India: Institutions of Governance

1. India: Institutions of Governance Constitutional framework

2. Constitution of India • Framing the Constitution • Constituent Assembly 1947-1950 • Elected by provincial assemblies in 1946 • Served as provisional parliament • Drafting committee Chaired by Dr. Ambedkar • Challenges • Violence and dislocation of partition • War with Pakistan • Integration of Princely States • Goals of the framers • Strong center and Indian Unity • Parliamentary Democracy and institutionalization • Recognition and accommodation of Indian diversity

3. Constitution of India • Framing the Constitution • Key features of the Indian constitution • Longest in the world, 395 articles, 9 schedules and, 97 amendments • Continued the constitutional development of the Government of India Act of 1935 • Republic • Parliamentary democracy • Quasi-federal state • Secular

4. Constitution of India – Key Elements • The Preamble WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a [SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation]; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

5. Constitution of India – Key Elements FUNDAMENTAL RIGHTS General Article 13. Laws inconsistent with or in derogation of the fundamental rights Article 14. Equality before lawThe State shall not deny to any person equality before the law or the equal protection of the laws Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth Article 16. Equality of opportunity in matters of public employment.-  Article 17. Abolition of Untouchability Article 19. Protection of certain rights regarding freedom of speech (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India (g) to practice any profession, or to carry on any occupation, trade or business.

6. Article 23. Prohibition of traffic in human beings and forced labor Article 24. Prohibition of employment of children in factories, etc. Article 25. Freedom of conscience and free profession, practice and propagation of religion Article 26. Freedom to manage religious affairs Article 27. Freedom as to payment of taxes for promotion of any particular religion Article 28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions Article 29. Protection of interests of minorities Article 30. Right of minorities to establish and administer educational institutions

7. Parliamentary-Cabinet Government • Head of State and Head of Government (chief executive) • Why the separation? • Evolution of power away from monarchs and traditional elites • The concept of a Republic • The dignity of the state • Non-partisan head of state in crises

8. Parliamentary-Cabinet Government • Parliamentary-cabinet system • Head of state and head of government separate offices with head of state non-partisan • Executive drawn from the members of the legislature • Process of appointment of chief executive • Chief executive (HOG) holds office only as long as enjoys confidence of legislature • Early elections and removal of executive

9. Parliamentary-Cabinet Government Voters elect elected indirectly Head of State Legislature elects nominates Prime Minister G o v e r n m e n t chooses Cabinet Administers Ministries Or Departments

10. Parliamentary-Cabinet Government • Types of Parliamentary-Cabinet Systems • With legislative supremacy • With Cabinet supremacy • Indian System of Cabinet Supremacy • Cabinet as policy making body • The party system and legislative control

11. The President • Head of State vs. Head of Government • Election of the president • Balance of state and union legislatures • Preferential voting system • Powers and role of the president • Powers of the president • Constitutional authority in appointments and actions of the government • Acts on the advice of the Prime Minister • Discretionary power • Appointment of the Prime Minister • Dissolution of parliament • Promulgation of Ordinances • Emergency powers • Role of the President • The Vice Presidency

12. Parliament • Bicameral legislature consisting of • The Council of States (Rajya Sabha) (Upper House) • The House of the People (Lok Sabha) (Lower House) • Lok Sabha • 545 members • 543 directly elected by territorial constituencies • 530 from the 28 states • 20 from the 7 Union Territories • President nominates 2 Anglo-Indians if none elected • Reservations for certain groups • Term of office • Normal • Shortened • Extended

13. Parliament • Rajya Sabha • 250 members • 238 elected by state assemblies (allocation based on population) • 12 nominated by the president for their special knowledge or practical experience in literature, science, arts and social service • Term • Role

14. Parliament • The legislative process • Stages of a bill • Role of executive • Finance bills • Amendment of the constitution

15. The Prime Minister and Council of Ministers • Constitutes the executive Branch of government • Appointment of the Prime Minister and Council of Ministers • Removal of the PM and Council of Ministers • The Prime Minister as the lynchpin of government • Powers of the Prime Minister • Influence of personality on powers of the Prime Minister • The Cabinet and its committees

16. The Public Services • Categories of the Civil Service • State • Central (53) • All India (3) • Indian Administrative Service (IAS) • Status • Cadres • Deputation to central government • UPSC • Recruitment • Qualifications • Competition • Demographics

17. The Supreme Court and Judicial System • Single integrated judicial system • Rationale • Supreme Court at top of system • State High Courts • District Courts • The Supreme Court • Original and exclusive jurisdiction • Appellate jurisdiction • Interpreter and guardian of the constitution • Constitutionality of central and state legislation and judicial review • Constitutional amendments and ‘basic framework’ test • More than 100 central and state laws invalidated

18. The Supreme Court and Judicial System • Structure of the Supreme court • Chief Justice and 25 Associate Justices • Benches of the Court • Appointment of justices • History of the court and judicial activism • Accepts 100,000 cases a year • State High Courts • Local Courts • Burden on the judiciary

19. State Government • The Governor • Appointment • Powers • The Chief Minister and Council of Ministers • The Legislative Assembly • The Legislative Council • Government of Union Territories

20. Center-State Relations • India as a quasi-federation • Unitary Features • Single constitution • Division of powers • Seventh Schedule • Lists • Union List 97 • State List 66 • Concurrent List 47 • Residuary powers • State creation, abolition and boundaries

21. Center-State Relations • Emergency Powers (Articles 356, 352 and 360) • Union Powers under Articles 256, 257, 365 and 249 • Revenue powers of the Central government (Article 275 and 282) • Council of States (Rajya Sabha) • System of Seat Allocation in Upper House of Parliament

22. Allocation of Seats in the Council of State

23. Center-State Relations • Federal Features • Significant constitutional powers to States • Critical administrative role • Political devolution of power • Creation of unilingual states • The Politics of State Reorganization • linguistic vs. administrative debate • Andhra Pradesh and Madras (Tamil Nadu) • Gujarat and Maharashtra • Punjab and Haryana