disciplinary action

Case Studies / Real-World Examples

1. CWG Scam (2010)

 • CVC flagged major irregularities in contracts related to the Commonwealth Games.

• Resulted in several high-level inquiries and prosecution of officials like Suresh

Kalmadi.

2. CBI vs CBI Crisis (2018)

• The CVC was involved in supervising the investigation between then CBI Director
Alok Verma and Special Director Rakesh Asthana.

• CVC submitted its report to the Supreme Court under sealed cover.

• Supreme Court ordered Alok Verma’s reinstatement but restricted his powers.

3. Vigilance Clearance Denied

• CVC denied vigilance clearance to several high-ranking IAS and IPS officers,
delaying or cancelling their promotions, citing pending corruption inquiries.

Limitations of the CVC

Issue Explanation

Lack of Enforcement
It can only advise and recommend; it cannot enforce its decisions.
Power

Only covers central government employees, not state employees

Limited Jurisdiction
or politicians.

Relies on CBI and departmental vigilance wings for

Dependence on CBI
investigations.

Cannot initiate investigations on its own without a complaint or

No suo motu Powers
reference.

Suggestions for Reform

• Grant CVC the power of prosecution.

• Bring all public servants, including political executives, under its jurisdiction.
 • Ensure greater independence from the executive.

• Improve infrastructure for better surveillance and technology-enabled investigation.

Conclusion

The Central Vigilance Commission plays a vital role in promoting integrity in public
administration. Though its powers are limited, its oversight and advisory functions help in
checking corruption and promoting good governance. Strengthening it through reforms can
significantly enhance accountability in Indian democracy.

4.2. Election Commission of India (ECI)

Introduction

The Election Commission of India (ECI) is a constitutional body entrusted with the
responsibility of conducting free and fair elections in India. It plays a pivotal role in
strengthening democracy by ensuring that the electoral process is impartial and transparent.

Constitutional Status

• Established under Article 324 of the Constitution of India.

• Came into force on 25th January 1950.

• 25th January is celebrated as National Voters’ Day.

Composition of the ECI

Initially, the Election Commission was a single-member body, but since 1993, it has been
functioning as a multi-member body.

• Chief Election Commissioner (CEC)

• Two Election Commissioners

Appointment:

• Appointed by the President of India.

• The Constitution does not prescribe specific qualifications.

Tenure:

• 6 years or until 65 years of age (whichever is earlier).

Removal:

• The CEC can only be removed like a Supreme Court judge (on grounds of proven
misbehavior or incapacity, by Parliament).

• Other Election Commissioners can be removed by the President on the

recommendation of the CEC.

Functions and Powers of the Election Commission

Function Area Description

Conducts elections to Parliament, State Legislatures, and offices of

Conduct of Elections
President and Vice-President.

Preparation of Electoral Supervises the preparation, revision, and updating of electoral

Rolls rolls.

Political Party Registers political parties, allots symbols, and monitors

Regulation compliance with model codes.

Model Code of Conduct Issues and enforces the MCC to ensure free and fair conduct
(MCC) during elections.

Resolves disputes related to elections, disqualification of

Adjudication Powers
candidates, and symbol allocation.

Runs awareness programs like SVEEP (Systematic Voters’

Voter Education
Education and Electoral Participation).

Promotes use of EVMs and VVPATs for transparent and efficient

Use of Technology
elections.

Significance of the ECI

• Acts as the guardian of democracy.

• Ensures level playing field for all political parties.

• Prevents muscle power, money power, and electoral malpractices.

 • Enhances public trust in the democratic process.

Important Constitutional Provisions

• Article 324 – Superintendence, direction and control of elections

• Articles 325 & 326 – Universal adult suffrage and equal right to vote

• Representation of People Act, 1950 & 1951 – Provide legal framework for elections

Case Studies / Real-World Examples

1. TN Seshan Reforms (1990s)

• As Chief Election Commissioner, T.N. Seshan revolutionized the ECI.

• Enforced Model Code of Conduct, curbed booth capturing, and made electoral
expenses more transparent.

2. 2019 General Elections

• Largest democratic exercise in the world, conducted peacefully across 7 phases.

• Use of EVMs and VVPATs, massive voter outreach through SVEEP.

• Managed over 900 million voters with transparency.

3. EC vs Political Parties (2021-2022)

• During state elections, EC took action against leaders for violating MCC.

• Suspended rallies during COVID-19 to protect public health.

4. Disqualification of Candidates

• EC recommended disqualification of MPs and MLAs convicted under certain offenses

(e.g., Lily Thomas v. Union of India (2013)).

• Supreme Court upheld that disqualified members cannot continue in office.

Challenges Faced by the Election Commission

Challenge Description

Political Pressure Accusations of bias and delay in acting against powerful

Challenge Description

political parties.

Cannot disqualify candidates directly; recommends to the

Limited Power to Punish
President or Speaker.

Lack of Independence in No independent mechanism to appoint Election

Appointments Commissioners.

Increasing violations by political leaders and difficulty in

MCC Violations
enforcement.

Suggested Reforms

1. Independent Appointment Mechanism – Involving judiciary and opposition.

2. Statutory Backing for MCC – So that it has legal force.

3. Permanent Secretariat – With its own cadre of officers.

4. Greater Power for Disqualification – For fake affidavits, hate speech, etc.

Conclusion

The Election Commission of India is a pillar of democratic governance. Despite limitations,

it has played a crucial role in conducting free and fair elections in the world’s largest
democracy. Empowering it further with legal reforms can enhance its efficiency, neutrality,
and authority.

4.3. Union Public Service Commission (UPSC)

Introduction

The Union Public Service Commission (UPSC) is India’s central recruiting agency. It is
a constitutional body responsible for conducting examinations and appointments to the All
India Services and Central Civil Services. UPSC plays a key role in maintaining merit-
based selection in Indian bureaucracy.

Constitutional Status
 • Articles 315 to 323 of Part XIV of the Constitution of India deal with Public Service
Commissions.

• UPSC was established on 1st October 1926 (as Public Service Commission); it
became the Union Public Service Commission after independence.

Composition of UPSC

• Chairman

• Other members (usually 9–11 members)

Appointment:

• Appointed by the President of India.

Tenure:

• 6 years or until 65 years of age, whichever is earlier.

Removal:

• Can only be removed by the President under specific conditions (misbehavior or

insolvency), after an inquiry by the Supreme Court.

Functions and Powers of UPSC (Article 320)

Function Area Description

Conduct Conducts examinations for appointments to the All India Services and
Exams Central Civil Services (IAS, IPS, IFS, IRS, etc.)

Recruitment Direct recruitment by selection through interviews.

Advisory Role Advises the Government on matters relating to:

• methods of recruitment,

• promotions and transfers,

• disciplinary cases | | Service Rules | Assists in framing recruitment rules for different
posts and services under the Government of India. | | Joint Recruitment | Can assist
State PSCs or even undertake joint recruitment for services requiring candidates for
more than one state (on request). |
 Significance of the UPSC

• Ensures transparency, fairness, and meritocracy in civil service recruitment.

• Acts as a watchdog for the integrity of the recruitment process.

• Promotes efficiency and professionalism in public administration.

• Protects the autonomy and neutrality of the bureaucracy from political interference.

Legal and Constitutional Provisions

• Article 315 – Establishment of Public Service Commissions for Union and States

• Article 316 – Appointment and term of office

• Article 317 – Removal and suspension

• Article 320 – Functions of Public Service Commissions

Case Studies / Real-World Examples

1. UPSC Civil Services Exam (CSE)

• Every year, UPSC conducts CSE to select officers for IAS, IPS, IFS, and other
Group A and B posts.

• More than 10 lakh candidates apply annually.

• The exam is widely regarded as one of the most competitive in the world.

2. Disciplinary Role Example

• UPSC was consulted in the case of a senior bureaucrat accused of misconduct in a

financial fraud.

• Based on UPSC’s recommendations, the Department of Personnel and Training

(DoPT) decided on his suspension and departmental proceedings.

3. UPSC vs Political Influence

• In 2014, when there was political pressure to alter recruitment policies (e.g., CSAT
paper pattern), UPSC maintained its independence by resisting changes not backed by
expert input.
 • Highlights UPSC’s autonomy in preserving merit-based selection.

Challenges Faced by UPSC

Challenge Description

Changing Bureaucracy needs to adapt to new areas like AI, digital

Administrative Needs governance, etc., but exams are slow to change.

With lakhs of aspirants and limited seats, maintaining quality is a

Increasing Competition
constant challenge.

Delays in Recruitment Long recruitment cycles can impact government functioning.

Though rare, there are concerns about indirect pressure in

Political Interference
recruitment and selection.

Suggestions for Reform

1. Update Syllabi Regularly – Reflect new skill sets like digital literacy, public policy,
ethics.

2. Speed up Recruitment Process – Reduce lag time from exam to appointment.

3. Use of AI in Evaluation – For better transparency and efficiency in screening.

4. Greater Coordination with States – Especially for joint recruitment in specialized

roles.

Conclusion

The UPSC is a pillar of democratic governance and good administration. Its commitment
to fairness, merit, and neutrality has ensured that India’s civil services remain a model of
integrity and professionalism. Continuous reforms and modernization can help the UPSC
meet evolving governance challenges effectively.

4.4. Finance Commission of India

Introduction
The Finance Commission of India is a constitutional body set up to define the financial
relations between the Central Government and the State Governments. It ensures a fair
distribution of financial resources between the Union and the States and promotes fiscal
federalism.

Constitutional Status

• Established under Article 280 of the Indian Constitution.

• Constituted by the President of India every five years or earlier, if necessary.

• The first Finance Commission was set up in 1951, headed by K.C. Neogy.

Composition of the Finance Commission

• Chairperson (with experience in public affairs)

• Four other members

Appointment:

• Appointed by the President of India.

Eligibility (As per Finance Commission Act, 1951):

• The members should have experience in public affairs, economics, finance, or

administration.

Functions of the Finance Commission

Under Article 280(3), the Commission’s core functions include:

Function Area Description

Tax Revenue Recommends the distribution of net tax revenues between the
Distribution Centre and the States.

Suggests principles governing grants-in-aid to states from the

Grants-in-Aid
Consolidated Fund of India.

Augment State Recommends measures to supplement the resources of panchayats

Finances and municipalities.
Function Area Description

Other Assigned May be asked by the President to recommend on other matters

Functions related to sound finance.

Significance of the Finance Commission

• Strengthens cooperative federalism by ensuring fiscal balance.

• Promotes equity and efficiency in fiscal transfers.

• Acts as a neutral arbiter in Centre-State financial disputes.

• Supports development needs of states with low fiscal capacity.

Related Constitutional Provisions

Article Provision

Article 280 Mandates the establishment of the Finance Commission.

Article 275 Provides for grants-in-aid to certain States.

Article 266 Discusses Consolidated and Contingency Funds.

Example: 15th Finance Commission (2021–26)

• Chairman: N. K. Singh

• Key Recommendations:

o Vertical devolution: 41% of the divisible pool of taxes to states.

o Performance-based incentives for states in power sector reforms, sanitation,

etc.

o Grants for local bodies, disaster management, and health.

Case Studies / Examples

1. 14th Finance Commission (2015–2020):

 • Recommended 42% share of the divisible pool to states, up from 32%.

• Shifted focus from discretionary grants to tax devolution, giving more autonomy to
states.

2. 15th Finance Commission:

• Recognized new challenges like pandemic-related fiscal pressure.

• Recommended a special disaster risk management fund.

3. Impact on Backward States:

• States like Bihar, Uttar Pradesh, and Odisha benefited from increased grants and
higher devolution share due to their low income levels and development needs.

Challenges Faced by Finance Commissions

Challenge Description

Richer states like Maharashtra or Tamil Nadu often feel

Horizontal Imbalance
disadvantaged due to redistribution.

Changing Fiscal Health crises (e.g., COVID-19) need flexible responses not always
Needs covered in reports.

Concerns over transparency and whether recommendations are fully

Political Pressures
implemented.

Erosion of Fiscal State governments argue that they rely too heavily on central
Autonomy transfers.

Suggested Reforms

1. Permanent Finance Commission Secretariat for better research and continuity.

2. Greater Weight to Performance Metrics like efficiency and transparency in state

spending.

3. Inclusion of Civil Society/Experts in consultative process.

 4. Periodic Mid-Term Reviews to adapt to emerging challenges (like pandemics or
climate disasters).

Conclusion

The Finance Commission of India is essential for ensuring financial justice and
cooperative federalism in India. It upholds the constitutional vision of a balanced fiscal
arrangement and works towards reducing regional disparities while promoting development.
Strengthening its institutional capacity and independence is key to making India’s fiscal
structure more responsive and inclusive.

4.5. National Commission for Scheduled Castes (SCs) and Scheduled Tribes (STs)

Introduction

The National Commission for SCs and STs is a constitutional body that safeguards the
rights and interests of Scheduled Castes (SCs) and Scheduled Tribes (STs). It acts as a
watchdog for social justice, ensuring these historically marginalized communities are
protected against discrimination and have access to equal opportunities.

Constitutional Provisions

Initially, there was a single National Commission for SCs and STs under:

• Article 338 of the Indian Constitution.

However, by the 89th Constitutional Amendment Act, 2003, the original Article 338 was
amended, and a separate Commission for STs was created:

• Article 338 – National Commission for Scheduled Castes

• Article 338A – National Commission for Scheduled Tribes

Composition of the Commissions

Each Commission has:

• Chairperson

• Vice-Chairperson

• Three other members

Appointment:
By the President of India.

Tenure:
3 years from the date of assumption of charge.

Functions and Powers

A. Under Article 338 (SCs) and 338A (STs)

Function Explanation

Monitor the implementation of constitutional and legal safeguards

Monitoring Safeguards
for SCs/STs.

Investigation & Investigate complaints related to the deprivation of rights and

Inquiry safeguards.

Study and evaluate the level of development and participation in

Participation Reports
society.

Recommendations Advise on planning and socio-economic development of SCs/STs.

Reporting to the
Submit annual or special reports on the working of safeguards.
President

Any other function related to the welfare, protection, development,

Other Duties
and advancement of SCs/STs.

Significance of the Commissions

• Acts as a bridge between marginalized communities and the government.

• Ensures constitutional guarantees like Article 17 (Abolition of Untouchability) and

Article 46 (promotion of educational and economic interests of weaker sections) are
enforced.

• Acts as a quasi-judicial body with powers similar to a civil court.

Legal Powers
 • Civil Court Powers:

o Summoning and enforcing attendance of any person

o Requiring the discovery and production of documents

o Receiving evidence on affidavits

• These powers help them conduct inquiries and recommend action effectively.

Case Studies and Examples

1. Manual Scavenging and Atrocities

• The SC Commission played a critical role in highlighting manual scavenging in states

like Tamil Nadu and Maharashtra.

• Resulted in monitoring of rehabilitation programs and review of implementation of

the Prohibition of Employment as Manual Scavengers Act, 2013.

2. Denial of Promotions to SC Employees

• In multiple complaints, SC Commission intervened where government departments

failed to promote SC employees despite reservation rules.

• Recommended policy corrections and compensation.

3. Violence against STs – Kandhamal Case

• The ST Commission intervened after communal violence in Odisha (2008) affecting

tribal Christians.

• Suggested relief measures, compensation, and better law enforcement.

4. Report on Atrocities in Uttar Pradesh (2020)

• After incidents in Hathras and other areas, the NCSC visited victims' families,
submitted reports to the President, and demanded action against erring officers.

Challenges Faced by the Commissions

Challenge Description

Lack of Enforcement Power Recommendations are not binding on the government.

Challenge Description

Resource Constraints Insufficient manpower and funding for field investigations.

Delayed Justice Bureaucratic delays in action on their reports.

Political Interference Risk of commissions being politicized.

Suggestions for Reform

1. Make Recommendations Binding – At least in cases involving serious human rights

violations.

2. Strengthen Legal Framework – Empower commissions to initiate suo motu action

with punitive powers.

3. Increase Autonomy and Resources – Ensure independence from executive control.

4. Regular Public Disclosures – Increase transparency and accountability.

Conclusion

The National Commissions for SCs and STs are essential guardians of social justice in
India. By monitoring safeguards, addressing grievances, and recommending reforms, these
bodies play a pivotal role in promoting inclusive development and upholding the rights of
historically oppressed communities. Their strength and independence are crucial to
realizing the constitutional vision of equality, justice, and dignity for all.

4.6. Attorney General (AG) of India

Introduction

The Attorney General (AG) of India is the chief legal advisor to the Government of India
and the highest law officer in the country. He represents the Union Government in all legal
matters and performs duties of a legal nature assigned by the President.

Constitutional Provision

• Article 76 of the Indian Constitution deals with the Attorney General of India.
 • It is a constitutional post, similar to the office of the Advocate General at the state
level (Article 165).

Appointment and Qualifications

• Appointed by the President of India.

• Must be a person qualified to be appointed as a Judge of the Supreme Court, i.e.:

o Citizen of India

o Has been a judge of a High Court for 5 years, or

o An advocate of a High Court for 10 years, or

o An eminent jurist in the opinion of the President

Term and Removal

• No fixed term or retirement age.

• Holds office during the pleasure of the President.

• Can resign by submitting a resignation to the President.

Functions and Duties

Function Description

Legal Advice Advises the Government of India on legal matters.

Court Appears on behalf of the Union in the Supreme Court and High
Representation Courts.

Other Duties Performs other legal duties assigned by the President.

Has the right to speak and take part in the proceedings of both
Right of Audience
Houses of Parliament, though without voting rights.

Powers and Limitations

Powers
 • Can represent the Government of India in any court in the country.

• Can participate in Parliamentary proceedings to advise on legal matters.

Limitations

• Not a government servant; is allowed to practice privately, but cannot:

o Appear against the Government of India.

o Defend accused persons in criminal cases initiated by the Government.

Notable Attorneys General of India

Name Notable Contributions

M.C. Setalvad (1st AG) Played a vital role during the early years of the Republic.

Advised the govt during major constitutional cases (e.g. Article

K.K. Venugopal
370, Aadhaar).

R. Venkataramani (Current In office since 2022, played a key role in SC hearings on

AG) Electoral Bonds.

Case Examples

1. Kesavananda Bharati v. State of Kerala (1973)

• AG appeared for the Union defending Parliament's power to amend the Constitution.

• Landmark case establishing the Basic Structure Doctrine.

2. ADM Jabalpur v. Shivkant Shukla (1976)

• AG defended the suspension of fundamental rights during the Emergency.

• Controversial, later overruled in Puttaswamy (2017).

3. Sabarimala Temple Entry Case

• AG's office gave input on constitutional rights vs. religious practices.

4. Electoral Bonds Case (2024)

 • AG represented the government in defending the validity of electoral bonds—a
critical matter of transparency in political funding.

Significance

• Maintains constitutional governance by advising the executive on legal matters.

• Acts as the link between the judiciary and executive.

• Ensures government actions are legally sound.

• Protects the legal integrity of national policies and decisions.

Issues and Criticism

Issue Description

Conflict of
Since AG is allowed to practice privately, chances of conflict arise.
Interest

Accused at times of defending executive actions over constitutional

Political Bias
morality.

No Fixed Term Can be removed at will, raising concerns over independence.

Suggestions for Reform

1. Fixed Tenure for greater independence.

2. Prohibit Private Practice during tenure to avoid conflicts.

3. Stronger Ethical Guidelines to prevent misuse of position.

4. More Transparency in the selection and functioning of the AG.

Conclusion

The Attorney General of India plays a crucial role in maintaining the rule of law,
advising the government, and representing it in critical legal battles. As the guardian of legal
integrity in governance, the AG's impartiality, credibility, and professional competence are
vital for the functioning of Indian democracy and constitutional order.
4.7. Comptroller and Auditor General (CAG) of India

Introduction

The Comptroller and Auditor General (CAG) is a constitutional authority responsible for
auditing all receipts and expenditures of the Government of India and the State
Governments. The CAG ensures accountability and transparency in public financial
administration.

Dr. B.R. Ambedkar called the CAG the “most important officer under the Constitution of
India”.

Constitutional Provisions

• Article 148 to 151 of the Indian Constitution deal with the CAG.

Article Provision

Art. 148 Establishes the office of CAG

Art. 149 Lays down duties and powers

Art. 150 Prescribes how Union and State accounts shall be kept

Art. 151 Submission of audit reports to the President and Governors

Appointment and Tenure

• Appointed by: The President of India

• Term: 6 years or until the age of 65 years, whichever is earlier

• Removal: Same process as removal of a Supreme Court judge (by impeachment)

Qualifications and Independence

• CAG must be independent of the executive to perform unbiased audits.

• Cannot be removed except on proven misbehavior/incapacity by Parliament.

• Not eligible for any further office under Government of India after retirement.
 Powers and Duties of CAG

Under CAG’s (Duties, Powers and Conditions of Service) Act, 1971:

Function Explanation

Audit of Receipts & Audits all receipts and expenditures of the Union and State
Expenditure Governments

Audit of Government
Audits PSUs under Companies Act (e.g., ONGC, SAIL)
Companies

Audit of Autonomous Examines accounts of bodies like universities, panchayats,

Bodies NGOs receiving government grants

Audit of Defense Services Audits defense procurement and spending

Presents reports to the President or Governor, who lay them

Submit Reports
before Parliament or State Legislatures

Performance and Reviews whether money is spent effectively and for intended
Efficiency Audits purposes

Types of Audits

Type Description

Compliance Audit Checks legality and regularity of transactions

Financial Audit Verifies accuracy of financial statements

Performance Evaluates efficiency, economy, and effectiveness of government

Audit programs

Important Case Studies and Reports

1. 2G Spectrum Case (2010)

 • CAG exposed irregular allocation of spectrum licenses.

• Estimated a loss of ₹1.76 lakh crore to the exchequer.

• Triggered CBI probe, resignations, and major public outcry.

2. Coal Block Allocation Scam (2012)

• CAG report revealed arbitrary coal block allocations.

• Estimated a loss of ₹1.86 lakh crore.

• Led to cancellation of coal block allocations by the Supreme Court.

3. Commonwealth Games Scam (2010)

• Exposed mismanagement and financial irregularities in CWG 2010.

• Involved over-invoicing and undue contracts.

4. Audit of Mid-Day Meal Scheme

• CAG highlighted poor implementation, misappropriation of funds, and food quality

issues in various states.

5. Rafale Deal (2019)

• CAG submitted a report on pricing and process of the Rafale fighter jet deal amid
political controversy.

Significance of the CAG

Role Contribution

Guardian of the Public

Ensures public money is spent as authorized by Parliament
Purse

Promotes Accountability Holds government departments and agencies accountable

Suggests improvements in financial management and policy

Improves Governance
implementation

Empowers Parliament and legislatures to perform effective

Democratic Strengthening
oversight
 Limitations and Criticisms

Issue Description

No Enforcement
CAG reports only recommend, they do not have punitive authority
Power

Political
Reports often spark political debates, sometimes alleged to be biased
Controversy

Audit Delay Time lag between actual events and reporting dilutes impact

Some sectors like private-public partnerships or intelligence spending

Limited Access
may escape full scrutiny

Suggestions for Reform

1. Expand audit jurisdiction to cover PPPs and private entities handling public funds.

2. Reduce time lag in report submission for timely action.

3. Ensure follow-up on CAG recommendations by mandatory government responses.

4. Strengthen cooperation between CAG and legislative committees like PAC (Public
Accounts Committee).

Conclusion

The Comptroller and Auditor General of India is vital for ensuring financial discipline,
transparency, and accountability in the functioning of the government. As an institutional
check on misuse of public funds, the CAG strengthens democracy and public trust in
governance.

4.8. National Human Rights Commission (NHRC)

Introduction
The National Human Rights Commission (NHRC) is a statutory public body constituted
under the Protection of Human Rights Act, 1993. It is responsible for the protection and
promotion of human rights in India.

Human rights, as defined under Section 2(d) of the Act, include the rights relating to life,
liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in
international covenants enforceable by Indian courts.

Constitutional and Legal Basis

• Not a constitutional body, but a statutory body.

• Established on: 12th October 1993.

• Functions under: Protection of Human Rights Act, 1993 (Amended in 2006 and
2019).

• It is in conformity with the Paris Principles, which are international standards for
national human rights institutions.

Composition of NHRC

Position Description

Chairperson A former Chief Justice of India

Members Includes:

• One former judge of the Supreme Court

• One former Chief Justice of a High Court

• Two persons having knowledge/practical experience in human rights

| | Ex-officio Members | Chairpersons of:

• National Commission for SCs

• National Commission for STs

• National Commission for Women

• National Commission for Minorities |

Appointed by: The President of India, on the recommendation of a committee headed by
the Prime Minister.

Powers and Functions of NHRC

As per Section 12 of the Protection of Human Rights Act, 1993:

Function Explanation

Inquire into Human Rights Can suo motu or upon petition investigate complaints of
Violations human rights violations

Visit Jails/Detention Centers To check conditions and recommend reforms

Reviews safeguards in the Constitution and laws to

Review Laws
strengthen human rights

Conducts and promotes research, awareness campaigns, and

Research and Awareness
training programs

With permission of the court, it can intervene in ongoing

Intervention in Court Cases
cases related to human rights

Recommends compensation or relief to victims of violations

Recommend Relief
(but not enforceable)

Promote Human Rights Engages in public education and awareness through media
Literacy and institutions

Powers (Quasi-Judicial in Nature)

• Powers of a civil court under the Civil Procedure Code:

o Summoning and enforcing attendance

o Receiving evidence on affidavits

o Requisitioning public records

• Can recommend prosecution of public servants

 • Can require reports from the central and state governments

Important Case Studies / Examples

1. Rajasthan Fake Encounter Cases (Sohrabuddin Case)

• NHRC demanded a full report and compensation for the family of Sohrabuddin,
allegedly killed in a fake encounter.

2. Punjab Police Fake Encounter Cases

• NHRC ordered monetary compensation to families of victims after a mass

investigation revealed fake encounters during the 1980s-90s insurgency.

3. Child Labour and Bonded Labour

• NHRC has actively intervened in cases of child labour, particularly in industries like
bangle-making in UP and carpet weaving in Bihar.

4. Kandhamal Riots (Odisha, 2008)

• NHRC conducted fact-finding visits and issued recommendations on minority

protection and rehabilitation.

5. Manipur Extra-Judicial Killings

• NHRC was part of the follow-up that led to the Supreme Court ordering an SIT
into alleged extra-judicial killings by armed forces.

Significance of NHRC

Role Impact

Watchdog of Human Monitors and acts against violations of fundamental human

Rights rights

Advisory Role Advises government on human rights laws and policies

Its findings have been used by courts in PILs and public interest
Judicial Influence
cases

Promotion of Awareness Plays a key role in spreading human rights literacy

 Limitations of NHRC

Limitation Explanation

Advisory Nature Recommendations are not binding on the government

Lack of Enforcement Powers Cannot punish violators or award damages directly

No Jurisdiction Over Armed Can only seek reports in such cases, cannot take direct
Forces action

Delayed Action Many complaints take months/years for resolution

Understaffed and Underfunded Affects efficiency and reach

Reforms Suggested

1. Give binding power to enforce recommendations.

2. Bring armed forces under its jurisdiction.

3. Strengthen State Human Rights Commissions.

4. Ensure timely appointments to reduce vacancies.

5. Increase public participation in HR awareness.

Conclusion

The NHRC plays a pivotal role in ensuring the protection and promotion of human rights
in India. Though limited by its non-binding nature, it has contributed immensely through its
investigative work, recommendations, and public pressure. Strengthening NHRC and
implementing its suggestions can lead to a more robust human rights regime in India.

4.9. Central Information Commission (CIC)

Introduction

The Central Information Commission (CIC) is a statutory body established under the
Right to Information Act (RTI), 2005. It plays a critical role in ensuring transparency and
accountability in the functioning of public authorities by adjudicating complaints and
appeals related to the denial of information.

Legal Basis

• Established under: Section 12 of the Right to Information Act, 2005

• Established on: 12th October 2005

• Headquarters: New Delhi

• Statutory Status: Yes, under a Central legislation

Composition of CIC

Post Appointment

Chief Information Commissioner (CIC) Appointed by the President of India

Information Commissioners (up to 10) Also appointed by the President

Appointment Committee:

• Prime Minister (Chairperson)

• Leader of Opposition in Lok Sabha

• Union Cabinet Minister nominated by PM

Term & Conditions:

• Tenure: 3 years or until 65 years of age, whichever is earlier

• Not eligible for reappointment

Powers and Functions (Under RTI Act, 2005)

Function Explanation

Hears second appeals against decisions of Central Public

Adjudicate Appeals
Information Officers (CPIOs)

Handle Complaints Can entertain complaints regarding refusal to accept RTI

Function Explanation

applications or failure to furnish information

Ensure Compliance Ensures that public authorities comply with RTI provisions

Order Disclosure of
Can direct disclosure of information in public interest
Information

Can impose penalties up to ₹25,000 on PIOs for refusal or delay in

Penal Powers
giving information

Submits an annual report to the Parliament on implementation of

Annual Reports
RTI Act

Quasi-Judicial Powers

• Powers of a civil court while trying a suit:

o Summoning and enforcing attendance

o Requiring discovery and inspection of documents

o Receiving evidence on affidavits

o Requisitioning public records

Key Case Laws / Examples

1. Reserve Bank of India v. Jayantilal N. Mistry (2015)

• CIC had directed RBI to disclose information about NPAs and bank inspections.

• Supreme Court upheld CIC's order emphasizing financial transparency.

2. CIC v. State of Manipur (2011)

• Supreme Court upheld CIC's power to enforce disclosure even against state
governments.

3. Arvind Kejriwal Case (2010)

 • CIC ruled that political parties are not out of the RTI ambit—a landmark in
demanding transparency from political actors.

4. CIC Decision on PM CARES Fund

• CIC received multiple RTIs seeking details of the PM CARES Fund.

• The Commission refused to declare it a public authority, sparking debates on

transparency vs. autonomy.

Significance of CIC

Role Impact

Ensures effective enforcement of citizens’ right to

Guardian of RTI
information

Transparency Enhancer Helps uncover corruption, inefficiency, and arbitrariness

Common people can demand information about governance

Empowers Citizens
and policies

Bridge Between Citizen and

Strengthens democratic accountability
State

Limitations and Challenges

Challenge Explanation

Backlog of Cases High volume of pending appeals and complaints

Vacancies and Delays Delay in appointments of Commissioners weakens functioning

Limited Enforcement
Cannot compel public authorities to take corrective actions
Powers

Political Interference Appointment process is perceived to lack transparency

Dilution Attempts Amendments in 2019 diluted tenure and status of Commissioners (no
Challenge Explanation

longer equivalent to Election Commissioners)

Suggested Reforms

1. Ensure Timely Appointments of CIC and ICs.

2. Strengthen Independence by insulating from executive interference.

3. Enhance Digital Accessibility for appeals and hearings.

4. Reduce Backlog through more benches and use of technology.

5. Restore Earlier Status of CIC (pre-2019 Amendment) to maintain independence and

stature.

Conclusion

The Central Information Commission is a vital institution for ensuring transparent and
participative governance. Though its decisions are sometimes non-binding and it faces
administrative hurdles, its role in upholding democratic accountability and empowering
citizens is undeniable. Strengthening the CIC would be a crucial step toward realizing the
full potential of the RTI regime in India.

UNIT 5

5.1. Constitutional Provisions Before 1992

(Before the 73rd and 74th Constitutional Amendments)

What is Local Self Government (LSG)?

Local Self Government refers to the administration of local affairs by local bodies formed
by the elected representatives of the people. It includes:

• Panchayats in rural areas

• Municipalities in urban areas

Historical Context (Pre-1992)

Though the idea of local governance in India has ancient roots (e.g., village sabhas in Chola
dynasty), modern democratic local bodies were shaped during British rule and later
continued post-independence.

Constitutional Position (Before 1992)

Before the 73rd and 74th Amendments, Local Self Government was not given
constitutional status. It was only mentioned in a directive and non-binding manner.

Relevant Provisions:

Article Content

Article 40 (Directive “The State shall take steps to organise village panchayats and endow
Principles of State them with such powers and authority as may be necessary to enable
Policy) them to function as units of self-government.”

• Article 40 placed the responsibility on the State to promote Panchayati Raj, but it was
not enforceable in a court of law.

• Local governance was mainly regulated by state laws, leading to variation and
inconsistency across India.

Structure of Local Government (Pre-1992)

1. Rural Areas (Panchayati Raj)

Based on recommendations of:

o Balwant Rai Mehta Committee (1957) – suggested 3-tier structure:

▪ Gram Panchayat (village level)

▪ Panchayat Samiti (block level)

▪ Zila Parishad (district level)

2. Urban Areas (Municipalities)

o Based on state laws like the Bengal Municipal Act (1884), etc.

o No uniformity; no constitutional backing

Judicial Recognition
Even before 1992, courts acknowledged the importance of local governance.

Case: Sunder Lal Patwa v. State of Madhya Pradesh (1989)

• Issue: Validity of elections to local bodies

• Held: Though not constitutionally mandated, local bodies are important institutions
for grassroots democracy.

Problems with Local Governance Pre-1992

Problem Explanation

No constitutional status They could be dissolved at will by state governments

Lack of autonomy Depended on states for funds, powers, and functions

Irregular elections No mandatory provision for regular elections

Political interference Often dominated or manipulated by state politics

Inefficiency Weak administrative and financial capacity

Expert Committees (Pre-1992) Suggesting Reforms

1. Ashok Mehta Committee (1978):

o Called for constitutional recognition of Panchayati Raj

o Suggested a two-tier structure

o Emphasized regular elections and devolution of power

2. G.V.K. Rao Committee (1985):

o Highlighted the importance of making development delivery more effective

through local bodies

3. L.M. Singhvi Committee (1986):

o Strongly recommended constitutional status for Panchayats

 o Coined the term "democratic decentralization"

Transition to Constitutional Status

Because of inconsistencies, inefficiency, and lack of legitimacy, there was growing demand
to give constitutional backing to LSGs.

This led to:

• 73rd Constitutional Amendment Act, 1992 – for Panchayats

• 74th Constitutional Amendment Act, 1992 – for Municipalities

Conclusion

Before 1992, Local Self Government in India existed without constitutional authority,
and its functioning was largely dependent on state discretion. Though Article 40 of the
Constitution highlighted the importance of panchayats, it lacked legal enforceability. This ad
hoc and inconsistent system created governance gaps that were eventually addressed
through the historic 73rd and 74th Amendments in 1992, giving a constitutional
framework to grassroots democracy.

5.2. Panchayati Raj System

Introduction

The Panchayati Raj System is a three-tier structure of rural local self-government in

India, constitutionally recognized through the 73rd Constitutional Amendment Act, 1992.
It empowers gram sabhas (village assemblies) to function as units of self-governance and
strengthens decentralization of power.

Historical Background

• Ancient India: Village panchayats were traditional assemblies with administrative,

judicial, and social roles.

• British Era: Local governance weakened under colonial rule.

• Post-Independence Initiatives:

o Community Development Programme (1952)

 o Balwant Rai Mehta Committee (1957) – recommended the 3-tier Panchayati
Raj structure

Constitutional Recognition: 73rd Amendment Act, 1992

• Came into force: April 24, 1993 (celebrated as National Panchayati Raj Day)

• Added Part IX (Article 243 to 243-O) to the Constitution

• Inserted Eleventh Schedule with 29 subjects for Panchayats

Structure of Panchayati Raj Institutions (PRIs)

Three-Tier System (Applicable to states with population >20 lakh):

Level Institution Area Covered

1⃣ Village Level Gram Panchayat Village or group of villages

2⃣ Intermediate Level Panchayat Samiti Block or Tehsil

3️⃣ District Level Zila Parishad Entire District

In states with population <20 lakh, intermediate level may not be constituted.

Composition and Elections

Feature Details

Elections Every 5 years, conducted by State Election Commission

Reservation 1/3rd of seats for women, and seats for SC/STs as per their population

Chairpersons Elected indirectly or directly (varies by state law)

Powers and Responsibilities

Each Panchayat:

• Prepares and implements plans for economic development

• Executes welfare schemes (e.g., MGNREGA, PMAY-G)

 • Collects taxes, duties, tolls (subject to state laws)

Under the Eleventh Schedule, Panchayats can manage 29 subjects, including:

• Agriculture

• Health

• Primary Education

• Housing

• Roads

• Drinking Water

• Poverty Alleviation

Finance and Funds

• Panchayats receive funds from:

o Grants-in-aid by the Finance Commission

o State government allocations

o Own-source revenue (local taxes)

o Centrally Sponsored Schemes (CSS)

Gram Sabha – The Foundation

• Composed of all registered voters in a village

• Approves Panchayat budgets and development plans

• Acts as a check on Panchayat functioning

• Direct democracy at village level

Important Case Laws

1. Rajeshwar Dayal v. State of U.P. (2005)

• Upheld the power of state governments to regulate and supervise Panchayats, but
they cannot dissolve them arbitrarily.
2. Kishansing Tomar v. Municipal Corporation of Ahmedabad (2006)

• Supreme Court directed the mandatory conduct of elections to local bodies,

strengthening the autonomy of PRIs.

3. Avtar Singh v. State of Punjab (2000)

• Affirmed the legitimacy of Gram Sabhas and people’s participation in

development decisions.

Real-Life Examples

Example 1: Hiware Bazar, Maharashtra

• Under the leadership of Popatrao Pawar, this village transformed through effective
panchayat functioning, water conservation, and transparency.

Example 2: Punsari Village, Gujarat

• Became a model village with Wi-Fi, CCTV, health insurance, and clean drinking
water, showcasing how Panchayats can implement tech-driven governance.

Importance of Panchayati Raj for Inclusive Governance

Benefit Explanation

Decentralized
Brings governance closer to people
Democracy

Women Empowerment Reservation ensures political participation of women

Inclusive Development Local needs addressed more accurately

Grassroots Innovation Local solutions to local problems

Better implementation of welfare schemes like MGNREGA,

Service Delivery
PDS, etc.
 Challenges

Challenge Detail

Political Interference Undue control by MLAs/MPs and state governments

Lack of Financial Autonomy Funds often delayed or inadequate

Administrative Weakness Lack of trained staff and technical support

Limited Awareness Many citizens unaware of their rights in Gram Sabha

Suggestions for Improvement

• Ensure timely elections and full devolution of 3 Fs: Funds, Functions, and
Functionaries

• Strengthen capacity building and digital literacy of Panchayat members

• Provide real-time transparency portals for rural governance

• Empower Gram Sabhas with greater decision-making powers

Conclusion

The Panchayati Raj System is the bedrock of participatory democracy in rural India.
While it has empowered millions, especially women and marginalized communities, its true
potential can only be realized through genuine decentralization, financial empowerment,
and capacity development.

5.3. Municipalities (Urban Local Bodies – ULBs)

Introduction

Municipalities or Urban Local Bodies (ULBs) are institutions of self-governance in urban

areas. They were given constitutional status through the 74th Constitutional Amendment
Act, 1992, which aimed to decentralize power and promote participatory governance in
towns and cities.

74th Constitutional Amendment Act, 1992

 • Came into effect: June 1, 1993

• Added Part IX-A (Articles 243P to 243ZG) to the Constitution

• Inserted the Twelfth Schedule – 18 functional items for Municipalities

• Mandated the creation of Municipal bodies with clear structure, tenure, powers, and
responsibilities

Types of Municipalities (Article 243Q)

Type Area Covered

1. Nagar Panchayat For transitional areas – moving from rural to urban

2. Municipal Council (Municipality) For smaller urban areas

3. Municipal Corporation For larger urban areas/metros with high population

States are empowered to define the criteria for these categories.

Composition of Municipalities

Feature Description

Members Elected directly from wards by residents

Reservation 1/3rd of seats reserved for women; SC/ST based on population

Tenure 5 years (elections to be held before expiry or within 6 months of dissolution)

Chairperson Called Mayor or President, elected directly or indirectly

Functions of Municipalities (Twelfth Schedule – Article 243W)

Municipalities are responsible for urban planning and development, covering:

1. Urban planning and town planning

2. Regulation of land use and construction

3. Water supply for domestic, industrial and commercial purposes

 4. Public health, sanitation, solid waste management

5. Fire services

6. Urban forestry and protection of environment

7. Slum improvement and upgradation

8. Urban poverty alleviation

9. Provision of urban amenities like parks, gardens, street lighting

10. Burials and cremations

11. Regulation of slaughterhouses and markets

Sources of Revenue

Source Examples

Tax Revenue Property tax, water tax, professional tax, advertisement tax

Non-Tax
User charges, rent from municipal property, parking fees
Revenue

From state and central governments (e.g., Finance Commission grants,

Grants
Smart Cities Mission funds)

Loans & Municipal bonds (e.g., Pune Municipal Corporation issued bonds for water
Bonds supply project)

Key Case Laws

1. Municipal Council, Ratlam v. Vardichan (1980)

• Facts: Ratlam Municipal Council failed to provide proper sanitation.

• Held: Supreme Court ruled that municipalities must provide basic services like
sanitation, even with limited funds.

• Significance: Affirmed citizens' right to live with dignity under Article 21.

2. Bombay Hawkers Union v. BMC (1985)

 • Held: The Supreme Court allowed street vendors to operate under reasonable
restrictions, balancing their right to livelihood with public interest.

3. K. K. Bhaskaran v. State of Tamil Nadu (2004)

• Affirmed the autonomous status of municipalities and disallowed arbitrary

interference by state government.

Real-Life Examples

Example 1: Indore Municipal Corporation – Cleanest City in India

• Leveraged solid waste management, public participation, and smart tech solutions.

• Awarded under the Swachh Survekshan ranking.

Example 2: Bhubaneswar Smart City

• Implemented urban mobility reforms, digital governance, and green urban planning.

Example 3: Pune Municipal Bonds

• Raised ₹200 crore through municipal bonds for 24/7 water supply project —
financial autonomy in action.

Importance of Urban Local Bodies (ULBs)

Contribution Impact

Urban Planning Structured growth of towns and cities

Service Delivery Water, waste, roads, and housing

Inclusive Governance Participation of marginalized groups and women

Economic Development Industrial zones, public markets, business permits

Transparency E-governance, participatory budgeting, citizen charters

 Challenges in Urban Governance

Issue Explanation

Financial Constraints Low tax base, dependence on state grants

Infrastructure Deficit Slums, water shortage, traffic congestion

Limited Autonomy State governments interfere in functioning

Skilled Manpower Shortage Lack of trained urban planners and engineers

Corruption and Bureaucracy Delays in projects, lack of accountability

Reforms and Suggestions

• Strengthen financial autonomy of ULBs – implement property tax reforms

• Capacity building for urban governance staff

• Promote public-private partnerships (PPPs)

• Ensure citizen participation through ward sabhas and e-portals

• Adopt urban resilience planning for climate change impacts

Conclusion

Municipalities are engines of inclusive urban development, ensuring grassroots democracy

in cities. They can become smart, sustainable, and citizen-friendly growth hubs with proper
empowerment in finance, function, and functionaries.

UNIT 6

6.1. Lokpal and Lokayukta – Ensuring Accountability in Public Life

Introduction

Lokpal and Lokayuktas are statutory bodies established to address corruption and
maladministration in the government. They act as ombudsmen to investigate complaints
against public servants, including ministers and bureaucrats, thereby ensuring transparency
and accountability in governance.

Background and Evolution

1. Origin of the Idea

• First recommended by the Administrative Reforms Commission (ARC) in 1966.

• Based on the Scandinavian concept of "Ombudsman".

2. Demand Intensified

• Anna Hazare-led India Against Corruption Movement (2011) brought mass

attention.

• Led to the enactment of the Lokpal and Lokayuktas Act, 2013.

Lokpal (at the Central Level)

Enacted under: Lokpal and Lokayuktas Act, 2013

Objective: To inquire into allegations of corruption against public functionaries.

Structure of Lokpal

Position Details

Chairperson Former Chief Justice of India or Judge of the SC, or eminent person

Members Maximum 8 (50% must be judicial members)

Reservation 50% of members must be from SC/ST/OBC/minorities/women

Tenure 5 years or until 70 years of age

Appointment Committee

1. Prime Minister (Chairperson)

2. Speaker of Lok Sabha

3. Leader of Opposition in Lok Sabha

4. Chief Justice of India or a Judge nominated by him

 5. An eminent jurist nominated by the President

Jurisdiction of Lokpal

Can investigate allegations of corruption against:

• Prime Minister (with restrictions)

• Ministers

• Members of Parliament

• Group A, B, C, and D officers

• Officials of public sector undertakings

• NGOs receiving more than ₹1 crore in government aid or ₹10 lakh foreign funding

Note: PM can be investigated, but not for international relations, national security,
public order, space, atomic energy.

Powers and Functions of Lokpal

Function Details

Inquiry &
Can order preliminary inquiry through CBI or other agencies
Investigation

Prosecution Can direct prosecution of guilty officials

Can order seizure/confiscation of assets acquired through corrupt

Confiscation
means

Disciplinary Action Can recommend removal or suspension of officials

Annual Reports Submits reports to the President for tabling in Parliament

Lokayukta (at the State Level)

Role:

• Performs similar functions at the State level as Lokpal does at the Centre.
 Status:

• Appointed under State Acts (though mandated by the 2013 Act, states must enact
their own laws).

Composition:

• Lokayukta (Head) and Upa-Lokayukta(s)

• Generally include retired High Court or Supreme Court judges

Appointment:

• By the Governor, in consultation with Chief Minister, Chief Justice of HC, Leader of
Opposition

Examples of Lokayukta in States

State Highlight

Karnataka Most active Lokayukta, exposed illegal mining scams (Reddy brothers)

Maharashtra Established in 1971

Uttar Pradesh Delayed appointment led to judicial intervention

Kerala Lokayukta Act amended recently, sparking debate over autonomy

Important Case Laws

Justice K.S. Puttaswamy v. Union of India (2018)

• Although not directly about Lokpal, upheld the importance of transparency,

accountability, and privacy — foundational to Lokpal functioning.

Common Cause v. Union of India (2017)

• Supreme Court directed the Centre to appoint Lokpal without delay.

• Criticized the government for not implementing the Act, even 3 years after its
passage.
 Challenges in Implementation

Challenge Explanation

Delayed Lokpal was not appointed until 2019, despite law passing in
Appointments 2013

Lack of Resources Infrastructure, personnel, and funds are insufficient

Limited Jurisdiction PM’s role is partially excluded; no suo motu powers

Overlapping Agencies Conflict with CVC, CBI, and Vigilance Departments

State Non-Compliance Many states have not set up Lokayuktas or have made weak laws

Real-Life Example

Justice Pinaki Chandra Ghose – First Lokpal of India

• Appointed in March 2019.

• Aimed to create a strong and autonomous anti-corruption body.

Karnataka Mining Scam (2008–2011)

• Karnataka Lokayukta Justice Santosh Hegde exposed illegal mining involving

ministers and officials.

• Led to resignation of Chief Minister B.S. Yeddyurappa.

Significance

Contribution Impact

Accountability of Public Direct mechanism for citizens to complain against

Servants corruption

Democratic Empowerment Enhances citizens’ trust in governance

Contribution Impact

Checks and Balances Acts as a watchdog over executive

Anti-Corruption Tool Deterrence for misuse of public office

Covers NGOs and private entities receiving public

Inclusive Oversight
funds

Way Forward

• Ensure timely appointments of Lokpal and Lokayuktas

• Give suo motu powers and financial autonomy

• Enhance coordination with CBI and CVC

• Strengthen state laws for effective Lokayukta

• Promote citizen awareness and digital grievance mechanisms

Conclusion

The Lokpal and Lokayukta framework is vital to clean governance and accountability.
While the laws are in place, the real impact depends on political will, timely
implementation, and institutional strengthening.

6.2. Legislative and Executive Control

What Does It Mean?

In a parliamentary democracy, like India, the Legislature (Parliament or State Assembly)

exercises control and accountability over the Executive (Council of
Ministers/Bureaucracy) to ensure that the government acts lawfully, responsibly, and in
public interest.

A. Legislative Control Over Executive

Meaning:
Legislature has the power to supervise, question, and check the activities of the Executive
through various constitutional and procedural mechanisms.

Tools/Mechanisms of Legislative Control:

Mechanism Explanation Example

Ex: Questions on COVID-19

First hour of a parliamentary sitting
1. Question Hour fund utilization, Pegasus
where MPs ask ministers questions
surveillance

Ex: Demanding
Time after Question Hour where MPs
2. Zero Hour accountability for farmers'
raise urgent matters
protests

3. Calling Attention Used to call the attention of a minister to

Ex: Air pollution in Delhi
Motion a matter of urgent public importance

Motion to discuss a serious matter of

4. Adjournment Ex: Discussing major scams
national importance by suspending
Motion or law and order issues
normal business

5. No-Confidence A vote which, if passed, leads to the fall Ex: 1999: Vajpayee govt lost
Motion of the government by 1 vote

Criticism of government policy without Ex: Censure against inflation

6. Censure Motion
resignation policies

Parliament approves government

7. Budget and Ex: Demanding explanation
expenditure via Annual Budget, Demand
Financial Control for defence allocations
for Grants, Appropriation Bills

Departmental Standing Committees

8. Parliamentary Ex: PAC scrutinizing CAG
examine bills, budgets, and policies in
Committees report on 2G scam
depth

9. Debates and Ex: Farm Bills 2020 debated

MPs debate bills, policies, and issues
Discussions extensively
Mechanism Explanation Example

10. Reports and Legislature scrutinizes reports from Ex: PAC reviews CAG
Accountability CAG, NHRC, etc. reports on demonetisation

Case Law:

• Kihoto Hollohan v. Zachillhu (1992)

➤ Reaffirmed the importance of legislative accountability and the role of the Speaker
in anti-defection proceedings.

• Raja Ram Pal v. Speaker, Lok Sabha (2007)

➤ Held that legislative privilege cannot be arbitrary, ensuring a check on
legislative overreach.

B. Executive Control Over Administration

The Executive (ministers, PM/CM) exercises control over the bureaucracy and
administrative machinery to ensure proper implementation of laws passed by the
legislature.

Tools/Means of Executive Control:

Mechanism Explanation Example

Executive frames rules/policies Ex: Framing of National

1. Policy Direction
based on laws Education Policy 2020

Ministers control appointment, Ex: Political controversies

2. Appointment and
promotion, and transfer of civil around transfers of DGPs/Chief
Transfers
servants Secretaries

Executive ensures that bureaucrats

3. Administrative Ex: PMO monitoring Jal Shakti
work efficiently and respond to
Supervision Mission
public grievances

4. Departmental Regular reports from bureaucrats to Ex: District Magistrates report

Mechanism Explanation Example

Reports ministers help monitor field COVID-19 implementation

performance

5. Budget Executive releases and monitors Ex: Allocation of PM-KISAN

Implementation funds approved by Parliament funds to states

6. Disciplinary Ministers can initiate inquiries or Ex: IAS officers suspended for
Action take disciplinary action corruption charges

Balance of Power and Challenges

Aspect Issue

Political Neutrality of
Often compromised due to political pressure
Bureaucracy

Strong majorities in Parliament reduce legislative

Executive Dominance
scrutiny

Limited Parliamentary Time Less time allocated to examine bills/debates

Ordinance Route Overuse bypasses legislative scrutiny

Real-Life Examples:

1. 2G Spectrum Scam (2010)

➤ Exposed due to CAG Report, taken up by PAC; showed failure of executive
accountability.

2. Demonetisation (2016)
➤ Parliament debated its implementation, with opposition raising issues of poor
planning.
 3. Farm Laws (2020)
➤ Passed without deep legislative discussion; opposition criticized the executive’s
unilateral approach.

4. MNREGA Fund Allocation

➤ Parliament often questions Executive on fund cuts or delays in wage payment.

Significance

• Ensures accountability of those in power.

• Prevents authoritarianism and misuse of power.

• Promotes transparency and democratic governance.

• Protects citizens’ rights and ensures proper law implementation.

Conclusion

Legislative and executive control are mutually dependent and essential for the smooth
functioning of a parliamentary democracy. The legislature must actively question the
executive, and the executive must effectively implement legislative decisions — together
ensuring responsible, responsive, and accountable governance.

6.3. Right to Information (RTI)

What is RTI?

The Right to Information (RTI) is a statutory right that allows citizens to access
information held by public authorities. It enhances transparency, accountability, and
participatory governance in a democratic society.

• Enacted under: Right to Information Act, 2005

• Came into force: 12 October 2005

• Rooted in: Article 19(1)(a) of the Indian Constitution (Freedom of speech and
expression)

Objectives of RTI:

1. Promote transparency and accountability in government functioning

 2. Curb corruption and misuse of power

3. Empower citizens to participate in democracy

4. Ensure effective delivery of public services

5. Bridge the gap between government and citizens

Key Features of RTI Act, 2005:

Feature Description

Applies to all public authorities: Central, State governments, and

Coverage
bodies owned or funded by the government

Public Information
Each department must appoint a PIO to handle RTI requests
Officers (PIOs)

Information must be provided within 30 days (48 hours in

Time limit
life/death matters)

Fee structure ₹10 application fee (additional charges for extra pages)

Certain info is exempt under Section 8 (national security, trade

Exemptions
secrets, etc.)

Two-tier appeal system and access to Information Commissions

Appeal process
(CIC/SICs)

₹250/day up to ₹25,000 for delay or denial without reasonable

Penalty
cause

Landmark Case Laws:

1. Union of India v. Association for Democratic Reforms (2002)

SC held that voters have a right to know about the criminal, educational, and financial
background of candidates.
RTI interpreted as a part of Article 19(1)(a).
 2. Central Board of Secondary Education (CBSE) v. Aditya Bandopadhyay (2011)

Students can access exam answer sheets under RTI.

Marked a step toward transparency in education.

3. Girish Ramchandra Deshpande v. CIC (2013)

SC ruled that personal information without public interest cannot be disclosed under
RTI.
Limits RTI to protect privacy rights.

4. Anjali Bhardwaj v. Union of India (2019)

SC criticized the government for non-appointment of Information Commissioners,

asserting it as an attack on the transparency regime.

Examples of RTI Usage:

Sector Use of RTI

Public Distribution
Citizens exposed fake ration card holders in Rajasthan
System

Education Students accessed evaluated exam papers

Exposed the Adarsh Housing Scam, and misuse of MPLADS

Corruption
funds

Police Reforms RTI revealed pending cases against police officers

Environment Data obtained on illegal mining in Goa and Karnataka

Importance of RTI in Ensuring Accountability:

• Brings government under public scrutiny

• Prevents arbitrary decision-making

• Strengthens democracy and trust

 • Acts as a watchdog tool for journalists, activists, and citizens

• Supports good governance and inclusive development

Challenges & Issues:

Challenge Description

Delay in responses Many PIOs do not reply within time, forcing appeals

Threats to activists Several RTI activists have faced harassment or murder

Misuse of RTI Frivolous or bulk applications sometimes abuse the law

Amendments and 2019 Amendment weakened independence by giving govt power over
weakening Information Commissioners' tenure and salary

Lack of awareness Many rural citizens still unaware of their RTI rights

RTI (Amendment) Act, 2019 – Criticism

• Gives power to Central Govt to decide tenure, salary of Information

Commissioners.

• Seen as dilution of independence of the Commission.

• Critics argue it weakens transparency mechanisms.

Conclusion

The RTI Act is one of the most powerful tools in the hands of citizens for demanding
accountability and transparency in governance. Despite challenges, it continues to be a pillar
of participatory democracy and good governance in India.

Summary Chart

Element Details

Enacted 2005
Element Details

Inspired by Article 19(1)(a)

Applies to All public authorities

Key Bodies PIOs, CIC, SICs

Key Cases ADR Case (2002), CBSE Case (2011), Anjali Bhardwaj Case (2019)

Challenges Delays, threats to activists, 2019 Amendment

Ensure transparency and accountability

Purpose
UNIT 7

7.1. Minister–Civil Servant Relationship

Overview:

The Minister–Civil Servant relationship is at the core of the Indian parliamentary system
of governance, where Ministers are elected representatives accountable to the legislature,
and civil servants are permanent, professional administrators.

This relationship, if healthy, ensures efficient governance. However, conflicts, overreach, or

lack of clarity in roles can challenge the integrity, neutrality, and efficiency of public
administration.

Constitutional and Legal Framework:

• Article 74 & 75: The Council of Ministers, headed by the Prime Minister, aids and
advises the President in the exercise of his functions.

• Article 311: Provides protection to civil servants against arbitrary dismissal.

• Conduct Rules: Civil servants are expected to be politically neutral and act in
accordance with the Constitution and laws of the land.

Roles Defined:

Ministers Civil Servants

Ministers Civil Servants

Policy makers Policy implementers

Politically accountable Professionally accountable

Temporary (tenure-based) Permanent bureaucracy

Represent people's mandate Ensure continuity of administration

Key Challenges in the Relationship:

1. Politicisation of Bureaucracy

• Problem: Ministers often expect bureaucrats to show political loyalty.

• Example: Frequent transfers of honest officers like Ashok Khemka (Haryana) and
Durga Shakti Nagpal (UP) due to their refusal to toe the political line.

2. Bureaucratic Apathy or Over-Caution

• Problem: Bureaucrats may resist change, avoid innovation, or hesitate to take bold
decisions fearing political repercussions.

• Example: Delay in implementation of welfare schemes due to administrative inertia.

3. Lack of Role Clarity

• Problem: Overlapping domains blur the distinction between political leadership and
administrative responsibility.

• Consequence: Ministers may interfere in day-to-day operations, while civil servants

may encroach into policymaking.

4. Transfer and Posting as a Tool of Control

• Problem: Ministers sometimes misuse their power over transfers and postings to
reward loyalty or punish honesty.

• Case Example: Sanjiv Chaturvedi, an IFS officer and whistleblower, faced repeated
transfers for exposing corruption.
5. Corruption and Collusion

• Problem: Unholy nexus between ministers and bureaucrats leads to large-scale

corruption.

• Example: 2G Spectrum Scam and Coal Scam involved both political leaders and
senior bureaucrats.

6. Undermining of Civil Service Neutrality

• Politically loyal officers are sometimes appointed to key posts, compromising the
neutral and merit-based character of the civil service.

Recommendations by Committees:

1. Hota Committee (2004)

• Emphasized security of tenure and protection against arbitrary transfers.

2. Second Administrative Reforms Commission (ARC)

• Recommended clearly defined roles, fixed tenures, and codified conduct for both
ministers and civil servants.

3. Supreme Court Guidelines (T.S.R. Subramanian v. Union of India, 2013)

• Directed:

o No oral instructions from political executives.

o Fixed tenures for civil servants.

o Civil Services Boards to regulate transfers/postings.

Case Study: T.S.R. Subramanian v. Union of India (2013)

• Facts: Civil servants challenged arbitrary transfers and political interference.

• SC Verdict:

o Civil servants must have fixed tenures.

o Oral instructions from ministers have no legal standing.

o Reaffirmed need for independent, professional bureaucracy.

 Global Best Practices:

Country Practice

Ministers decide policy, while civil servants remain strictly apolitical and
UK
permanent

USA Clear separation between political appointees and career civil servants

Way Forward:

Reform Description

Civil Services Board To ensure merit-based and transparent postings

Clearly define the roles and limits of ministers and civil

Codify Roles
servants

Training Promote mutual respect through joint training and workshops

Protection of
Ensure safe environment for reporting corruption
Whistleblowers

Link career advancement to efficiency and ethics, not political

Performance Audits
loyalty

Conclusion:

The Minister–Civil Servant relationship must be one of mutual respect, clarity of roles,
and adherence to constitutional values. An effective balance between political direction
and administrative competence is vital to maintain integrity, efficiency, and people-centric
governance.

7.2. Ethics and Values in Public Service

What Are Ethics in Public Service?

Ethics in public service refer to the moral principles that govern the conduct of individuals
working in government or public institutions. It includes honesty, integrity, transparency,
accountability, impartiality, and commitment to the public good.

Public servants are expected to serve the citizens, not personal or political interests. Ethical
conduct ensures trust, legitimacy, and efficiency in governance.

Why Are Ethics Important in Public Service?

1. Ensures public trust in institutions.

2. Promotes accountability and transparency.

3. Prevents corruption and misuse of power.

4. Builds credibility of government actions.

5. Strengthens democratic values.

Core Values in Public Service

Core Value Explanation Example / Case

T.N. Seshan as Chief Election

Being honest and having
Integrity Commissioner refused to bow to political
strong moral principles.
pressure.

Decisions and actions open Implementation of RTI Act, 2005 allows

Transparency
to scrutiny. public access to government decisions.

Answerability for decisions Lokpal and Lokayuktas Act, 2013

Accountability
and actions. ensures accountability of public officials.

Fair and unbiased service to Bureaucrats must treat all citizens

Impartiality
all citizens. equally, regardless of caste/religion.

Dedication to Prioritizing public welfare E. Sreedharan, the 'Metro Man of India',

Public Service above personal interest. is known for selfless service.

Empathy and Understanding the needs and IAS officer Dr. Samit Sharma ensured
Compassion suffering of citizens. low-cost generic medicines in Rajasthan.
 Legal & Constitutional Framework Promoting Ethics

• Article 311: Provides safeguards against arbitrary removal of civil servants.

• All India Services (Conduct) Rules, 1968: Prescribe ethical behaviour and conduct.

• Prevention of Corruption Act, 1988: Penalises bribery and corruption.

• Right to Information Act, 2005: Promotes transparency and citizen empowerment.

• Whistle Blowers Protection Act, 2014: Encourages reporting of corruption.

Relevant Committees/Reports

Committee/Commission Recommendation

Second ARC Report (Ethics in Code of ethics, citizen charters, and stronger grievance
Governance) redressal systems.

Seven principles of public life – Selflessness, Integrity,

Nolan Committee (UK) Objectivity, Accountability, Openness, Honesty, and
Leadership.

First major attempt to address corruption and ethics in

Santhanam Committee (1964)
Indian administration.

Case Studies

1. Vinod Rai – Former CAG

• Ethical stand in exposing large-scale irregularities in the 2G spectrum allocation and

coal block allocation.

• Emphasized accountability in public finance.

2. Ashok Khemka (IAS)

• Transferred over 50 times for standing up against illegal land deals.

• Embodiment of courage, honesty, and ethical behaviour.

3. Durga Shakti Nagpal

• Suspended for taking action against the sand mafia in UP.

• Demonstrated moral courage and commitment to rule of law.

Challenges in Upholding Ethics in Public Service

Challenge Impact

Political interference Compromises neutrality and honesty

Corruption and nepotism Undermines public trust

Lack of protection for whistleblowers Discourages ethical conduct

Red-tapism and bureaucracy Frustrates genuine public service

Measures to Strengthen Ethics

1. Ethics training for civil servants (like at LBSNAA).

2. Code of ethics and conduct made mandatory.

3. Whistleblower protections strengthened.

4. Performance linked to ethical standards.

5. Transparent grievance redressal systems.

6. Citizen Charters in all departments.

Conclusion

Ethics and values are the backbone of good governance. Public servants are custodians of
the public trust, and ethical conduct ensures the delivery of justice, equity, and
development. Strengthening institutional frameworks and promoting a culture of ethics is
essential for a vibrant and responsible democracy.

7.3. Human Rights – (with case studies and examples)

What are Human Rights?

Human rights are the basic rights and freedoms that belong to every person in the world,
from birth until death. These rights are universal, inalienable, and indivisible, regardless of
race, gender, nationality, ethnicity, language, religion, or any other status.

They include rights such as:

• The right to life and liberty

• Freedom of expression

• Right to education

• Right to equality and non-discrimination

• Right to work and live with dignity

Constitutional Provisions in India

Article Provision

Article 14 Equality before law

Article 15-16 Prohibition of discrimination

Article 19 Freedom of speech, assembly, association, etc.

Article 21 Right to life and personal liberty

Article 21A Right to education

Article 22 Protection from arbitrary arrest

Article 23-24 Right against exploitation

Article 32 Right to constitutional remedies

International Frameworks India is Part Of:

• Universal Declaration of Human Rights (UDHR), 1948

• International Covenant on Civil and Political Rights (ICCPR)

• International Covenant on Economic, Social and Cultural Rights (ICESCR)

• Convention on the Rights of the Child (CRC)

• Convention on the Elimination of All Forms of Discrimination Against Women

(CEDAW)

National Human Rights Commission (NHRC)

• Established: 1993, under the Protection of Human Rights Act, 1993

• Function: Investigates complaints of human rights violations by public servants or

negligence by government officials.

• Example: NHRC intervened in the custodial death case in Tamil Nadu (Thoothukudi
father-son duo, 2020).

Landmark Case Laws on Human Rights

Maneka Gandhi v. Union of India (1978)

• Expanded the scope of Article 21.

• Held that the right to life and liberty includes the right to travel abroad and that
such rights cannot be taken away without "due process."

Vishaka v. State of Rajasthan (1997)

• Recognized sexual harassment at workplace as a human rights violation.

• Guidelines framed by the SC until legislation was enacted (later became POSH Act,
2013).

D.K. Basu v. State of West Bengal (1997)

• Established guidelines to prevent custodial torture and deaths.

• Stressed human dignity in law enforcement.

PUCL v. Union of India (Right to Food case)

• Expanded the right to life to include right to food under Article 21.

• Ordered the government to ensure implementation of food security schemes.

 Naz Foundation v. Government of NCT Delhi (2009) and Navtej Singh Johar v.
Union of India (2018)

• Decriminalised homosexuality by reading down Section 377 IPC.

• Upheld LGBTQ+ rights as a matter of dignity and equality.

Common Human Rights Violations in India

Violation Example

Custodial deaths/torture Thoothukudi custodial death (2020)

Police brutality Delhi riots complaints, 2020

Discrimination against Dalits and

Hathras rape case (2020)
minorities

Child labour Despite laws, prevalent in many sectors

Gender-based violence Nirbhaya case (2012)

Hyderabad encounter case (2019) raised ethical and

Fake encounters
legal questions

Government and Institutional Mechanisms for Human Rights Protection

Institution Role

NHRC Investigates complaints and recommends action

SHRCs State-level human rights commissions

National Commission for Women

Addresses women's rights
(NCW)

National Commission for

Protection of minority rights
Minorities (NCM)
Institution Role

Focused on protection and promotion of rights for

National Commission for SC/ST
Scheduled Castes/Tribes

Judiciary Constitutional guardian of rights

Media and Civil Society Act as watchdogs and pressure groups

Challenges in Human Rights Implementation in India

• Delayed justice and undertrial prisoners

• Police brutality and misuse of power

• Discrimination based on caste, religion, gender

• Lack of awareness among citizens

• Low implementation of international obligations

Steps to Strengthen Human Rights Framework

1. Police reforms and accountability mechanisms.

2. Strengthening institutions like NHRC, SHRCs.

3. Human rights education in schools and colleges.

4. Fast-track courts for gender and caste-based violence.

5. Empowering civil society and protecting whistleblowers.

6. Improving prison conditions and reducing overcrowding.

Conclusion

Human rights form the bedrock of a democratic society. While India has a robust legal and
institutional framework for human rights protection, the real challenge lies in
implementation, awareness, and accountability. Strengthening institutions, educating
citizens, and upholding the constitutional values of dignity, equality, and justice is the
need of the hour.