Tnpsc and Upsc Notes Pdf
Other types of Majority are Effective, Simple and Special Majority.
Corruption is dishonesty and criminal offence done by a person or organization that is entrusted with a position of authority to acquire illegal benefits for one gain.
It has become a norm for people in India in all aspects of life to obtain power, influence and other political or personal gains through illegitimate ways.
More surprising is that there are no active measures taking place to curb this, even after the Constitution of India has many anti-corruption laws.
Corruption is found everywhere in the world and its negative effects are almost similar everywhere across the world. Some of the effects are:
Corruption along poverty happen the needs of the common man is not met. And the poor man engages in corrupt practices.
In India, there is poor remuneration and compensation in Government offices and in Industries that breeds unsatisfied and corrupt workers. These officials engage in illegal activities for money.
2. Corruption Acceptance by Common People
The people over time got convinced with corruption. If “Guy X” is corrupted and over time he does some good things, people accept them.
The public feels like there is nothing wrong with corruption, it is just part of it and happens everywhere and there is no need to react or agitate against it.
3. Failure of Government Institutions
The government institution and law enforcement agencies to meant to control the corruption in public life. But these institutions were often pressurized by Political parties, pressure groups, religion, caste groups etc.
This lead to inefficiency in their performance. And also slow legal justice delivery by the courts, creates opportunities for corrupt officers to find ways to escape from.
4. Greed
The greed of the common person, rich, government official, politician etc, everyone has the desire to gain and acquire wealth. The Politician, Top Government official, Rich people has vast power and influence to acquire wealth by corruption.
The greed mostly affects the marginalized people such as Daily wagers, Tribal people, Slum dwellers etc.
5. Disbelief in Law
Most people have disbelief in the law of the nation due to its slow nature in dealing the various issues. This made people have no fear over the law, court, police, or the government.
This feeling has encouraged them to commit corruption and they were not guilty of doing it again and again.
Below is a simplified table summarizing the History of Local Governments in India:
| Period | Key Developments | Notable Features |
|---|---|---|
| Ancient Period | Village Panchayats were prominent. | Local self-governance through assemblies like Sabhas and Samitis. The village was the basic unit of administration. |
| Medieval Period | Local governance declined under feudal systems but continued in villages to some extent. | Revenue administration dominated by landlords and nobles. Limited self-rule in rural areas. |
| British Era | Beginning of modern local governance structures. | – 1687: Madras Municipal Corporation established. – 1882: Lord Ripon’s Resolution introduced local self-governance and elections. – Local boards for urban and rural areas created. |
| Post-Independence | Strengthened the foundation for decentralized governance. | – 1950: Constitution recognized Panchayati Raj and local bodies as state responsibilities. – Urban governance through municipalities emphasized. |
| 1973 – 74 | 73rd and 74th Constitutional Amendments (1992) institutionalized local governments. | – Introduced three-tier Panchayati Raj system for rural areas. – Mandated elections for urban local bodies. – Reserved seats for women and marginalized communities. |
| Contemporary Era | Local governance expanded with increased responsibilities and financial powers. | – Devolution of funds, functions, and functionaries to local governments. – Focus on e-governance, participatory democracy, and inclusive development. |
This table outlines the transition of local governments in India from informal village assemblies to formalized structures enshrined in the Constitution.
The 73rd Constitutional Amendment Act, a watershed moment in Indian governance, transformed the landscape of rural administration by introducing significant changes in the Panchayati Raj system. Aspirants preparing for the UPSC (Union Public Service Commission) examinations need a comprehensive understanding of this amendment, its provisions, and its impact on local self-governance. In this blog post, we will delve into the intricacies of the 73rd Constitutional Amendment, exploring its historical context, key features, and its relevance for UPSC aspirants.
The early 1990s marked a pivotal juncture in Indian politics, with a growing realization of the need to decentralize governance and empower local communities. The 73rd Amendment, enacted in 1992, was a response to this need, reflecting a commitment to democratize rural administration and foster participatory decision-making.
In conclusion, the 73rd Constitutional Amendment stands as a testament to India’s commitment to democratic decentralization and grassroots empowerment. For UPSC aspirants, a nuanced understanding of this amendment is indispensable. Beyond rote memorization, aspirants should be able to critically analyze its impact, evaluate its successes and challenges, and appreciate its role in shaping the trajectory of rural governance in India. The 73rd Amendment is not just a constitutional provision but a transformative force that has redefined the dynamics of local self-governance, making it a crucial topic for UPSC preparation.
The Mehta Committee suggested that the administration should be decentralized and the administration should be set under the power of local bodies.
Also, the community development blocks should be devised as a decisive democratic section with an elected Panchayat Union to operate as a block of developmental exercise in the area. The committee also recommended the creation of District Development Councils (Zila Parishad) at the district level.
This Zila Parishad should have all the Presidents of the Panchayat Unions (Samities), MLA, and MP including district level officers of the Public Health, agriculture, veterinary, and education departments as members and the collectors as the chairman.
The district body is only an advisory body. Mehta Committee was welcomed and Panchayat Raj legislation was enacted in the 1960s. About 90% of the country was covered by the Panchayati Raj bodies.
The union government formed a committee in 1977 and put Ashoka Mehta as the chairman to work on the measures to strengthen the Panchayati Bodies. The Ashoka Mehta, the committee recommended that the Panchayati Raj should be local government selected in a democratic way that should work on developmental, regulatory, and municipal functions.
The committee suggested setting District Panchayat also called Zilla Parishad as the directly elected body. As a temporary composition, the committee suggested the preservation of the Panchayat union at the block level.
Not as a unit of local self-government but as a chosen middle-level post arm for the District Development Council. Mehta committee presented its opinion in 1978, which was accepted and motivated various states to add relevant reforms in their Panchayat Acts such as Karnataka, Maharastra, Andra Pradesh, West Bengal, and Gujarat.
Some committees were established between 1978 and 1986, to strengthen the local self-government systems such as C.H.Hanumantha Rao Committee, G.V.K Rao Committee, and L.M.Singhvi Committee.
The barely lesser revision was proposed by these committees from the Ashok Mehta committee. The next landmark was the presentation of the 64th and 65th constitutional Amendment Bills, in July 1989 by the Rajiv Gandhi Government.
These amendments could not be passed in the Council of states (Rajya Sabha). Following several efforts, in 1992 including significant opinions of earlier studies on this matter, the state drafted and presented in the 73rd and 74th constitutional Amendment bills in Parliament in 1992.
It was enacted by the Indian Parliament in 1993. The 73rd and 74th constitutional Amendments proposed new part IX and IXA in the Indian Consitution comprising Articles 243 to 243 ZG.part IX and IXA in the Indian Consitution comprising Articles 243 to 243 ZG.
Constitutionally, the President of India has the right to be informed of all vital issues and deliberations of the Council of Ministers. The Prime Minister is Obliged to furnish all the details that the President of India may ask for.
The President of India often writes the Prime Minister and expresses his/her view on the matters that confront the country.
Apart from the above things, there are three situations where the President can exercise the power using his/her own discretion.
The President can send back the advice given by the Council of Ministers and also ask the council to reconsider their decisions. By doing so, the President acts on his/her own discretion.
This is done when the President feels that the advice has some flaws or legal lacunae or thinks that their advice might not good for the best interest of the country. In these cases, the President can ask the Council to reconsider their decisions.
But the council can still send back the same advice. Then the President would be bound by that advice and such request by the President to reverse the decision would carry a lot of weight.
Every bill passed by the Parliament of India goes to the President for assent before it becomes law. The President has veto power by which the President can withhold or refuse to give assent to bills passed by the parliament other than the money bills.
The President of India can send back the bill to the Parliament to reconsider it. But this ‘Veto Power’ is limited. This is because if the Parliament passes the same bill again and sends it to the President of India.
Then the President has to give his/her assent to the bill. But there is no mention in the Constitution of India about the time limit within which the President must send the bill back for reconsideration.
This gives the President the power, to keep the bill pending with him without any time limit. Due to this, the President has the informal power to use the veto in a very effective manner. This is also referred to as ‘Pocket Veto’.
The third discretion power arises from political circumstances. Formally, the President appoints the Prime Minister. Usually, the leader of the majority in Lok Sabha is appointed as Prime Minister. Here there is no discretion that arises.
But when there is a situation, where there is no leader has a clear majority. Now the President decides whom to appoint as the Prime Minister.
In such situation the President has to use his own discretion in who has the support of majority or who can run the government.
Also at state level, a similar parliamentary executive exists with some difference or variances. Of these, most important variation is Governor of the state.
Governor of the state is appointed by the President on the advice of the central government. The governor has more discretionary powers.
There are five writs in India:
Habeas Corpus
It means to produce the person in the body.
It applies in cases where a person is alleged to have been illegally detained.
This writ safeguards the personal liberty of every individual.
Mandamus
It is meant to direct any authority to perform its legal duty.
Mandamus may be issued against any authority, officers, government, or even judicial bodies that do not or refuse to perform a public duty and discharge the legal obligation.
Certiorari
It lies against Judicial or quasi-judicial authorities, and ‘it means to be informed‘. The writ of certiorari is issued to quash illegal orders of Judicial or quasi-judicial bodies.
Quo-Warranto (Article-32)
It is a question asking with ‘what authority or warrant’.
This is meant to ascertain the legal position in regard to the claim of a person to hold a public office.
Prohibition
It means to forbid. It is issued by the higher court to the lower court, to prevent the smaller court from exceeding its jurisdiction.
It can be issued only against the Judicial and quasi-judicial authorities. This writ is not available against administrative authorities, legislative bodies, and private individuals or bodies.
Public Interest Litigation (PIL) is a litigation that is undertaken to secure public interest. It is also used to demonstrate the availability of justice to the disadvantages parties or people. PIL was introduced by Justice P.N.Bhagwati after relaxation of traditional rule of locus standi.
The PIL Jurisdiction forged by the Supreme Court is an extension of its Jurisdiction under Article 32 of the constitution.
PIL is not in the nature of adversary litigation but it is a challenge and an opportunity to the government and its officers to make such issues as human rights meaningful to the deprived and vulnerable section of the society and to ensure socio-economic justice.
Public litigation cases can be filed against the central, state government, municipal authority but not against any private party.
Recently many public litigations, cases are filled based on the area of Public interest.
In 2005, a case was decided by the Supreme Court Named Common Cause Society Vs Union of India. The Petitioner filed a PIL, praying to the court to enact a road safety act in view of the numerous road accidents.
PIL case, Sangammal Pandey Vs State of UP, the Lucknow bench of the High Court stayed constructive activities near Kanshiram memorial up to a specific date.
In the Peoples Union for Democratic Rights Vs Union of India case, the supreme court permitted Public interest Litigations at the instance of ‘Public spirited citizens’ for the enforcement of constitutional and legal rights of any person or group of persons who because of their socially or economically disadvantaged position are unable to approach the courts for relief.
PIL is part of the process of ‘participate justice’ and standing in civil litigation, of that pattern which has liberal reception at the judicial doorsteps.
In the Paramanand Katara Vs Union of India case, the supreme court held in the PIL filed by a human rights activist fighting for the general public interest.
That is a paramount obligation of every member of the medical profession to give medical aid to every injured citizen as soon as possible without waiting for any procedural formalities.
The state government follows the parliamentary system of government like the central government. Some states have a Bicameral legislature and some states have a Unicameral legislature. The state executive or the state government may consist of:
These three executives form the basic structure of government in the states. Kindly check the Constitution of India (Articles 152-162).
Here’s a table summarizing the structure of State Government in India as per the Indian polity:
| Component | Details |
|---|---|
| Governor | The constitutional head of the state; appointed by the President of India. Acts on the advice of the Council of Ministers headed by the Chief Minister. |
| Chief Minister (CM) | The real executive authority of the state. Elected leader of the majority party or coalition in the Legislative Assembly. |
| Council of Ministers | Comprises cabinet ministers, ministers of state, and deputy ministers. Aids and advises the Governor; collectively responsible to the Legislative Assembly. |
| State Legislature | Either unicameral (Legislative Assembly) or bicameral (Legislative Assembly and Legislative Council, in some states). Responsible for making laws for the state. |
| Legislative Assembly (Vidhan Sabha) | The lower house in a bicameral or sole house in a unicameral system. Members (MLAs) are directly elected by the people. |
| Legislative Council (Vidhan Parishad) | The upper house (exists in a few states). Members are partially elected by MLAs, local bodies, graduates, teachers, and nominated by the Governor. |
| Judiciary (High Court) | The apex judicial body at the state level. Oversees state legal matters and ensures the constitutionality of laws and actions. |
| State Public Service Commission (SPSC) | Independent body responsible for conducting examinations and advising the state government on matters of recruitment and service of civil servants. |
This structure illustrates how the state government functions, combining executive, legislative, and judicial components to administer state affairs.
The states having a Unicameral Legislature will have only a Legislative Assembly. Example: Tamil Nadu, West Bengal, etc has a Unicameral Legislature.
India has 28 states and out of which 24 states have Unicameral Structure. They are:
Here is a table summarizing unicameral states in India with respect to Indian polity:
| State Name | Legislature Type | Details |
|---|---|---|
| Andhra Pradesh | Unicameral | Initially bicameral, Andhra Pradesh transitioned to a unicameral system in 1985. Restored bicameral in 2007. |
| Arunachal Pradesh | Unicameral | Single-house legislature, Legislative Assembly, comprising directly elected representatives. |
| Assam | Unicameral | Legislative Assembly is the sole house, responsible for state legislation. |
| Chhattisgarh | Unicameral | Operates with a single-house legislature (Vidhan Sabha). |
| Goa | Unicameral | Has a single-house legislature (Legislative Assembly). |
| Gujarat | Unicameral | State legislative processes are conducted solely in the Legislative Assembly. |
| Haryana | Unicameral | A single-house legislature exists in the form of Vidhan Sabha. |
| Himachal Pradesh | Unicameral | Legislative Assembly forms the only house of the legislature. |
| Jharkhand | Unicameral | Governance and law-making occur solely through the Legislative Assembly. |
| Kerala | Unicameral | Legislative Assembly is the only house of the state legislature. |
| Madhya Pradesh | Unicameral | Functions with a Legislative Assembly as the sole house. |
| Manipur | Unicameral | Operates with a single-house legislature (Vidhan Sabha). |
| Meghalaya | Unicameral | Legislative Assembly serves as the only legislative body in the state. |
| Mizoram | Unicameral | Governance and law-making occur through the Legislative Assembly. |
| Nagaland | Unicameral | Functions with a Legislative Assembly as its sole house. |
| Odisha | Unicameral | Has a single-house legislature (Legislative Assembly). |
| Punjab | Unicameral | Legislative Assembly is the sole house responsible for state legislation. |
| Rajasthan | Unicameral | Governance and law-making are conducted through a single-house legislature. |
| Sikkim | Unicameral | Operates with a Legislative Assembly as its sole house. |
| Tamil Nadu | Unicameral | Has a Legislative Assembly responsible for state legislative functions. |
| Tripura | Unicameral | Functions with a Legislative Assembly as its only house. |
| Uttarakhand | Unicameral | Operates with a Legislative Assembly as the sole house of the legislature. |
| West Bengal | Unicameral | Legislative Assembly is the only legislative body in the state. |
Bicameral legislature in India meaning
This is just like centre, the state will have Legislative Council and Legislative Assembly.
In India, six states have a Bicameral Legislature. The bicameral legislature states are Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
In the states having Bicameral legislatures, the governor nominates one-sixth of members of the legislative council. Those are a person who has special knowledge or experience in literature, science, art, cooperative movement, or social service.
The governor also nominates a person from the Anglo-Indian community to the legislative assembly.
Here’s a table summarizing the states with a bicameral legislature in India:
| State/Union Territory | Legislative Bodies | Details |
|---|---|---|
| Andhra Pradesh | Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad) | Re-established its bicameral system in 2007 after previously abolishing the Legislative Council in 1985. |
| Bihar | Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad) | One of the original states with a bicameral legislature under the Indian Constitution. |
| Karnataka | Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad) | Legislative Council acts as the upper house; members are partially elected and partially nominated. |
| Maharashtra | Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad) | The upper house plays a key advisory and review role for state legislation. |
| Telangana | Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad) | Retained its bicameral legislature after its separation from Andhra Pradesh in 2014. |
| Uttar Pradesh | Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad) | Largest state in India by population, having both legislative houses. |
| Jammu & Kashmir (Union Territory)* | Legislative Assembly (Vidhan Sabha) Legislative Council (Vidhan Parishad)** | Had a bicameral system before Article 370 was revoked. The Council has since been abolished. |
The Part VI of the Indian Constitution deals with the state government and once it does not apply to Jammu and Kashmir. It enjoyed a special status and had its own constitution by Article 370, until the abolition of Article 370.
The Governor of the state appoints the leader of the majority party which won in the assembly election as Chief Minister. Also appoints the council of ministers as per the advice of the Chief Minister.
The council of ministers stays in office during the pleasure of the Chief Minister. The governor act on the advice of the chief minister.
When the governor finds the state government is not in compliance with the Constitution of India, the Governor may recommend the President to proclaim a constitutional emergency as per Article 356.
To Read More above Governor, Read from the link below:
He/She is the real executive of the state, head of the cabinet, and council of ministers. By Article 164(1), Governor appoints the Chief Minister of the state.
Chief Minister is a real executive head, has wide powers, and performs various functions. Important ones are:
Chief Minister has more powers in ministry making and can recommend the appointments of the minister. Also, designate them as ministers of state or deputy ministers and also as cabinet ministers. The Chief Minister also recommends their removal.
The Chief Minister has the power to preside over the meetings of the cabinet and makes policy decisions of the government. The Chief Minister is also the mediator between the governor and council of ministers in making all the cabinet-related decisions such as administrative and legislative proposals.
The CM scrutinizes all bills, resolutions, etc that are placed before the legislature.
And Most importantly, all the major appointments made by the governors are actually made on the advice of the Chief Minister.
The next important part of the state government is the State Council of Ministers.
| Aspect | Details | Relevant Article(s) |
|---|---|---|
| Executive Powers | – Acts as the real executive authority in the state. – Advises the Governor in appointing other ministers. – Allocates and reshuffles portfolios among ministers. | Articles 163, 164 |
| Legislative Powers | – Leader of the Legislative Assembly (or Council, if bicameral). – Proposes bills and policies in the legislature. – Recommends the dissolution of the Legislative Assembly to the Governor. | Articles 164, 174, 175 |
| Administrative Powers | – Acts as a link between the Governor and the Council of Ministers. – Supervises the administration of the state. – Provides guidance to ministers. | Articles 163, 166 |
| Financial Powers | – Advises the Governor on budget presentation. – Oversees state financial planning and policy. – Directs fund allocation for state departments. | Articles 202, 203 |
| Judicial Powers | – Advises the Governor on appointments of key judicial officials (e.g., Advocate General). – Recommends pardons, reprieves, and remissions under state laws. | Articles 161, 165 |
| Party Leadership | – Acts as the leader of the ruling party in the state. – Ensures party discipline and coherence in legislative policies. | Political Practice (Not in Articles) |
| Emergency Functions | – Plays a crucial role during the imposition of President’s Rule in the state. – Advises the Governor on handling emergencies. | Articles 356, 355 |
| Other Functions | – Represents the state at national and international forums. – Addresses public grievances and ensures governance aligns with public welfare. | Political Practice (Not in Articles) |
There shall be a council of ministers headed by the Chief Minister to aid and advise the governor in the exercise of his functions except when he is required by the constitution to act in his discretion.
Article 163(1)
The state council of Ministers is formed similar to the council of ministers at the Union. The Leader of the majority party or coalition of parties is appointed as the chief minister by the governor. And other ministers in the council of ministers are appointed by the governor based on the advice of the chief minister.
They hold the office during the pleasure of the Governor. But in reality, the governor acts on the advice of the chief minister. The council of ministers is individually responsible to the Chief Minister and the council of ministers is collectively responsible to the legislative assembly of the state.
This means the council of ministers shall speak in one voice.
The council of ministers is cabinet ministers, ministers of state, and deputy ministers. Of them, cabinet ministers constitute the state cabinet. The cabinet ministers of the state cabinet are the prominent ministers of the council of ministers and are headed by the Chief Minister.
The cabinet takes decisions on behalf of the council of ministers. And all the ministers are bound by the decisions of the cabinet.
State Executive structure consists of the Governor and the Council of Ministers with the Chief Minister as its head.
The National Commission to review the working of the constitution (NCRWC) also known as Justice Manepalli Narayana Rao Venkatachaliah Commission.
It was set up by a resolution of the NDA Government of India led by Atal Bihari Vajpayee on 22 February 2000 for suggesting possible amendments to the constitution of India.
