# Fundamental Concepts Flashcards
Explain “Non-Constitutional/Statutory/Extra-Constitutional” bodies and enlist present bodies.
It is a body which does not find its mention in the constitution of India. Hence, it can not derive its power from constitution of India.
Statutory body is one created by an Act/Resolution of Parliament or state Legislatures. Hence, it derives its power from the statute.
can simply be abolished by an act of the parliament with simple majority.
List of Non-Constitutional bodies:
- Planning Commission
- National Development Council
- National Human Rights Commission
- State Human Rights Commission
- Central Information Commission
- State Information Commission
- Central Vigilance Commission
- Central Bureau of Investigation
- Lokpal and Lokayuktas
Explain “Constitutional Bodies” in India and list down present bodies
Constitutional Bodies in India
Constitutional Bodies in India are the permanent or semi-permanent organizations within the machinery of government.
These bodies find mention in the Constitution and derive their power from it and formed to continue the objectives of the Constitution.
These bodies are responsible to look after the administration of specific functions.
The functions of these bodies are normally executive in character. Moreover, different types of organisations or commissions are used for advisory functions.
The bodies are of national importance and help in the effective functioning of the government.
India is a Socialist, Secular, Democratic Republic and after independence, the introduction of the independent bodies as a part of the government helped the country.
These constitutional or independent bodies have extensive administrative functions.
The chief of these bodies are either appointed by the President of India or the Prime Minister serve as the chairman.
Immunities:
a) They can be removed : only on proved misbehavior. (With ruling of the Supreme court) = their office doesn’t depend on the ruling party’s majority in the Parliament.
b) Their salary, powers and rights are mentioned in the Constitution itself-and parliament can’t reduce it once they’re appointed.
Its charged on the Consolidated Fund of India = Parliament can’t vote on It during budget. (however the salary can be reduced if President declares a financial emergency)
and if parliament wants to do this- then they need to amend the Constitution. and Supreme Court has power to invalidate it, if found inconsistent with the basic principles/Structure.
Following are the present Constitutional Bodies in India:
- Election Commission (EC)
- Union Public Service Commission (UPSC)
- State Public Service Commission
- Finance Commission
- National Commission for SCs
- National Commission for STs
- Special Officer for Linguistic Minorities
- Comptroller and Auditor General of India (CAG)
- Attorney General of India
- Advocate General of State
Explain “Executive Resolution” with example
Simply, Executive resolution is any resolution which a PM or CM promulgates through the cabinet. For example, In 1950 (on recommendations of the Advisory Planning Board constituted in 1946) the then PM of India P.J.Nehru thought that a body called planning commission would be useful for India so he along with his cabinet colleagues adopted a resolution to create it and hence we have it now.
Further, Executive resolution is a kind of policy (not a law or an act) defined to help strengthen internal administration and give impetus to an aspect of upbringing of the state. That said, it can be rightly called an ‘arm’ of the central government.
Executive resolutions are given effect to settle the things on temporary basis or to give an impetus to an already-functioning body/law/act of any domain of the govt.
ERs are neither enforceable nor do they have favor of courts and their opinions.
It is noteworthy that ERs are taken up when forming a law or an act is impractical and not feasible on any particular topic. (This might or might not be the case with all the ERs)
ERs are made to come into effect by Cabinet.
Example:
Planning commission was formed by an executive resolution in 1950.
Also, ERs are non-statutory in nature. It means they do not derive power from any act of parliament (Statute).
What’s the difference between legislative Assembly and legislative Council?
The legislative assembly and legislative council are terms for the STATE governments.
Legislative Assembly (Vidhan Sabha) is the lower house of the state government consisting of directly elected members of the people (similar to the Lok Sabha at the centre).
The Legislative Council (Vidhan Parishad) is the upper house of the state government consisting of indirectly elected members i.e. municipal bodies and panchayats elect them, and some are nominated by the Governor (this is similar to the Rajya Sabha at the centre).
Only 8 states of India have a Legislative Council, as it is not a very powerful or a necessary house.
All states have a Legislative Assembly, though.
Why doesn’t every state in India have a Vidhan Parishad or Legislative council? How are they helpful in gradual and streamlined development of states? Why have many states abolished their Vidhan Parishads?
The Vidhan Parishad (or Legislative Council) is the upper house in those states of India that have a bicameral legislature.
As of 2014, 7 (existing) + 2 (cleared by Parliament to attach LC) out of 29 states have a Legislative Council:
• EXISTING:
Jammu and Kashmir UP Bihar Telangana Andhra Pradesh Karnataka Maharashtra
• CLEARED by Parliament to attach LC to LA:
Rajasthan
Assam
The Legislative Council/Vidhan Parishad is the Upper Chamber of the State Legislature. Union Parliament has the power to create or abolish the Legislative Council in various states on the basis of resolutions adopted by special majority in the Assemblies.
As mentioned in the constitution the TOTAL MEMBERSHIP of the Legislative Council shall NOT be less than 40 and more than 1/3 of the total number of members of the Legislative Assembly of the concerned state.
All the members of the Legislative Council are either indirectly elected or nominated by the Governor.
a) 1/3 of the members of LC are elected by the LA from amongst persons who are not its members.
b) 1/3 of members of LS are elected by the local bodies like Municipalities or District Boards or any other local authority as specified by the law of the Parliament.
c) 1/12 of the members are elected by graduates of at least three years standing.
d) 1/12 of the members are elected by teachers of secondary schools having at least three years experience.
e) About 1/6 members of LC nominated by the Governor from among persons possessing. Special knowledge and experience in the field of art, science, literature, social service and cooperative movement.
Qualifications:
– Indian citizen
– 30 years of age or more having such other qualifications as prescribed by the Parliament can become a member of the Vidhan Parishad.
Person cannot simultaneously be a Member of Parliament and State Legislature.
The Legislative Council like the Council of States is a PERMANENT CHAMBER, not subject to dissolution.
The members are elected for a period of six years and like Rajya Sabha one-third of members retire every second year.
The Legislative Council elects its Chairman and Deputy Chairman from amongst its members.
Theoretically the powers of the Legislative Council are coequal with the Assembly. But in reality the Council is a weak partner of the Legislative Assembly.
Ordinary bills can originate in any chamber of the legislature. A bill in order to become an Act must be approved by both the chambers and receive the assent of the Governor.
The Governor may give his assent or return the bill back to legislature with his observations.
The legislature while reconsidering the bill may or may not take note of the views of the Governor on the bill.
The Governor is bound to give his assent to the bill when it is presented to him for the second time.
If the Legislative Council disagrees with a bill passed by the Legislative Assembly, then the bill must have a second journey, from the Assembly to the Council.
But ultimately the views of the Assembly shall prevail.
The Council has no powers to advise a bill passed in the Assembly. It can only delay the passage of the bill for 3 months in the first instance and for one month in the second.
There is NO provision of joint sitting as in case of disagreement in Parliament over ordinary bills.
In the ultimate analysis the Legislative Council is a dilatory chamber so far as ordinary legislation is concerned.
It can delay the passage of the bill maximum for a period of four months.
In the domain of govt. finance it has almost no powers. Like the Council of States, it enjoys a subordinate position in financial matters.
Money Bills originate only in Assembly. After they are passed in the Assembly it is sent to the Council. The Council can keep it maximum for a period of 14 days. If it does not pass it within that period, it is deemed to have received the approval of that House.
The Council can control the executive by way of putting questions to ministers, by raising debates and adjournment motions to highlight the lapses of the government but it cannot throw a government out of power.
The Legislative Assembly in addition, to the powers discussed above enjoys the power to move vote of no confidence which can force the government to resign.
In case of controlling the executive the final say lies with the Legislative Assembly.
In 2010 the Parliament passed an Act to re-establish a Legislative Council for an eighth state, Tamil Nadu, but implementation of the Act has been put on hold pending legal action; the state government has also expressed its opposition to the council’s revival.
Union Cabinet of India has cleared the State of Assam to form a Legislative Council on 28 November 2013.
Odisha state is preparing to set up a legislative council after conducting a study in Karnataka and Maharashtra.
The makers of the Constitution have deliberately given a secondary position to the Council of States so that both the chambers in the state do not compete with each other for supremacy.
The purpose was to accommodate various professional interests in the Legislative Council, who through their experience can act as the friend, philosopher and guide of the Legislative Assembly.
LC aims at improving representation of every section of the masses at the highest level of decision making, including the dominant groups in terms of numbers as well as in terms of professional competency.
It also aims to improving responsibility, accountability and transparency of the decision making process.
The existence of a Legislative Council has proven politically controversial:
A number of states that have had their Council abolished have subsequently requested its re-establishment; conversely, proposals for the re-establishment of the Council for a state have also met with opposition.
Proposals for abolition or re-establishment of a state’s Legislative Council require confirmation by the Parliament of India.
The reasons could range from budgetary constraints, to reluctance of the elected members of Vidhan Sabha/Legislative Assembly to share power and compromise decision making process.
