indian political syste1

8/2/2019 Indian Political Syste1

1/17

Indian Political System0digg

inShare

Delicious

Splendid Maldives4 days @

41,999 only!Contact Number *

First Name *

Last Name *

Email Address *

City of Residence *

Departure Date *

DD

MM

YY

According to our Constitution, India is a "Sovereign, Secular, Socialist, Democratic Republic." It has 28 States and 7 Union Territories. With a population of

approximately 1.2 Billion, India happens to be the largest democracy and second most populous country in the world. Indian polity is a multi-party democracy,

based on the adult franchise system of voting. That is any Indian citizen of age 18 and above, who is not debarred by law, can vote in the Indian elections, at

national, state and local levels.

India is a parliamentary democracy and a federal parliamentary representative democratic republic, where the Prime Minister is t he head of government. He or she

should be chosen by the MPs (Member of Parliaments) of the ruling party or the coalition that comes to power, and is the focal point of Political System in India.

However, The Prime Minister of India is formally appointed by The President of India. Presently Manmohan Singh is The Prime Minister of India.

Indian President: A Titular Head In Indian Political System

Indian President is the head of the state and the first citizen of the country, and also the supreme commander of the armed forces. Though in theory he/she holds

considerable power, but in reality he/she is a Titular Head in Indian Political System, whose role is similar to that of the Constitutional Monarch in the UK. The

President of India is elected by members of an Electoral College, consisting of elected members of both Houses of Parliament and Legislative Assemblies of the

states, with suitable weightage given to each vote. The election uses single transferable voting method of proportional representation. The President's term of

office is 5 years, and can be re-elected to his/her office.

Among his/her important powers on paper, The President of India can proclaim an emergency in the country if he/she is satisfied that the security of the country or

of any part of its territory is threatened whether by war or external aggression or armed rebellion. When there is a failure of the constitutional machinery in a state,

he/she can assume to himself/herself all or any of the functions of the government of that state. However, in reality, the Indian polity entails that most of the

political authority excluding few exceptions, and their execution, rests withThe Council of Ministers headed by the Prime Minister of India, which comprises

of The Cabinet Ministers, Ministers of State (Independent Charge) and Ministers of State, whose suggestions President is bound to oblige.

In the Indian Political System, The Union Government (the Council of Ministers, headed by The Prime Minister of India) executes its administrative powers in the

name of The Indian President, whose post is largely ceremonial. Besides the formal appointment of The Prime Minister, The President of India is also responsible

for making many important appointments such as of the Council of Ministers in the Union Government (on the 'advice' of the Prime Minister, which he/she is

supposed to adhere to anyway), The Chief Justice and other judges of the Supreme Court of India and High Courts, Governors and Attorney General among

others. Srimati Pratibha Patil is the twelfth President of India, and also the first woman to become the President of India.

The President of India can also be removed before his/her term through impeachment. A resolution to impeach the President of India has to be passed by a two-

thirds majority of the total members of the house of the Parli ament, which originates such a motion. It i s then sent to the other house. The other house investigates

the charges that have been made. During this process, the President has the right to defend himself/herself through an authorized counsel. If the second house

also approves the charges made by two-thirds majority again, The President stands impeached and has to vacate his/her office.

The President of India is assisted in his duties by The Vice President. The Vice President is also elected by the members of an Electoral College consisting of

members of both Houses of Parliament, that is The Lok Sabha and The Rajya Sabha, in accordance with the system of proportional representation, by means of

a single transferable vote. He holds the office for five years, and can be reelected. The Vice President of India has to temporarily assume the role of Indian

President in the event of the death, resignation, or removal of The President of India, until a new President is chosen by the electoral college. The Vice President

of India may also act temporarily as President, during the absence or illness of the President. The Vice President of India is also the Ex-officio Chairman of the

Rajya Sabha. Mohammad Hamid Ansari is the present Vice President of India.

The Executive, Legislative & Judiciary - The Three Arms Of Indian Governance
http://www.delicious.com/savehttp://www.delicious.com/savehttp://www.reddit.com/submithttp://www.reddit.com/submithttp://www.reddit.com/submithttp://www.reddit.com/submithttp://www.delicious.com/save


2/17

With the Union Government and State Governments wrest The Executive Power, while the legislative power is vested on the Union Government and the two

houses of Indian Parliament - The Lok Sabha and The Rajya Sabha - and also The State Government and Two State Legislatures - Vidhan Sabha and Vidhan

Parishad. However, here it deserves a mention that only five of India's 28 states have Vidhan Parishad or Legislative Council, which is also known as the upper

house of state legislatures, along with The Vidhan Sabha. The rest of the states don't have bicameral legislatures, and only have Vidhan Sabha or Legislative

Assembly.

Each state also has a Governor, who is formally appointed by The President of India. The role of the Governor is somewhat similar to that of President in the

national level; he is also a titular head of the state in normal circumstances, but can exercise some powers when directed by The Union Government.

The judiciary is the third arm of the Indian Governance, which is independent of The Executive and The Legislature. The Constitution has designated TheSupreme Court, The High Court and The Lower Courts to resolve disputes among people, and also disputes between people and the government. The

Constitution, through its articles relating to the judicial system, provides a way to question the laws of the government, if the common man finds the laws as

unsuitable for any community in India.

The Constitution of India has distributed Legislative Powers between Parliament and State Legislatures as per the lists of entries in the Seventh Schedule of the

Constitution. The Constitution of India has demarcated the subjects under which each tier of the government will have executive and legislative powers. Some

subjects fall under The Union List, some under The State List, while some subjects fall under the category of Concurrent List. The Union Government has the

powers to enact laws on subjects under the Union List of the Constitution, while The State Governments have the powers to enact laws on subjects that fall under

the purview of The State List. Both the Central as well as the State Governments can enact laws on subjects under The Concurrent List, however, in case of

conflict between the two legislations, the laws enacted by the Union Government under The Concurrent List overrides the laws enacted by The State Government.

Lok Sabha & Rajya Sabha - Two Houses In Indian Politics

Parliament is the legislative arm of the Union Government. Indian bicameral politics consists of two houses - i.e. Lok Sabha and Rajya Sabha. Lok Sabha is the

lower house of the Parliament and it comprises of the elected representatives of the people. They come to Lok Sabha after winning their elections, in

which eligible electorates (any Indian citizen of 18 years and above, who is not debarred by law is entitled to vote) cast their votes through the system of

universal adult franchise. Each Lok Sabha is constituted for a five year term, after which it is automatically dissolved, unless extended by a Proclamation of

Emergency. In such a case, its term may be extended with one year increments. Unless it experiences premature dissolution, a given Lok Sabha is expected to

run a 5 year term. From independence to 2011, India has seen 15 Lok Sabha terms. The 15th Lok Sabha was formed in May 2009.

According to the Constitution of India, Lok Sabha can have 552 Members, with 530 Members representing States of India, and 20 Membersrepresenting the

Union Territories. 2 Members are represented by the Anglo-Indian community if the President feels the community doesn't have adequate representation in the

house. In fact, this is one of the few 'real' powers of the President that is ordained by the Constitution of India. The membership of Lok Sabha is distributed among

the states and union territories so as to ensure proper representation of the population of the States and Union Territories. The members of the Lok Sabha elects

a Speaker of the house, who is responsible for the conducting of business, and maintaining the decorum of the house, and also a Deputy Speaker. The later

preside over the proceedings in the absence of the Speaker.

Rajya Sabha or the Council of States is the upper house of the Parliament. Its members are not directly elected by people. Members of the Rajya Sabha from each

state are elected by the members of the State Legislature or the Legislative Assembly of that state by means of proportional representation, through the single

transferable vote system. The representatives of the Union Territories for the Rajya Sabha are chosen in such manner as may be decided or prescribed by the

Parliament from time to time.

According to the Constitution, Rajya Sabha can have maximum 250 Members, that is 238 Members representing the States, and 12 Members nominated by the

President, for their expertise in specific fields of Art, Literature, Science, and Social Services. Rajya Sabha is a permanent body and is not subject to dissolution.

However, one third of the members retire every second year, and are replaced by newly elected members. Each member is elected for a term of 6 years, however

like Lok Sabha, the members can be reelected.Though both Lok Sabha and Rajya Sabha share the union legislative powers, and have the right to initiate, pass and amend ordinary bills of law, but Lok Sabha

has an edge over the upper house of the Parliament. Under the Constitution, The Council of Ministers are only accountable to the Lok Sabha and not Rajya

Sabha, and money bills can only be introduced in Lok Sabha. Rajya Sabha can neither delay the money bills for more than fourteen days, nor can amend it without

the consent of the Lok Sabha. If it does so, the bill will be deemed to be passed by both houses of the Parliament, and will be send to the President for formal

assent. Moreover, if there is a conflict in legislation, which cannot be resolved even by the joint committee of both houses, it is then passed to the joint session of

the Parliament, where eventually Lok Sabha's views would generally prevail as it has more than twice the numbers than that of the Rajya Sabha.

Vidhan Sabha & Vidhan Parishad - Two State Legislatures of Indian Politics

State Legislatures are the legislative arm of the State Governments, which comprise of Vidhan Sabha and Vidhan Parishad (in case of 5 states only). Presently

only Uttar Pradesh, Bihar, Karnataka, Maharashtra and Jammu & Kashmir have Vidhan Parishads, which is again a permanent house and can't be dissolved.

Every member of Legislative Council serves a term of 6 years. Like Lok Sabha, the members of Vidhan Sabha or the Legislative Assembly are also directly

elected by the people of their respective states. The members of Vidhan Sabha also elect a Speaker and a Deputy Speaker, whose roles are similar to that of the

Speaker and Deputy Speaker in Lok Sabha.

The Vidhan Sabha shares state legislative powers with the Vidhan Parishad (wherever it is there), however in case of money bills Vidhan Sabha has the absolute

power. In case of conflicts in state legislations, Vidhan Sabha would generally prevail over Vidhan Parishad, by the sheer st rength of its numbers. According to the

Constitution, Vidhan Sabha can have up to 500 Members, whereas the size of the Vidhan Parishad cannot exceed more than one-third of the membership of the

given state's Vidhan Sabha. Moreover, a motion of no confidence against the state government can only be introduced in the Vidhan Sabha. If it is passed by a

majority vote, then The Chief Minister and his/her Council of Ministers must collectively resign, and regarding this Vidhan Parishad's views doesn't have any

constitutional muscle.

Power Of Amendment In Constitution Framework Of Indan Polity

Though the Constitution of India lays down the framework on which Indian Polity is supposed to run, the Parliament can amend the Constitution if it feels the need

to do so. The amendments in the Constitution Framework of Indian Politics can be done in various ways :

Firstly, it can be done through a simple majority of the Parliament, which entails a simple majority of members of the houses present and voting before sending for

the President's assent.


3/17

Amendments can also be done through a special majority of the Parliament, where two conditions apply. The said bill should be passed by at least two-thirds of

the members of each house of the Parliament present and voting. Furthermore, the members present and voting in each house should not be less than half the

total membership in the house.

Thirdly the Constitution can also be amended through a ratification of at least half of The State Legislatures by special majority, after it has been passed through a

special majority in the Parliament.

All amendments need an assent by the President, which normally is nothing more than a formality. All these methods of amendments pertain to specific articles of

the Constitution. For amending different articles of the Constitution, different methods of amendments are employed. Till today, the Constitution has seen 94

Amendments, which clearly shows the prevalence of legislature over other branches of Indian Constitution.Decentralized & Multi-Party Governance - The Panchayati Raj System

Over the last decade, the governance in Indian Political System has become somewhat decentralized and has assumed a local face, with The Panchyati Raj

System gaining in currency. The 73rd Amendment of the Constitution in 1993 gave constitutional sanctity to the Panchayat Raj Institutions. The Act aims to

provide a 3 Tier System of Panchayati Raj for all states having population of over 2 million. They are to hold Panchayat Elections regularly every 5 years, to

provide reservation of seats for Scheduled Castes (SC), Scheduled Tribes (ST) and Women in Panchayats, to appoint State Finance Commission for making

recommendations regarding the financial powers of the Panchayats, and to constitute District Planning Committee for chalking out the draft development plan

for the district.

As stated before, Indian Polity has a multi-party system with several National and State Parties, other recognised parties represented in the Lok Sabha, and also

registered unrecognised parties. In Indian Politics, state level regional parties have lots of say. Only those parties which are politically recognised in four or more

states can be accorded the status of national parties by the Election Commission of India. At present there are six national parties in India. They are the Indian

National Congress (INC), led by Sonia Gandhi, the Nationalist Congress Party (NCP), led by Sharad Pawar, the Communist Party of India (CPI), led

by A.B.Burdan, the Communist Party of India (Marxist) or CPI (M), led by Prakash Karat, the Bharatiya Janata Party (BJP), led by Rajnath Singh and the

Bahujan Samaj Party (BSP), led by Mayawati. Parties that have received certain amount of votes or seats in a state can be recognized as a state party by the

Election Commission. Presently we are having a coalition government. The UPA or United Progressive Alliance is the name of this coalition, which is led by the

Indian National Congress

(QUIZ) Indian Polity MCQs: The Union : (Paper -1) View Take

You got 2 of10 possible points.

Your score: 20 %

Question Results

Score 0 of 1

Question:

The President addresses his resignation to the?

Response:

(a) Chief justice of India

(b) Speaker

(c) Vice President

(d) Prime Minister

Score 1 of 1

Question:

Which of the following statements regarding the pardoning power of the president are correct:

(a) He has the pardoning power in case of a court martial.

(b) He can grant reprieve and respite in case of punishment for an offence against any law of land, Union or state.

(c) He alone can pardon a death sentence.

(d) His exercise of the power of pardon is open to judicial review.

Response:

(a) a, c

(b) a, b, c
http://upscportal.com/civilservices/quiz/indian-polity-mcqs/the-union-paper-1http://upscportal.com/civilservices/quiz/indian-polity-mcqs/the-union-paper-1http://upscportal.com/civilservices/node/12342/takehttp://upscportal.com/civilservices/node/12342/takehttp://upscportal.com/civilservices/node/12342/takehttp://upscportal.com/civilservices/quiz/indian-polity-mcqs/the-union-paper-1


4/17

(c) a, d

(d) b, d

Score 0 of 1

Question:

The legislative power of the President includes:

(a) The power to summon or prorogue the houses of the parliament.

(b) The power to summon a joint sitting of the houses to resolve a deadlock.

(c) The power of nominating 12 members to the Lok sabha.

Response:

(a) All of the above

(b) A, b

(c) A, c

(d) B, c

Score 0 of 1

Question:

An ordinance promulgated by the President

Response:

(a) Has infinite life

(b) Is workable only if the Lok Sabha is dissolved

(c) Must be laid before parliament when it reassembles

(d) Is a parallel power of the president even when parliament is in session

Score 0 of 1

Question:

The president enjoys

Response:

(a) Absolute powers

(b) Limited but real powers

(c) Enjoys only nominal powers

(d) Enjoys no powers

Score 1 of 1

Question:

Who elects the Vice President?

Response:

(a) The same electoral college that selects the President

(b) Members of the Rajya Sabha


5/17

(c) An electoral college consisting of members of Parliament

(d) Members of Parliaments and State legislatures

Score 0 of 1

Question:

The Vice president addresses his letter of resignation to:

Response:

(a) Deputy chairman of the Rajya Sabha

(b) Chief justice of India

(c) President

(d) Speaker

Score 0 of 1

Question:

Who has the authority to remove the Vice President from his office before the expiry of his term:

Response:

(a) Rajya Sabha

(b) Lok Sabha

(c) Parliament

(d) Supreme Court

Score 0 of 1

Question:

What is the function of the Vice President as prescribed by the constitution:

Response:

(a) Vice chancellorship of Universities

(b) No function

(c) To assist the President in times of emergency

(d) None of the above

Score 0 of 1

Question:

When the Vice President acts as a President he gets the emoluments of the:

Response:

(a) President

(b) Vice President

(c) Chairman of the Rajya Sabha


6/17

(d) President in addition to what he gets as the President of the Rajya Sabha

Power of Parliament to impose restrictions on trade, commerce and intercourse is stated in Article

a) 302

2. Restrictions on the legislative powers of the Union and of the States with regard to trade and commerce are stated in article

b) 303

3. Appointment of authority for carrying out the purposes of articles 301 to 304 is stated under article

a) 307

Indian Polity

Service Under The Union & The States

CHAPTER I.SERVICES

Interpretation.

308. In this Part, unless the context otherwise requires, the expression State does not include the State of Jammu and Kashmir.

Recruitment and conditions of service of persons serving the Union or a State.

309. Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service

of persons appointed, to public services and posts in connection with the affairs of the Union or of any State:

Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with theaffairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the

affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts

until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have

effect subject to the provisions of any such Act.

Tenure of office of persons serving the Union or a State.

310. (1) Except as expressly provided by this Constitution, every person who is a member of a defence service or of a civil service of the

Union or of an all-India service or holds any post connected with defence or any civil post under the Union holds office during the pleasure of

the President, and every person who is a member of a civil service of a State or holds any civil post under a State holds office during the

pleasure of the Governor of the State.

(2) Notwithstanding that a person holding a civil post under the Union or a State holds office during the pleasure of the President or, as the

case may be, of the Governor of the State, any contract under which a person, not being a member of a defence service or of an all-India

service or of a civil service of the Union or a State, is appointed under this Constitution to hold such a post may, if the President or the

Governor, as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the

payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected withany misconduct on his part, required to vacate that post.

Dismissal, removal or reduction in rank of persons employment in civil capacities under the union or a State.

311. (1) No person who is a member of a civil service of the Union or an all-India service or a civil service of a State or holds a civil post

under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of

the charges against him and given a reasonable opportunity of being heard in respect of those charges:

Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the

evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the

penalty proposed:

Provided further that this clause shall not apply

(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge;

or

(b) where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded

by that authority in writing, it is not reasonably practicable to hold such inquiry; or

(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to

hold such inquiry.

(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to

in clause (2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.

All-India services.

312. (1) Notwithstanding anything in Chapter VI of Part VI or Part XI, if the Council of States has declared by resolution supported by not

less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by

law provide for the creation of one or more all India services (including an all-India judicial service) common to the Union and the States,


7/17

and, subject to the other provisions of this Chapter, regulate the recruitment, and the conditions of service of persons appointed, to any such

service.

(2) The services known at the commencement of this Constitution as the Indian Administrative Service and the Indian Police Service shall be

deemed to be services created by Parliament under this article.

(3) The all-India judicial service referred to in clause (1) shall not include any post inferior to that of a district judge as defined in article 236.

(4) The law providing for the creation of the all- India judicial service aforesaid may contain such provisions for the amendment of Chapter VI

of Part VI as may be necessary for giving effect to the provisions of that law and no such law shall be deemed to be an amendment of this

Constitution for the purposes of article 368.

Power of Parliament to vary or revoke conditions of service of officers of certain services.

312A. (1) Parliament may by law

(a) vary or revoke, whether prospectively or retrospectively, the conditions of services as respects remuneration, leave and pension and the

rights as respects disciplinary matters of persons who, having been appointed by the Secretary of State or Secretary of State in Council to a

civil service of the Crown in India before the commencement of this Constitution, continue on and after the commencement of the

Constitution (Twenty-eighth Amendment) Act, 1972, to serve under the Government of India or of a State in any service or post;

(b) vary or revoke, whether prospectively or retrospectively, the conditions of service as respects pension of persons who, having been

appointed by the Secretary of State or Secretary of State in Council to a civil service of the Crown in India before the commencement of this

Constitution, retired or otherwise ceased to be in service at any time before the commencement of the Constitution (Twenty-eighth

Amendment) Act, 1972:

Provided that in the case of any such person who is holding or has held the office of the Chief Justice or other Judge of the Supreme Court or

a High Court, the Comptroller and Auditor-General of India, the Chairman or other member of the Union or a State Public Service Commission

or the Chief Election Commissioner, nothing in sub-clause (a) or sub-clause (b) shall be construed as empowering Parliament to vary or

revoke, after his appointment to such post, the conditions of his service to his disadvantage except in so far as such conditions of service areapplicable to him by reason of his being a person appointed by the Secretary of State or Secretary of State in Council to a civil service of the

Crown in India.

(2) Except to the extent provided for by Parliament by law under this article, nothing in this article shall affect the power of any Legislature or

other authority under any other provision of this Constitution to regulate the conditions of service of persons referred to in clause (1).

(3) Neither the Supreme Court nor any other court shall have jurisdiction in

(a) any dispute arising out of any provision of, or any endorsement on, any covenant, agreement or other similar instrument which was

entered into or executed by any person referred to in clause (1), or arising out of any letter issued to such person, in relation to his

appointment to any civil service of the Crown in India or his continuance in service under the Government of the Dominion of India or a

Province thereof;

(b) any dispute in respect of any right, liability or obligation under article 314 as originally enacted.

(4) The provisions of this article shall have effect notwithstanding anything in article 314 as originally enacted or in any other provision of this

Constitution.

Transitional provisions.

313. Until other provision is made in this behalf under this Constitution, all the laws in force immediately before the commencement of this

Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution, as an all-

India service or as service or post under the Union or a State shall continue in force so far as consistent with the provisions

of this Constitution.

314. [Provision for protection of existing officers of certain services.] Rep. by the Constitution (Twentyeighth Amendment) Act, 1972, s. 3

(w.e.f. 29-8-1972).

CHAPTER II. PUBLIC SERVICE COMMISSIONS

Public Service Commissions for the Union and for the States.

315. (1) Subject to the provisions of this article, there shall be a Public Service Commission for the Union and a Public Service Commission

for each State.

(2) Two or more States may agree that there shall be one Public Service Commission for that group of States, and if a resolution to that

effect is passed by the House or, where there are two Houses, by each House of the Legislature of each of those States, Parliament may by

law provide for the appointment of a Joint State Public Service Commission (referred to in this Chapter as Joint Commission) to serve the

needs of those States.(3) Any such law as aforesaid may contain such incidental and consequential provisions as may be necessary or desirable for giving effect to

the purposes of the law.

(4) The Public Service Commission for the Union, if requested so to do by the Governor of a State, may, with the approval of the President,

agree to serve all or any of the needs of the State.

(5) References in this Constitution to the Union Public Service Commission or a State Public Service Commission shall, unless the context

otherwise requires, be construed as references to the Commission serving the needs of the Union or, as the case may be, the State as

respects the particular matter in question.

Appointment and term of office of members.


8/17

316. (1) The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a

Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State:

Provided that as nearly as may be one-half of the members of every Public Service Commission shall be persons who at the dates of their

respective appointments have held office for at least ten years either under the Government of India or under the Government of a State, and

in computing the said period of ten years any period before the commencement of this Constitution during which a person has held office

under the Crown in India or under the Government of an Indian State shall be included.

(1A) If the office of the Chairman of the Commission becomes vacant or if any such Chairman is by reason of absence or for any other

reason unable to perform the duties of his office, those duties shall, until some person appointed under clause (1) to the vacant office hasentered on the duties thereof or, as the case may be, until the Chairman has resumed his duties, be performed by such one of the other

members of the Commission as the President, in the case of the Union Commission or a Joint Commission, and the Governor of the State in

the case of a State Commission, may appoint for the purpose.

(2) A member of a Public Service Commission shall hold office for a term of six years from the date on which he enters upon his office or until

he attains, in the case of the Union Commission, the age of sixty- ive years, and in the case of a State Commission or a Joint Commission, the

age of sixty-two years, whichever is earlier:

Provided that

(a) a member of a Public Service Commission may, by writing under his hand addressed, in the case of the Union Commission or a Joint

Commission, to the President, and in the case of a State Commission, to the Governor of the State, resign his office;

(b) a member of a Public Service Commission may be removed from his office in the manner provided in clause (1) or clause (3) of article

317.

(3) A person who holds office as a member of a Public Service Commission shall, on the expiration of his term of office, be ineligible for re-

appointment to that office.

Removal and suspension of a member of a Public Service Commission.

317. (1) Subject to the provisions of clause (3), the Chairman or any other member of a Public Service Commission shall only be removed

from his office by order of the President on the ground of misbehaviour after the Supreme Court, on reference being made to it by the

President, has, on inquiry held in accordance with the procedure prescribed in that behalf under article 145, reported that the Chairman or

such other member, as the case may be, ought on any such ground to be removed.

(2) The President, in the case of the Union Commission or a Joint Commission, and the Governor in the case of a State Commission, may

suspend from office the Chairman or any other member of the Commission in respect of whom a reference has been made to the Supreme

Court under clause (1) until the President has passed orders on receipt of the report of the Supreme Court on such reference.

(3) Notwithstanding anything in clause (1), the President may by order remove from office the Chairman or any other member of a Public

Service Commission if the Chairman or such other member, as the case may be,

(a) is adjudged an insolvent; or

(b) engages during his term of office in any paid employment outside the duties of his office; or

(c) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body.

(4) If the Chairman or any other member of a Public Service Commission is or becomes in any way concerned or interested in any contract or

agreement made by or on behalf of the Government of India or the Government of a State or participates in any way in the profit thereof or

in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporatedcompany, he shall, for the purposes of clause (1), be deemed to be guilty of misbehaviour.

Power to make regulations as to conditions of service of members and staff of the Commission.

318. In the case of the Union Commission or a Joint Commission, the President and, in the case of a State Commission, the Governor of the

State may by regulations

(a) determine the number of members of the Commission and their conditions of service; and

(b) make provision with respect to the number of members of the staff of the Commission and their conditions of service:

Provided that the conditions of service of a member of a Public Service Commission shall not be varied to his disadvantage after his

appointment.

Prohibition as to the holding of offices by members of Commission on ceasing to be such members.

319. On ceasing to hold office

(a) the Chairman of the Union Public Service Commission shall be ineligible for further employment either under the Government of India or

under the Government of a State;

(b) the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other member of the Union

Public Service Commission or as the Chairman of any other State Public Service Commission, but not for any other employment either under

the Government of India or under the Government of a State;

(c) a member other than the Chairman of the Union Public Service Commission shall be eligible for appointment as the Chairman of the Union

Public Service Commission, or as the Chairman of a State Public Service Commission, but not for any other employment either under the

Government of India or under the Government of a State;

(d) a member other than the Chairman of a State Public Service Commission shall be eligible for appointment as the Chairman or any other

member of the Union Public Service Commission or as the Chairman of that or any other State Public Service Commission, but not for any

other employment either under the Government of India or under the Government of a State.

Functions of Public Service Commissions.


9/17

320. (1) It shall be the duty of the Union and the State Public Service Commissions to conduct examinations for appointments to the services

of the Union and the services of the State respectively.

(2) It shall also be the duty of the Union Public Service Commission, if requested by any two or more States so to do, to assist those States

in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required.

(3) The Union Public Service Commission or the State Public Service Commission, as the case may be, shall be consulted

(a) on all matters relating to methods of recruitment to civil services and for civil posts;

(b) on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one

service to another and on the suitability of candidates for such appointments, promotions or transfers;(c) on all disciplinary matters affecting a person serving under the Government of India or the Government of a State in a civil capacity,

including memorials or petitions relating to such matters;

(d) on any claim by or in respect of a person who is serving or has served under the Government of India or the Government of a State or

under the Crown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by him in defending legal

proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the

Consolidated Fund of India, or, as the case may be, out of the Consolidated Fund of the State;

(e) on any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India or the

Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, and any question as to the

amount of any such award, and it shall be the duty of a Public Service Commission to advise on any matter so referred to them and on any

other matter which the President, or, as the case may be, the Governor of the State, may refer to them:

Provided that the President as respects the all-India services and also as respects other services and posts in connection with the affairs of

the Union, and the Governor, as respects other services and posts inconnection with the affairs of a State, may make regulations specifying

the matters in which either generally, or in any particular class of case or in any particular circumstances, it shall not be necessary for a Public

Service Commission to be consulted.

(4) Nothing in clause (3) shall require a Public Service Commission to be consulted as respects the manner in which any provision referred toin clause (4) of article 16 may be made or as respects the manner in which effect may be given to the provisions of article 335.

(5) All regulations made under the proviso to clause (3) by the President or the Governor of a State shall be laid for not less than fourteen

days before each House of Parliament or the House or each House of the Legislature of the State, as the case may be, as soon as possible

after they are made, and shall be subject to such modifications, whether by way of repeal or amendment, as both Houses of Parliament or the

House or both Houses of the Legislature of the State may make during the session in which they are so laid.

Power to extend functions of Public Service Commissions.

321. An Act made by Parliament or, as the case may be, the Legislature of a State may provide for the exercise of additional functions by the

Union Public Service Commission or the State Public Service Commission as respects the services of the Union or the State and also as

respects the services of any local authority or other body corporate constituted by law or of any public institution.

Expenses of Public Service Commissions.

322. The expenses of the Union or a State Public Service Commission, including any salaries, allowances and pensions payable to or in

respect of the members or staff of the Commission, shall be

charged on the Consolidated Fund of India or, as the case may be, the Consolidated Fund of the State.

Reports of Public Service Commissions.

323. (1) It shall be the duty of the Union Commission to present annually to the President a report as to the work done by the Commission

and on receipt of such report the President shall cause a copy thereof together with a memorandum explaining, as respects the cases, if any,

where the advice of the Commission was not accepted, the reasons for such non-acceptance to be laid before each House of Parliament.

(2) It shall be the duty of a State Commission to present annually to the Governor of the State a report as to the work done by the

Commission, and it shall be the duty of a Joint Commission to present annually to the Governor of each of the States the needs of which are

served by the Joint Commission a report as to the work done by the Commission in relation to that State, and in either case the Governor,

shall, on receipt of such report, cause a copy thereof together with a memorandum explaining, as respects the cases, if any, where the advice

of the Commission was not accepted, the reasons for such nonacceptance to be laid before the Legislature of the State.

Indian Polity

Service Under The Union & The States (MCQ -15)

1. Recruitment and conditions of service of persons serving the Union or a State are stated under articlea) 309

2. Dismissal, removal or reduction in rank of persons employment in civil capacities under the union or a State belongs to

article

a) 311

3. A member of the union commission can serve till the age of

a) 65 years

4. Which of the following are correct The Chairman and other members of a Public Service Commission shall be appointed by

the

a) Prime Minister

b) Speaker of the Lok Sabha


10/17

c) President incase of Union service

d) Governor in case of State service

c) Both c and d

5. A member of a Public Service Commission shall hold office for a term

a) of six years

Indian PolityTribunals

Administrative tribunals.

23A. (1) Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to

recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any

State or of any local or other authority within the territory of India or under the control of the Government of India or of any corporation

owned or controlled by the Government.

(2) A law made under clause (1) may

(a) provide for the establishment of an administrative tribunal for the Union and a separate administrative tribunal for each State or for two

or more States;

(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said

tribunals;

(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;

(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to the disputes or

complaints referred to in clause (1);

(e) provide for the transfer to each such administrative tribunal of any cases pending before any court or other authority immediately before

the establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or

proceedings are based had arisen after such establishment;

(f) repeal or amend any order made by the President under clause (3) of article 371D;

(g) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as Parliament may deem necessary

for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.

(3) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for

the time being in force.

Tribunals for other matters.

323B. (1) The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences

with respect to all or any of the matters specified in clause (2) with respect to which such Legislature has power to make laws.

(2) The matters referred to in clause (1) are the following, namely:

(a) levy, assessment, collection and enforcement of any tax;(b) foreign exchange, import and export across customs frontiers;

(c) industrial and labour disputes;

(d) land reforms by way of acquisition by the State of any estate as defined in article 31A or of any rights therein or the extinguishment or

modification of any such rights or by way of ceiling on agricultural land or in any other way;

(e) ceiling on urban property;

(f) elections to either House of Parliament or the House or either House of the Legislature of a State, but excluding the matters referred to in

article 329 and article 329A;

(g) production, procurement, supply and distribution of food-stuffs (including edible oilseeds and oils) and such other goods as the President

may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods;

(h) rent, its regulation and control and tenancy issues including the right, title and interest of landlords and tenants;

(i) offences against laws with respect to any of the matters specified in sub-clauses (a) to (h) and fees in respect of any of those matters;

(j) any matter incidental to any of the matters specified in sub-clauses (a) to (i).

(3) A law made under clause (1) may

(a) provide for the establishment of a hierarchy of tribunals;

(b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the saidtribunals;

(c) provide for the procedure (including provisions as to limitation and rules of evidence) to be followed by the said tribunals;

(d) exclude the jurisdiction of all courts, except the jurisdiction of the Supreme Court under article 136, with respect to all or any of the

matters falling within the jurisdiction of the said tribunals;

(e) provide for the transfer to each such tribunal of any cases pending before any court or any other authority immediately before the

establishment of such tribunal as would have been within the jurisdiction of such tribunal if the causes of action on which such suits or

proceedings are based had arisen after such establishment;

(f) contain such supplemental, incidental and consequential provisions (including provisions as to fees) as the appropriate Legislature may

deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals.


11/17

(4) The provisions of this article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for

the time being in force.

Explanation.In this article, appropriate Legislature, in relation to any matter, means Parliament or, as the case may be, a State

Legislature competent to make laws with respect to such matter in accordance with the provisions of Part XI.

Indian Polity

Tribunals (MCQ -16)

1. Parliament may, by law, provide for the adjudication or trial by administrative tribunals of disputes and complaints withrespect to recruitment and conditions of service of persons appointed to public services under

a) Article 323A

2. Which of the following are correct regarding article 323B

a) levy, assessment, collection and enforcement of any tax;

b) foreign exchange, import and export across customs frontiers;

c) industrial and labour disputes

c) all of the above

3. Which of the following regarding Appropriate Legislature is corrcet

a) in relation to any matter Parliament or a State Legislature is competent to make laws.

b) Such matters are in accordance with the provisions of Part XI

c) Both

4. Which article provides for the establishment of an administrative tribunal for the Union and a separate administrative

tribunal for each State or for two or more States;

a) ART 323 A5. Which of the following about Central Administrative Tribunal is correct

1) It is a statutory body

2) Its members are from administrative background only

3) It was set up in 1985

b) 1,3

Question Results

Score 0 of 1

Question:

Which of the following statement is correct with respect to

constitution?1) It is the philosophy of the nation's constitution.

2) Outlines the vision of the state.

3) Ensures certain right to its citizens and define their duties.

Select the correct code given below.

Response:

a) 1, 2 only

b) 2, 3 only

c) 1, 2, 3 only

d) 1, 3 only

Score 0 of 1

Question:

Which of the following does not belongs to the state?a) Territory

b) Legal authority

c) Government

d) Sovereignty

Response:

a


12/17

b

c

d

Score 0 of 1

Question:

Which of the following statement is correct with respect to

constitution?1) A document having special legal sanctity.

2) Sets out the framework and principal functions of the government.


Response:

a) 1 only

b) 2 only

c) 1 & 2 only

d) neither 1 nor 2.

Score 0 of 1

Question:

Match the following

Committee Chairman

1 Drafting committee A Sardar Patel

2 Committee on negotiating with states B B.R. Ambedkar

3 Union Constitution committee C Dr. Rajendra Prasad

4 Provincial constitution D Jawahar Lal Nehru

Select the correct code given below

Response:

a) 1 - B 2 - C 3 - D 4 - A

b) 1 - A 2 - B 3 - C 4 - D

c) 1 - C 2 - D 3 - A 4 - A

d) 1 - A 2 - C 3 - D 4 - B.Score 1 of 1

Question:

Which of the following statements is correct about

government?1) One among the four elements of state

2) Government can be changed

3) Opposition to the government is illegal.



13/17

Response:

a) 1, 2 only

b) 2, 3 only

c) 1, 2, 3 only

d) 1, 3 only.

Score 1 of 1

Question:

Which of the following statements is correct?1) A constitution is an extension of the philosophical and organizational frameworks into the future.

2) The constitution is static.


Response:

a) 1 only

b) 2 only

c) 1 & 2 only

d) neither 1 nor 2

Score 0 of 1

Question:

Which of the following statements is incorrect?a) The constituent Assembly was set up as per the cabinet mission plan 1946.

b) The objective revolution was moved by Jawaharlal Nehru.

c) The drafting committee was headed by B.R. Ambedkar.

d) The meeting of constituent Assembly was supported by Muslim league.

Response:

a

b

c

d

Score 1 of 1

Question:

Which of the following statements is correct?1) B.N. Rao was the legal adviser to the constituent Assembly.

2) Mount batten plan announced the partition of the country.

3) The constituent Assembly demand was accepted in the August offer 1940.


Response:

a) 1, 2 only

b) 2, 3 only

c) 1, 2, 3 only


14/17

d) 1, 3 only

Score 0 of 1

Question:

Match the following

Schedule Subject

1 Third A Land reforms

2 Fifth B Oaths or Affirmation

3 Ninth C Provisions related to scheduled areas and scheduled

tribes

4 Eleventh D Panchayats

Select the correct code given below

Response:

a) 1 - B 2 - C 3 - A 4 - D

b) 1 - A 2 - B 3 - C 4 - D

c) 1 - C 2 - D 3 - B 4 - A

d) 1 - A 2 - C 3 - D 4 - B

Score 0 of 1

Question:

Which of the following statements is correct?1) Original constitution had 22 parts, 395 articles and 8 schedules.

2) Dr. Rajendra Prasad was elected as the first President of the constituent Assembly.

3) The seats were allocated to different communities in proportion to their population.


Response:

a) 1, 2 only

b) 1, 2, 3 only

c) 1, 3 only

d) 2, 3 only

Question:

Which of the following statement is correct about the office of

Governor?1) Shall hold office during the pleasure of Prime Minister.

2) He can hold office for a term of the Five years from the date on which he enters upon his office.


Response:

a) 1 only


15/17

b) 2 only

c) 1 and 2 only

d) neither 1 nor 2

Score 0 of 1

Question:

What are the qualifications to become Governor?1) There is no age bar to become Governor

2) He can not be either member of the house of parliament.

3) He can not hold any office of profit.


Response:

a) 1, 2 only

b) 2, 3 only

c) 1, 2, 3 only

d) 1, 3 only

Score 0 of 1

Question:

Consider the following statements regarding discretionary

powers of Governors and choose the incorrect one?a) Under Art 200 Governor can reserve a bill passed by the state assembly for the consideration of President.

b) A Governor cannot exist without the aid and advise of the council of Ministers.

c) Under Art 356, Governor can invite President to take over the administration of a state, if he feels that.

d) Governor has to send a fortnightly report to the President regarding the functioning of the state Government.

Response:

(a)

(b)

(c)

(d)

Score 0 of 1

Question:

Match the following - The composition of legislative council of

state.Number of Seats Taken From

1. One- Third A. Persons having teaching experience2. One-Twelfth B. Legislative Assembly

3. One-Sixth C. Nominated by Governor


Response:

a) 1 - B 2 - B 3 - C

b) 1 - B 2 -A 3 - C


16/17

c) 1 - C 2 - A 3 - B

d) 1 - A 2 - C 3 - B

Score 0 of 1

Question:

Which of the following statement is correct about advocategeneral for the state?1) The President will appoint this position

2) Duty is to advice to the Government of the state.

3) The remuneration will be determined by the state legislative.


Response:

a) 1, 2 only

b) 2 only

c) 2, 3 only

d) 1, 2, 3 only

Score 0 of 1

Question:

Which of the following states have both legislative Assembly

and council found?Response:

a) Punjab

b) Rajasthan

c) Karnataka

d) Kerala

Score 0 of 1

Question:

Which of the following conditions are necessary to abolish or

creation of legislative council in states?1) Parliament should pass the motion with simple majority.

2) There is no need for the amendment of constitution.


Response:

a) 1 only

b) 2 only

c) 1 and 2 only

d) neither 1 nor 2

Score 1 of 1


17/17

Question:

Which of the following are the qualifications to become a

member of state legislative?1) He should be more than thirty years of age.

2) He must be a citizen of India.

3) Person must be authorised by Election commission.


Response:

a) 1, 2 only

b) 2, 3 only

c) 1, 3 only

d) 1, 2, 3 only

Score 0 of 1

Question:

Which of the following are the special provisions of Jammu and

Kashmir?1) Dual Citizenship

2) Article 3 cannot be applicable to J&K

3) President should consult the state while appointing Governor.


Response:

a) 1, 2 only

b) 1, 3 only

c) 1, 2, 3 only

d) 2, 3 only

Score 1 of 1

Question:

Which of the following statement is correct?1) Union territory are directly under centre.

2) States enjoy autonomy and directly under centre.


Response:

a) 1 only

b) 2 onlyc) 1 and 2 only

d) neither 1 nor 2

indian political syste1

Documents