50 Important Concepts of Polity

Part 3
What is the central idea for
polity?
Today’s session
STATIC

Concepts in SYSTEM OF GOVERNMENT,

PARLIAMENT AND
news JUDICIARY.

LINKAGES
RELATED CONCEPTS IN NEWS
PARLIAMENTARY
SYSTEM OF
GOVERNMENT
Parliamentary System Of Government
• Constitution provides for a parliamentary form of government, both at
Centre and in states. Articles 74 and 75 deal with the parliamentary
system at Centre and Articles 163 and 164 in states.
• The parliamentary government is also known as Cabinet government
or Responsible government or Westminster model of government and
is prevalent in Britain, Japan, Canada, India among others.
• Under Parliamentary system of government, executive is responsible
to the legislature for its policies and acts. (In particular to the Lok
Sabha - Article 75).
• The Presidential system of government, on the other hand, is one in
which the executive is not responsible to the legislature for its policies
and acts, and is constitutionally independent of the legislature in
respect of its term of office.
Parliamentary System Of Government

Nominal and Real Executives

Majority Party Rule

Collective Responsibility
Features
Political Homogeneity

Double Membership

Leadership of the Prime Minister

Dissolution of the Lower House

Parliamentary System Of Government
MERITS

Harmony between Unstable government.

legislature and executive. No continuity of policies.
Responsible government. Dictatorship of the
Prevents despotism. Cabinet
Wide representation Against separation of
powers
Government by amateurs

DEMERITS
FEDERAL SYSTEM
Federal Government
• By definition, a unitary government is one in which all the
powers are vested in the national government and the regional
governments, if at all exist, derive their authority from the
national government.
• A federal government, on the other hand, is one in which
powers are divided between the national government and the
regional governments by the Constitution itself and both
operate in their respective jurisdictions independently.
Parliamentary System Of Government

Dual Government (that is, national government and regional government)

Written Constitution

FEDERAL Division of powers between the national and regional government

Government
Features Supremacy of the Constitution

Rigid Constitution

Independent judiciary

Bicameral legislature
EMERGENCY
PROVISIONS
Emergency Provisions
Why in News -
• In the aftermath of the coronavirus (COVID-19) epidemic,
petition asks Supreme Court to declare a national financial
emergency under Article 360 of the Constitution.
• Supreme Court has agreed to hear a plea seeking directions to
the Centre to impose President’s Rule in West Bengal over
alleged incidents of post-poll violence in the state.
• Supreme Court has dismissed a PIL that sought imposition of
President’s rule in Uttar Pradesh for alleged breakdown of
constitutional machinery and rising crime in the state.
• President’s Rule was imposed in the Union Territory of
Puducherry.
Emergency Provisions
• Emergency provisions are contained in Part XVIII of the
Constitution, from Articles 352 to 360.
• Emergency converts the federal structure into a unitary one
without a formal amendment of the Constitution.
• Constitution stipulates three types of emergencies:
• An emergency due to war, external aggression or armed
rebellion (Article 352) – National Emergency.
• An Emergency due to the failure of the constitutional
machinery in the states (Article 356). - President’s Rule’,
‘State Emergency’ or ‘constitutional Emergency’.
• Financial Emergency due to a threat to the financial stability
or credit of India (Article 360).
National Emergency
• When a national emergency is declared on the ground of ‘war’
or ‘external aggression’, it is known as ‘External Emergency’
and when it is declared on the ground of ‘armed rebellion’, it is
known as ‘Internal Emergency’.
• It may be applicable to the entire country or only a part of it.(42nd
AA, 1976).
• 44th AA of 1978 substituted the words ‘armed rebellion’ for
‘internal disturbance’. Thus, it is no longer possible to declare a
National Emergency on the ground of ‘internal disturbance’.
• The President can proclaim a national emergency only after
receiving a written recommendation from the cabinet. (44th AA,
1978).
• 44th AA, 1978 provided for JR.
National Emergency
• Proclamation of Emergency must be approved by both the Houses of
Parliament within one month from the date of its issue (reduced from
2 months by 44th AA, 1978) or until 30 days from the first sitting of the
Lok Sabha after its reconstitution.
• Emergency continues for six months and can be extended to an
indefinite period with an approval of the Parliament for every six
months.
• Every resolution approving the proclamation of emergency, or its
continuance must be passed by either House of Parliament by a
special majority (44th AA, 1978).
• A proclamation of emergency may be revoked by the President at any
time by a subsequent proclamation. Such a proclamation does not
require the parliamentary approval.
• President must revoke a proclamation if the Lok Sabha passes a
resolution by simple majority disapproving its continuation.
National Emergency
Effect of emergency
• Centre becomes entitled to give executive directions to a state on
‘any’ matter. Thus, the state governments are brought under the
complete control of the Centre, though they are not suspended.
• Parliament becomes empowered to make laws on any subject
mentioned in the State List. Although the legislative power of a
state legislature is not suspended, it becomes subject to the
overriding power of the Parliament.
• Life of the Lok Sabha may be extended beyond its normal term
(five years) by a law of Parliament for one year at a time.
However, this extension cannot continue beyond a period of six
months after the emergency has ceased to operate.
National Emergency
On FRs
• According to Article 358, when a proclamation of national emergency
is made, the six Fundamental Rights under Article 19 are automatically
suspended. However, FRs under Article 19 can be suspended only
when National Emergency is declared on the ground of war or external
aggression and not on the ground of armed rebellion.
• Article 359 authorizes the president to suspend the right to move any
court for the enforcement of Fundamental Rights during a National
Emergency. This means that under Article 359, FRs as such are not
suspended, but only their enforcement is.
• However, President cannot suspend the right to move the Court for the
enforcement of fundamental rights guaranteed by Articles 20 to 21.
State Emergency
• Article 356 empowers the President to issue a proclamation, if he is
satisfied that a situation has arisen in which the government of a state
cannot be carried on in accordance with the provisions of the
Constitution.
• Article 365 says that whenever a state fails to comply with or to give
effect to any direction from the Centre, it will be lawful for the
president to hold that a situation has arisen in which the government of
the state cannot be carried on in accordance with the provisions of the
Constitution.
• A proclamation imposing President’s Rule must be approved by both
the Houses of Parliament within two months from the date of its issue.
State Emergency
• If approved by both the Houses of Parliament, the President’s
Rule continues for six months. It can be extended for a maximum
period of three years with the approval of the Parliament, every
six months.
• 44th Amendment Act of 1978 provided that, beyond one year,
the President’s Rule can be extended by six months at a time
only when the following two conditions are fulfilled:
o proclamation of National Emergency should be in
operation in the whole of India, or in the whole or any
part of the state; and
o Election Commission must certify that the general
elections to the legislative assembly of the concerned
state cannot be held on account of difficulties.
State Emergency
Effect of emergency
• President dismisses the state council of ministers headed by the chief
minister. The state governor, on behalf of the President, carries on the
state administration with the help of the chief secretary of the state or
the advisors appointed by the President.
• President either suspends or dissolves the state legislative assembly.
• Parliament passes the state legislative bills and the state budget.
• A law made by the Parliament or the President or any other specified
authority continues to be operative even after the President’s Rule.
• President cannot assume powers vested in the concerned state high
court.
State Emergency
• 44th AA act provided for JR in case of state emergency.
• Supreme Court in Bommai case (1994) enlisted the situations
where the exercise of power under Article 356 could be proper or
improper.
o Accordingly, it is improper to exercise power of state emergency
in case of –
o Internal disturbances not amounting to internal subversion or
physical breakdown and
o Maladministration in the state or allegations of corruption
against the ministry.
Financial emergency
Financial emergency (Article 360)
• Empowers president to proclaim a Financial Emergency if situation
arises due to which the financial stability or credit of India or any part
of its territory is threatened.
• proclamation declaring financial emergency must be approved by both
the Houses of Parliament within two months from the date of its issue.
• Once approved by both the Houses of Parliament, the Financial
Emergency continues indefinitely till it is revoked.
• A resolution approving the proclamation of financial emergency can be
passed by either House of Parliament only by a simple majority.
PARLIAMENT
Parliamentary sessions
• President from time to time summons each House of Parliament
to meet. But, maximum gap between two sessions of Parliament
cannot be more than six months (Article 85). In other words,
Parliament should meet at least twice a year. There are usually
three sessions in a year, viz,
• The Budget Session (February to May); the Monsoon Session (July to
September) and the Winter Session (November to December).
Parliamentary sessions
Adjournment - suspends the Adjournment sine die-
work in a sitting for a specified terminates a sitting of Parliament
time, which may be hours, days for an indefinite period. This is
or weeks. done by the Presiding Officer.

Terms related to
parliamentary
sessions.

Prorogation – It not only Dissolution – Specific to Lok Sabha,

terminates a sitting but also a dissolution ends the very life of the
session of the House. It is done existing House, and a new House is
constituted after general elections are
by the President of India. It does held. On dissolution, all business
not affect the bills or any other including bills, motions, resolutions,
business pending before the notices, petitions and so on pending
House. before it or its committees lapse.
Parliamentary Committees
100th Anniversary Of Public Accounts Committee
• This committee was set up first in 1921 under the provisions of
the Government of India Act of 1919.
• At present, it consists of 22 members (15 from the Lok Sabha and
7 from the Rajya Sabha).
• Members are elected by the Parliament every year from amongst
its members according to the principle of proportional
representation by means of the single transferable vote.
• The term of office of the members is one year.
• A minister cannot be elected as a member of the committee.
Parliamentary Committees
• The chairman of the committee is appointed from amongst its
members by the Speaker. However, since 1967 a convention has
developed whereby the chairman of the committee is selected
invariably from the Opposition.
• The function of the committee is to examine the annual audit
reports of the Comptroller and Auditor General of India (CAG),
which are laid before the Parliament by the President.
Parliamentary Committees
Estimates Committee
• The first Estimates Committee in the post-independence
era was constituted in 1950 on the recommendation of John
Mathai, the then finance minister.
• It has 30 members and all are from Lok Sabha only.
• The function of the committee is to examine the estimates
included in the budget and suggest ‘economies’ in public
expenditure. Hence, it has been described as a ‘continuous
economy committee’.
Parliamentary Committees
• These members are elected by the Lok Sabha every year
from amongst its own members, according to the principles
of proportional representation by means of a single
transferable vote.
• The term of office is one year. A minister cannot be elected
as a member of the committee.
• The chairman of the committee is appointed by the Speaker from
amongst its members and he is invariably from the ruling party.
Parliamentary Committees
Committee on Public Undertakings
• This committee was created in 1964 on the recommendation of
the Krishna Menon Committee.
• Consists of 22 members (15 from the Lok Sabha and 7 from the
Rajya Sabha).
• The chairman of the committee is appointed by the Speaker from
amongst its members who are drawn from the Lok Sabha only.
• Functions: To examine the reports and accounts of public
undertakings and the CAG reports on them.
Parliamentary Committees
Departmental Standing Committees
• Set up on the recommendation of the rules committee. At
present, there are 24 DRSCs.
• The main objective of the standing committees is to secure more
accountability of the Executive (i.e., the Council of Ministers) to
the Parliament, particularly financial accountability.
• Each standing committee consists of 31 members (21 from Lok
Sabha and 10 from Rajya Sabha).
• A minister is not eligible to be nominated as a member.
• Term is one year.
Legislative Council
• Cabinet approved the proposal for creation of a Legislative
Council in West Bengal.
• The Constitution provides for the abolition or creation of
legislative councils in states. Accordingly, the Parliament can
abolish a legislative council (where it already exists) or create it
(where it does not exist), if the legislative assembly of the
concerned state passes a resolution to that effect.
• Such a specific resolution must be passed by the state assembly
by a special majority, that is, a majority of the total membership
of the assembly and a majority of not less than two-thirds of the
members of the assembly present and voting.
Legislative Council
• However, this Act of Parliament is not to be deemed as an
amendment of the Constitution for the purposes of Article 368
and is passed like an ordinary piece of legislation (i.e., by simple
majority).
• The members of the legislative council are indirectly elected. The
maximum strength of the council is fixed at one-third of the total
strength of the assembly and the minimum strength is fixed at
40.
• Though the Constitution has fixed the maximum and the
minimum limits, the actual strength of a Council is fixed by
Parliament.
Legislative Council
• Manner of Election - Of the total number of members of a
legislative council:
• 1/3 are elected by the members of local bodies in the state
like municipalities, district boards, etc.,
• 1/3 are elected by the members of the legislative assembly of
the state from amongst persons who are not members of the
assembly, and
• 1/12 are elected by graduates of three years standing and
residing within the state,
• 1/12 are elected by teachers of three years standing in the
state, not lower in standard than secondary school,
Legislative Council
• the remainder(1/6) are nominated by the governor from
amongst persons who have a special knowledge or practical
experience of literature, science, art, cooperative movement
and social service.
• The legislative council is a continuing chamber, one-third of its
members retire on the expiration of every second year. So, a
member continues as such for six years.
• Chairman of Council is elected by the council itself from
amongst its members.
Devices of Parliamentary proceedings
Question Hour
• The first hour of every parliamentary sitting is slotted for this.
The questions are of three kinds, namely, starred, unstarred and
short notice.
• A starred question (distinguished by an asterisk) requires an
oral answer and hence supplementary questions can follow.
• An unstarred question, on the other hand, requires a written
answer and hence, supplementary questions cannot follow.
• A short notice question is one that is asked by giving a notice of
less than ten days. It is answered orally.
Devices of Parliamentary proceedings
Zero Hour
• Unlike the question hour, the zero hour is not mentioned in the
Rules of Procedure. Thus, it is an informal device available to the
members of the Parliament to raise matters without any prior
notice.
• The zero hour starts immediately after the question hour and
lasts until the agenda for the day (ie, regular business of the
House) is taken up.
Devices of Parliamentary proceedings
Adjournment Motion
• It is introduced in the Parliament to draw attention of the House
to a definite matter of urgent public importance and needs the
support of 50 members to be admitted.
• It involves an element of censure against the government and
hence Rajya Sabha is not permitted to make use of this device.
The discussion on an adjournment motion should last for not
less than two hours and thirty minutes.
Devices of Parliamentary proceedings
JUDICIARY
Tribunals Reforms (Rationalization
and Conditions of Service) Act, 2021
KEY PROVISIONS
• Dissolution of Existing Bodies: The Bill seeks to dissolve certain
appellate bodies and transfer their functions to other existing judicial
bodies. For example, the disputes heard by the Film Certification
Appellate Tribunal will be addressed by the High Court.
• Eligibility and Term of Office: The Bill provides for a four-year term of
office (subject to the upper age limit of 70 years for the Chairperson,
and 67 years for members).
• Search-cum-selection Committees: The Chairperson and Members of
the Tribunals will be appointed by the central government on the
recommendation of a Search-cum-Selection Committee.
Tribunals Reforms (Rationalization
and Conditions of Service) Act, 2021
Members of the Search cum selection committee include –
• the Chief Justice of India, or a Supreme Court Judge nominated
by him, as the Chairperson (with a second casting vote in case of
a tie).
• two Secretaries nominated by the central government,
• the sitting or outgoing Chairperson, or a retired Supreme Court
Judge, or a retired Chief Justice of a High Court, and
• the Secretary of the Ministry under which the Tribunal is
constituted (with no voting right).
Tribunals Reforms (Rationalization
and Conditions of Service) Act, 2021
• Constitutional Provisions regarding Tribunals
• Tribunals were not part of the original constitution, it was
incorporated in the Indian Constitution by 42nd Amendment Act,
1976.
• Article 323-A: It deals with Administrative Tribunals.
• Article 323-B: It deals with tribunals for other matters.
• Article 262 – Tribunals related to conflicts surrounding inter-state
rivers.
Mediation Bill, 2021
• Bill seeks to promote and facilitate mediation, especially
institutional mediation, for resolution of disputes,
commercial and otherwise and to enforce mediated
settlement agreements.
• It promises an effective dispute resolution process which
can improve ‘ease of doing business’ in the country.
Mediation Bill, 2021
Key features of the Bill
• Establishment of Mediation Council of India to develop India as
a robust centre for domestic and international mediation.
• Mandatory pre-litigation mediation and settlement before filing
any suit or proceeding in any Court or Tribunal.
• Due recognition to online mediation conducted at any stage of
the mediation process.
• Provides for community mediation to any dispute likely to affect
peace, harmony and tranquility amongst the residents or
families of any area or locality.
Mediation Bill, 2021
• A period of 180 days for completing the mediation process
(further extendable to a maximum period of 180 days).
• Mediation Fund for promotion, facilitation and encouragement
of mediation.
• Presently, there is no comprehensive law governing various
aspects of ADR mechanism of mediation although they find
mention in various existing laws.
 Let’s
resolve
your
Queries!
Thank you! And,
Best Of Luck!
I wish and pray
each one of you
qualifies the
examination.