INDIAN FEDERAL SYSTEM

** Social diversities & vast size of the country – FEDERAL system with STRONG CENTRE…not a result of any treaty/ agreement amongst the states…states don’t enjoy the right to secede from FEDERATON..coz it was not result of their consent

** Article 1 – declares India to be a UNION OF STATES

**QUASI FEDERAL – basically a unitary state having nominal federal characteristics …less federal n more unitary

***Neither pure federal nor pure unitary …federal system …the national interest is supreme..Federal in structure but unitary in spirit

**strong  centre  and  weak  state 

FEDERAL FEATURES	UNITARY FEATURES
SUPREMACY   OF CONSTITUTION *USA : Judicial Supremacy *UK: Parliamentary  Supremacy *INDIA : CONSTITUTIONAL Supremacy	DIVISION OF POWER *In the favor of centre *residuary power are left with centre
	SINGLE CONSTITUTION *For both centre n states * USA- separate consti. For state n centre
SEPARATE GOVT. IN CNETRE AND STATE *Separate govt. u/n provision of constitution *state derive their authority n power not from central govt but directly from constitution
	SINGLE CITIZENSHIP *USA – provision for double citizenship i.e.  one of the union n other for states *INDIA – principle of single citizenship
DIVISION OF POWER *Union List – 97 Nat’l & Int’l imp Constitution duznt allow state govt to legislate *state list – 66 local imp Union govt to legislate upon matters *Concurrent list – 47 both central n state Union govt prevail upon state laws in case of conflict
	INTEGRATED JUDICIAL SYSTEM *USA – one for states  & another for Union * INDIA- SC at apex ,HC at middle n subordinate courts at lower level HC- not separate or II to SC , but below n subordinate to SC
SUPREME AND INDEPENDENT JUDICIARY *Judicial power is not distributed in India	POWER TO THE UNION GOVT. TO CHANGE BOUNDRIES N NAMES OF STATUS *USA – “indestructible Union of  indestructible states” – neither the states can secede from union nor the union can change the boundaries n territories of the states *INDIA-  “indestructible Union of  destructible states” – Union govt can change the territories of the states
COUNCIL OD STATES AS REPRESENTIVE  HOUSE OF PEOPLE *Upper House- Rajya  Sabha- representation of diff states…differs in terms of popln
CONSTITUTION AMANEDMENT PROCEDURE ART. 368 *Without the approval of states amendment will not come into force *state govt – don’t initiate amendments
	POWER OF THE UNION GOVT. TO APPOINT GOVERNOR IN THE STATES *Head of provincial govt- appointed by Union govt. holds office during pleasure of Prez. *to impose Prez’s rule thru Governor
	FINANCIAL DEPENDENCE OF THE STATES ON THE UNION GOVT *various kinds of grants on the recommendations  by FIN Comm  appointed by Prez
	UNEVEN REPRESENTATION OF THE STATES IN THE COUNCIL OF STATES *USA – equal representation of the states * INDIA – states are not given equal representation in the Rajya  Sabha
	POWER OF PREZ TO GIVE ASSENT TO THE  BILLS PASSED BY STATE LEGISLATUR ES *prez can withhold the assent
	UNITARY STRUCTURE DURING EMERGENCY *Union govt exercises legislative n executive power  of states
	CONSTITUTION AMENDING POWER LIES WITH PARLIAMENT *Approval of states iz needed..only in certain provision of consti. * majority of provision ..even effecting the states ..can be amended by  Parli.  only
	POWER OF CENTRE TO RESOLVE DISPUTE AMONG THE STATES *Union govt as the coordinating body for the states

CONSTITUTIONAL REFORMS DURING NATIONAL MOVEMENT

	Features	Drawbacks
Morley- Minto Reforms -1909	1.No. of elected members  in Imperial & Provincial Legislative Councils increased- elected non-officials still in minority 2.Seperate electorates introduced for Muslims 3. Legislatures could pass resolutions; ask questions n supplementaries, vote separate items of the budget. 4. One Indian to be on viceroy’s executive council. 5. Elected non-officials to be elected indirectly – thus elections introduced for the first time.	1. aimed at dividing the nationalist ranks and at rallying the  Moderates n the Muslims to the Govt’s side 2.No responsibility entrusted to legislatures – this resulted in thoughtless criticism sometimes 3. System of election was too indirect.
Montagu- Chelmsford Reforms	1.Dyarchy in provinces 2. Two lists – reserved and transferred – for administration .reserved subjects to be administrated by ministers from legislative council. 3.extensive powers to governor , governor –general n secretary of the state for interference 4.franchise expanded , powers also extended 5.Governor –general to administer with an executive council of 8- three to be Indians 6.Two lists for administration – central n provincial 7. Bicameral central legislature – central legislative Assemble as the lower house and council of states as the upper house	1.Dyarchy arrangement  too complex n irrational to be functional 2. Central executive not responsible to legislation 3. Limited franchise
Simon Commission 1928	Came in 1928 to explore possibility of further constitutional advance	Boycotted by Indians because no Indian represented in the commission
Nehru Report 1928	1.First Indian effort to draft constitutional scheme 2.dominion status 3.not separate electorates, but joint electorates with reserved seats for minorities 4.linguistic provinces 5.19 Fundamental rights 6.responsible government at centre and in provinces
Government of India Act 1935	Proposed – 1.an All India Federation; bicameral legislature at the centre; provincial autonomy; three lists for  legislation- federal, provincial and concurrent 2.At centre , subjects to be administered divided into reserved and transferred categories 3.Provincial legislators to be directly to be elected
Linlithgow’s Statement (17 Oct 1939)	1.Britains war aim is to resist aggression 2. All interest groups are to be consulted to modify 1935 act for Future 3.immediately a “consultative committee” is to be formed for advising functions	Congress Response 1.No Indian support to the war 2. Congress ministries in province to resign 3. But no immediate mass struggle to be launched
August Offer (1940)	1.dominion Status to be the long –term objective 2.After the war, constituent assembly to be formed comprising mainly Indians 3. Minorities  consent to be essential for any future settlement	Congress rejected the offer
Cripps Mission    ( March 1942)	1.An Indian Union with dominion status, with right to withdraw from Commonwealth 2.after war, a constituent assembly elected by provincial assemblies to frame the constitution 3.Freedom to any province unwilling to join the Union to have a separate agreement with Britain	Congress objected to 1.dominion status 2.right to provinces to secede 3.no immediate transfer of power 4.retention of governor-general’s supremacy Muslim League objected to 1.Pakistan not being explicitly offered 2.the machinery for creation of constituent Assembly
C. Rajagopalachari Formula  (March 1944)	1.league should immediately support independence for India  n cooperate in Interim Govt 2.After War, Muslim majority areas to exercise right to self-determination 3. In case of partition, common centre for defense , commerce, communication etc	Jinnah rejected the offer as he wanted Congress to accept the two- nation theory
Desai –Liaqat Pact	1.Congress and league nominees to have equal representation in Central  executive 2.20% of seats reserved for minorities
Wavell Plan   ( Shimla conference – June 1945)	1.An all Indian executive council except the governor-general and commander-in chief 2.equal representation for caste Hindus n Muslims	1.Muslim League wanted all Muslims to be its nominees and claimed a communal veto in the executive council 2.congress objected to it being painted purely as a caste hindu party
Cabinet Mission	Proposals 1.rejected of Pakistan 2.grouping of existing assemblies into three sections A, B, C 3.three-tier executive and legislature at province, princely sates and union level 4.provincial assemblies to elect a constituent assembly 5. common centre for defense ,   communication, external Affairs 6.Provinces to have autonomy and residual power 7.Princely states free to have an arrangement with the successor government or the British Govt 8.in future, a province free to come out of the section or the union	Congress claimed that the grouping was optional while the league thought that the grouping was compulsory. mission decided the mateer in the League’s favor
Attlee’s Statement ( Feb 20, 19470	1.June 30, 1948 as deadline for transfer of power 2. power may be transferred to one centre or in some areas to existing provincial governments
Mountbatten Plan June 3, 1947	1.Punjab and Bengal Assemblies to take decision on partition 2.Sindh to take its own decision 3.Referendum to be held in NWEP and Sylhet District 4.Two dominions to be created if partition is to take place, with two Constituent Assemblies 5.Freedom to be granted on Aug 15, 1947

Parliamentary Motions ....!!! (Polity tadka)

What is a MOTION in Indian Parliament?

A motion is a proposal by a member of the house for its opinion/decision. The person making the motion(except privileged motion), known as the mover, must first be recognized by the chairman as being entitled to speak; this is known as obtaining the floor.

Soon the mover has obtained the floor, the mover states the motion, normally prefixed with the phrase "I move." Generally, if the motion has been proposed, consideration by the assembly occurs only if another member of the body immediately seconds the motion.

Types of Motions :

1.)Privilege Motion 

*The motion will be introduced by the opposition if a minister has mislead the house by providing wrong information.

*The member of Indian legislatures, either the federal Parliament of India or the Vidhan Sabha and Vidhan Parishad in the states and territories, may raise a question  involving a breach of privilege either of a member or of the Council or of a Committee with the consent of the Chairman.

example -- Recently BJP threathened Civil Aviation minister to bring a PRVILEGE motion against him against the remarks he made about AIR INDIA outside the Parliament .... !!!!

Read more at: http://indiatoday.intoday.in/story/bjp-ajit-singh-privilege-motion-air-india-parliament/1/188880.html

2.) Censure Motion

*This motion can be moved only in Lok Sabha and by the opposition of the house. 

*It can be moved against the ruling government or against any minister for the failure to act or seeking disapproval of their policy.

*No leave of the House is required for moving a censure motion but it must specify the charges against the government for which it is moved.

*If the censure motion is passed, the Council of ministers is bound to seek the confidence of the Lok Sabha as early as possible.

example - A Censure Motion was moved against Team Anna recently by Sharad Yadav for their derogatory remarks on the Parliamentarians 

3.) No Confidence Motion

*This can be moved only in Lok Sabha and by the opposition of the house. 

*Can be brought only against the Council of ministers and not against any individual minister. 

*Unlike censure motion, a no-confidence motion does not require any specific ground. 

*Once admitted in the House, it takes precedence over all the pending business of the House.

*Generally the PM answers the allegations after the members have spoken.  

*If the motion is adopted by the House, the Council of Ministers is bound to resign.

example - A no confidence motion was moved against the UPA in 2008 by the oppostion with respect to Nuclear deal which failed

4.) Call - Attention Motion

*A member (after permission from Speaker) calls the attention of the minister to any matter of ‘urgent public importance’. 

*There is no Call - Attention motion in the Rajya Sabha. Instead there exists a motion called ‘Motion for Papers’.

5.) Adjournment Motion

Motion for an adjournment of the business of the House for the purpose of discussing a definite matter of urgent public importance may be made with the consent of the Speaker.

6.) Cut Motions

*The members of the Lok Sabha has a veto power to oppose a demand in the financial bill discussed by the government. 

*This is an effective tool to test the strength of the government. 

*If a cut motion is adopted by the House and the government does not have the numbers, it is obliged to resign.

They are moved in the Lok Sabha only. They are part of the budgetary process which seeks to reduce the amounts for grants.

 

Cut Motions can be divided into three categories:

• Disapproval of Policy Cut: That the amount of the demand be reduced to Re.1/-' representing disapproval of the policy underlying the demand. A member giving notice of such a motion shall indicate in precise terms the particulars of the policy which he proposes to discuss. The discussion should be confined to the specific point or points mentioned in the notice and it shall be open to members to advocate an alternative policy.

• Economy Cut: The objective of the motion is to reduce the amount of die expenditure and the form of the motion is “The amount of the demand be reduced by Rupee… (a specified amount)”. Such specified amount may be either a lump sum reduction in the demand or omission or reduction of an item in the demand.

• Token Cut: The objective of the motion is to ventilate a specific grievance within the sphere of responsibility of the Government of India and its form is “The amount of the demand be reduced by Rupee 100″.

The Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA,1996)

The Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA,1996)

**The Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA, 1996) was enacted and came into operation on 24 December, 1996. 

**This Act extends Panchayats to the tribal areas of nine States, namely, Andhra Pradesh, Chhattisgarh,Gujarat, Himachal Pradesh, Jharkhand,Maharashtra, Madhya Pradesh, Orissa and Rajasthan, which intends to enable tribal society to assume control over their own destiny to preserve and conserve their traditional rights over natural resources.

**All the State Governments have enacted their State Legislations in pursuance with the PESA, 1996.

**However, the State Governments are required to amend all the relevant Acts/Rules to bring them in conformity with the provisions of the PESA, 1996.

 -----------------------------------------------------------------------------------------

Going into the background of it

Village level democracy became a real prospect for India in 1992 with the 73^rd amendment to the Constitution, which mandated that resources, responsibility and decision making be passed on from central government to the lowest unit of the governance, the Gram Sabha or the Village Assembly. A three tier structure of local self government was envisaged under this amendment.

Since the laws do not automatically cover the scheduled areas, the PESA Act was in-acted in 1996 to enable Tribal Self Rule in these areas. The Act extended the provisions of Panchayats to the tribal areas of nine states that have Fifth Schedule Areas.

The PESA Act gives radical governance powers to the tribal community and recognizes its traditional community rights over local natural resources. It not only accepts the validity of “customary law, social and religious practices, and traditional management practices of community resources”, but also directs the state governments not to make any law which is inconsistent with these. Accepting a clear-cut role for the community, it gives wide-ranging powers to Gram Sabhas, which had hitherto been denied to them by the lawmakers of the country.

 

Gram Sabha are endowed specifically with the following powers-

(i)  the power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant;

(ii) the ownership of minor forest produce; 

(iii) the power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribes;

(iv) the power to manage village markets by whatever name called;

(v)  the power to exercise control over money lending to the Scheduled Tribes;

(vi) the power to exercise control over institutions and functionaries in all social sectors;

(vii)   the power to control over local plans and resources for such plans including tribal sub-plans;

 -------------------------------------------------------------------------------------------

How will PESA help to counter face Naxalism ?

The full-fledged implementation of PESA will give Rs 50,000 crore to tribal communities to develop themselves. Nothing would deal a bigger blow to the Maoists than participative development by, for and of the tribal communities. Of the 76 districts highly infected by the Maoists, 32 are PESA districts. Hence, honest implementation of the PESA Act would empower the marginalized tribals so that they can take care of their developmental needs. This would deprive the Naxals of their ground support coming from the misguided and helpless tribals.