THE REPRESENTATION OF THE PEOPLE ACT

In pursuance of the part XV of the Constitution of India the parliament has enacted the representation of peoples act 1950 and 1951. The RPA Act of 1950 deals with the electoral rolls while RPA 1951 is the detailed pro ision of the elections. RPA 1950 !alient features The "lectoral Roll# It is a list of all the people in the constituencies who are re$istered to ote. It is updated e er% %ear to include new people who turned 1& and those who mo ed into the constituenc% and e'clude those who mo ed out of the constituenc% or died. If one(s name is not in the roll due to an% reason he)she must appl% to $et his)her name re$istered in the electoral roll. The updation of the electoral stops durin$ the election campai$ns after nomination of the candidates ha e closed.

RPA 1951 !alient *eatures QUALIFICATION AND DISQUALIFICATION TO CONTEST ELECTIONS +It is interestin$ to note that the act runs in ne$ati e lan$ua$e, i.e. it tells the $rounds of dis-ualification .ut not necessaril% of -ualification. / Rajya Sabha# 0ne who is not an elector in an% parliamentar% constituenc% is dis-ualified. +As is clear an%one who is a.o e 1& and re$istered in electoral roll is an elector so he is ele$i.le for ra1%a sa.ha if we read this section without our mind open. Recall that minimum a$e for Ra1%a !a.ha mem.er is 20. !o all electors do not !al"#y$ There are further pro isions for eli$i.ilit%. RPA tells us a.out dis-ualification rather than -ualification. / Lo% Sabha # 0ne who is not a !C)!T is dis-ualified to contest for seats reser ed for !C)!T. 0ne who is not an elector in an% of the parliamentar% constituenc% is dis-ualified. +A$ain it tells us onl% the $round of dis-ualification alone./ *or those reser ed seats under special pro isions of the Constitution for 3" states notified areas there is a separate set of dis-ualifications. Those who are not !C)!T of these particular constituencies can not contest for these seats. State Asse&bl"es# !imilar pro ision for dis-ualification holds $ood +The elector

thin$/ e'cept for that these electors must .e of that particular state. I mean %ou can not contest for 4ar%ana assem.l% if %ou are not a re$istered oter in 4ar%ana. In 5o6 !a.ha the All India thin$ runs. State Le'"slat"(e Co!nc"l# The same elector thin$, !C)!T thin$ and elector in the state thin$. Also the nominated mem.ers should .e ordinaril% residin$ in that particular state. !o the 7o erner of 4ar%ana could not nominate Ra1ni8ant to 4ar%ana le$islati e Council if it e'isted. +4ar%ana is a unicarmel le$islature/ D"s !al"#"cat"ons on o##ens"(e )ro!nds* An% person who has .een held a con ict in the offences under Indian Penal Code or Criminal Procedure Code and sentenced for not less than two %ears will .e dis-ualified from contestin$ elction durin$ the sentence and for further si' %ears after the sentence. !o 9r. 5alu :ada is on a forced political lea e of 5;<=11 %ears. These o##ences are elaborately '"(en "n the act$ I will list them down. Its hard to remem.er them all .ut a few must .e memori>ed, 0ffence of promotin$ enmit% .etween different $roups on $round of reli$ion, race, place of .irth, residence, lan$ua$e, etc., and doin$ acts pre1udicial to maintenance of harmon% 0ffence of .ri.er% 0ffence of undue influence or personation at an election 0ffences relatin$ to rape 0ffence of cruelt% towards a woman .% hus.and or relati e of a hus.and 0ffence of ma6in$ statement creatin$ or promotin$ enmit%, hatred or ill? will .etween classes or offence relatin$ to such statement in an% place of worship or in an% assem.l% en$a$ed in the performance of reli$ious worship or reli$ious ceremonies Practice of @untoucha.ilit% 0ffence of importin$ or e'portin$ prohi.ited $oods 0ffence of .ein$ a mem.er of an association declared unlawful offence relatin$ to dealin$ with funds of an unlawful association or offence relatin$ to contra ention of an order made in respect of a notified place Anlawful acti ities 3arcotic dru$s and ps%chotropic su.stances 0ffence of remo al of .allot papers from pollin$ stations offence of .ooth capturin$ 0ffence of fraudulentl% defacin$ or fraudulentl% destro%in$ an% nomination paper 0ffence of con ersion of a place of worship 0ffence of insultin$ the indian national fla$ or the constitution of india, pre entin$ sin$in$ of national anthem or of insults to national

Commission of sati Terrorism 3ote that if onl% fine and no ser ice in 1ail is awarded under these offences still a dis-ualification of < %ears will carr% from the date of award of such fine. 4owe er the person held con icted is free to appeal in a hi$her court, and as lon$ as the hi$her court doesn(t hold him con ict he is innocent, That(s natural law. *or this appeal, earlier a time of 2 months was a aila.le. This 2 months window has .een eliminated .% the new rulin$ of the !upreme Court. 0n the da%, the person is accused he must acate his seat. !ee the difference, earlier con icted was dis-ualified .ut now e en an accused is dis-ualified. The dis-ualification carries on until the court declares him innocent. This rulin$ of the court has started a contro ers% that political power can .e misused to wipe out a potential ri al 1ust .% lod$in$ an *IR a$ainst him. Ri$ht or wron$ this 1ud$ment will $i e the people of India a clean parliament with no one with a tainted record. Be ma% comprehend some political careers sacrificed for this .ut a clean parliament is the need of the hour. And it will compel the politicians to remain e'tremel% careful in their conduct which e er% citi>en of the nation wants to see.

D"s !al"#"cat"on on the 'ro!nd o# corr!+t +ract"ces * In this section the act sa%s that if a person is found $uilt% of corrupt practices an authorit% appointed .% central $o t will notif% the president a.out this and the president will decide if the person is to .e dis-ualified or not and if %es for how lon$. Th"s "s +ec!l"ar sect"on ,A. The president has to o.tain the recommendation of election commission in this re$ard$ !o this section is to handle unusual conditions. Bhat those condition could .e, the act doesn(t sa%, and I don(t 6now either. If a $o t ser ant was dismissed from office on 'ro!nds o# corr!+t"on or d"sloyal"ty +for e'ampled an impeached 1ud$e/ can not contest for 5 %ears. 0ne holdin$ a 'o(t contract can not contest as lon$ as he holds the contract. 0ne who holds o##"ce in an% compan% or or$ani>ation that has not less than -./ 'o(t share can not contest election as lon$ as he hold this office. If the person fails to lod$e acco!nt o# elect"on e0+enses in the time limit stipulated .% the election commission and has not $ood reasons for this failure, he will .e dis-ualified. That means he will ha e to $i e up his won seat. +onl% for that election and not further since this is not a $ra e electoral offense./

All these dis-ualifications can .e remo ed e'cept the peculiar section &A thin$. +!ince the President is in olo ed and 4e is a .i$$er power/, .% the election commission .ut the reason of this rela'ation must .e recorded.

DISQUALIFICATION FRO1 2OTIN)

0ne found $uilt% of Andue influence or impersonation durin$ otin$. Promotin$ enmit% .etween classes in connection with election. Remo al of .allot papers from pollin$ station.

Bill .e dis-ualified for < %ears from otin$ at election. Also those dis-ualified under the &A section as told a.o e will .e dis-ualified for the period as mentioned .% the President$ These dis-ualification can .e remo ed .% "C .ut reasons must .e recorded. A$ain "C can not o erride the &A order of the President.

NOTIFICATION OF )ENERAL ELECTION Ra1%a !a.ha # !ince one third of the mem.ers retire e er% two %ears, a notification is issued .% President as recommended .% the "C to the electors of ra1%a sa.ha. +5o6 !a.ha 9P(s/ or the 95A(s 5o6 !a.haC a similar notification is issued .% the president to call upon all the constituencies to hold elections. This notification can not .e issued < months prior to the date is e'piration of the sittin$ 5o6 !a.ha. *urthur accordin$ to the constitution < months can not pass .etween the last sittin$ of the last 5o6 !a.ha to the first sittin$ of the new 5o6. sa.ha. !ame for !5A and !5C AD1INISTRATI2E ELECTIONS 1ACHINER3 FOR THE CONDUCT OF

"C can dele$ate his functions and dutuies to deput% election commissioner or secretar% of the election commission to assist him. "C appoint chief electoral officer in each state. Ander the "C he will see the conduct of election in his state. The ch"e# electoral o##"cer appoints the district election officer. 4e is usuall% the Collector of the district. The distt. "l. 0oficer will superwise all election related wor6 in the district and has also to perform those duties as the "C ma% assi$n him. The "lection Commission nominates an Obser(er who shall .e an officer of 7o ernment to watch the conduct of election or elections in a constituenc% or a $roup of constituencies and to perform such other functions as ma% .e entrusted to him .% the "lection Commission. 4e can stop the countin$ of the otes if somethin$ $oes wron$ and reports to the "C a.out this. A $o t officer or a local authorit% is nominated ret!rn"n"' o##"cer .% the "C. !imilarl% an ass"stant ret!rn"n' o##"cer. It is the dut% of the returnin$ officer to do all such acts as ma% .e necessar% to conduct the election accordin$ to the rules as mentioned .% the "C. The district election officer will ma6e the pro ision of the pollin$ stations with the appro al of the "C 4e will appoint +res"d"n' o##"cer for each pollin$ station .ut not those who are under the influence of an% candidates. 4e will appoint as man% +ool"n' o##"cer or o##"cers as he deems necessar%. These are people %ou see when %ou $o to ote. Bho chec6 %our name, in6 %our fin$er etc. These people are deemed on deputation of "C. !o their salar% for their dut% is paid .% the "C.

RE)ISTRATION OF POLITICAL PARTIES Poltical parties is a $roup of ele$i.le persons. It must ma6e an application to the "C to a ail itself the pro isions made .% the "C for political parties. The% can accept contri.ution offered to it campanies. oluntaril% .% indi iduals or

The% cannot accept contri.ution from forei$n. 3RI contri.ution can .e accepted. An% contri.ution abo(e rs$ -4444 will ha e to .e reported to the "C. CONDUCT OF ELECTIONS

" er% candidate will pa% 54444 for 508 !a.ha elections and 5000 for !5A. 4owe er !C)!T ha e to pa% 5000 and D000 respecti el%. If the% can secure more than 567 o# total (otes their securit% is returned otherwise confiscated. Independent candidate ha e to .e supported .% 10 oters to $et nominated. The candidates ha e to disclose their properties, their criminal records date of .irth under the RTI act. The% can withdraw their nomination .% writin$ to the returnin$ officer. Elect"on A'ent and Poll"n' a'ents of the candidates are people nominated .% the candidates to o.ser e the conduct of the election, pollin$, countin$ process etc. Their eli$i.ilit% criteria is the same as those for candidates. The rationale of nominatin$ a$ents is the assurance of transparenc% and inte$rit% of the electoral process. If the a$ents of all the candidates are present at the arious sta$es of the election process the candidates can .e assured that the election are conducted without interference, openl% and without an% fa oritism. DISPUTES

All disputes re$ardin$ election to 5o6 !a.ha and !5C come under the ori$inal 1urisdiction of the H"'h Co!rts$ 3o appeal will .e entertained .% the court until the whole process of elections is completed

SO1E OTHER PRI2ISIONS If a mem.er of lo6 sa.ha is chosen for Ra1%a !a.ha his seat .ecomes acant on the da% of such appointment. If a person is choosen in ra1%a sa.ha and lo6 sa.ha at the same time he will

ha e to inform the secretar% of "C which seat he wants to 1oin. If a sittin$ ra1%a sa.ha mem.er is chosen on lo6 sa.ha his seat in ra1%a sa.ha is deemed acant. Eeclaration of assets and lia.ilities

Account of election e'penses is to .e maintained .% e er% candidate and lod$ed with the district election officer. )ro!nds #or declar"n' elect"on to be (o"d.FIf the 4i$h Court is of opinion F +a/ that on the date of his election a returned candidate was not -ualified, or was dis-ualified, to .e chosen to fill the seat +b/ that an% corrupt practice has .een committed .% a returned candidate or his election a$ent or .% an% other person with the consent of a returned candidate or his election a$entC or +c/ that an% nomination has .een improperl% re1ectedC or +d/ that the result of the election, in so far as it concerns a returned candidate, has .een materiall% affectedF +i/ .% the improper acceptance or an% nomination, or +ii/ .% an% corrupt practice committed in the interests of the returned candidate 1G.% an a$ent other than his election a$entH, or +iii/ .% the improper reception, refusal or re1ection of an% ote or the reception of an% ote which is oid, or +iv/ .% an% nonFcompliance with the pro isions of the Constitution or of this Act or of an% rules or orders, the election will .e oid and fresh election will ha e to .e conducted. L" !or not to .e sold, $i en or distri.uted on pollin$ da%. INDIAN DIASPORA AND ITS RELE2ANCE

Diaspora is a 7ree6 word meanin$ Iscattering of seedsJ. Antil 1992 it was defined as dispersion of Kews in $entile nations. Actuall% Eiaspora is a conse-uence of international mi$ration. And mi$ration is the term that has .een used from pre?colonial era. Lut $raduall% international framewor6s ha e defined it as a condition when $roup or communit% settles .e%ond the .order of their nation state and maintain their ethnic identit%. !ame with the people of Indian ori$in are li in$ in almost 129 countries toda%. This co ers nearl% twent% fi e millions people ha in$ I3EIA3I!9 in their hearts. 4istoricall% the process of Indian emi$ration can .e cate$ori>ed into followin$ four

phases? Pre?colonial era Colonial period+old Eiaspora/ Post colonial+3ew Eiaspora/ *ree passen$ers +s6illed or semi s6illed wor6ers/ since $lo.ali>ation

Eurin$ pre?colonial period there had .een startin$ of Indian trade with 9iddle "ast counties. 9erchants of 7u1arat, Len$al and Tamilnadu were settled there. In ancient time due to propa$ation of reli$ion li6e Luddhism man% Indian scholar settled around different parts of south "ast Asia. In Saltnata a$e man% Indian poet, artesian were ta6en to Ara. with 9uslim rulers. In colonial period durin$ t%rann% of Lritish rule man% la.ours, farmers were forcefull% sent to new colonies of 5atin America and Africa, Ce%lone under 7IR9IT and 8A37A3I s%stem. The crisis of a$riculture, small industries and famine in that time also pushed emi$ration of s6illed Indian people to new industriali>ed west nation. After !econd Borld Bar situation was chan$ed. 3ow colonial powers had to lea e their dominance o er third world. The population of under de eloped nation found de eloped world more affluent at this time. A lar$e part of Indian mi$ration was toward A! A8 Canada. " en Indian Eiaspora from other former colonies also mi$rated to these nations, process called Itwice migrated due to ethnic iolence of Africa and *i1i. The new Eiaspora or free Indians is name of recent mi$ration of Indians to western countries. !ince 19M2 demand of e'pertise la.or in oil e'portin$ countries increased. A lar$e part of south Indians li6e 8erala were mi$rated there for search of .etter emplo%ment. India has the second lar'est Eiaspora in the world. In recent %ears the achie ements of these emi$rants ha e come in sharp focus. 9an% of them recei in$ $reat honora.le post in de eloped countries li6e+TA5!I 7ALLARE,3I3A EAVA5ARI / A!, A8. 9oreo er in the wa e of $lo.ali>ation when there is free flow of technolo$%, ser ices, commodities, one can see the opportunities of de elopment in the stron$ .ond of our nation with Indian Eiaspora. 0 erseas Indians share a stron$ .ond with their countr% of ori$in. This is reflected in their lan$ua$e, cultures and traditions that ha e .een maintained, often o er centuries, and continue to .e i.rant and uni-ue. It is now .ein$ witnessed in the $rowin$ popularit% of Indian films, dance, music, arts and culture on forei$n shores, the stron$ sur$e in remittances .ac6 home, and the return of man% to li e and wor6 in India and in

their increasin$ en$a$ement with IndiaNs de elopment.

Ho8 d"d Ind"a chan'e "ts D"as+ora +ol"c"es and 8hy9 It is started with the 9ahatma 7andhi(s efforts in !outh Africa for Indian Eiaspora. The stru$$le was isuali>ed as a se$ment of emer$in$ nationalism hence it was 7andhi(s polic% of identification and cooperation. Lut soon after independence in 3ehru(s forei$n polic% it Eiaspora .ecame important a$enda as he not onl% thou$ht a.out .etterment for them as other politician were thin6in$ in that time .ut he also wanted cooperation from them. Lut after Africa and 8en%a homeland issues durin$ 19<0(s pro ed Indians Eiaspora in Africa as an o.stacle more than an asset in diplomatic relations. 9oreo er Indian settlers thou$ht 3ehru as H"nd! co&&!n"st and refused an% assistance. This widen $ulf was finall% filled .% 9rs. 7andhi who du..ed Indian settlers as A9L"!!E0R 0* I3EIA. Eurin$ &0(s pro Eiaspora feelin$ increased as inflowin$ of remittance from $ulf countries was attracti e. !o finall% a paradi$m shift can .e seen in our forei$n polic%. )o(ern&ent "ncent"(es and +ol"c"es to8ard th"s a++roach: In 19MM seminar held in Eelhi to consider the current status of o ersees communities and their issues. *inall% in D000 a committee was framed .% ministr% of e'ternal affairs to ma6e a comprehensi e stud% of Indian Eiaspora and recommendation for constructi e relationship with them. The st!dy can be ("e8ed "n s+heres l"%e ed!cat"on;c!lt!re;health;"nternat"onal trade de(elo+&ent etc 8here na&es l"%e A&artya Sen ;Pt$ Ra(" Shan%ar;2$S$ Na"+a!l etc are +ro&"nent$ Three main recommendations of report a.out PI0 CARE scheme +dual citi>enship/, PRABA!I L4ARTI:A EIBA!A, PRAB!I L4ARTI:A !A99A3 ABARE! ha e .een adopted. !ome recommendations of report related with the Issues that often suffer o erseas citi>en are? 1. 9is.eha in$ of officials at securit% and custom des6, h%$iene pro.lem at airports. D. Re$ulator% re-uirement of $o ernment related with ta' certificate clearance. 2. Belfare of Indian women married to 3RIs)PI0s. O. Pro.lems of o erseas Indian la.our +indian recent agreement with tajakistan/ 5. In ol ement of Eiaspora in !"P,*EI, other pro1ects and their financial cooperation.

So&e ne8 "n"t"at"(es that 'o(ern&ent has co&e !+ 8"th Q )andh" Pra8as" S!ra%sha Sche&e? +97P!:/ for o erseas India wor6ers in "CR +emi$ration chec6 re-uired/ Countries aims to encoura$e and ena.le the wor6ers to meet their three ma1or needs. It helps them to sa e for their pension in old a$e throu$h 3P!?5ite +3ational Pension !cheme/C sa e for their return and resettlement and o.tain free cost of life insurance co er. <no8 Ind"a Pro'ra&?it is a three?wee6 orientation pro$ramme for Eiaspora %outh conducted with a iew to promote awareness on different facets of life in India and the pro$ress made .% the countr% in arious fields e.$. economic, industrial, education, !cience R Technolo$%, Communication R Information Technolo$%, culture.. St!dy Ind"a Plan? It will ena.le o erseas Indian %outh to under$o short term course in an Indian Ani ersit% to familiari>e them with the histor%, herita$e, art, culture, socio?political, economic de elopments etc. of India. Scholarsh"+ Pro'ra&&e #or D"as+ora Ch"ldren ?launched .% 90IA in D00<?0M to ma6e hi$her education in India accessi.le to the children of o erseas Indians and promote India as a center for hi$her studies. O(erseas Ind"an 3o!th Cl!b?The purpose is to 6eep the o erseas Indian %outh in touch with the de elopments in India and create a sense of .elon$in$ towards their Countr% of ori$in. Trac"n' The Roots Sche&e?launched in D00& to trace the details of applicant.

In recent t"&e Ind"an D"as+ora "s (astly d"str"b!ted across the 8orld b!t 8"th"n an year or t8o so&e nat"ons ha(e been "n ne8s #or the "ss!es o# Ind"an o(erseas co&&!n"t"es$ The +ol"c"es o# so&e de(elo+ed and de(elo+"n' co!ntr"es do a##ect Ind"an "nterest$ =e can ha(e the e0a&+les o# so&e o# the&:

1alays"a?4I3ERA* has .een in news recentl%.it is a communit% of hindu ri$ht action force which is wor6in$ for preser ation of their minorit% ri$hts a$ainst $o ernment. In D00M $o ernment .anned it as a national threat to securit%. UAE?$ulf countries ha in$ .oth .lue and white collar wor6ers from india .ut there ha e .een alwa%s news of their ph%sical a.uses, dela% in wa$es ,restrictin$

passport etc. Ireland?!awita 4allapanwar(s a.ortion news made e er%.od% shoc6ed as refusal of a.ortion .% official authorit% that led to her death. Nor8ay?Indian parents are accused for a.usin$ their children .% court. Sa!d" Arab?Nitaqat law +naturali>ation/ that made mandator% recruitment of locals in pri ate sector. It .ecame worrisome for 8erala. US?its immi$ration .ill that is hurtin$ Indian IT sector as it ma6es mandator% for firms with temporar% forei$n emplo%ees to pa% a fee for each such non?A! national. It ma% also pre ent an% firm from hirin$ people on 41?L isas if 50S of its emplo%ees are not Americans. Also a issue of 6illin$ in $urudwara. U<?same isa issue and !i6h $enocide and its acti ism. 1a!r"t"!s?its president was chief $uest in PLE?D012. T!r%ey?anti $o ernment protest and uprisin$ $a e threat to Indians and racism is another issue. There is also some another countries a Sri Lanka (Tamil ethnic), china (Indian spouses in china and their PIO card issue), Syria (Indians su ering due to ci!il war)"

Bith our all initiati es we .ecame successful to create small India e en outside of countr%. 0ur socio?culture lin6a$es .ecame stron$ .% the efforts of c%.erspace, films, Eiaspora writin$s etc. e en $lo.ali>ation helped a lot to create new phenomena of Transnationalism +process .% which immi$rant .uild social lin6a$es with host and destination countr%/.with the rapid pro$ress in field of social, economical, reli$ion, political ties, the concept of LRAI3 ERAI3 con erted into LRAI3 CIRCA5ATI03 +two wa% flow of professionals, educational/. Lut we need to .e cautious a.out ma6in$ $enerali>ation of Eiasporas as there ma% emer$e new identit% tendenc% within its mem.er on .asis of cast, reli$ion, lan$ua$e etc. so ne't step in our Eiaspora polic% should .e conclusion of its pro and cons. INDIAN DIASPORA6 1OIA6SCHE1ES FOR ID The Indian Eiaspora; co&+r"s"n' Peo+le o# Ind"an or"'"n and Non:Res"dent Ind"ans , as India itself, constitutes a hetero$eneous and $lo.al communit%, representin$ di ersit% of forms, t%pes,

$eo$raphies and times of formation Be could loo6 at them as a s"'n"#"cant strate'"c reso!rce for India as the% ha e considera.l% added to 6nowled$e, inno ation and de elopment across the $lo.e. Contemporar% flows from India are of two 6inds# The first is the emi$ration of hi$hl% s6illed professionals, wor6ers and students with tertiar% and hi$her educational -ualifications mi$ratin$ to de eloped countries, particularl% to the A!A, A8, Canada, Australia and 3ew Pealand. This flow started after Indian independence and $athered momentum with the emi$ration of IT professional in the 1990s. The second is the flow of uns6illed and semi?s6illed wor6ers $oin$ mostl% to the 7ulf countries and 9ala%sia, followin$ the oil .oom in the 7ulf countries, mainl% from 8erala and other south Indian states. 0f late, howe er northern states in India li6e Attar Pradesh and Lihar ha e also emer$ed as the leadin$ states of ori$in for such mi$ration. Eiaspora associations also help to channel remittances, capital and in estments to .enefit not onl% home communities, .ut also .% de elopin$ partnerships with host countr% counterparts, .enefitin$ .oth. The same can .e said of the e'chan$e of s6ills, cuisines, ideas, 6nowled$e and technolo$%. 1"n"stry o# O(erseas Ind"an A##a"rs >1OIA? Its 9ission is to esta.lish a ro.ust and i.rant institutional framewor6 to facilitate and support mutuall% .eneficial networ6s with and amon$ 0 erseas Indians to ma'imise the de elopment impact for India and ena.le o erseas Indians to in est in and .enefit from the opportunities in India. 1. To .rin$ a strate'"c d"&ens"on to IndiaNs en$a$ement with its Eiaspora. D. Tap the in esti.le diasporic communit% in terms of 6nowled$e and resources in di ersified economic, social and cultural areas. 2. 0ffer customi>ed solutions to meet the aried e'pectations of the 0 erseas Indian communit% )lobal Ind"an Net8or% o# <no8led'e +7lo.al?I38/, an electronic platform to facilitate transfer of 6nowled$e with the o.1ecti e of le era$in$ the e'pertise, s6ills and e'perience of 0 erseas Indians.

The Representation of Peoples Amendment Act, D010 has .een passed conferrin$ otin$ ri$hts on o erseas Indian passport holders. 0 erseas Citi>enship of India +0CI/ 8eepin$ in iew 7o ernmentNs deep commitment of en$a$in$ Persons of Indian 0ri$in with the land of their ancestors in a mutuall% .eneficial relationship, the 0 erseas Citi>enship of

India+0CI/ !cheme was launched in Au$ust, D005 .% amendin$ the Citi>enship Act, 1955. The 0CI !cheme is operated .% the 9inistr% of 4ome Affairs. The !cheme pro ides for re$istration as 0 erseas Citi>ens of India +0CI/ of all Persons of Indian 0ri$in +PI0s/ who were citi>ens of Indiaon or after D< Kanuar%, 1950 or were eli$i.le to .ecome citi>ens of India on D< Kanuar%, 1950 The Pra(as" @harat"ya Sa&&an A8ard >P@SA? is conferred on 3on?Resident Indians, Persons of Indian 0ri$in or 0r$ani>ations or Institutions esta.lished and run .% 3on?Resident Indians or Persons of Indian 0ri$in, who ha e e'celled in their fields which has enhanced IndiaNs presti$e in their countr% of residence and who ha e made +i/ si$nificant contri.ution towards .etter understandin$ a.road of India and supported IndiaNs causes and concerns in a tan$i.le wa%C +ii/ si$nificant contri.ution for the welfare of the diasporaC +iii/ nota.le contri.ution in philanthropic and charita.le wor6 and for social and humanitarian causes in India and a.roadC +i / si$nificant contri.ution in .uildin$ closer lin6s .etween India and its diaspora in the economic, cultural and scientific fieldsC and + / for eminence in their s6ills which has enhanced IndiaNs presti$e in that countr%. It is conferred .% the President of India as a part of the Pra asi Lharati%a Ei as +PLE/ Con ention. PL!A is the hi$hest honour conferred on o erseas Indians. The o.1ecti e of the 9inistr%Ns <no8 Ind"a Pro'ra&&e is to help #a&"l"ar"Ae Ind"an D"as+ora yo!th, in the a$e $roup of 1&?D< %ears, with de(elo+&ents and ach"e(e&ents &ade by the co!ntry and br"n'"n' the& closer to the land o# the"r ancestors$ The 9inistr% is implementin$ a comprehensi e e?$o ernance pro1ect on mi$ration. The e: 1"'rate Project a"&s to trans#or& e&"'rat"on "nto a s"&+le; trans+arent; orderly and h!&ane +rocess. The Pro1ect is aimed at impro in$ the -ualit% of ser ices to emi$rant wor6ers and help reduce, to a $reat e'tent, corruption, malpractices and irre$ular mi$ration and there.% facilitate le$al and orderl% mi$ration. After e9i$rate s%stem is launchedC emplo%ers in "CR countries will find an eas%, fast and transparent wa% of conductin$ recruitments from India. Ind"an Co&&!n"ty =el#are F!nd >IC=F? 0 erseas Indian wor6ers face a num.er of ris6s. The nature of ris6s include hi$h costs of mi$ration, non)dela%ed)under pa%ment of salaries, poor li in$ and wor6in$ conditions, ph%sical a.use, fraudulent recruitment practices, difficulties in resettlement on return, financial insecurit%, and ulnera.ilit% a$ainst emer$encies.

Indian Communit% Belfare *und +ICB*/ !cheme pro ides 1. emer$enc% medical care D. financiall% sustaina.le social securit% and support ser ices 1ahat&a )andh" Pra(as" S!ra%sha 3ojana >1)PS3? @9ahatma 7andhi Pra asi !ura6sha :o1ana +97P!:/@ is a speciall% desi$ned soc"al sec!r"ty sche&e for the !ns%"lled and se&":s%"lled 0 erseas Indian wor6ers, with "CR passports and emplo%ed on temporar% wor6 permits across 1M "CR countries. The o.1ecti e of the scheme is to encoura$e and ena.le such o erseas Indian wor6ers and .% $i in$ $o ernment contri.ution to +a/ sa e for their return and resettlement, +./ sa e for their pension and +c/ $et a life insurance co er a$ainst natural death. Pr"&e 1"n"sterBs )lobal Ad("sory Co!nc"l o# Peo+le o# Ind"an Or"'"n >P1)AC:OI? The functions of the Council are# +i/!er e as a platform for the Prime 9inister to draw upon the e'perience, 6nowled$e and wisdom of the .est Indian minds where er the% ma% .e .asedC +ii/Ee elop an inclusi e a$enda for a two?wa% en$a$ement .etween India and 0 erseas IndiansC +iii/Consider wa%s and means for accessin$ the s6ills and 6nowled$e of the Indian Eiaspora for meetin$ IndiaNs de elopment $oals and facilitatin$ in estments .% 0 erseas Indians into India

Immigration and Emigration policies

This is a history of immigration policy in Britain, Canada, Australia, US and EU (focusing on Indians) + !er!ie" of India#s emigration policy$ Britain% Evolution of restrictive Immigration Policies The Second &orld &ar mar's a crucial "atershed in the history of the (formation of Indian diaspora, particularly in the de!eloped "orld$ The largest num)er of Indian migrants in this period "ent to the U*$ &hy+

e,periences of "ar, partition and independence pro!ided the initial moti!ation for the post"ar e,odus ne,us of 'inship and friendship ena)led many to tap the economic opportunities that "ere )ecoming a!aila)le more and more in the

la)our mar'ets a)road$

Lifting of restriction in the New World and Antipodes -rior to the.Second &orld &ar. anti.Asian sentiment "as the characteristic of immigration policy in /orth America, Canada and Australia$ Canada%

An rder of 0123 allo"ed landing for non.immigrants "ho had ser!ed in the Armed 4orces and "ere honoura)ly discharged, pro!ided they "ere not persons of Asiatic origin$ After the Indian -rime 5inister 6a"aharlal /ehru !isited Canada, Indo. Canadians "ere granted the right to !ote$ The e,plicitly racist pro!isions in the lmmigration Act "ere changed, lest Canada(s image a)road as a humane and peace.lo!ing country got tarnished$ In 0178, ne" regulations to the Act "ere introduced, prohi)iting the use of race, colour, and national origin as criteria for the selection of immigrants$ It facilitated increasing immigration of the s'illed, educated and 9ualified Indians$

Australia% too ga!e up its ("hite Australian policy( in the 017:s, attracting talent of the non."hite Indians US%

lndian immigration "as mainly characteri;ed )y the presence of illiterate la)ourers. those "or'ing on the -acific coast lum)er mills, doc's etc$ a fe" educated Indians too, "ho "ere political refugees or students$ 4or e,ample, amongst the students "ho "ere organi;ing lndians against the British rule in lndia "ere the son of the 5ahara<a of Baroda at =ar!ard and the son of >a)indranath Tagore at Illinois$ In fact, Tagore had himself !isited the U$S$ and praised America for its international leadership$ But he later denounced the Asian e,clusions and refused to return to the US )ecause of (utter lac' of freedom(

there$

After &&II, things changed$ >oose!elt himself, as -resident of the US, said, (Statutory discrimination against lndians no" ser!es no useful purpose and ?is@ incongruous and inconsistent "ith the dignity of )oth our peoples($ 0127 US lmmigration Act. "hich ended almost A: years of e,clusion of lndians )y setting an annual num)er of 0:: as their national 9uota$ ?for Chinese, )arriers lifted in 012A@ )<ecti!e% to ameliorate the gro"ing antagonism of lndians to"ards American troops that "ere still stationed in lndia after the &ar had ended$ -rime 5inister 6a"aharlal /ehru !isited US in cto)er 0121. lndian immigration changed from uns'illed "or'ers to highly s'illed and the professional Indians$ In the three decades that follo"ed, lndians ac9uired the status of )eing amongst the highest.educated, highly.professional and highest. earning model minority ethnic groups in the US$

The um)ilical cord of colonial legacy that lndians had long nurtured "ith Britain "as thus e!entually snapped, first "hen Canada and su)se9uently the US in the (/e" &orld( )ecame the final destination of the migrating lndian professional masses through the 017:s and 013:s, there )eing a scram)le for them amongst the other de!eloped countries, ironically including the Breat Britain too$ The largely uns'illed and semis'illed migrants too found a ne" destination in the ne"ly de!eloping oil.rich countries of the gulf in &est Asia, and a large num)er of lndians "ent there as temporary construction "or'ers, follo"ed )y some professionals as "ell$ EU% TC/sC Third Country /ationalsC "or'ers from outside the Union 0111. Amsterdam Treaty promised to promote the free.mo!ement and employment rights of TC/s$ .centrali;ed European institutions (li'e European Commission and the Council of 5inisters) "ere gi!en clear mandate to enact policies directly affecting the migration of non.EU nationals .The treaty e,tended the TEC anti.discrimination clause to encompass all forms of discrimination on account of racial or ethnic origin, religion, age,

se,, disa)ility, or se,ual orientation$ =o"e!er, despite such treaties, harmoni;ation and homogeni;ation of immigration policies affecting the entry and stay of TC/s across countries of the EU are yet to ta'e place, although many countries li'e Bermany, 4rance, Denmar', and the /etherlands etc$ are already in the fray to attract Indian talent$ Emigration policy in India Sending countries li'e lndia ha!e from time to time adopted policies designed to counter the e,ploitation of their citi;ens a)road andEor the draining of their !alua)le human resources that ta'es place through gro"ing emigration$ These can )e grouped into four )road issue )ased policy types% >estricti!e (to restrict emigration), compensatory(to compensate for the loss due to emigration), restorati!e (to encourage re!erse migration) and de!elopmental()ridging the de!elopment gap )et"een the de!eloping home country and the de!eloped destination country)

Conclusion:

/o "ell.defined immigration rule or la" per se in India, either for the s'illed or the uns'illed$ the !erseas lndian Citi;enship ( IC) Cthe dual citi;enship conferred to the lndian diaspora )y the lndian go!ernment in 8::7 is an important landmar' in redefining the contours of immigration policy in the ne" millennium . not merely for lndia )ut for an Finterconnected( "orld as "ell$ 4or the lndian diaspora in the Bulf . those "ho send large remittances )ac' home )ut can ne!er hope to )ecome naturali;ed citi;ens of those countries )ecause of restricti!e regimes there, the lndian go!ernment announced at the fourth -ra!asi Bhartiya Di!as "hich too' place in 8::7 that their demand for !oting rights to )e e,ercised from a)road "as under serious consideration

UN eport of the !lo"al Commission on lnternational #igration $%%&: concluded

The international community has failed to capitali;e on the opportunities and meet the challenges associated "ith migration and therefore ne" approaches are re9uired to correct the situation

if the )endits of international migration are to )e ma,imi;ed and its ad!erse conse9uences minimi;ed, then migration policies should )e )ased n shared o)<ecti!es

the traditional distinction )et"een s'illed and uns'illed "or'ers is in certain respects an unhelpful one, as it fails to do <ustice to the comple,ity of international migration$ &hile they may ha!e different le!els of educational achie!ement, all of them could )e legitimately descri)ed as essential "or'ers

Co&+ar"son o# Ind"an Const"t!t"onal Sche&e 8"th other co!ntr"es Thomas Paine# IBhere a constitution cannot .e produced in a isi.le form, there is noneJ E(ol!t"on* 9ontes-uieu(s I!pirit of the 5awsJ is the predecessor to all contemporar% comparati e le$al !cholarship Lefore adoptin$ the A.!. Constitution, Kohn Adams R Kames 9adison sur e%ed the constitutions of different nations In the same wa%, different countries anal%sed arious constitutions and adopted the pro isions which were suita.le to their territor%. "$., Irish Constitution mentions Eirecti e Principles of state polic%, Ar$entine Constitution Q reflection on A.!. Constitution !tud% of comparati e law includes the stud% of the constitutions of totalitarian $o ernments

#onstitutional Structures$ An o er iew of the parliamentar% s%stem and emer$enc% conditions in the different constitutions su$$est the followin$ differences# Parlimentar% Q *ederal)Presidential)!emi?Presidential)Purel% parliamentar% Condition for "mer$encies Q 3atural disasters, terrorist threats, sustained or sporadic domestic disorder, economic distress etc., A.!. Constitution refers onl% to Tre.ellion or in asion( *rench Constitution Tserious and immediate threat( Indian Constitution Tarmed re.ellion or e'ternal a$$ression( Political !%stems Q Eictatorship)Eemocrac%)Repu.lic)Anarch%

Ind"an Const"t!t"on 2s Un8r"tten Const"t!t"ons*

Anwritten Constitutions# e.$., Lritain, 3ew Pealand, !audi Ara.ia, Israel, CanadaU %ritish #onstitution$ Product of histor% and the result of e olution There is a difference .etween theor% and practice *le'i.le and unitar% constitution Parliamentar% $o ernment and two part% s%stem Rule of law and ci il li.erties applica.le
Indian &ritten Guasi 4ederal -o"er is di!ided )et"een centre and state /o monarchyE>epu)lic 'ritish Un"ritten Union Constitution -o"er is the "ith the centre =as *ingEGueen

Ind"an Const"t!t"on 2s =r"tten Const"t!t"on &merican #onstitution$ Bor6s on Chec6s and .alances concept Presidential t%pe of $o ernment Ri$id Constitution *ederal !%stem
American >esult of an agreement )et"een states Dual citi;enship Each state sends e9ual num)er of representati!es to the senate -rinciple of e9uality )et"een the states Union and each Unit is so!ereign in its sphere State can separate from the federation States ha!e residuary po"ers /o appellate <urisdiction for the Supreme Court 4or amendment of Constitution a referendum is necessary

Indian /ot a result of agreement )et"een states Single Citi;enship >epresentati!es are sent to the parliament depending on the population of the state /o principle of e9uality )et"een the states The states are not so!ereign /o state can separate from Indian territory nly centre has residuary po"ers Supreme Court has appellate <urisdiction /o referendum is necessary for amending the Constitution

Ind"an Const"t!t"on 2s Dyna&"c Const"t!t"on Swit'erland$ A comparati el% lon$er document !pirit of Repu.licanism *ederalism Kames Lr%ce IAmon$ modern democracies, which are true democracies, !wit>erland has the hi$hest claim to .e studiesJ E%namic Constitution +protection of indi idual, welfare state/
(wit)erland E,ecuti!e !ested in the 4ederal Council 4ederal Council Elected )y 4ederal Assem)ly A)sent Cantons can conclude treaties 6udiciary cannot rule in!alid a federal la" >eferendum possi)le

Indian E,ecuti!e !ested in the -resident -resident elected )y electoral college -arty Bo!ernment States cannot conclude treaties Supremacy of 6udiciary /o referendum

Co&+arat"(e Const"t!t"onal la8 and nat"onal "dent"ty* The Constitution incorporates a national identit% which is e ident from the statements in some of the constitutions .elow# Pream.le to Irish Constitution Q TThe 9ost 4ol% Trinit%( Pream.le to !outh African Constitution Q Treco$nise the in1ustices of our past( Art 9 of Kapanese Constitution Q IThe Kapanese people fore er renounce war as a so erei$n ri$ht of the nation and purports to .an the maintenance of land, sea, airforcesJ Pream.le to Indian Constitution Q TBe, the people of India ha in$ solemnl% resol ed to constitute India into a so erei$n, socialist, secular, democratic, repu.licU.J

)eneral Co&+ar"son 8"th other co!ntr"es

India &ritten 4le,i)leE>igid ussia &ritten >igid *apan &ritten >igid +rance &ritten >igid !ermany >igid

4ederal "ith Unitary Bias

4ederal

Unitary

Unitary Guasi -residentialEG uasi -rime ministerial -arliament "ith limited po"ers >epu)lic Direct election

4ederal

-arlimentary Democracy Supremacy of Constitution >epu)lic

Semi -residential

-arlimentary Democracy Supremacy of Constitution

-arlimentary >epu)lic

>epu)lic

Constitution al 5onarchy

>epu)lic Indirect Election In principle

-resident .Indirect election Direct Election Single Citi;enship -rocedure esta)lished )y la" Dual Citi;enship Single Citi;enship -rocedure esta)lished )y la"

Dual Citi;enship

IThe price of freedom is eternal i$ilanceJ Q Thomas Kefferson

Ind"a and USA A!A (eneral di erence 0ldest written constitution consistin$ of a pream.le and M articles. 4i$hl% ri$id# All parts of the constitution are to .e modified .% special procedure which is D)2rd ma1orit% in .oth the houses and ratified .% 2)Oth of the states. *ederal constitution Q more power is $i en to the states, with states ha in$ separate constitutions and residual powers. India 1. 3ew constitution +19O9/ ori$inall% consistin$ of a pream.le, 295 articles and & schedules. D. 9i' of ri$idit% and fle'i.ilit%. !ome parts of the constitution can .e modified .% ordinar% law and some re-uire special process. *ederal constitution with a stron$ center. There is di ision of power .etween center and states with residual power with the center. Also, the su.1ects +union; concurrent/ a aila.le to the center are si$nificant in num.ers and matter.

Licameral le$islature +con$ress/ Q house of representati e +lower house/ and senate +upper house/ with powerful upper house.

O. Licameral le$islature +parliament/ Q lo6sa.ha +lower house/ and ra1%a sa.ha +upper house/. The lo6sa.ha is more powerful.

)orm o (o!ernment A!A Q Presidential form of $o ernment 4ead of the $o ernment +president/ is elected .% the people directl% ia an electoral colle$e constituted for the purpose. 4e is assisted .% a ca.inet, an ad isor% .od% consistin$ of non con$ress mem.ers appointed .% him. 4e is not responsi.le to the con$ress for his acts. 4e does not attend the con$ress sessions.

India Q Parliamentar% form of $o ernment 4ead of the $o ernment +P9/ is appointed .% the President. 4e is leader of the part%)coalition ha in$ ma1orit% in the lower house. 4e is first amon$ the ministers. All the ministers are appointed .% the president on his ad ice. 4e is responsi.le to the lower house. 4e attends the parliamentar%

4e is elected for a fi'ed term of O %ears and can .e remo ed .% impeachment.

sessions and has the otin$ ri$ht in which he is a mem.er. 4e has to resi$n if he does not ha in$ the confidence of the lower house.

O ice o President A!A "lected .% an electoral colle$e created for the purpose. !i>e of this is e-ual to the si>e of con$ress and mem.ers are elected .% the people from the states. The presidential candidate who secure a.solute ma1orit% is declared winner. If no candidate secures the ma1orit% then the 4ouser of representati e elect the president amon$ the three candidates securin$ the hi$hest otes. 0nl% natural .orn citi>ens and residents for 1O %ears are eli$i.le. 4e can $rant pardon and repri e for offense a$ainst federal laws. 4is poc6et eto is limited. Bhen a .ill is sent to him for assent he can reser e the .ill for not more than 10 da%s. 4e can call special sessions of the con$ress for consideration of ur$ent matters. #i!il Ser!ices A!A It(s a mi' of merit and spoils s%stem. Around 10,000 senior ci il ser ice posts are filled .ased political patrona$e. There is a s%stem of lateral entr%. This facilitates entr% at all le els and an% a$e ensurin$ mo ement .etween $o ernment and pri ate 1o.s. "'aminations are Tassem.led( and Tunassem.led(. Assem.led e'aminations are used to fill lower posts .% conductin$ written tests. Anassem.led tests are used for senior posts .% indi idual inter iew and testimon%. 3o definite education -ualification is

India 1. "lected .% an electoral colle$e consistin$ of # "lected mem.ers of parliament. "lected mem.ers of state assem.lies. "lected mem.ers of assem.lies of AT of Eelhi and puducherr%. D. An% person who has the Indian citi>enship is eli$i.le. 2. 4e can $rant pardon and repri e on federal and state laws. O. 4e en1o%s unlimited poc6et eto.

5. There is no such pro ision.

India All recruitments are .ased on merit s%stem onl%. There is no s%stem of lateral entr% and strict a$e restrictions are followed. All the e'aminations are Tassem.led(.

"ducation -ualifications are

prescri.ed. There e'ists a s%stem of pre?entr% and post? entr% trainin$s. Trainin$s are fle'i.le in ol in$ uni ersities as well as in house trainin$ conducted .% 0P9 +0ffice of Personnel 9ana$ement/. 5ess Restriction on fundamental ri$hts such as# The% ha e the ri$ht to e'press iews on $o ernment polic% matters howe er the% can .e disciplined in cases such as false information, confidential information, affects the performance of or$ani>ation, etc. Ri$ht to form)1oin associations and collecti el% .ar$ain is allowed.

prescri.ed. 0nl% post?entr% trainin$s are a aila.le.

Restrictions on fundamental ri$hts such as# The% don(t ha e an% ri$hts to comment on polic% matters. This is done to ensure political neutralit%. Ri$ht to form)1oin associations is $uaranteed. 4owe er the $o ernment would consult or ne$otiate onl% with the reco$ni>ed ones.

Ind"a and U< A8 0ldest democrac% which is a .lend of monarch%, aristocrac% and democrac%. Anwritten constitution. The administration is carried out .ased on $reat charters, statutes, con entions which are .ac6ed .% tradition and pu.lic support. *le'i.le constitution. There is no distinction .etween ordinar% law and amendment. Anitar% constitution. The pro incial $o ernments are for administrati e purposes onl%. The% can .e a.olished at an% time .% the center. (eneral di erence India 1. 3ew democrac% which is a parliamentar% and repu.lic. D. 5en$thiest written constitution.

2. 9i' of ri$idit% and fle'i.ilit%. !ome parts of the constitution can .e modified .% ordinar% law and some re-uire special process. *ederal constitution with a stron$ center. There is di ision of power .etween center and states with residual power with the center. Also, the su.1ects +union;concurrent/ a aila.le to the center is si$nificant.

Lritish s%stem is .ased on the doctrine of supremac% of parliament. The laws made .% the parliament cannot .e declared oid .% 1udiciar%.

The head of the state)president or Crown is not elected .ut decided .% inheritance. !hadow ca.inet is formed .% the opposition part%. Almost e er% mem.er IshadowsJ the ministers. The leader of opposition heads the shadow ca.inet. The% closel% monitor the wor6in$ of respecti e ministries. #i!il ser!ice

Indian s%stem is .ased on the doctrine of supremac% of constitution. The !upreme Court is constitutional $i en the ri$ht to alidate the laws passed ia 1udicial re iew. <. The head of the state is elected .% the people indirectl%. M. There is no such concept here.

A8 "la.orate recruitment procedure called countr% house method is used. After candidate -ualified after the written tests are ta6en for a D da% inter iew tests to a countr% house and arious inter iews indi idual)$roup are carried out. There is a D %ear pro.ationar% period. Promotions are carried out professionall% # Candidate is informed well in ad ance of acant posts. !uita.ilit% is decided .% .oard. A$$rie ed candidates ha e the ri$ht to appeal. A hi$hl% comprehensi e s%stem is in place for .etter emplo%er +state/ and emplo%ee relations ? whitle% counsels. Ri$hts The% ha e the ri$ht to e'press iews on non political matters of pu.lic importance. There is a total .an on political acti ities at hi$her le el. It .ecomes less rela'ed to the middle and lower le els. The lower le els can participate in all the political acti ities. Ri$ht to stri6e is not ille$al. 4owe er the% can .e su.1ected to disciplinar%

India 1. !ee A!A.

D. There is no pro.ation period. 2. It is carried out .% the Eepartment of Personnel and Trainin$. The is scope to impro e this area.

O. There is no such mechanism.

5.Ri$hts

The% don(t ha e an% ri$hts to comment on polic% matters. This is done to ensure political neutralit%. The% cannot in ol e in an% political acti it% li6e 1oinin$ political parties, attendin$ meetin$s, etc. 4owe er

actions. Ri$ht to form)1oin associations and collecti el% .ar$ain is allowed.

the% en1o% the ri$ht to ote. The% don(t ha e the ri$ht to stri6e. Ri$ht to form)1oin associations is $uaranteed. 4owe er the $o ernment would consult or ne$otiate onl% with the reco$ni>ed ones.

A8

Parliamentary #ommissioner India Bider scope includes ministers, P9 and 9Ps. 4e in esti$ates matters of corruption.

5imited scope. Eoes not include ministers, P9 and 9Ps. 4e in esti$ates matters of maladministration which he is free to define. All the matters that are referred to him come ia 9P. This process is 6nown as T9P filter(. 4e is onl% an in esti$ation a$enc% and cannot persecute.

The a$$rie ed citi>ens can directl% approach him. After in esti$ation, the findin$s are presented in a special court. A cop% is also sent to the competent authorit% that has to report with the action ta6en.

A8

#&( India 4e is a constitutional .od% who audits the accounts of union as well the state. 4e has no control o er the mone% drawn from the consolidated funds and is in ol ed onl% durin$ the audit sta$e when the e'penditure has alread% occurred. 4e is onl% auditor.

4e is an officer of the parliament and audits the accounts of the union. An% mone% can .e drawn .% the e'ecuti e from the pu.lic e'che-uer onl% after his appro al. 4e is .oth the comptroller and auditor.

Ind"a and France (eneral di erence India 1. Alread% co ered D. 3o such futures.

*rance Ri$id constitution, a special procedure re-uirin$ <0S ma1orit% in .oth houses is re-uired. *eatures of direct democrac% li6e #? President see6in$ referendum on amendments Is a aila.le. 4i$hl% unitar% $o ernment. 3o separation of power and power to a.olish pro incial $o ernments. Vuasi?Presidential and Vuasi?Parliamentar% s%stem. The president is elected .% the people and is powerful. There also e'ists a ca.inet headed .% P9 responsi.le to the le$islature. Restricted parliament, it can ma6e laws onl% on those su.1ects listed in the constitution. The residual powers are ested with the e'ecuti e. This is to ensure powerful e'ecuti e. There e'ists a constitutional council to chec6 the constitutional alidit% of the e'ecuti e decrees and parliamentar% laws. The peculiarities of the constitution li6e powerful e'ecuti e, direct democrac%, emer$enc% pro isions etc are to ensure smooth wor6in$ of the s%stem as *rance has the histor% of unsta.le $o ernments and redraftin$ the constitution e er% 1D %ears. O ice o President

2. Alread% co ered.

O. Alread% co ered.

5. There is no such distinction.

<. There is no such pro ision.

M. 3A

*rance Eirectl% elected .% people. The candidate has to secure a.solute ma1orit%. If there are no results then Dnd .allot is used to decide .etween the first two candidates securin$ hi$hest otes. 3o a$e restrictions and elected for a fi'ed term of 5 %ears. 4e can .e remo ed .% impeachment in ol in$ parliament and 1udiciar%. 4e is powerful with the followin$ functions#?

India Alread% co ered.

4e has to .e 25;.

4e has onl% nominal powers.

4e presides o er the ca.inet meetin$s and directl% influences the $o ernment. 4e appoints the president and mem.ers of the constitutional council. 4e can summon special sessions of the parliament. There is no such pro ision althou$h it(s a .asic structure of the constitution.

There is a constitutional pro ision to ensure repu.lican form of $o ernment meanin$ there is no scope for monarch% throu$h amendment. #i!il ser!ice

*rance It is 6nown as Tci il ser ice state( or Tadministrati e state( due to the wea6 $o ernment. It had the s%stem of T!ale of 0ffice(C the acant posts were sold to the hi$hest .idder. The "cole 3ationale(d Administration +"3A/ is the ape' institute in ol ed in pre?entr%, recruitment, post?entr% trainin$. It has world class trainin$. !ome feature# Practical rather than theoretical. 4andled .% senior ci il ser ants. Pro ision for pri ate trainin$s. 5on$ term trainin$s. Pro ision to switch to pri ate and pu.lic is a aila.le. Promotions are .ased on merit and seniorit%. The% en1o% all the ri$hts # The% en1o% freedom of e'pression on all matters. The% can 1oin)form association)trade unions. The% are $i en the ri$ht to stri6e. The% en1o% all the political ri$hts. In fact the% can $et elected and come .ac6 to the ser ice after resi$nin$.

India 1. !ta.le $o ernment.

D. It has .een merit .ased. 2. Alread% co ered.

O. It is not as comprehensi e as *rance.

5. There is no such pro ision. <. Promotions are .ased on merit. M. India(s ri$hts can .e deri ed from points mentioned a$ainst A!A)A8 a.o e.

&dministrati!e courts India It has a narrower scope and is created for cur.in$ corruption.

*rance It is created to pro ide 1ustice to citi>ens on all administrati e matters. The scope is wider. The administrati e laws 6nown as TEroit Adminsitratif( are safe$uarded. It can as6 for compensation to the a$$rie ed citi>ens as well as ta6e as6s action on disciplinar% matters.

It can onl% as6 to ta6e action on disciplinar% matters.

Ind"a and Ca+an (eneral di erences India 1. Alread% co ered.

Kapan *eatures of direct democrac% li6e Q ratification of amendments passed in the le$islature .% people at special referendums. Anitar% constitution with no separation of powers. Constitutional monarch en1o%s onl% ceremonial functions. 4e does not en1o% the power to choose .ut onl% appoint the P9. P9 is chosen .% diet. 4e does not appoint the ministers. The% are appointed .% P9. 4e cannot remo e the ministers. The% are remo ed .% P9. Parliamentar% $o ernment with powerful P9. 4e can appoint and remo e the ministers. 4e can choose at will .ut ma1orit% ha e to .e from the diet. Renunciation of war is a constitutional pro ision that was added .% the 7eneral 9acArthur to see that Kapan does not ha e the so erei$n ri$ht to raise war. #i!il ser!ice

D. Alread% co ered. 2. "lected president and en1o%s few powers. 4e en1o%s the power to choose and appoint P9. 4e appoints the ministers of course on the ad ice of P9. 4e can remo e the ministers on the ad ice of P9. O. P9 does not en1o% the power to choose from outside the parliament.

5. It(s a matter of India(s forei$n polic%.

Kapan The administrati e officers called

India 1. IA! is not attached to an% ministr%. The%

Tcareermen( or Telitos( are attached to ministries. Kapan seems to .elie e in specialist administrators. All the ci il ser ants 1oin on the same da% 1st April, the 1st da% of financial %ear. Promotions are .ased on seniorit% then educational .ac6$round, uni ersit% and area of speciali>ation. At lower le els promotions are .ased on written tests. !%stem of collecti e seniorit% is pre alent at hi$her le els. Ci il ser ants who ha e same seniorit% $et promoted at the same time. Bhoe er is not a.le to find position has to resi$n and start T!econd career(. 0n retirement, a ci il ser ant is placed in a pri ate corporation. This s%stem is called Tama6udari( s%stem. Ri$hts Ri$ht to form)1oin associations is allowed e'cept for police and maritime safet% a$enc%.

mo e from one to another. India .elie es administration is a $eneralist 1o.. D. The% can 1oin at will.

2. It is .ased on merit.

O. It is uniform across le els. 5. There is no such pro ision.

<. There is no such pro ision.

M. India(s ri$hts can .e deri ed from points mentioned a$ainst A!A)A8 a.o e.

Comparison of Indian Constitutional Scheme "ith ther Countries for BS 8

P ,L,!UE
United States of America -resident of USA Hice -resident Congress (a) =ouse of >epresentati!es ()) Senate 0$2 Supreme Court of USA

0$I

Comparison )E" I/DIA.USA#s -olitical Systems$

United *ingdom 8$0 5onarchy of U* 8$8 =er 5a<esty(s Bo!ernment (a) -rime 5inister 8$A British -arliament (a) =ouse of Commons ()) =ouse of Jords 8$2 Supreme Court of U* 8$I Comparison )E" I/DIA.U*#s -olitical Systems$ 4rance A$0 -resident of the 4rance A$8 -rime 5inister -arliament of 4rance /ational Assem)ly Senate 6udiciary of 4rance Comparison )E" I/DIA.4>A/CE#s -olitical Systems$

Bermany 2$0 -resident of Bermany 2$8 4ederal Chancellor 2$A The Bundestag 2$2 The Bundesrat 2$I 6udiciary of Bermany 2$7 Comparison )E" I/DIA.BE>5A/K#s -olitical Systems S"it;erland I$0 The 4ederal Council I$8 -resident of the Confederation I$A 4ederal Assem)ly (a) /ational Council ()) Council of States I$2 The 4ederal Supreme Court I$I Comparison )E" I/DIA.S&ITLE>JA/D#s -olitical Systems

China 7$0 7$8 7$A 7$2 7$I 7$7 7$3

-resident of China Hice. -resident State Council -remier The /ational -eople(s Congress (a) /-C Standing Committee Supreme -eople(s Court Comparison )E" I/DIA.C=I/A#s -olitical Systems

M/ TE% The )est "ay of reading "ould )e )y 'eeping parallels in mind e$g$ "hen reading US president 'eep in mind his Indian counterpart or "hen reading Berman Chancellor 'eep in mind Indian -5$ &here!er comparisons are used e$g$ SenateN>a<ya Sa)ha, it doesn#t means that Senate can o!erpo"er >a<ya Sa)ha, it means that the po"ers of Senate in US are greater than that are en<oyed )y >a<ya Sa)ha in India$

United (tates of America

American constitution is the oldest among e,isting "ritten constitutions of the "orld$ It "as drafted )y the constitutional con!ention, the -hiladelphia Con!ention (03O3)$ It is federal presidential democratic repu)lic$ ?But "hat is federal system of go!ernment+ In a truly federal state, power is divided b/w federal govt (at the centre) and its constituent units as specified in constitution. But the most imp feature of federal state is that sovereignty is divided b/w the centre and the states. There is not one but many centre of sovereignty in a federal country. Other important attributes are dual citi!enship" supremacy of constitution" #upreme $uthority for interpreting constitution and deciding conflicts b/w centre and states$@

-ro!ision of Chec's and Balance

The principle of chec's and )alances "as applied to pro!ide against a "ater.tight compartmentalisation and to ensure no despotism$ Thus la" ma'ing po"er of congress is chec'ed )y president#s !eto and Supreme Court#s po"er of interpreting la"s and declaring them ultra !ires if they contradict the pro!isions of the constitution$ -resident is chec'ed )y the fact that he cannot spend money "ithout the appro!al of SenateP that he can )e impeached )y the congressP that he can#t ma'e appointments "ithout the appro!al of senate and treaties negotiated )y him cannot )ecome effecti!e until they are ratified )y senate$ The 6udiciary is chec'ed )y the fact that Congress can determine the no$ of <udges and fi, their salariesP that -resident and Senate together appoint <udges and Congress can impeach <udges$

->ESIDE/T

-resident of USA is head of the state and head of the go!ernment$ =e is commander.in.chief of armed forces, head of national economic programme and spo'esman for all Americans$ =e is the Chief E,ecuti!e, the official charged "ith super!ising the acti!ities of all Americans in the national administration$ =e has )een commanded )y la" to prepare the go!t#s annual )udget, to set rules for ci!il ser!ice and to encourage efficient administrati!e practices$ &ith the Qad!ice and consent# of senate, -resident appoints am)assadors, other pu)lic officials and counsels, <udges of Supreme Court$ =e is also director of American foreign policyP ho"e!er, treaties and diplomatic appointments must )e confirmed )y Senate$

=e is closely associated "ith "or' of congress$ The constitution re9uires him to recommend to congress such measures as he <udges necessary and e,pedient and grants him qualified power of !eto$ ?Gualified po"er of !eto "hene!er he thin's that the )ill passed )y congress is un"ise or unconstitutional, he may return the )ill "ithout his signature or retain it unsignedC poc'et !eto the )ill cannot )ecome la" of the land$ But if )oth cham)ers of the Congress pass the )ill )y 8EA ma<ority then it )ecomes la" "ithout the -resident(s signature$@

EJECTI / The -resident of US is elected from an indirect

election i$e$ not )y !oters directly )ut )y an electoral college "hose electors are chosen )y the !oters of the state$ In other "ords, !oters in each state select a slate of electors from a list of se!eral slates designated )y different political parties and those electors promise in ad!ance to !ote for presidential candidates of those political parties$

HICE.->ESIDE/T
The Hice -resident is the second.highest e,ecuti!e official in ran' of the go!ernment$ The Hice -resident )ecomes -resident upon the death, resignation, or remo!al of the -resident$ Under the Constitution, the Hice -resident is e,.officio -resident of the Senate$ By !irtue of this role, he or she is the head of the Senate$ In that capacity, the Hice -resident is allo"ed to !ote in the Senate, )ut only "hen necessary to )rea' a tie !ote$ Due to the 08th Amendment, the Hice -resident presides o!er the <oint session of Congress$

C /B>ESS

It has t"o cham)ers =ouse of >epresentati!e Senate

- &E>S

4 C /B>ESS These include

the po"ers to le!y and collect ta,esP to coin money and regulate its !alueP pro!ide for punishment for counterfeiting and felonyP esta)lish post offices and roadsP create federal courts inferior to the Supreme CourtP declare "ar, raise and support armies, pro!ide and maintain a na!y, ma'e rules for the regulation of land and na!al forces, pro!ide for, arm and discipline the militiaP 5a'e la"s necessary to properly e,ecute these po"ers$

The po"ers of Congress are limited to those enumerated in the ConstitutionP all other po"ers are reser!ed to the states and the people I5-EAC=5E/T 4 4EDE>AJ 44ICE>SCongress has the po"er to impeach the -resident, federal <udges, and other federal officers from office$ Both houses ha!e separate roles in this process$ The =ouse of representati!e must first !ote to impeach the official$ Then, a trial is held in the Senate to decide "hether the official should )e remo!ed from office "hich acts li'e a court$ &hen an Impeachment process in!ol!es a U$S$ -resident, the Chief 6ustice of the United States is re9uired to preside during the Senate trial$ In all other trials, the Hice -resident "ould preside in his capacity as -resident of the Senate$ C /B>ESSI /AJ HE>SIB=Tthis is near similar to the "or' done )y

standing and )usiness committees in India e,cept Congress is more po"erful and does "ide !ariety of functions$ Congressional o!ersight is intended to pre!ent "aste of resources and fraud, to protect ci!il li)erties and indi!idual rights and ensure e,ecuti!e compliance "ith the la"$ It applies to ca)inet departments, e,ecuti!e agencies, regulatory commissions and the presidency$

= USE

4 >E->ESE/TATIHES It is the lo"er house of the

Congress$ The =ouse consists of 2AI mem)ers, each of "hom represents a congressional district$ The num)er of representati!es each state has in the =ouse is )ased on each state(s population, unli'e senateP here proportional representation has )een follo"ed$

EJECTI / the 9ualifications for )eing elected as the mem)er An indi!idual must )e at least 8I years of age, and must ha!e )een a U$S$ citi;en for at least 3 years standing$ Each representati!e is elected for period of 8 years$ In addition to the 2AI !oting mem)ers, there are 7 non.!oting mem)ers, consisting of I delegates and one resident commissioner$ There is one delegate each from the District of Colum)ia, Hirgin Islands, Buam, American Samoa and the Common"ealth of the /orthern 5ariana Islands, and the resident commissioner from -uerto >ico$

S-ECIAJ - &E>S All legislati!e )ills for raising re!enue must originate in the =ouse of >epresentati!es$

B$

SE/ATE It is the upper house of American Congress$ Though

unli'e upper houses of other countries, Senate is co.ordinate and co. e9ual "ith =ouse of >epresentati!es and , in addition, !ested "ith imp special po"ers$

EJECTI / The Constitution empo"ers the Senate Qto be the %udge of the elections, returns and &ualification of its members#$ Senate has 0:: mem)ers from I: states (I:R8) "ith 0EA of mem)ers retiring e!ery 8 years$ Until the 03th amendment to US constitution in 010A, senators "ere elected )y state legislatures and not )y electorate of the states$ Each senator is elected for 7 years$ The 9ualifications for )eing a senator an indi!idual should )e at least A: years of age, must )e a citi;en of USA of 1 years standing and must )e the inha)itant of the state from "hich he is elected$ The Senate can )y ma<ority !ote refuse to allo" a duly elected mem)er from ta'ing his seat$

S-ECIAJ - &E>S the Senate must gi!e Fad!ice and consentF to many important -residential appointments, including ca)inet officers, federal <udges (including nominees to the Supreme Court), department secretaries (heads of federal e,ecuti!e )ranch departments), U$S$ military and na!al officers, and am)assadors to foreign countries

(UP E#E C,U -

Supreme Court of US en<oys immense prestige and the people of America ta'e pride in calling it Sthe most august tri)unal on earthT$ Its position as the final interpreter of the constitution has come to )e uni!ersally accepted and through the e,ercise of this po"er, the SC acts as an umpire of constitutional conflicts and as the protector of the

4I/AJ I/TE>->ETE>

4 T=E C /STITUTI / SC has assumed

the position of final interpreter of constitution and it is on the )asis of this position that the SC has )uilt up the Doctrine of Judicial Supremacy. This position of SC has ne!er )een successfully challenged$

6UDICIAJ >EHIE& The practice of <udicial re!ie" ... is the most

important function and Qdistincti!e attri)ute# of the SC$ 6udicial >e!ie" is the right of SC and also of su)ordinate federal courts to e,amine the la"s passed )y the federal U state legislatures "ith a !ie" to determining "hether or not they are in consonance "ith constitution of US$ If SC feels that a la" under e,amination contra!enes any pro!ision, it declares the la" ultra !ires and unconstitutional$ 6udicial >e!ie", it should )e remem)ered, does not only apply to federal U state statutes$ It has a "ider scope and co!ers the constitution of states, treaties made )y federal go!t and e,ecuti!e orders issued )y federal U state e,ecuti!e authorities$ The 6udiciary Act of 03O1 su)di!ided the nation <urisdictionally into <udicial districts and created federal courts for each district$ The three tiered structure of this act esta)lished the )asic structure of the national <udiciary% the Supreme Court, 0A courts of appeals, 12 district courts )ut Congress retains the po"er to re.organi;e and e!en a)olish federal courts lo"er than the SC under the act$

C 5-A>ISI / SKSTE5S$
4EATU>ES

BE&

I/DIA.USA#s

- JITICAJ

I/DIA

USA

I/4E>E/CES(if any)

Type of system

-resident

Guasi.federal stateEUnitary State "ith 4ederal features /ominal =ead

4ederal State

>eal =ead

&hile in Indian president is a ru))er stamp of go!t, US president is Chief.e,ecuti!e of go!t$ -5 in parliamentary democracy "ith ma<ority in )oth houses can )e more po"erful (can do "hate!er he "ants) than US president$

Hice.-resident -rime 5inisterE ther

Kes >eal =ead

Kes /o

-olity 4orm of Bo!ernment Jo"er =ouse

Democratic >epu)lic -arliamentary system Jo' Sa)ha

Democratic >epu)lic -residential system =ouse of >epresentati!e Senate Kes, through Constitutional pro!isions and Ci!il >ights Act$ The Supreme Court of US is independent of E,ecuti!e interference$ 6udicial Supremacy is

Upper =ouse Ci!il U -olitical >ights

>a<ya Sa)ha Kes, through -A>T III of Indian Constitution Supreme Court is independent of E,ecuti!e interference$ 6udicial >e!ie" is e,ercised )y Supreme Court

Jo' Sa)haN=ouse of >epresentati!es, in its functions SenateN>a<ya Sa)ha, in its functions$

6udiciary

SC of India su)ordinates all =igh Courts )ut SC of US e,ercise lesser control o!er State Supreme Courts$

U =igh Court

follo"ed$

SSC are the final authority on the interpretation of the applica)le state(s la"s and state(s Constitution (dual sovereignty)$

Constituent States

Indian states are semi. autonomous "ith a)ility to ma'e independent la"s "ith regard to state list and concurrent list BUT to limit all this Union go!t has Bo!ernors, Art$821, 8I: U AI7$

Ci!il Ser!ice -arty Systems

-olitically neutral SofficiallyT 5ulti.-arty System

In US, Each state has its o"n "ritten constitution, and code of la"s$ The 0:th Amendment to the US Constitution prohi)its the federal go!ernment from e,ercising any po"er not delegated to it )y the States in the Constitution (fully autonomous)$ -olitically neutral institution Though not pro!ided in the Constitution, in practice Two 'arty #ystem pre!ails, "ith some other parties "ith relati!ely minor representation$

UNI-E. /IN!.,# ,+ ! EA- ' I-AIN 0 N, -1E N I ELAN.

U* has a Constitutional 5onarchy and unitary democracy$ It has no &ritten Constitution$ Its go!ernment is 'no"n as =er 5a<esty#s Bo!ernment$ It functions through Un"ritten Constitution "hich is sum total of =istorical &ritten Ja"s, Court 6udgements, parliamentary constitutional con!entions and Treaties$ Under the un"ritten British constitution, e,ecuti!e authority lies "ith the monarch, although this authority is e,ercised only )y, or on the ad!ice of, the -rime 5inister and the Ca)inet$ In U*, -arliament is QSupreme la" ma'ing )ody# and Courts don(t e)ercise *udicial +eview o!er la"s passed )y the -arliament hence Q-arliamentary Supremacy#$ ne conse9uence of the principle of parliamentary so!ereignty is that there is no hierarchy among Acts of -arliament% all parliamentary legislation is, in principle, of e9ual !alidity and effecti!eness unli'e India, "here Constitutional la" N non.Constitutional la"$

>UJE 4 JA& The protector of people#s li)erties in U* is >ule of Ja"$ As a )asic principle of British Constitutional System, the rule of la" means that the e,ercise of po"ers of go!t shall )e conditioned )y la" and that the su)<ect shall not )e e,posed to ar)itrary "ill of his rule$ That is to say, no man can )e punished or made suffer in )ody or goods (imprisoned or fined) e,cept if it is esta)lished in the ordinary legal manner and )efore the court of la" that he is

guilty of a )reach of la"$

EGUAJITK BE4 >E JA& It implies that no one is a)o!e the la"$ &ith the sole e,ception of 5onarch "ho Scan do no "rongT, e!eryone in U*, "hether the -5 or Consta)le is under same responsi)ility for e!ery act done "ithout legal <ustification$ This rule is su)<ect to certain e,ceptions$

U/ITA>K STATE The U* includes 2 countries% England, &ales, Scotland and /orthern Ireland )ut it is a unitary state and though Scotland, &ales and /orthern Ireland ha!e legislatures and e,ecuti!es, the authority of all these )odies are dependent on Acts of -arliament and that they can )e a)olished at the "ill of the -arliament of the United *ingdom$ England and &ales share the same legal system, "hile Scotland and /orthern Ireland )oth has its o"n distinct legal system$

?But "hat is unitary state+ In unitary state, the ultimate authority and control o!er all affairs of the go!t and administration rests with the central govt , "hich may create such pro!inces U su).di!isions for the sa'e of administrati!e con!enience and confer upon them such po"ers as it deems fit$@

#,NA C12 ,+ -1E UNI-E. /IN!.,#

The British So!ereign has no effecti!e or real po"ers$ She has that glory that )elongs to a hereditary monarch$ She "ears the cro"n on great official occasions$ But there is no po"er )ehind her glory and dignity$ She reigns "ut does not rule. In all her official functions, she acts on the advice of council of

ministersP "hich means after all, that she has to do "hat they tell her to do$ She may e,ercise her right Sto )e informed, to encourage and "arnT$ This is 'no"n as +oyal 'rerogative$ The So!ereign ad!ices and minister decides$ /o British So!ereign since ,ueen -ictoria (./01) has made a serious effort to ta'e a direct hand in administration$ The So!ereign(s role as a constitutional monarch is largely limited to non. partisan functions, such as granting honours, performance of opening ceremonies and holding receptions emissaries$

- &E>S She e,ercises 8 types of po"ers$

I/TE>/AJ These include po"er to.

dismiss and appoint a -rime 5inister U other ministersP summon and prorogue -arliamentP grant or refuse >oyal Assent to )ills (ma'ing them !alid and la")P appoint mem)ers to the Gueen(s CouncilP command the Armed 4orces of the United *ingdomP grant -rerogati!e of mercyP create corporations !ia >oyal CharterP Appoint )ishops and arch)ishops of the Church of England$

EVTE>/AJ These include po"er to.

ratify and ma'e treatiesP declare &ar and -eaceP deploy the Armed 4orces o!erseasP

As in the case of Indian -resident, British So!ereign e,ercises all of this po"er "ith the advice of council of ministers $

!,3E N#EN- of the U/

=er 5a<esty(s Bo!ernment is the central go!ernment of the U*$ As in India, the Bo!ernment is led )y the -rime 5inister, "ho selects all the other 5inisters of the Ca)inet$ In accordance "ith constitutional con!ention, all ministers "ithin the go!ernment are either 5em)ers of -arliament or peers in the =ouse of Jords$ The e,ecuti!e authority lies "ith the monarch, although this authority is e,ercised only )y, or on the ad!ice of, the -5 and the Ca)inet$ The Bo!ernment is re9uired )y con!ention to maintain the confidence of the =ouse of Commons$

P I#E #INI(-E

,+ U/

-5 is appointed )y the 5onarch $ The most important po"er still personally e,ercised )y the 5onarch is the choice of "hom to appoint -rime 5inister, this is done, in the case of hung -arliament, after negotiations and usually leader of party "ith most no$ of seats in =ouse of Commons is chosen$ -5 is the de facto leader of =er 5a<esty(s Bo!ernment, and e4ercises e4ecutive functions that are nominally vested in the sovereign5

PA LIA#EN- ,+ U/ N, -1E N I ELAN.

,+

! EA-

' I-AIN

British -arliament is the supreme legislati!e )ody in the U*$ It has )een called Qthe mother of parliaments#, its democratic institutions ha!ing set the standards for many democracies throughout the "orld including India$ In theory, supreme legislati!e po"er is !ested in the Gueen.in. -arliament )ut in practice, real po"er is !ested in the =ouse of Commons since the =ouse of Jords is su)ordinate to Commons$ >oyal Assent of the 5onarch is re9uired for all Bills to )ecome la"$ ?As in India, -arliamentC -resident + Jo' Sa)ha + >a<ya Sa)ha$ British -arliament C the 5onarch+ the =ouse of Jords + the =ouse of Commons$@ Dissolution of parliament the 4i,ed.term -arliaments Act 8:00, remo!ed the >oyal -rerogati!e to dissol!e -arliament$ /o" Dissolution of parliament occurs only "hen British -5 loses !ote of confidence or 8EA of the mem)ers of the =ouse of Commons !ote to hold an early election$ After each -arliament dissol!es, the Cro"n issues "rits to hold a general election and elect ne" mem)ers of the =ouse of Commons )ut mem)ership of the =ouse of Jords does not change due to dissolution$

It has t"o cham)ers

=ouse of Commons =ouse of Jords

4U/CTI /S

4 B>ITIS= -A>JIA5E/T

Ja"s are made )y the U* -arliament$ A )ill can )e introduced )y any mem)er of either =ouse, )ut usually a )ill is introduced )y a 5inister of the Cro"n$ The =ouse of Jords neither initiate nor de)ate financial )ill$

A )ill introduced )y a 5inister is 'no"n as a FBo!ernment BillFP and one that is introduced )y another mem)er is called a F-ri!ate 5em)er(s BillF$ -arliamentary procedure of passing )ills is a)out similar to India e,cept the institution of Spea'er of =ouse of Commons$

= USE

4 C 55 /SThe British =ouse of Commons is

the oldest SpopularT legislati!e )ody in the "orld$ The =ouse consists of 7I: 5-s each of "hom represents a parliamentary constituency$

EJECTI /S. The 9ualifications for )eing elected as the mem)er

S-ECIAJ - &E>S The =ouse of Commons is legally omnipotent cham)er$ 4inancial )ills can only )e initiated, de)ated and passed in Commons$ All legislation must )e passed )y the =ouse of Commons to )ecome la" and it controls ta,ation and the supply of money to the go!ernment$ Bo!ernment ministers (including the -5) must regularly ans"er 9uestions in the =ouse of Commons$

S-EA*E> The =ouse of Commons transacts its )usiness "ith the

Spea'er on the chair$ The Spea'er, presiding officer of the house, holds one of Sthe most honoura"le6 dignified and onerous offices in the worldT$ SheEhe is elected )y the =ouse of Commons$ Unli'e India, upon his election to the chair, he cuts his party affiliations and )ecomes em)odiment of impartiality$ =e controls the de)ate and maintains order in the house$ =e is the guardian of the rights and li)erties of the =ouse of Commons$ =e is nominated )y the go!t of the day )ut "hile in office, they act "ith strict impartiality$

= USE

4 J >DS The =ouse of Jords is the cham)er

that is su)ordinate to the =ouse of Commons$ The Jords currently has around OA: 5em)ers$ =istorically Jords performed <udicial functions as highest court of the land )ut the Constitutional >eform Act 8::I a)olished of the <udicial functions of the =ouse of Jords "ith the creation of the ne" Supreme Court of the United *ingdom in cto)er 8::1$

EJECTI /S The house consists of t"o !ery different types of mem)er, the Jords Temporal and Jords Spiritual$ Jords Temporal these includes 8 types . appointed mem)ers (life peers "ith no hereditary right for their descendants to sit in the house as oppose to hereditary peers,) appointed )y Cro"n on aid and ad!ice of ca)inet, their num)er is !aria)le and 18 remaining hereditary peers, elected from among, and )y, the holders of titles "hich pre!iously ga!e a seat in the =ouse of Jords$

Jords Spiritual these represents the esta)lished Church of England and are 87 in num)er% the 4i!e Ancient Sees (Canter)ury, Kor', Jondon, &inchester and Durham), and the 80 ne,t.most senior )ishops$

- &E>S All )ills e,cept money )ills are de)ated and !oted upon in =ouse of Jords$ The =ouse of Jords acts to re!ie" legislation passed )y the =ouse of Commons, "ith the po"er to propose amendments, and can e,ercise a temporary !eto$ This allo"s it to delay legislation if it does not appro!e it for 08 months ()y !oting against a )ill, the =ouse of Jords can only delay it for a ma,imum of t"o parliamentary sessions o!er a year)$ After this time, the =ouse of Commons can force the Bill through, "ithout the Jords( consent under the -arliament Acts$ Usually go!ernments accept changes in legislation in order to a!oid the time delay$ The =ouse of Jords cannot !eto ma<or manifesto promises (Salis)ury con!ention)$ =o"e!er the Jords still retain a full !eto in acts "hich "ould e,tend the life of -arliament )eyond the I year term limit$

*U.ICIA 2 ,+ U/

The <udiciary of U* is not unified$ Each of the separate legal systems in England and &ales, Scotland and /orthern Ireland has their o"n <udiciary$ =o"e!er, the <udges of the Supreme Court of the U* do ha!e a <urisdiction o!er "hole of the United *ingdom$ SC is headed )y the -resident and Deputy -resident of the Supreme Court and is composed of a further 0: 6ustices of the Supreme Court$ Unli'e other functional democracies, SC of U* doesn#t e,ercise <udicial re!ie" o!er the la" passed )y parliament$

C 5-A>ISI / SKSTE5S$
4EATU>ES Type of system

BE&

I/DIA.U*#s

- JITICAJ

I/DIA Guasi.federal stateEUnitary

U* Unitary State "ith

I/4E>E/CES(if any)

-residentE5onarch Hice.-resident -rime 5inisterE ther -olity Bo!ernment

State "ith 4ederal features /ominal =ead Kes >eal =ead Democratic >epu)lic -arliamentary system

Constitutional 5onarchy /ominal =ead /o >eal =ead Democratic 5onarchy -arliamentary system

Jo"er =ouse

Jo' Sa)ha

=ouse of Commons

Upper =ouse

>a<ya Sa)ha

=ouse of Jords

Spea'er of =ouse of Commons is much more po"erful and efficient in maintaining order in the house than Jo' Sa)ha Spea'er$ U* )eing a unitary state, =ouse of Commons N Jo' Sa)ha, in its functions$ >a<ya Sa)ha C =ouse of Jords, regarding financial )ills in some respects )ut >a<ya Sa)ha N =ouse of Jords regarding non.money )ills$

Ci!il U -olitical >ights

6udiciary

Kes, through -A>T III of Indian Constitution Supreme Court is independent of E,ecuti!e interference$ 6udicial >e!ie" is e,ercised )y Supreme Court U =igh Court

Kes, through >ule of Ja" SC of U* doesn#t e,ercise <udicial re!ie" o!er the la" passed )y parliament SC of India N SC of U*, in its functions$

Constituent States

Indian states are semi. autonomous "ith a)ility to ma'e independent la"s "ith regard to state list and concurrent list BUT to limit all this Union go!t has Bo!ernors, Art$821, 8I: U AI7$ -olitically neutral SofficiallyT 5ulti.-arty System

Ci!il Ser!ice

-arty Systems

In U*, de!olution of po"ers has ta'en place, )ut Jegislation creating de!ol!ed parliaments or assem)lies can )e repealed or amended )y central go!ernment in the same "ay as any ordinary statute$ a permanent politically neutral organisation T"o.-arty System

EPU'LIC ,+ + ANCE
4ifth >epu)lic of 4rance is a democratic repu)lic, in "hich the -resident of 4rance is head of state and the -rime 5inister of 4rance is the head of go!ernment$ The <udiciary is independent of the e,ecuti!e and the legislature$

P E(I.EN- ,+

EPU'LIC ,+ + ANCE

The -resident of the 4rance is the head of state$ =e is also supreme commander.in.chief of the 4rench Armed 4orces and the e, officio Co. -rince of Andorra$ =e is the guarantor of national independence, territorial integrity and o)ser!ance of treaties$ =e en<oys "ide range of po"er$ =e has the po"er to choose the -rime 5inister$ =o"e!er, since the /ational Assem)ly has the sole po"er to dismiss the -5(s go!ernment, the president has to name a prime minister "ho can command the support of a ma<ority in the assem)ly$ =e cannot dismiss -5$ The 4rench -resident "ields significant influence especially in the fields of national security and foreign policy$ T=E> - &E>S The -resident may% Dissol!e the 4rench /ational Assem)lyP >efer treaties or certain types of la"s to popular referendum, "ithin certain conditions$ Brant pardon to con!icted criminals$ =e names and dismisses the other ministers, "ith the agreement of the -rime minister$ =e presides o!er the Council of 5inisters$ =e nominates certain mem)ers of the Constitutional Council$ All decisions of the president must )e countersigned )y the -rime minister and, "here re9uired, )y the appropriate ministers$

EJECTI / The -resident is elected directly through uni!ersal suffrage for I years$ A president cannot ser!e more than t"o consecuti!e terms$ To )e admitted as an official candidate, potential candidates must recei!e signed nominations from more than I:: elected officials (from 2I,:::+ elected officials)$ These officials must )e from at least A: departments, and no more than I: officials should )e from the same department$ Each official may nominate only one candidate$

4rench presidential elections are conducted through t"o )allot system or run.off !oting "hich ensures that the elected -resident al"ays o)tains a ma<ority$ If no candidate recei!es a ma<ority of !otes in the first round of !oting, the t"o highest.scoring candidates arri!e at a run.off and the candidate "ho gets more than I:W of !ote is elected$ =e can )e impeached )y the =igh Court.a special court con!ened from )oth houses of -arliament on the proposal of either =ouse, if the president fails to discharge his duties in a la"ful manner$

->I5E 5I/ISTE>
The -rime 5inister of 4rance is the head of go!ernment$ The -5 directs the actions of the go!ernment U conduct the policy of the /ation$ In practice, the -5 acts on the ad!ice of the -resident to "hom he is a su)ordinate, e,cept "hen there is cohabitation in "hich case his responsi)ilities are a'in to those of a -5 in a parliamentary system$ ?C =ABITATI / &hen the ma<ority of the Assem)ly don#t agree "ith the president, this leads to cohabitation$ If this happens, the president(s po"er is diminished (only those po"ers "hich are to )e e,ercised through -5 !is.a.!is /ational Assem)ly), as much of the de facto po"er relies on a supporti!e -5 and /ational Assem)ly, and is not directly attri)uted to the post of president$ &hen the ma<ority of the Assem)ly sides "ith him, the -resident can ta'e a more acti!e role and may, in effect, direct go!ernment policy$ &hen the president and the prime minister come from opposing parties, the president is responsi)le for foreign policy and the prime minister for domestic policy$ &hen -5 + -residentCsame political party -resident is )oss$ ther"ise, coha)itation 2 sharing of po"er )E" -resident and -5$@ EJECTI / The -rime 5inister is appointed )y the -resident of the >epu)lic$ =e has no fi,ed term, remains in office "hile commanding the confidence of the /ational Assem)ly and the -resident of the >epu)lic$

PA LIA#EN- ,+ + ANCE

The -arliament of 4rance has a )icameral legislature, consists of t"o houses% /ational Assem)lyP Senate$

Unli'e the -resident of India, the 4rench -resident under the Constitution of 01IO is not the component part of -arliament$ The po"ers of )oth houses are a)out same e,cept the /ational Assem)ly can cause a go!ernment to fall if an a)solute ma<ority of the total Assem)ly mem)ership !otes a censure motion$ -arliament meets for one 1 month session e!ery year and under special circumstances, the -resident can call an additional session$ As in India, the ca)inet has a strong influence in shaping the agenda of -arliament$ JEBISJATIHE -> CEDU>E Bills may )e introduced in either of the houses of -arliament, e,cept for finance )ills "hich must )e su)mitted and read first in /ational Assem)ly$ The legislati!e initiati!e is e,ercised concurrently )y the go!ernment and mem)ers of -arliament )ut pri!ate mem)ers# )ill cannot increase the financial load of the state "ithout pro!iding for funding$ All )ills must undergo compulsory ad!isory re!ie" )y the highest administrati!e court, the Council of State )efore )eing su)mitted to parliament$ If both houses don(t choose to adopt the te)t identically, it is sent before a commission made of e&ual numbers of members of both houses, which tries to harmoni!e the te)t. If it doesn(t manage to do so, the 3ational $ssembly can vote the te)t and have the final say on it" however laws related to the composition of the #enate cannot be voted in this manner$

The )ill is then sent to the -resident for signature$ At this point, The -resident of 4rance, the spea'er of either house or a delegation of 7: deputies or 7: senators can as' for the te,t to undergo constitutional re!ie" )efore )eing put into forceP it is then sent )efore the Constitutional Council$ The -resident can also, only once per la" and "ith the countersigning of the -rime minister, send the la" )ac' to parliament for another re!ie"$ ther"ise, the -resident must sign the la", after )eing countersigned )y the -rime minister and the concerned ministers$

The po"er to dissol!e -arliament )elongs to the -resident of the repu)lic$ =e can dissol!e the Assem)ly at any time and for any reason solely at his discretion$ There is only one limitationP he cannot dissol!e it t"ice "ithin the same year$

/ATI /AJ ASSE5BJK The /ational Assem)ly has I33

mem)ers, these are 'no"n as Deputies$

EJECTI / Deputies are directly elected for I year term through direct elections (single.mem)er constituency through a two round system)$ ?&hat is a t"o.round system+ To )e elected in the first round of !oting, a candidate must o)tain at least I:W of the !otes polled, "ith a turn.out of at least 8IW of the registered !oters$ If no candidate is elected in the first round, those "ho poll in e,cess of 08$IW of the registered !oters in the first.round !ote are entered in the second round of !oting$ In the second round, the candidate "ho recei!es the most no$ of !otes is elected$@ GUAJI4ICATI /S one must )e at least 8A years oldP of 4rench citi;enship, and

/ot su)<ect to a sentence of depri!ation of ci!il rights or to personal )an'ruptcy$

The leader of ma<ority party is chosen as the -5$ the /ational Assem)ly may force the resignation of the ca)inet )y !oting a censure motion$ =o"e!er, party discipline +no horse trading ensure that, go!ernment completes a parliamentary term of I years$

4>E/C= SE/ATE The Senate has A2O seats$ The senators elect
a -resident from among their mem)ers$

EJECTI /S Senators are chosen )y indirect election through an electoral college of a)out 02I,::: local elected officials for I year term, and 0EA of the Senators retire e!ery three years$ GUAJI4ICATI /S Same as that of representati!es e,cept age must )e AI years$

*U.ICIA 2 ,+ + ANCE

6udiciary of 4rance is independent and doesn#t control )y the other t"o )ranches of go!ernment$ The most significant feature of the 4rench <udicial system is that it is di!ided into <udicial and administrati!e streams$

6UDICIAJ C U>TS The <udicial courts ad<udicates ci!il U criminal cases$ The <udicial court stream consists of % Inferior courts, Intermediate appellate courts, and The 4rench Supreme Court$

6udges ha!e security of tenure and may not )e promoted or demoted "ithout their consent$ Their careers are o!erseen )y the *udicial 4ouncil of 5rance.

AD5I/IST>ATIHE C U>TS Administrati!e courts ad<udicate on claims and suits against go!ernment offices and agencies$ The administrati!e stream is made up of%

Administrati!e courts, Courts of Administrati!e Appeal, and The Council of State$

The Council of State acts )oth as legal ad!iser to the go!t and as the Supreme Court for administrati!e <ustice$ It is the court of last resort, it hears cases against e,ecuti!e decisions and has the po"er to 9uash or set aside e,ecuti!e.issued statutory orders and regulations "hen they !iolate constitutional la", enacted la"$ ?/either <udicial nor administrati!e courts are empo"ered to rule on the constitutionality of acts passed )y -arliament$@

C /STITUTI /AJ C U/CIJ 4 4>A/CE Constitutional Council of 4rance does the same "or' of <udicial re!ie" o!er Constitutionality of the legislati!e acts as the SC of India$ =o"e!er, this is done in different manner altogether$ This is done )y CC4 prior to their enactment, to all forms of la", )ut only after referral from the 4rench -resident, -resident of the Senate, -resident of the /ational Assem)ly, the -rime 5inister, or any of the 7: senators or 7: assem)ly mem)ers$ After their enactment, CC4 e,ercise re!ie" after referral from 4rench Supreme Court or the Council of State$

C 5-A>ISI / SKSTE5S$

BE&

I/DIA.4>A/CE#s

- JITICAJ

4EATU>ES Type of system

I/DIA

4>A/CE

I/4E>E/CES(if any)

-resident

Hice.-resident -rime 5inister -olity Elections Jo"er =ouse Upper =ouse Ci!il U -olitical >ights

6udiciary

Guasi.federal Unitary stateEUnitary >epu)lic State "ith 4ederal features /ominal =ead >eal =ead &hile in India unless pres$ is a ru))er Coha)itation$ stamp of go!t, 4rench pres$ is effecti!e head of go!t$ Kes /o >eal =ead /ominal =ead Indian unless -5N4rench -5, Coha)itation$ in its functions$ Democratic Democratic >epu)lic >epu)lic -arliamentary Semi. system -residential system Jo' Sa)ha /ational Assem)ly >a<ya Sa)ha 4rench Senate Kes, through Kes, through -A>T III of the 03O1 Indian Declaration of Constitution the >ights of 5an and of the Citi;en Supreme Court Di!ided into 8 is independent streams% of E,ecuti!e <udicial and interference$ administrati!e. 6udicial >e!ie" independent of is e,ercised )y E,ecuti!e and Supreme Court legislati!e U =igh Court interference$ 6udicial >e!ie" is e,ercised )y Constitutional Council of

Constituent States

Ci!il Ser!ice

-arty Systems

4rance$ Indian states Administrati!e are semi. Units are semi. autonomous autonomous "ith a)ility to ma'e independent la"s "ith regard to state list and concurrent list BUT to limit all this Union go!t has Bo!ernors, Art$821, 8I: U AI7$ -olitically 4rench ci!il neutral ser!ice are SofficiallyT open to citi;ens of the European Union e,cept police and <ustice$ -olitically and religiously neutral$ 5ulti.-arty 5ulti.-arty System System

+E.E AL

EPU'LIC ,+ !E #AN2

Bermany is a federal parliamentary repu)lic$ The <udiciary is independent of the e,ecuti!e and the legislature$ The Constitution pro!ides for protection of =uman rights and dignity, repu)licanism, Democracy and 4ederalism$ These are Basic Ja" of the Constitution

(eternity clause) and these cannot )e remo!ed or repealed )y the normal amendment process and re9uire a)solute t"o.thirds ma<ority of the Bundestag along "ith a simple t"o.thirds ma<ority of the Bundesrat$ ?A)solute t"o.thirds ma<ority8EA ma<ority of all elected mem)ers Simple t"o.thirds ma<ority 8EA ma<ority of all mem)ers present and !oting@ The Constitution pro!ides for referendums for delimitation of the e,isting federal territory$ ?The process of referendum is e,plained in S"it;erland@ 4ederal legislati!e po"er is di!ided )et"een the Bundestag and the Bundesrat$ The Bundestag is directly elected )y the Berman people, "hile the Bundesrat represents the regional states (Jander)$ The federal legislature has po"ers of e,clusi!e <urisdiction and concurrent <urisdiction "ith the states in areas specifically enumerated )y the constitution$

P E(I.EN- ,+ !E #AN2

The -resident of Bermany is the head of state of Bermany$ As in India, the -resident has mainly ceremonial and super!isory duties$ (But he is not the commander.in.chief of the military$ In times of peace the 5inister of Defence and in times of "ar 4ederal Chancellor) 4U/CTI /S the -resident% -roposes an indi!idual to )e the Chancellor and after that indi!idual is su)se9uently elected )y the Bundestag appoints hisEher as 4ederal Chancellor, )ut Bundestag is free to disregard the president(s proposal and elect another indi!idual to the post, "hom the president is then o)liged to appoint$ Appoints and dismisses the remaining mem)ers of the Ca)inet upon the proposal of the Chancellor$

Dismiss the Chancellor, )ut only after the Bundestag passes a Hote of /o Confidence and appoints the successor re9uested )y the Bundestag$ Dissol!e the Bundestag If the Bundestag elects an indi!idual for the office of chancellor )y a plurality of !otes and not )y ma<ority, the president can, either appoint that indi!idual as chancellor or dissol!e the Bundestag and call for a ne" election(in case of hung parliament)$ If Hote of Confidence is defeated in the Bundestag, and the incum)ent chancellor proposes dissolution, then he may, at his discretion, dissol!e the )ody "ithin 80 days$

Appoints federal <udges, federal ci!il ser!ants and military officers, these appointments must )e countersigned )y the Chancellor or responsi)le 5inister$ 5ust sign all federal la"s as to ma'e them come into effect )ut if he thin's them to )e !iolati!e of constitution, he can refuse to sign them$

EJECTI / the president is elected for a term of I years through indirect election )y secret )allot (as in India), )y the 4ederal Con!ention, the con!ention consists of all Bundestag mem)ers as "ell as an e9ual num)er of delegates chosen )y the legislatures of the Jander (states)$ The delegates of each state are elected )y the mem)ers of the state legislature under a form of proportional representation$ The con!ention must )e con!ened A: days )efore the e,piration of the term of office of the current president$ The con!ention is con!ened and chaired )y the -resident of the Bundestag$ The president is elected )y an a)solute ma<ority of !otes cast$ If, after t"o !otes, no single candidate has recei!ed this le!el of support, in the third and final !ote the candidate endorsed )y a plurality of !otes cast is elected$ GUAJI4ICATI /S the president must )e

A Berman Citi;enP At least 2: years of ageP Entitled to !ote in Bundestag elections$

I5-EAC=5E/T The -resident can )e impeached )y the Bundestag or Bundesrat for "ilfully !iolating Berman la"$ nce the Bundestag impeaches the president, the 4ederal Constitutional Court is charged "ith determining if he or she is guilty of the offence$ If the charge is pro!ed, the court has authority to remo!e the president from office$

+E.E AL C1ANCELL,

,+ !E #AN2

The 4ederal Chancellor is the head of go!ernment of Bermany$ She has the right to set the guidelines for all policy areas including foreign and domestic policy. The role is generally compara)le to that of -rime 5inister in other parliamentary democracies li'e India$ The Ca)inet is the chief e)ecutive body of Bermany and the 4ederal Bo!ernment includes the Chancellor and his or her ca)inet ministers$ She is the leader of the party or coalition holding a ma<ority of seats in the Bundestag (federal parliament)$ The Chancellor is responsi)le for guiding the ca)inet and deciding its policy direction$ The ca)inet ministers are free to carry out their duties independently "ithin the )oundaries set )y the Chancellor(s political directi!es$ SEJECTI / The Chancellor is elected )y the Bundestag after )eing proposed )y the -resident$ If elected, the Chancellor is appointed )y the -resident for 2 years$ The ministers are appointed and dismissed )y the -resident upon proposal of the Chancellor$ DIS5ISSAJ the Chancellor can )e remo!ed )y constructive vote of no confidence, i$e$ Unli'e India "here only !ote of no confidence has to )e

passed, the Bundestag, "hile passing !ote of no confidence must simultaneously agree on a successor$

'UN.E(-A!

Constitutionally, the Bundestag is the main )ody of Bermany(s -arliament, "hich is not a )icameral parliament$ In practice, the country is go!erned )y a )icameral legislature i$e$ Bundestag + Bundesrat$ Ji'e other parliamentary democracies, the Bundestag elects the Chancellor and e,ercises o!ersight on go!t on issues of )oth policy and routine administration$ This can )e done through )inding legislation, pu)lic de)ates on go!ernment policy, in!estigations, and 9uestioning of the chancellor or ca)inet officials$ Ji'e India, most of the legislati!e "or' in the Bundestag is the product of standing committees$ The meetings of Bundestag are chaired )y -resident of the Bundestag$ EJECTI / The 5em)ers of Bundestag are elected for a term of 2 years and currently consists of 7A: mem)ers "hich are to )e chosen through 6i)ed 6ember 'roportional (55-) electoral system$ ?But "hat is 5i,ed 5em)er -roportional (55-) electoral system+ 55- is an indigenous electoral system of Bermany, half of the 5em)ers of the Bundestag are elected directly from 811 constituencies through first.past.the.post system, the other half are elected through the party list system in such a "ay as to achie!e as much possi)le, proportional representation for the total Bundestag@$ Each !oter !otes t"ice in the elections to the Bundestag$ As per 03 th Bundestag elections 8:0A, 811 "ere elected through direct !ote (this is fi,ed) and AA0 "ere elected through party list system (this is !aria)le)$ -A>TK JIST SKSTE5 Under party list systems, !oters in an electoral constituency choose from among a group of candidates put for"ard )y the !arious parties contesting an election$ &hen the !otes are tallied, each party is entitled to seat the no$ of mem)ers from its list that corresponds to its share of popular !oteP for e,ample, if a gi!en party o)tains A:W of the !ote, then it "ould send A out of 0: candidates to

the legislature and those A "ould )e chosen in order in "hich candidates# name appears on the list@ 4urther, those parties "hich recei!e IW of total national !ote or "in at least three directly elected seats are eligi)le for non.constituency seats in the Bundestag$ This "as done to prevent political fragmentation and strong minor parties. GUAJI4ICATI / all candidates must )e% Citi;ens of 4ederal >epu)lic of BermanyP 0O years of age$

'UN.E( A-

The Berman Bundesrat is a constitutional )ody that represents the delegation of 07 4ederal States (Jander) of Bermany at the national le!el$ fficially, it is not upper house )ut practically it is$ Ji'e most of other upper houses, the Bundesrat plays second fiddle to the BundestagP ho"e!er, it does play a !ital legislati!e role$ EJECTI /the mem)ers of Bundesrat are not elected directly or indirectly, they are sent )y respecti!e state go!ts$ Each delegation has a minister.president and other ca)inet ministers$ The state ca)inet may appoint as many delegates as the state has !otes$ Each state is allocated at least A !otes, and a ma,imum of 7$ All of a state(s !otes are cast en bloc i$e$ out of A mem)er delegation, all A !otes "ould )e cast )y minister.president for or against or in a)stention of a proposal$ - &E>SThe Bundesrat must appro!e all legislation affecting policy areas for "hich the Constitution grants the concurrent po"ers to the Jander$ The Bundesrat can e,ercise absolute veto against constitutional amendment, "hich re9uires an appro!al "ith ma<ority of 8EA of all !otes in Bundesrat and against all other legislations it has a

suspensive veto, "hich can )e o!erridden )y Bundestag )y passing the la" again, )ut this time "ith I:W plus one !ote of all mem)ers and not <ust )y ma<ority of !otes cast$ In case of deadloc' regarding a)solute !eto, the Bundestag, the Bundesrat or the go!ernment can con!ene a <oint committee to negotiate a compromise, this compromise cannot )e amended and )oth cham)ers are re9uired to hold a final !ote on the compromise as it is$ -resident of the Bundesrat The post of the -resident of the Bundesrat rotates annually among the minister.presidents of each of the Jander$ =e con!enes and chairs plenary sessions of the Bundesrat$ If the -resident of Bermany is outside the country, or the position is lying !acant then the -resident of the Bundesrat temporarily assumes the po"ers of the -resident, until a successor is elected$ &hile doing so, he does not continue to e,ercise the role of chair of the Bundesrat$

*U.ICIA 2 ,+ !E #AN2

6udiciary of Bermany is independent and doesn#t control )y the other t"o )ranches of go!ernment The Constitution pro!ides that the <udicial po"er shall )e !ested in the <udges and it shall )e e,ercised )y the 4ederal Constitutional Court, )y the federal courts and )y the courts of the Jander$ The <udiciary is hierarchically integrated$ ?The Berman <udicial system includes I types of courts. rdinary courts, Administrati!e la" courts, Ta, la" courts, Ja)our la" courts and Social la" courts + the 4ederal Constitutional Court Q)ut all of them are not of our concern#@$ 4EDE>AJ C U>T 4 6USTICE the 4ederal Court of 6ustice su)ordinates all of the ordinary courts.local, regional and appellate courts, "hich ad<udicates on ci!il and criminal la" 4EDE>AJ C /STITUTI /AJ C U>T the 4ederal Constitutional Court is the supreme constitutional court esta)lished )y the constitution$

4CC e,ercises the right of 6udicial >e!ie", as li'e SC of India, and it may declare any federal or state la" unconstitutional, if it !iolates constitution, thus ma'ing them ineffecti!e$ The 4ederal Constitutional Court decides on the constitutionality of la"s and e,ecuti!e orders under the follo"ing circumstances% Indi!idual complaint X a suit )rought )y any indi!idual alleging that a la" or any action of go!ernment !iolated his or her constitutional rights$ All possi)le solutions in the regular courts must ha!e )een e,hausted )eforehand$ >eferral )y regular court X a court can refer the 9uestion "hether a statute applica)le to the case )efore that court is constitutional$ A)stract regulation control X the federal go!ernment, a go!ernment of one of the federal states or a 9uarter of the Bundestag(s mem)ers can )ring suit against a la"$

Constitutional amendments passed )y the -arliament are su)<ect to its <udicial re!ie", since they ha!e to )e compati)le "ith eternity clause of the constitution$

C 5-A>ISI / BE& - JITICAJ SKSTE5S$

4EATU>ES Type of system I/DIA

I/DIA.BE>5A/K#s

BE>5A/K

I/4E>E/CES(if any)

-resident

Guasi.federal 4ederal State stateEUnitary State "ith 4ederal features /ominal =ead /ominal =ead

Both Indian U Berman presidents are ru))er stamp of go!t$

Hice.-resident -rime 5inisterE ther

Kes >eal =ead

/o Chancellor>eal head$

-olity Elections Jo"er =ouse Upper =ouse

Democratic >epu)lic -arliamentary System Jo' Sa)ha >a<ya Sa)ha

Democratic >epu)lic -arliamentary system Bundestag Bundesrat

&hile mem)ers of >a<ya Sa)ha are elected through Single Transfera)le Hote System, the deputies of Bundesrat are sent )y go!ts of the states$

Ci!il U -olitical >ights

6udiciary

Kes, through -A>T III of Indian Constitution Supreme Court is independent of E,ecuti!e interference$ 6udicial >e!ie" is e,ercised )y Supreme Court U =igh Court

Constituent States

Ci!il Ser!ice

Kes, through Constitutional pro!isions.Seter nity clauseT Courts are independent of E,ecuti!e U legislati!e interference$ 6udicial >e!ie" is e,ercised )y the 4ederal Constitutional Court Indian states Jander are fully are semi. autonomous autonomous "ithin their "ith a)ility to legislati!e U ma'e e,ecuti!e independent sphere$ la"s "ith regard to state list and concurrent list BUT to limit all this Union go!t has Bo!ernors, Art$821, 8I: U AI7$ -olitically -olitically neutral neutral

-arty Systems

SofficiallyT 5ulti.-arty System

institution 5ulti.-arty System

(WI-7E LAN.
The S"it;erland is the 4ederal -arliamentary Democratic >epu)lic$ It is !ery close to )ecome 7irect 7emocracy$ E,ecuti!e po"er is e,ercised )y the go!ernment and the 4ederal Council of S"it;erland is the head of go!ernment and the go!t is not concentrated in any one person$ The <udiciary is independent of the e,ecuti!e and the legislature$ ?Direct democracy is a form of democracy in "hich people decide policy initiati!es directly, as opposed to a representati!e democracy in "hich people !ote for representati!es "ho then decide policy initiati!es@ I/ITIATIHE A/D >E4E>E/DU5 S"it;erland pro!ides for Initiati!e. a citi;en.proposed la" and >eferendum. go!t.proposed la"$

Initiati!e is a means )y "hich a petition is signed )y a no$ of registered !oters, forcing a pu)lic !ote on A proposed statute, Constitutional Amendment$

Initiati!e in S"it;erland is a!aila)le in 4ederal Assem)ly on a 9uestion of Constitutional amendment, i$e$ the electorate has the right to initiate constitutional legislation, though it is used in Cantons for )oth legislati!e as "ell as amendment proposals$ >eferendum is a practice of referring measures passed upon )y the legislature for acceptance or re<ection$ In S"it;erland, if )oth houses of 4ederal Assem)ly agree on a

constitutional amendment, it must )e su)mitted to !oters and )ecomes la", if appro!ed )y ma<ority of 9ualified !oters )ut also )y a ma<ority of cantons (Dou)le 5a<ority) In the S"iss 4ederation the referendum is optional in respect of ordinary la", )ut if 0::::: citi;ens or O cantons ma'e a demand, federal la"s are su)mitted for appro!al of the people$

+E.E AL C,UNCIL

The 4ederal Council constitutes the federal go!ernment of S"it;erland and ser!es collecti!ely as the S"iss head of state$ The Council consists of 3 councillors and each one of them heads one of the 3 federal e,ecuti!e departments$ The Council acts li'e the )oard of directors of a ma<or corporation$ The Council includes mem)ers of many political parties )ut due to the principle of collegiality, the Councillors are not supposed to pu)licly criticise one another, and they are e,pected to pu)licly support all decisions of the Council, e!en against their o"n personal opinion or that of their political party$ EJECTI / the Councillors are elected for a term of 2 years )y )oth cham)ers of the United 4ederal Assem)ly$ Each Councillor is elected indi!idually through secret )allot )y an a)solute ma<ority of !otes$ E!ery adult S"iss citi;en can )ecome a Councillor, )ut in practice, only 5em)ers of 4ederal Assem)ly or sometimes, mem)ers of Cantonal go!ernments are nominated )y the political parties$ The Councillors can )e re.elected for an indefinite num)er of terms$ After )eing elected, they can neither be voted out of office by a motion of no confidence nor can they be impeached$

P E(I.EN- ,+ -1E C,N+E.E A-I,N

E!ery year, one of the 3 Councillors is elected )y the 4ederal

Assem)ly as -resident of the Confederation$ The 4ederal Assem)ly also elects a Hice -resident$ By con!ention, the chair of -resident rotates among the mem)ers in order of seniority and the pre!ious year(s Hice -resident )ecomes -resident$ =e is not head of state or head of go!t, )oth of these functions are administered )y the 4ederal Council collecti!ely$ The -resident presides o!er Council meetings and carries out certain functions li'e those of a head of state )ut he is not head of state$ In urgent situations "here a Council decision cannot )e made in time, he or she is empo"ered to act on )ehalf of the "hole CouncilP ho"e!er he has no po"er a)o!e and )eyond the other 7 Councillors$ The decisions of the Council are formally ta'en )y !oice !ote )y a ma<ority of the Councillors present at a meeting or through Consensus$ The -resident )rea's the tie$

+E.E AL A((E#'L2

The 4ederal Assem)ly is national legislati!e )ody of S"it;erland$ S"iss Constitution !ests the supreme authority in the 4ederal Assem)ly$ It is )icameral and composed of the /ational Council and the Council of States$ The po"ers of 8 cham)ers of 4ederal Assem)ly are almost a"solutely e8ual$ It should be noted that the principle of separation of powers has not been made the basis of the #wiss governmental system. 5ederal $ssembly has been entrusted with all 8inds of functions which are not legislative but also e)ecutive and %udicial in character. It has )een correctly o)ser!ed that Sthere are fe" parliaments "hich e,ercise more miscellaneous duties than 4ederal Assem)ly$T - &E>S Jegislati!e U 4inancial po"ers The 4ederal Assem)ly passes all federal la"s and legislati!e ordinances, considers and passes the annual )udget of 4ederation, appro!es the state accounts and authorise pu)lic loans floated )y the federal go!t$ The 4ederal Assem)ly also !otes on treaties and constitutional amendments$

E,ecuti!e po"ers The 4ederal Assem)ly e,ercises imp e,ecuti!e functions$ Sitting together, the t"o cham)ers elect mem)ers of federal council, federal chancellor, and in case of "ar or threat of "ar, the Commander.in.Chief$ The Constitution directs the 4ederal Assem)ly to ta'e all measures necessary to ensure e,ternal safety and preser!ation of independence and neutrality of S"it;erland$ ?S"it;erland is a neutral stateC no ladai %hagda "ith neigh)ours +no dilchaspi in international po"er politics@

6udicial po"ers 6udges of federal Tri)unal are elected )y 4ederal Assem)lyP it also hears appeals against the decisions of Tri)unal on administrati!e disputes$ The 4ederal Assem)ly deals "ith conflicts of <urisdiction )E" different federal authorities$ It also e,ercises the <udicial prerogati!e of granting pardon U amnesty$

The 4ederal Assem)ly e,ercises general super!ision o!er the federal administration and is empo"ered to issue instructions to the 4ederal Council in the form of Qpostulates#, a sort of directi!e to the Council to e,amine a particular 9uestion$

/ATI /AJ C U/CIJ the /ational Council is the lo"er house of

the 4ederal Assem)ly$

EJECTI / The /ational Council has 8:: seats and mem)ers are chosen for the term of 2 years )y proportional representation in multi.seat constituencies$ ?5ulti.Seat ConstituencyC one Constituency and many deputies@

The deputies are chosen from each of the constituency of 87 cantons$ The no$ of deputies a canton can send depends on the population

of the canton )ut at least one deputy should )e from e!ery canton$ Each !oter elects the deputies of the canton in "hich sheEhe li!es and each !oter has as many !otes as there are deputies to elect$ A !oter cannot gi!e more than t"o !otes to the same candidate$ Each citi;en can !ote for persons of different parties$ The no$ of candidates a party can send to the /ational Council depends on the no$ of !otes party gets$

C U/CIJ

4 STATES the Council of States is the upper house

of 4ederal Assem)ly$ It has 27 seats "hich are filled from 87 cantons$ The 8: cantons send 8 councillors each and 7 former half cantons send 0 councillor, for 2 year term$

EJECTI / S"iss Constitution pro!ides for democratic method and the mode of election is left to indi!idual cantons$

+E.E AL (UP E#E C,U -

The 4ederal Supreme Court is esta)lished under the S"iss 4ederal Constitution as the supreme <udicial authority of S"it;erland$ It is the court of appeal for all decisions of the cantonal courts of last instance$ Because of an emphasis on direct democracy through referendum, the Constitution precludes the court from re!ie"ing acts of the 4ederal -arliament, unless such re!ie" is specifically pro!ided for )y statute$

4EATU>ES Type of system

I/DIA Guasi.federal

S&ITLE>JA/D 4ederal State

I/4E>E/CES(if any)

-resident Hice.-resident -rime 5inisterE ther

stateEUnitary State "ith 4ederal features /ominal =ead Kes >eal =ead

/ominal =ead Kes 4ederal Council is >eal =ead Administrati!e po"er is e,ercised )y "hole of council collecti!ely and not )y one person as in India$

-olity Elections Jo"er =ouse

Democratic >epu)lic -arliamentary system Jo' Sa)ha

Democratic >epu)lic -arliamentary system /ational Council

Both houses /ational Council and Council of States, ha!e e9ual po"ers$

Upper =ouse Ci!il U -olitical >ights

>a<ya Sa)ha Kes, through -A>T III of Indian Constitution Supreme Court is independent of E,ecuti!e interference$ 6udicial >e!ie" is e,ercised )y Supreme Court U =igh Court

Council of States Title 8 of the Constitution 4ederal Supreme Court of S"it;erland is independent of E,ecuti!e interference, )ut not empo"ers to <udge the constitutionality of a federal la" as this right is e,ercised )y common man through referendum$

6udiciary

Constituent States

Ci!il Ser!ice -arty Systems

Indian states are semi. autonomous "ith a)ility to ma'e independent la"s "ith regard to state list and concurrent list BUT to limit all this Union go!t has Bo!ernors, Art$821, 8I: U AI7$ -olitically neutral SofficiallyT 5ulti.-arty System

Cantons are so!ereign insofar as their so!ereignty is not limited )y the 4ederal Constitution, they e,ercise all rights "hich are not transferred to the Confederation -olitically neutral institution 5ulti.-arty System

PE,PLE9s

EPU'LIC ,+ C1INA

China is the Unitary Socialist >epu)lic and functions under Constitution of 01O8$ It is a socialist state under the people(s democratic dictatorship and is led )y the Communist -arty, the !anguard of the "or'ing class$ The constitution opposes the separation of po"ers )y e,ecuti!e, legislature and <udiciary$ /ational -eople(s Congress is the highest organ of state authority po"er$

P E(I.EN- ,+ C1INA

The -resident of the -eople(s >epu)lic of China is the head of state of

China$ =e holds a ceremonial office$ ?=e is not Commander.in.Chief of -JAP -JA comes under the Central 5ilitary Commission@ - &E>S=e promulgates statutes adopted )y the /ational -eople(s Congress$ =e appoints the -remier of the State Council, Hice.-remiers, other State Council mem)ers and all am)assadors to foreign countries, upon the /-C(s decision$ ?In practice, -resident e,ercise much more po"er )y !irtue of )eing the Beneral Secretary of the Communist -arty "ho is generally responsi)le for esta)lishing general policy and direction of the state "hich are implemented )y the -remier of the -eople(s >epu)lic of China, the head of go!ernment@ EJECTI / The -resident is elected )y the /ational -eople(s Congress "hich also has the po"er to remo!e the -resident from office )y a simple ma<ority !ote$ =e is elected )y -residium of /-C "hich is headed )y the general secretary of the Communist -arty and in practice and the general secretary is chosen as -resident (So, he choose himself as president)$ =e is elected for term of I years and limited to t"o consecuti!e terms$ GUAJI4ICATI /S Citi;ens of the -eople(s >epu)lic of China "ho ha!e the right to !ote and "ho ha!e reached the age of 2I are eligi)le for election as -resident$

3ICE:P E(I.ENThe Hice -resident of the -eople(s >epu)lic of China assists the -resident in his "or'$ The Hice -resident of the -eople(s >epu)lic of China may e,ercise such functions and po"ers of the -resident and the -resident may entrust to him$ In the e!ent that the office of the -resident of the -eople(s >epu)lic of China falls !acant, the Hice -resident of the -eople(s >epu)lic of China succeeds to the office of -resident$ =e is elected )y /-C for term of I years and limited to t"o consecuti!e terms$ 5ode of election, dismissal and 9ualifications are same that of -resident$

(-A-E C,UNCIL

The State Council is the chief administrati!e authority of China$ It is composed of the -remierP the Hice -remiersP the State CouncillorsP the 5inisters in charge of ministriesP the 5inisters in charge of commissionsP the Auditor BeneralP and the Secretary Beneral$ The State Council is responsi)le to the /ational -eople(s Congress, or "hen the /ational -eople(s Congress is not in session, to its Standing Committee$ The State Council follo"s the system of premier responsi)ility in "or' "hile !arious ministries and commissions under the State Council follo" the system of ministerial responsi)ility$ It meets once e!ery 7 months and )E" its meetings, it is guided )y a standing committee$ The standing committee of State Council includes the premier, one e,ecuti!e !ice premier, A !ice premiers, and I other state councillors$ The State Council controls the 5inistry for /ational Defense )ut doesn#t control the -eople(s Ji)eration Army (-JA), "hich is instead controlled )y the Central 5ilitary Commission$ 4U/CTI /S to formulate administrati!e measures and regulations and monitor their implementationP draft legislations for su)mission to its Standing Committee or the /-C P -repare the economic policy and the )udgetP to conduct foreign affairs and conclude treaties and agreements "ith foreign statesP to decide on the imposition of martial la" in parts of pro!inces, autonomous regions, and municipalities directly under the

Central Bo!ernmentP To e,ercise unified leadership o!er the "or' of local organs of state administration at !arious le!els throughout the country$

P E#IE

The -remier of the State Council is the head of the State Council of China$ =e o!ersees the !arious ministries, departments, commissions and statutory agencies and announcing their candidacies to the /ational -eople(s Congress for Hice.-remiers and State Councillors$ EJECTI / The -remier is nominated )y the -resident and then formally appro!ed )y the /ational -eople(s Congress for I year term$ In practice, the candidate is chosen )y an informal process "ithin the Communist -arty of China$ =e can )e remo!ed )y /-C$

NA-I,NAL PE,PLE9s C,N! E((

The /ational -eople(s Congress is the highest legislati!e )ody of China$ It is the largest parliament in the "orld "ith 8,1O3 mem)ers$ It is the unicameral parliament "ith no second cham)er$ The /-C meets for a)out t"o "ee's each year and the daily po"er is e,ercised )y the Standing Committee of the /-C "hich contains a)out 0I: mem)ers$ EJECTI / Election of deputies to the /ational -eople(s Congress is conducted )y the Standing Committee of the /ational -eople(s Congress$ The ruling Communist -arty of China maintains effecti!e control o!er the composition of /ational -eople(s Congress$ By limiting the num)er of candidates in proportion to the num)er of seats a!aila)le, the -arty )loc's unaccepta)le candidates$ =o"e!er, appro,imately 0EA of the seats are reser!ed for non.Communist

-arty mem)ers "hich includes technical e,perts and mem)ers of the smaller allied parties$ The /-C consists of a)out A,::: delegates "ho are elected for I year term )y the pro!incial people(s assem)lies through indirect election$ Deputies are elected )y the people(s congresses of the country(s 8A pro!inces, I autonomous regions and the 2 municipalities directly under the Central Bo!ernment, the special administrati!e regions of =ong *ong and 5acau and the armed forces$ The si;e of each college of delegates is related to the num)er of electors in the constituency (proportional system) GUAJI4ICATI / all citi;ens of China "ho ha!e reached the age of 0O ha!e the right to stand for election$ ->ESIDIU5The -residium of the /-C is a 03O.mem)er )ody of the /-C$ It nominates the -resident and Hice -resident of China, the Chairman, Hice.Chairman, and Secretary.Beneral of the Standing Committee of the /-C, the Chairman of the Central 5ilitary Commission, and the -resident of the Supreme -eople(s Court for election )y the /-C$

NPC (-AN.IN! C,##I--EE

The permanent organ of the /ational -eople(s Congress is its Standing Committee, "hich is responsi)le to the /ational -eople(s Congress$ It functions as the highest )ody of state po"er$ The /-C Standing Committee is composed of the Chairman, Hice. Chairmen, the Secretary.Beneral and other mem)ers "ho are elected from among the deputies at the first session of e!ery /ational -eople(s Congress$ The mem)ers of the /-C Standing Committee generally include% (a) >epresentati!es from the Communist -arty of ChinaP ()) >epresentati!es from !arious democratic parties and patriots and democrats "ithout party affiliationP (c) >epresentati!es of people(s organi;ationsP (d) >epresentati!es of the -eople(s Ji)eration ArmyP and (e) >epresentati!es of minority ethnic groups "ith a population of o!er 0 million each$

?=o" Standing Committee is chosen is not specified in constitution, if don#t )elie!e me then loo' """$h'hrm$org$h'EenglishEla"Econst:2$html @ According to the Constitution and the rganic Ja" of the /ational -eople(s Congress, the /-C Standing Committee e,ercises the follo"ing functions and po"ers% 0$ Jegislati!e right According to the Constitution, the /ational -eople(s Congress and its Standing Committee <ointly e,ercise the legislati!e right, including enacting and amending statutes, "ith the e,ception of those "hich should )e enacted )y the /ational -eople(s Congress$ Conse9uently, e,cept for the Constitution and )asic la"s, The /-C Standing Committee underta'es a large amount of legislati!e "or'$ 8$ >ight to super!ise the enforcement of the ConstitutionThe Constitution gi!es the super!isory right also to the /-C Standing Committee in addition to the /ational -eople(s Congress$ As a permanent )ody of /-C, this ensures it can carry out regular super!ision of the enforcement of the Constitution$ A$ >ight to super!ise the "or' of other state organsThe /-C Standing Committee super!ises the "or' of the State Council, Central 5ilitary Commission, Supreme -eople(s CourtP annulling those administrati!e decisions or orders of the State Council that contra!ene the Constitution or the statutes of the state$ 2$ -o"er of appointment and remo!al&hen the /ational -eople(s Congress is not in session, the /-C Standing Committee selects the !ice.chairman of the Central 5ilitary Commission (C5C controls -eople(s Ji)eration Army) and mem)ers of the commission according to the nomination of the chairmen of the Central 5ilitary CommissionP appoints and remo!es !ice.presidents and <udges of the Supreme -eople(s Court (S-C), mem)ers of S-C(s 6udicial Committee and the president of the 5ilitary Court$

(UP E#E PE,PLE9s C,U -

The highest court in the <udicial system is the Supreme -eople(s Court and it is directly responsible to the 3'4 and its #tanding 4ommittee and therefore not free of interference$ It super!ises the administration of <ustice )y the people(s courts at !arious le!els (Basic people(s courts at district le!el Y intermediate people(s courts at -refecture.le!el Y higher people(s courts at

-ro!incial.le!el Y the Supreme -eople(s Court)$

C 5-A>ISI / BE& I/DIA.C=I/A#s - JITICAJ SKSTE5S$

4EATU>ES Type of system I/DIA Guasi.federal stateEUnitary State "ith 4ederal features /ominal =ead Kes >eal =ead Democratic >epu)lic -arliamentary system Jo' Sa)ha C=I/A Unitary State I/4E>E/CES(if any)

-resident Hice.-resident -rime 5inisterE ther -olity Bo!ernment Jo"er =ouse

>eal =ead(in practice) Kes -remier Socialist >epu)lic Communist system /ational -eople Congress /o Hery Jimited, right to life and property are allo"ed in 01O8 Constitution )ut not freedom of speech and association, e!en -ress is controlled$ The Supreme -eople(s Court is under the

Indian -resident Y Chinese -resident Indian -5 N Chinese -remier

/-C is the maai baap in Chinese constitutional structure$ India "on$

Upper =ouse Ci!il U -olitical >ights

>a<ya Sa)ha Kes, through -A>T III of Indian Constitution

6udiciary

Supreme Court is independent of E,ecuti!e

Supreme Court of India N Supreme

Constituent States

Ci!il Ser!ice -arty Systems

interference$ 6udicial >e!ie" is e,ercised )y Supreme Court U =igh Court Indian states are semi. autonomous "ith a)ility to ma'e independent la"s "ith regard to state list and concurrent list BUT to limit all this Union go!t has Bo!ernors, Art$821, 8I: U AI7$ -olitically neutral SofficiallyT 5ulti.-arty System

/-C$$

-eople(s Court, in its functions$

E,cept Special Administrati!e >egions (SA>s) such as =ong *ong and 5acau, no autonomy$

Indian state go!ts are more independent than Chinese pro!incial go!ts as the latter are appointed )y the central go!ernment

-olitically controlled institution Chinese constitution allo"s 5ulti. -arty System )ut in reality Dominant ne -arty System e,ists$

I!1-( I((UE(

The Universal .eclaration of 1uman ights ;U.1 < is a declaration adopted )y the United /ations Beneral Assem)ly (=% .ecem"er =>?@ at -alais de Chaillot, Paris)$ The Declaration arose directly from the e,perience of the Second &orld &ar and represents the first glo)al e,pression of rights to "hich all human )eings are inherently entitled$ It consists of A% articles "hich ha!e )een ela)orated in su)se9uent international treaties, regional human rights instruments, national constitutions and la"s$ The International 'ill of 1uman ights consists of the Universal

.eclaration of 1uman ights, the International Covenant on Economic6 (ocial and Cultural ights, and the International Covenant on Civil and Political ights are its t"o ptional -rotocols$ In =>BB the Beneral Assem)ly adopted the t"o detailed Co!enants, "hich complete the International Bill of =uman >ightsP and in =>CB, after the Co!enants had )een ratified )y a sufficient num)er of indi!idual nations, the Bill too' on the force of international la"$

Articles = and $ are the foundation )loc's, "ith their principles of dignity6 li"erty6 e8uality and "rotherhood5 The second column (articles =$D=C) constitutes the rights of the individual in civil and political society5 The third column (articles =@D$=) is concerned "ith spiritual6 pu"lic and political freedoms such as freedom of religion and freedom of association5 The fourth column (articles $$D$C) sets out social6 economic and cultural rights5 The adoption of the Uni!ersal Declaration is a significant international commemoration mar'ed each year on =% .ecem"er and is 'no"n as =uman >ights Day or International 1uman ights .ay5 $%%@ mar'ed the B%th anniversary of the Declaration and "as accompanied )y year.long acti!ities around the theme: E.ignity and Fustice for all of usE5 In the 'angGoG .eclaration adopted )y #inisters of Asian states meeting in =>>A in the lead up to the World Conference on 1uman ights held in the same year, Asian go!ernments reaffirmed their commitment to the principles of the United /ations Charter and the Uni!ersal Declaration of =uman >ights$

+rom N1 C we"site:

-rogrammes and =uman >ights issues ta'en up )y the Commission include%. A"olition of 'onded La"our ight to +ood: The Commission o)ser!ed that as star!ation deaths reported from some poc'ets of the country are in!aria)ly the conse9uence of mis.go!ernance resulting from acts of omission and commission on the part of the pu)lic ser!ant, they are of direct concern to the Commission under the pro!isions of the -rotection of =uman >ights Act, 011A$ -he Commission holds the view that to "e free from hunger is a +undamental ight of the people of the country5 Star!ation, hence, constitutes a gross denial and !iolation of this right$

A"olition of Child La"our: The Commission focusing its attention on the follo"ing industries "here from rampant reports of child la)our "ere recei!ed$ These interalia include the %.

Z BangleEglass industry Z Sil' industry Z Joc' industry Z Stone.Guarries Z Bric' *iln Z Diamond cutting Z Ship.)rea'ing Z Construction."or' Z Carpet."ea!ing

Com"ating (e4ual 1arassment of Women at the WorG Place: The Commission has ta'en a 'een interest "ith regard to the implementation of the guidelines and norms prescri)ed )y the Supreme Court on pre!enting and com)ating se,ual harassment at the "or'place, popularly 'no"n as the 3ishaGa guidelines5 1arassment of Women Passengers in -rains: In pursuance of the decisions ta'en in those meetings, the 5inistry of >ail"ays ha!e made a!aila)le 4I> forms in =indi, English and a fe" regional languages in trains$ It has also incorporated a module on gender sensitisation in the training programmes for the -ro)ationers of the Traffic and Security Department of the >ail"ays$ The Commission also recommended to the 5inistry of >ail"ays the follo"ing [ (i) a!aila)ility of 4I> forms in all other regional languages, (ii) preparation and display of messages in the rail"ay coaches, (iii) preparation and display of graphics and other pu)licity materials at the rail"ay platforms, (i!) printing of the message on the )ac' of the tic'et saying that se,ual harassment of "omen in trains is a crime, and (!) preparation of po"er point presentation that could )e made in soft"are for the tele!ision sho"ing )riefly the issue and its implications$ A"olition of #anual (cavenging: As a follo" up, the -lanning Commission has prepared a (/ational Action -lan( for the Total Eradication of 5anual Sca!enging )y 8::3$ Emphasis in this Action -lan is on .

i) -roper identification of those engaged in manual sca!enging ii) Enforcement of the prohi)ition la" iii) In!ol!ement of /B s$ i!) Better coordination at Central and State le!els

.alits issues including atrocities perpetrated on them: /=>C has ta'en se!eral initiati!es to ameliorate their situation and protect their rights$ They include the redressing of indi!idual complaintsP constitution of

a Dalit Cell in 8::A headed )y a 5em)er of the Commission "ith the aim to monitor implementation of programmesP research studies on the socio. economic conditions of the 5usahars, and the political and cultural status of dalit "omen in =aryanaP and the preparation of a hand)oo' on discrimination in order to sensiti;e teachers$

Pro"lems faced "y .enotified and Nomadic -ri"es: The communities designated as Denotified Tri)es (D/T) and /omadic Tri)es (/T) of India "ere identified as FCriminal Tri)esF ("hich included )oth castes as "ell as tri)es) in pre.independence India$ Though the Criminal Tri)es Act, 0O30 "as annulled soon after independence, the police, as "ell as mem)ers of the pu)lic, fre9uently and most regretta)ly continue to treat persons )elonging to these communities as F)orn criminalsF and Fha)itual criminalsF$ They, therefore, remain amongst the most discriminated and disad!antaged groups in the country$ ights of the .isa"led: N1 C has )een redressing indi!idual complaints from /B s and othersP the Commission re!ie"ed rele!ant legislations and made recommendations for impro!ements thereonP it has successfully championed the need to enumerate the disa)led in Census 8::0$ ight to 1ealth .istrict Complaints Authority: The Commission had mooted the idea of setting up of a district le!el setup to promote -olice.Community relations$ The functions of the Authority are to e,amine grie!ances of the pu)lic in the matter of rude and unci!il )eha!iour to"ards the pu)lic, a)use of authority, misuse of po"er, "rongful arrests and detentions, custodial !iolence and to ma'e appropriate recommendations to Bo!ernment or the State or /ational =uman >ights Commission$ This system is in e,istence and is "or'ing in the State of *erala$ The composition of the FDistrict -olice Complaints AuthorityF "as as under%.

0$ The -rincipal 6udge of the District concerned . Chairman 8$ The Collector of the District . 5em)er A$ The Senior Superintendent of -olice . 5em)er

In.charge of the district, The District Superintendent of -olice shall )e the e,.officio 5em)er Secretary of the Committee$ In its report on human rights in India during 19.9, Human Rights Watch stated India had "significant human rights problems". They identified lac8 of accountability for security forces and impunity for abusive policing including "police brutality e!tra"udicial #illings and torture" as ma"or problems$

Chronology of events regarding human rights in India

=@$> [ The practice of sati was formally a"olished "y !overnor !eneral William 'enticG after years of campaigning )y =indu reform mo!ements$ =>$> [ Child #arriage E(- AIN- Act, prohi)iting marriage of minors less than 02 years of age is passed$ =>&$ [ Criminal -ri"es Acts repealed )y go!ernment, former Fcriminal tri)esF categori;ed as FdenotifiedF and =a)itual ffenders Act (01I8) enacted$ =>&@ .Armed +orces ;(pecial Powers< Act6 =>&@ =>C&DCC [ State of Emergency in India [ e,tensi!e rights !iolations ta'e place$ =>@> [ Scheduled Caste and Scheduled Tri)e (-re!ention of Atrocities) Act, 01O1 is passed$ =>>A [ /ational =uman >ights Commission is esta)lished under the -rotection of =uman >ights Act$ $%%= [ Supreme Court passes e,tensi!e orders to implement the right to food $%%& [ /ational >ural Employment Buarantee Act (/>EBA) guarantees uni!ersal right to employment$ $%%> [ .elhi 1igh Court delcares that (ection ACC of the Indian Penal Code, "hich outla"s a range of unspecified FunnaturalF se, acts, is unconstitutional "hen applied to homose,ual acts )et"een pri!ate consenting indi!iduals, effecti!ely decriminalising homose,ual relationships in India$

-hree generations of human rights of Universal .eclaration

The di!ision of human rights into three generations "as initially proposed in 0131 )y the C;ech <urist *arel Hasa' at the International Institute of =uman >ights in Stras)ourg$

=is di!isions follo" the three "atch"ords of the 4rench >e!olution% Ji)erty, E9uality, 4raternity$ 4irst.generation human rights, often called F)lueF rights, deal essentially "ith li)erty and participation in political life% Articles A to 80$ They are fundamentally ci!il and political in nature, as "ell as strongly indi!idualistic% They ser!e negati!ely to protect the indi!idual from e,cesses of the state$ Second.generation human rights are related to e9uality and )egan to )e recogni;ed )y go!ernments after &orld &ar II$ They are fundamentally economic, social and cultural in nature$ They guarantee different mem)ers of the citi;enry e9ual conditions and treatment$ Secondary rights "ould include a right to )e employed, rights to housing and health care, as "ell as social security and unemployment )enefits% Articles 88 to 83$ These rights are sometimes referred to as FredF rights$

Important Conventions

Convention on the Elimination of All +orms of acial .iscrimination: A second.generation human rights instrument, the Con!ention commits its mem)ers to the elimination of racial discrimination and the promotion of understanding among all races$ Contro!ersially, the Con!ention also re9uires its parties to outla" hate speech and criminali;e mem)ership in racist organi;ations$ The con!ention "as adopted and opened for signature )y the United /ations Beneral Assem)ly on 0177, and entered into force on 6anuary 2, 0171$ As of cto)er 8:00, it has O7 signatories and 03I parties$ India% signed in 0173 ratified in 017O$ Convention on the Elimination of all +orms of .iscrimination against Women: international con!ention adopted in 0131 )y the United /ations Beneral Assem)ly$ Descri)ed as an international )ill of rights for "omen, it came into force on A Septem)er 01O0$ The United States is the only de!eloped nation that has not ratified the CEDA&$ The se!en U/ mem)er states that ha!e not ratified or acceded to the con!ention are Iran, -alau, Somalia, Sudan, South Sudan, Tonga, and the United States$ The United States and -alau ha!e signed it, )ut not yet ratified it$ The latest state to ha!e acceded the con!ention "as /auru on 6une 8A, 8:00$ India Signed.01O: and 011A.>atification Convention against -orture and ,ther Cruel6 Inhuman or .egrading -reatment or Punishment ;United Nations Convention against -orture<: The Con!ention re9uires states to ta'e effecti!e measures to pre!ent torture "ithin their )orders, and for)ids states to transport people to any country "here there is reason to )elie!e they "ill

)e tortured$ The te,t of the Con!ention "as adopted )y the United /ations Beneral Assem)ly on 0: Decem)er 01O2 and, follo"ing ratification )y the 8:th state party, it came into force on 87 6une 01O3$ 87 6une is no" recognised as the International Day in Support of Torture Hictims$ India% Signed.0113 Not ratified

United Nations Convention on the Protection of the ights of All #igrant WorGers and #em"ers of -heir +amilies: Signed in 011:, it entered into force in 8::A$ The Committee on 5igrant &or'ers (C5&) monitors implementation of the con!ention, and is one of the se!en U/. lin'ed =uman rights treaty )odies$ The primary o)<ecti!e of the Con!ention is to foster respect for migrants# human rights$ 5igrants are not only "or'ers, they are also human )eings$ The Con!ention does not create ne" rights for migrants )ut aims at guaranteeing e9uality of treatment, and the same "or'ing conditions for migrants and nationals$ India /ot a mem)er$ Convention on the ights of Persons with .isa"ilities: The te,t "as adopted )y the United /ations Beneral Assem)ly in 8::7 and opened for signature in 8::3$ 4ollo"ing ratification )y the 8:th party, it came into force in 8::O$ 01O0.0118 "as the U/ FDecade of Disa)led -ersons$F The year 01O0 "as proclaimed the International Kear of Disa)led -ersons (IKD-) )y the United /ations$ International Day of -eople "ith Disa)ility (Decem)er A) is an international o)ser!ance promoted )y the United /ations since 0118$ The Con!ention adopts a social model of disa)ility, and defines disa)ility as including Sthose "ho ha!e long.term physical, mental, intellectual or sensory impairments "hich in interaction "ith !arious )arriers may hinder their full and effecti!e participation in society on an e9ual )asis "ith othersT$ Theme 8:00% FTogether for a )etter "orld for all% Including persons "ith disa)ilities in de!elopmentF$ India% Signed and >atified in 8::3$ Convention on the Prevention and Punishment of the Crime of !enocide: Adopted )y the United /ations Beneral Assem)ly in 012O as !eneral Assem"ly esolution $B%5 The Con!ention entered into force in 01I0$ Article 8 of the Con!ention defines genocide as $$$any of the follo"ing acts committed "ith intent to destroy, in "hole or in part, a national, ethnical, racial or religious group, as such%

(a) *illing mem)ers of the groupP ()) Causing serious )odily or mental harm to mem)ers of the groupP (c) Deli)erately inflicting on the group conditions of life calculated to )ring a)out its physical destruction in "hole or in partP (d) Imposing measures intended to pre!ent )irths "ithin the

groupP

(e) 4orci)ly transferring children of the group to another group$ India Signed.0121 >atified. 01I1

Convention on the ights of the Child: -assed )y U/ICE4, the Con!ention on the >ights of the Child is the first legally )inding international instrument to incorporate the full range of human rightsX ci!il, cultural, economic, political and social rights$ The Con!ention generally defines a child as any human )eing under the age of eighteen$ /ations that ratify this con!ention are )ound to it )y international la"$ Compliance is monitored )y the United /ations Committee on the >ights of the Child, "hich is composed of mem)ers from countries around the "orld$ The United /ations Beneral Assem)ly adopted the Con!ention and opened it for signature in 01O1 (the A:th anni!ersary of its Declaration of the >ights of the Child)$It came into force in 011:$ T"o optional protocols "ere adopted on 8I 5ay 8:::$ The 4irst ptional -rotocol restricts the in!ol!ement of children in military conflicts, and the Second ptional -rotocol prohi)its the sale of children, child prostitution and child pornography$ In India, there is no outright )an on child la)our, and the practice is generally permitted in most industries e,cept those deemed Fha;ardousF$ Although a la" in cto)er 8::7 )anned child la)our in hotels, restaurants, and as domestic ser!ants, there continues to )e high demand for children as hired help in the home$ Jittle is )eing done to address the pro)lem since the economy is )ooming and the nuclear family is spreading, there)y increasing demand for child la)ourers$ Under the auspices of the UNICE+ financed HUdishaI initiati!e the Bo!ernment of India is specifying the outline of a means of change and impro!ement in child care$ There are se!ere restrictions on children in India on their rights to ha!e a relationship "ith )oth parents, "hen they are separatedEdi!orced, especially "hen la"s to protect "omen U children (such as Domestic Hiolence Act, 8::7 or Sec$21OA of Indian -enal Code) are a)used or misused )y "omen$ India% >atified in 0118$ .eclaration on the ight to .evelopment: The right to de!elopment "as su)se9uently proclaimed )y the United /ations in 01O7 in the FDeclaration on the >ight to De!elopmentF$ The >ight to de!elopment is a group right of peoples as opposed to an indi!idual right, and "as reaffirmed )y the 011A Hienna Declaration and -rogramme of Action$ The >io Declaration on En!ironment and De!elopment, also 'no"n as >io Declaration, recognises the right to de!elopment as one of its 83 principles$ -rinciple A of the Declaration states FThe right to de!elopment must )e fulfilled so as to e9uita)ly meet de!elopmental and en!ironmental needs of present and future generations$F

Protection of 1uman

ights Act =>>A

India is a party to the International Co!enant on Ci!il and -olitical >ights and the International Co!enant on Economic, Social and Cultural >ights adopted )y the Beneral Assem)ly of the United /ations on 07th Decem)er, 0177$ Sec$ 8 of the -rotection of =uman >ights Act, 011A (QAct# for )re!ity) defines the term Qhuman rights# as the rights relating to.

lifeP li)ertyP e9uality and dignity of the indi!idual

Buaranteed under the Constitution or em)odied in the international co!enants on ci!il and political rights and international co!enant on Economic, social and cultural rights adopted )y the Beneral Assem)ly of the United /ations on 07$08$0177 and enforcea)le )y Courts in India$ As such the Court is empo"ered to protect the human rights as mentioned a)o!e$ Sec$ A of the Act pro!ides that the Central Bo!ernment shall constitute a )ody 'no"n as the Q/ational =uman >ights Commission# to e,ercise the po"ers conferred upon and to perform the functions assigned to it under the Act$ The said Commission is functioning at /e" Delhi$ Sec$80 of the Act pro!ides that a state may constitute a )ody to )e 'no"n as the (/ame of the State) =uman >ights Commission to e,ercise the po"ers conferred upon and to perform the functions assigned to a State Commissioner$ The Commission may on its o"n motion or on the )asis of the petitions made to it on allegation of human rights !iolation )y armed forces, see' a report from the Central Bo!ernment$ n receipt of the report, it may either not to proceed "ith the complaint or to proceed "ith the complaint as the case may )e, ma'e its recommendations to the Bo!ernment$

1uman
Legal

ights w5r5t5 Women

ights:

Protection of Women from .omestic 3iolence Act $%%&: -rimarily meant to pro!ide protection to the "ife or female li!e.in partner from domestic !iolence at the hands of the hus)and or male li!e.in partner or his relati!es, the la" also e,tends its protection to "omen "ho are sisters, "ido"s or mothers$ Domestic !iolence under the act includes actual a)use

or the threat of a)use "hether physical, se,ual, !er)al, emotional or economic$ =arassment )y "ay of unla"ful do"ry demands to the "oman or her relati!es "ould also )e co!ered under this definition$

Pre:Natal .iagnostic -echni8ues ; egulation and Prevention of #isuse< Act6 =>>?: This Act pro!ides for the regulation of the use of prenatal diagnostic techni9ues for the purpose of detecting genetic or meta)olic disorder or chromosomal a)normalities or certain congenital malformations or se,.lin'ed disorders and for the pre!ention of the misuse of such techni9ues for the purpose of prenatal se, determination leading to female feticide% and for matters connected there"ith or incidental thereto$ Immoral -raffic Prevention Act6 =>@B: In 01I: the Bo!ernment of India ratified the International Con!ention for the Suppression of Immoral Traffic in -ersons and the E,ploitation of the -rostitution of others$ In 01I7 India passed the Suppression of Immoral Traffic in &omen and Birls Act, 01I7 (SITA)$ The act "as further amended and changed in 01O7, resulting in the Immoral Traffic -re!ention Act also 'no"n as -ITA$ -ITA only discusses traffic'ing in relation to prostitution and not in relation to other purposes of traffic'ing such as domestic "or', child la)our, organ har!esting, etc$ In 8::7, the 5inistry of &omen and Child De!elopment proposed an amendment )ill that has yet to )e passed$ The amendment does not really concern any of the pro!isions related to the child )ut has many important conse9uences for the right of "omen se, "or'ers$ Indecent representation of women ;prohi"ition< act =>@B: An Act to prohi)it indecent representation of "omen through ad!ertisements or in pu)lications, "ritings, paintings, figures or in any other manner and for matters connected there"ith or incidental thereto$ It e4tends to the whole of India6 e4cept the (tate of *ammu and /ashmir5 #edical -ermination of Pregnancy6 =>C=: An Act to pro!ide for the termination of certain pregnancies )y registered 5edical -ractitioners and for matters connected there"ith or incidental thereto$ It e,tends to the "hole of India e,cept the State of 6ammu and *ashmir$ -he .owry Prohi"ition ;.P< Act =>B= ;Amended =>@B<: It e,tends to the "hole of India e,cept the State of 6ammu and *ashmir$ Introduced and ta'en up )y then Indian la" minister Asho'e *umar Sen, this Act prohi)its the re9uest, payment or acceptance of a do"ry, Fas consideration for the marriageF$ "here Fdo"ryF is defined as a gift demanded or gi!en as a precondition for a marriage$ Bifts gi!en "ithout a precondition are not considered do"ry, and are legal$ #aternity "enefit act =>B=: The o)<ect of maternity lea!e and )enefit is to protect the dignity of motherhood )y pro!iding for the full and healthy maintenance of "omen and her child "hen she is not "or'ing$ &ith the o)<ect of pro!iding maternity lea!e and )enefit to "omen

employee the 5aternity Benefit Bill "as passed )y )oth the =ouses of -arliament and su)se9uently it recei!ed the assent of -resident on 08th Decem)er, 0170 to )ecome an Act$

-he 1indu (uccession Act =>&B: 4emales are granted o"nership of all property ac9uired either )efore or after the signing of the Act, a)olishing their Slimited o"nerF status$ =o"e!er, it "as not until the 8::2 Amendment that daughters "ere allo"ed e9ual receipt of property as "ith sons$ This in!aria)ly grants females property rights$ 1indu #arriage Act =>&&: Its purpose "as to regulate personal life among =indus, especially their institution of marriage, its !alidity, conditions for in.!alidity, and applica)ility$ It recogni;es the modern offshoots of the =indu religion (6ains, Buddhists) as specified in Article 22 of the Indian Constitution$ -he #inimum Wages Act6 =>?@ -he Child #arriage Constitutional estraint Act6 =>$> ights:

Article 02% E9uality )efore la" Article 0I% -rohi)ition of discrimination on grounds of religion, race, caste, se, or place of )irth Article 07% E9uality of opportunity in matters of pu)lic employment Article 80% -rotection of life and personal li)erty Article 8A% -rohi)ition of traffic in human )eings and forced la)our Article A1 (a)% Certain principles of policy to )e follo"ed )y the State Article 28% -ro!ision for <ust and humane conditions of "or' and maternity relief Article I0 A (e)% imposes that duty of e!ery citi;en in India to renounce practices derogatory to the dignity of "omen$

C1IL. Protection 0 Child

Legal ights:

ights

-he ight of Children to +ree and Compulsory Education Act6 $%%>: Calls for free and compulsory education for all children )et"een the ages of 7 and 02$ It pro!ides for e9ual opportunities of disa)led children$ It ma'es special pro!isions for children "ho are not admitted and are a)o!e age 7 to )e admitted into their age appropriate class, after special training and pro!ides that they )e allo"ed to complete their elementary education e!en pass the age of 02$ Any child also has the right to transfer to a school that pro!ides education up to class HIII if it is not pro!ided in the school she is currently enrolled in$ Central and state go!ernments share

the responsi)ility )oth financial and other (such as de!elopment of curriculum, training of teachers, etc) re9uired under this act$ It is the responsi)ility of parents to send their children to school and the appropriate go!ernment ("hich is directly in charge of a school or area) to pro!ide pre. primary ()et"een ages A.7) education and child care$ A go!ernment school is re9uired to pro!ide free education to any child that see's admission$ Aided schools, pri!ate schools and special schools are re9uired to pro!ide free education to a minimum of 8IW of its students especially those from disad!antaged sections of society$ In return the go!ernment is responsi)le to reim)urse pri!ate schools the cost per child that a pu)lic school incurs to help aid the free education pro!ided )y such schools$ But if the pri!ate school has recei!ed any sort of concession or su)sidy they are not entitled to such reim)ursement$ Schools are not allo"ed to charge capitation fees, screen the children for admission and e!en though they are allo"ed to as' for proof of age they may not deny admission on the )asis of lac' of proof$ /o school may hold )ac' or e,pel a child )efore their completion of elementary education$ There is a prohi)ition against physical punishment and mental harassment, "hich if )ro'en is lia)le to disciplinary action$ All schools must )e registered or gi!en a certificate of recognition )y the appropriate go!ernment in order to function$ This certificate "ill only )e gi!en or maintained if certain norms and standards are upheld$ The go!ernment can le!y charges up to one la'h against schools for continuing to function "ithout a certificate$ Teacher !acancies shall not e,ceed 0:W of the total strength of teachers in a specific school$ Under this section, no child "ill )e su)<ect to a )oard e,amination )ut "ill recei!e a certification on completion of elementary education$ /ational and State Commissions for the -rotection of Child >ights responsi)le for upholding the right to education specified in the act and other rights under section 2 of the Commissions for -rotection of Child >ights Act, 8::7$

Prohi"ition of Child #arriage Act6 $%%B % According to the act a child is a male "ho has not completed t"enty one years of age and a female "ho has not completed eighteen years of age$ Child marriage is a contract )et"een any t"o people of "hich either one or )oth parties is a child$ Child marriage that too' place )efore or after this act can )e made !oid )y the person "ho "as a child at the time of marriage$ But the marriage must )e !oided )efore the person "ho "as a child completes their second year of maturity$ A court can decree that if it is the hus)and that is as'ing for a !oid of marriage than he or his family are responsi)le to pay for the maintenance of the girl until she is remarried$ If a child "as detained a"ay from herEhis parents or guardians, forced to go to a different place, sold into marriage, or made to marry after "hich they are used for immoral purposes or traffic'ed then that marriage is considered to )e null and !oid$

*uvenile *ustice ;Care and Protection of Children< Act6 $%%%: This act protects not only the rights of children, )ut a person(s rights "hen heEshe "as a child$ 5eaning that if a crime or an incident too' place "hile the person "as a child, and then during the proceeding the <u!enile ceased to )e of age the case "ould continue as if the <u!enile has not turned eighteen yet$ &hen a police officer comes in contact "ith a <u!enile he must place the child "ith the Special 6u!enile -olice Unit (S6-U) "ho must report the child to the )oard "ithout delay$ Bail is a!aila)le to <u!eniles in all cases as long as the Board find the release of this child "ill not place him in any danger or in the influence of criminals$ Under this act <u!enile cases cannot )e processed "ith non.<u!enile cases$ Child La"our ;Prohi"ition and egulation< Act =>@B: The act defines a child as any person "ho has not completed his fourteenth year of age$ -art II of the act prohi)its children from "or'ing in any occupation listed in -art A of the ScheduleP for e,ample% Catering at rail"ay esta)lishments, construction "or' on the rail"ay or any"here near the trac's, plastics factories, automo)ile garages, etc$ The act also prohi)its children from "or'ing in places "here certain processes are )eing underta'en, as listed in -art B of the ScheduleP for e,ample% )eedi ma'ing, tanning, soap manufacture, )ric' 'ilns and roof tiles units, etc$ These pro!isions do not apply to a "or'shop "here the occupier is "or'ing "ith the help of his family or in a go!ernment recognised or aided school$ The act calls for the esta)lishment of a Child Ja)our Technical Ad!isory Committee (CJTAC) "ho is responsi)le for ad!ising the go!ernment a)out additions to the Schedule lists$ 'onded La"our (ystem ;A"olition< Act6 =>CB: The Bonded Ja)our System (A)olition) Act 0137 tal's of the illegality of sla!e or )onded la)our "ith reference to )oth adults and children$ In the follo"ing section is an outline of the la" as it pertains to children )elo" the age of 0O$ Hictims of )onded la)our are not lia)le to repay their de)t, and any property that "as ta'en from the )onded la)ourer is to )e restored$ All legal proceeding against )onded la)ourers for ina)ility to replay their de)t or a)ide )y the )onded system is dismissed$ +actories Act6 =>?@ ;as amended in =>@C<: The act defines a child as a person "ho has completed himEher 0Ith year of age$ It defines an adolescent as one "ho is has completed hisEher0Ith year of age )ut not completed hisEher 0Oth year of age$ A young person is defined as either a child or an adolescent$ Koung persons are not to )e compelled to "or' dangerous machinery unless they ha!e full prior 'no"ledge of the danger, are trained and there is a super!isor present at all times "ho is fully trained in the machinery$ Children are prohi)ited from "or'ing in any area "here a cotton opener is functional$ The act calls for a cr\che ser!ice to )e a!aila)le to children )elo" the age of si, "ith the factory has a

minimum of A: "omen "or'ing there$ Adolescents are only allo"ed to "or' in the factory )et"een 7 a$m$ and 3 p$m$ unless the State Bo!ernment decides other"ise$ Children or adolescents "ho ha!e not )een deemed adults shall not )e allo"ed to "or' in a factory for more than four and half hours in any day and can not "or' at night$

Infant #ilG (u"stitutes6 +eeding 'ottles and Infant +oods: The purpose of the Infant 5il' Su)stitutes, 4eeding Bottles and Infant 4oods Act 0118 and its 8::A amendment is to promote )reast feeding of ne" )orn children and infants$ It also loo's to ensure that infant foods are regulated and used appropriately$ Pre:natal .iagnostic -echni8ues Act6 =>>?: The act prohi)its the medical personnel from conducting or helping anyone conduct se,. selection$ All medical e9uipment regarding pregnancies shall )e sold only to registered clinics$ All pre.natal diagnostic techni9ues are )anned e,cept for the detection of chromosomal a)normalities, genetic meta)olic diseases, haemoglo)inopathies, se,.lin'ed genetic diseases, congenital anomalies, any other a)normalities or diseases as may )e specified )y the Central Super!isory Board$ Immoral -raffic Prevention Act6 =>@B: The act defines child as any person "ho has completed eighteen years of age$ The first section of the act has pro!isions that outline the illegality of prostitution and the punishment for o"ning a )rothel or a similar esta)lishment, or for li!ing of earnings of prostitution as is in the case of a pimp$ !uardians and Wards Act6 =@>%: It )ecame the only non.religious uni!ersal la" regarding the guardianship of a child, applica)le to all of India e,cept the state of 6ammu and *ashmir$ This la" is particularly outlined for 5uslims, Christians, -arsis and 6e"s as their personal la"s don(t allo" for full adoption only guardianship$ It applies to all children regardless of race or creed$ 1indu Adoption and #aintenance Act6 =>&B: Adoption is not permitted in according to the personal la" of 5uslims, Christians, -arsis and 6e"s in India$ =ence they usually opt for guardianship of a child through the Buardians and &ards Act, 0O1:$ This act applies to all =indu, Buddhists, Si'hs and 6ains )y religion$ India Penal Code and Child related offenses: According to the sections O8 and OA of the I-C a child "ho commits a crime and is )elo" the age of se!en is not considered to ha!e committed a crime$ A child "ho is )et"een the ages of se!en and t"el!e and is deemed to ha!e immature understanding a)out the conse9uences of hisEher actions is also considered incapa)le of committing a crime$ Section A0I and A07 discusses the offence of foeticide and infanticide$ Section A03 states that is it a crime against children, if their mother or father e,pose or lea!e a child in a place "ith the intention of a)andonment$

Constitutional

ights:

-he e4plicit Provisions dealing with the child welfare are: Article =&;A<: it empo"ers the state to ma'e special pro!isions for children and "omen$ Article $?: it prohi)its the employment to children in factories, etc$ Article A>;e< and ;f<: it o)ligates the state to safeguard the health of children and afford opportunities to gro" "ith dignity$ Article ?&: it pro!ides for free and compulsory education for children$ -he implicit Provisions dealing with child welfare: Article =?: e9uality )efore la"$ Article $A: prohi)ition of traffic in human )eings and forced la)our$ Article A@: it endea!ours to secure a social order for the protection of "elfare of the people$ Article ?=: >ight to "or', to education and to pu)lic assistance in certain cases$ Article ?$: pro!isions for <ust and humane conditions of "or' and maternity relief$ Article ?B: -romotion of educational and economic interest of S$C, S$T, and other "ea'er sections$ Article ?C: it o)ligates the state to raise the le!el of nutrition and the standard of li!ing and to impro!e pu)lic health$

La"our rights

Legal ights: elations The Trade Unions rders) Act, 0127 Laws related to Industrial The Trade Unions Act, 0187 (Amendments) Act, 8::0 The Industrial Employment (Standing The Industrial Disputes Act, 0123 Laws related to Wages The -ayment of &ages Act, 01A7 &ages (A5E/D5E/T) Act, 8::I The 5inimum &ages Act, 012O The &or'ing 6ournalist (4i,ation of >ates of &ages) Act, 01IO The -ayment of Bonus Act, 017I Laws related to WorGing 1ours6 Conditions of (ervices and The -ayment of

Employment

The 4actories Act, 012O The Doc' &or'ers (>egulation of Employment) Act, 012O The -lantation Ja)our Act, 01I0 The 5ines Act, 01I8 The 5erchant Shipping Act, 01IO The 5otor Transport &or'ers Act, 0170 The Beedi U Cigar &or'ers (Conditions of Employment) Act, 0177 The Contract Ja)our (>egulation U A)olition) Act, 013: Laws related to E8uality and Empowerment of Women The 5aternity Benefit Act, 0170 The E9ual >emuneration Act, 0137 Laws related to .eprived and .isadvantaged (ections of the (ociety The Bonded Ja)our System (A)olition) Act, 0137 The Child Ja)our (-rohi)ition U >egulation) Act, 01O7 The Children (-ledging of Ja)our) Act, 01AA Laws related to La"our Welfare The 5ica 5ines Ja)our &elfare 4und Act, 0127 The Jimestone U Dolomite 5ines Ja)our &elfare 4und Act, 0138 The Beedi &or'ers &elfare +und Act, 0137 The Beedi &or'ers &elfare Cess Act, 0137 The Iron re 5ines, 5anganese &elfare +und Act, 0137 The Iron re 5ines, 5anganese &elfare Cess Act, 0137 re 5ines U Chrome re 5ines U Chrome re 5ines Ja)our re 5ines Ja)our

The Cine &or'ers &elfare +und Act, 01O0 The Cine &or'ers &elfare Cess Act, 01O0 The Employment of 5anual Sca!engers and Construction of Dry latrines -rohi)ition Act, 011A Constitutional ights:

Articles 02, 01, 80, 8A and 82 form part of the 4undamental >ights guaranteed under -art III of the Constitution$ Articles AO, A1, A1.A, 20, 28, 2A, 2A.A and 23 form part of the Directi!e -rinciples of State -olicy under -art IH of the Constitution$

4I!T0RICA5 LAC87R0A3E

!ource of Indian constitution is the different laws made .% .ritishers durin$ colonial period from 1M<5?19OM.i.e all 2 charter acts ,Indian council acts,mont Q ford reforms,morle%?minto reforms ,simon commission etc. Various Indian nationalist leaders ha e also pla% a crucial role in ma6in$ Indian constitution+7andhi,motilal 3ehru R son 1awaharlal 3ehru/. Lut the main structure or +atma)of Indian constitution is government of india act 1935.

In au$ust mission 19O0 .ritishers finall% realise there should .e constitutional commitie for ma6in$ Indian constitution. L% the recomendation of ca.inet mission constitution commitie+ samvidhan sabha) was made. *irstl% interim chairman of samvidhan sabha was dr. sachhidanand sinha .ut later on dr.ra1endra Prasad was made chairman. Total of DD commities main commitie was draftin$ commitie+M mem.er/ headed .% dr. L.R Am.ed6er. After arious de.ate and corrections +appro' M<52 corrections / it too6 D.5 %ears to finalise constitution. *inall% in Eecem.er 19O9 indian constitution was made.
4EATU>ES 4 I/DIA/ C /STITUTI /

Indian constitution is the lon$est written constitution in the world ,reason is that the framers of the constitution .orrowed pro ision from different sources. Partl% ri$id and partl% fle'i.le+features are almost same in any standard boo ) means some parts are amended .% ordinar% process .% parliament and some parts are amended .% particular ma1orit%. A democratic repu.lic means +final power !anta e hath mein hai). Parliamentar% s%stem of $o ernment means representati e s%stem of $o ernment and parliament iat the center of law ma6in$ process+ president sirf nam e liye asli

satta primeminister e pass) A federtation means powers are distri.uted .etween center and states +not equally). Independent 1udiciar% ,sin$le citi>enship,independent statutar% rd th .odies)commities,three tier s%stem of $o ernment+M2 R MO amendment/. !0ARC"! *R09 EI**"R"3T C0A3TRI"! 0* T4" B0R5E *undamental duties,fundamental ri$hts,directi e principles of state polic% etc.

*rom A.8. *rom A.!.

3ominal 4ead Q President +li6e Vueen/ Ca.inet !%stem of 9inisters Post of P9 Parliamentar% T%pe of 7o t. Licameral Parliament 5ower 4ouse more powerful Council of 9inisters responsi.le to 5owe 4ouse !pea6er in 5o6 !a.ha Britten Constitution "'ecuti e head of state 6nown as President and his .ein$ the !upreme Commander of the Armed *orces Vice? President as the e'?officio Chairman of Ra1%a !a.ha *undamental Ri$hts !upreme Court Pro ision of !tates Independence of 1udicial re iew Pream.le Kudiciar% and

Remo al of !upreme court and 4i$h court Kud$es

*rom A!!R

*undamental Euties *i e %ear Plan Concurrent list 5an$ua$e of the pream.le Pro ision re$ardin$ trade, commerce and intercourse 5aw on which the !upreme Court function !uspension of *undamental Ri$hts durin$ the emer$enc% !cheme of federation with a stron$ centre Eistri.ution of powers .etween centre and the states and placin$. Residuar% Powers with the centre Concept of Eirecti e Principles of !tates Polic%+Ireland .orrowed it from !PAI3/ 9ethod of election of President 3omination of mem.ers in the Ra1%a !a.ha .% the President

*rom AA!TRA5IA

*rom KAPA3 *rom weimar constitution of 7"R9A3:

*rom CA3AEA

*rom IR"5A3E

!I73I*ICA3T PR0VI!I03! 0* T4" I3EIA3 C03!TITATI03

In ODnd constitution amendement in 19M< three words are included ie socialist,secular and the inte$rit% +by the recommandetion of suvarna singh commitie). Till now in our constitution onl% one amendement is done that is ODnd amendement. *undamental ri$hts included in article 1D to 25+part 2/ , which includes arious ri$hts such as ri$ht to freedom ,ri$ht to e-ualit%,freedom of speech and e'pression . Lut ri$ht to propert% e'cluded from the fundamental ri$hts and now it is included in part 1D article 200+A/+" have not included each article because it will become very boring) . *reedom of reli$ion ,ri$ht a$ainst e'ploitation. 0ut of all articles in fundamental ri$hts, ri$ht to constitutional remedies+article 2D/ was er% important which sa%s person whose fundamental ri$hts was iolated has ri$hts to mo e to supreme court. *undamental duties were included in part O ,article 2< to 51. thou$h it is 1udicial% not mandetar% for $o ernment and people .ut it has ethical importance.+ people can not approach court if anybody has violated its duties). Verma commitie+1991/ recommended certain pro isions for implementation of fundamental duties. Parliament has solo ri$hts to create new state ,chan$e name and .oundar% of an% state accordin$ to article D,2. Amendements in constitution can .e done under article 2<&+part D0/,.% 2 wa%s. *irst .% normal ma1orit%,second .% special ma1orit%+.% D)2rd of ma1orit%/,and third .% special ma1orit% and appro al from states+ in case amendement in distribution of !uditiary powers between center and states#about president election etc. can be done by approval from the states.

!09" I9P0RTA3T P"3EI37 A9"3E"9"3T!

10&?amendement Q6nown as women reser ation .ill+mahila ara shan vidheya )includes reservation of 1$3rd in state assembly and lo sabha.passed in ra!yasabha #pending in lo sabha. 110 amendement?allows 50S reser ation in panchayats for women candidate. +bill is related to gamin vi as mantralaya and is sent to sumitra maha!an commitie%standing commitie ) for validation. 11D?amendement related to reser ation of 501S in ur.an local self $o ernment for women candidate+.ill is sent to parliament standin$ commitie for ur.an de elopment headed .% sharad pawar/ 11O amendement Qrelated to 1udiciar% in which pro ision for incrementin$ retirement a$e of 1ud$es from <D?<5. 115 amendement?related to 7!T+$oods and ser ice ta'/. 11< amendement?related to lo6pal+2D2?8/ and lo6a%u6ta+2D2?E/.
DEH JUTI / 4 - &E>S( '$34:$;$TI+$*)

5ocal self $o ernment was first e ol ed in europian countries. 0. iousl% in India it was the $ift of .ritishers to us. 5ord rippon is 6nown as father of local self $o ernment in india+1&&D/ After independence local self $o ernment was included in Mth schedule of Indian constitution. D 0cto.er 195D common de elopment pro$ram was initiated ,which was

particularl% for de elopment of rural areas ,which includes participation of rural peoples in de elopment process,to de elope leadership in rural people,to enchance people with political assistance .etc 5imitation of pro$ram is that it was fail to eshta.lish peoples co?operation,it was fail to attract and ena.le to in ol e people. To re ise failure of this pro$ram &'()'N*+'" ,-.*' commitie was made in 195M,and the recommandetions of the commitie are the .asis of local self $o ernment. Commitie recommended 2 tier local parishadWpancha%at samitieW$ampancha%at/ self $o ernment i.e +>ilha

After that man% more commities were made,'/.01 ,-.*' 20,,"*"-%1933)#4.).1 +'0 commitie%1955)#(., /"N6.)" commitie%1957). 5.9 sin$h i commitie(s recommandetions are important which stated as follows. 1/ pro idin$ constitutional status to local self $o ernment D/election of local self $o ernment should .e done re$ularl%,and si$nificant pro ision should .e included in constitution. 2/localm self $o ernment should .e pro ided with income source,to ma6e it self independent+atmanirbhar) Ra1i 7andhi $o ernment had decided to $i e constitutional status to local self $o ernment in 19&9 and introduced <Oth amendement .ut it was not passed in ra1%asa.ha+.ecause the% did not ha e ma1orit% in ra1%asa.ha/. In 19&9 .p sin$h $o ernment come into power,the% introduce .ill in 1990,.ut th%s lost power a.d .ill was not passed. Lut in 1991 p. . narsimharao $o ernment suceded and in 199D M2rd and MOth amendement re$ardin$ loacal self $o ernment was passed.%" am not including wor s of gram panchayat#panchayat samiti and 8illa parishad as it is already covered in any standard boo ). At presnt union list has 9M su.1ects,state list has << su.1ects,and concurrent list has 5D su.1ects. A3I03 5"7I!5ATAR"

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXX

Anion le$islature+ article 59 to 35 related to union legislature) made up of rashtrapati#lo sabha #and ra!yasabha%though rashtrapati is not the member of the any of the house) President+rashtrapati):%article 59):related to rashtrapati. President is indirectl% elected .% the people throu$h the elected mem.ers of .oth the houses +lo sabhaa and ra!yasabha) and the state le$islature +onl% idhansa.ha/. Rashtrapati has appointment powers Qwhich includes election of primeminister and its ca.inet ,attorne% $eneral of india,1ud$es of hi$h court and supreme court,comproler and auditor $eneral of india,$o erner of states,election commitioner,finance commistion,chief of all 2 forces+arm%,nea %,airforce/,union and composite pu.lic commistion+not state pu.lic commistion ,it is elected .% $o erner/,!C)!T commistion,minorit% commistion etc. Kudicial powers?power to decide num.er of 1ud$es ,election of 1ud$es,ta6e su$$estion of supreme courtetc. *inancial power?election of finance commistion after 5 %ear,e-ual di ision of income ta' .etween states etc. "mer$enc% powers?national emer$enc% article 25D,state emer$enc% article 25<+president rule)#financial emer$enc% article 2<0. President has 2 t%pes of eto powers?a.solute,-ualified,and poc6et eto. Also in case president can also has power for announcement of ordenence under article 1D2. President can ha e pardonin$ powers under article MD+mafi a adhi ar). Impeachment motion can .e laid on president under article <1,to pass this

motion D)2 rd ma1orit% is needed. Article M9 to 1DD related to parliament+ra1%asa.ha and lo6sa.ha/. Ra1%asa.ha? total D50 out of which D2& represents state and AT(s and 1D nominated .t the president. Powers of ra1%asa.ha?for $eneral .ills +sarvasadharan vidheya ) appro ement from ra1%asa.ha is important. *or financial .ill ra1%asa.ha has no eto power ,it can onl% dela% .ill for 1O da%s onl%. *or amendement .ill appro al from ra1%asa.ha is important,and also in 25D,25<,2<0 appro al is needed. !pecial powers?impeachment motion of ice president can .e laid in ra1%asa.ha onl%,it has power to ma6e laws in state list,eshta.lishment of an% new national ser ice+such as AP!C/ motion can .e first laid on ra1%asa.ha onl%. 5o6sa.ha Qma'imum 55D,out of which 520 represents states,D0 represents AT(s ,and D nominated .% president+an$lo Indian/. At present ?5O5 total mem.ers ,out of which 52 for state and,12 forAT(s,and D for an$lo Q Indian. !TAT" 5"7I!5ATAR" XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXX

!tate le$islature consist of $o erner, idhansa.ha,and idhanparishad+if an%/. 0ut of D& ,+D9 of course after some time/ states onl% < states ha e idhanparishd, i>, KR8,A.P,LI4AR,9A4AR!4TRA,8AR3ATA8A,A3E4RAPRAE"!4. In TA9I53AEA , E98 $o ernment ha e tried to pass .ill in idhanparishad+le$islati e assem.l%/,.ut due to lower ma1orit%,.ill was not passed.

Lut when A99A+AIAE98 chief 1a%alalita/ came into power,the% passed the

.ill,conse-uentl% parliament had also passed the .ill in D010,.ut suddenl% in D011,AIAE98 $o ernment re o6ed the .ill,and APA $o ernment handed o er the .ill in D01D to ra1%asa.ha till now the .ill is pendin$. Vidhanparishad+le$islati e council/?upper house of the state le$islature. Part < ,article 1<& to D1D is related to state le$islature. As li6e as ra1%asa.ha it is ne er .e ad1ourned,mem.er stren$th minimum O0 to ma'imum of 1)2rd of the state idhansa.ha+assem.l%/ total stren$th. KAEICIAR:

Vidhansa.ha+assem.l%/? total stren$th accordin$ to population of the particular state minimum <0 to ma'imum 500.

!upreme court?eshta.lished in 1950,formel% 6nown as federal court of india+1925/. Article 1DO to 1OM, part 5 related to Indian 1uciciar%. Total no of 1ud$es in supreme court is 1+c1i/;20 +other/=21. T%pes of 1ud$es? actin$ chief 1ustice,ad hoc 1ud$es,retired 1ud$es. 0ther powers of supreme court? court can monitor the wor6in$ of AP!C,an% dispute .etween election of president and ice president etc. Verdict of supreme court is mandetar% for all courts in india. .ut it is not mandetar% for itself,the% ha e power to rein esti$ate their own erdict. Ander article 1O2 president if necessar% ,consult supreme court for their iews. 4i$h court? firstl% started in 8ol6ata,Lom.a%,madras in 1&<D,toda% total no of hi$h court is DO. Article D1O to D21 ,part < is related to hi$h court. Powers nearl% same as supreme court.

3ow lo6?adalat that is people(s court, concept is .ased on the ideolo$ies of 9A4AT9A 7A3E4I KI. It can handle ci il cases,compounda.le criminal cases,marria$e cases,caeses related to land etc. Loth the parties can directl% communicate with 1ud$es. Case can .e handed o er to lo adalat onl% if .oth the parties were a$ree on it. Lasicall% the emphasise of court +lo adalat) is for compromise .etween .oth the parties. Important point is that erdict of lo6 adalat is final,and mandetar% for .oth the parties,after that no Qone can appeale to the ape' court or hi$h court. Ander the article 29+a/ ,and le$al ser ices authorities act 19&M,lo6 adalat has .een $i en an statutar% status. *or the accounta.ilit% of the 1ud$es ,$o . has passed 1udicial standards and accounta.ilit% .ill D010.+apni accountability e bare mein abhi nahi sochte ye politicians..haha).

T4" 5A37AA7" PR0L5"9

G4I!T0R:? P0!T I3E"P"E"3C" C03!05IEATI03 A3E R"0R7A3IPTI03 BIT4 I3 T4" C0A3TR:H The lan$ua$e pro.lem was the most di isi e issue in the first D0 %ears of independent India. It created the apprehension amon$ man% that the political and cultural unit% of the countr% was in dan$er The pro.lem posed to national consolidation .% lin$uistic di ersit% has ta6en D ma1or forms 1. The dispute o er official lan$ua$e of the union D. The lin$uistic reor$ani>ation of the states

1. T4" EI!PAT" 0V"R 0**ICIA5 5A37AA7" 0* T4" A3I03

The dispute was not o er the -uestion of a national lan$ua$e, .ut o er official lan$ua$e of communication.

Reason# The constitution ma6ers declared all the reco$ni>ed lan$ua$es +now DD/ as Ilan$ua$es of IndiaJ or TIndia(s national lan$ua$esJ. B4: I3EIA 3""E 0**ICIA5 5A37AA7"Y

India is a multilin$ual countr%.The country#s official "or' could not )e carried on in so many languages . There should .e one common lan$ua$e for the central $o ernment to carr% on its wor6 and maintain contact with the state $o ernments. 0PTI03!#? "n$lish or 4indi

B4: 30T "375I!4 T0 L" C03TI3A"EY

Lelief that the forei$n lan$ua$e could not spread out the culture and $enius of the people of a free countr% +independent India/ AR7A9"3T! *AV0ARI37 "375I!4#

1. 5an$ua$e of international commerce and diplomac% D. Contain rich literar% treasure 2. Introduction to western thou$ht and culture

AR7A9"3T! *AV0ARI37 4I3EI#

1. Pla%ed 6e% role durin$ the national mo ement especiall% durin$ the phase of mass mo.ili>ation D. 9ost widel% spo6en and understood lan$ua$e in the countr%. AR7A9"3T! A7AI3!T 4I3EI *0R 0**ICIA5 5A37AA7"#

1. 4indi was the lan$ua$e of the lar$est num.er .ut not the ma1orit%. D. 5ess de eloped than an% other lan$ua$e as a literar% lan$ua$e and lan$ua$e of science and politics. 2. 9ain fear#? Eisad anta$eous for non?4indi spea6in$ areas especiall% !outh India in education and economic spheres, competition for appointments in $o ernment and pu.lic sector 1o.s. O. It would lead to political, social, economical and cultural domination of 4indi areas

on non?4indi areas. 4I3EI 0R 4I3EA!TA3IY 4indi is written in Ee ana$ari script and 4industani is written in Ee ana$ari or Ardu script. After partition, Pa6istan claimed Ardu as the lan$ua$e of 9uslims and Pa6istan. Then, the otaries of 4indi demanded the 4indi in de ana$ari script to .e made India(s national lan$ua$e. 4owe er, the national leader con inced them to accept that 4indi will .e made official lan$ua$e.

TI9" *RA9" I!!A"#

The issue of time frame for a shift from "n$lish to 4indi produced a di ide .etween 4indi and non?4indi spea6in$ areas. 4indi areas wanted immediate switcho er to 4indi. 3on?4indi areas ad ocated retention of "n$lish for a lon$ period if not indefinite period.

C03!TITATI03A5 PR0VI!I03!#

1. 4ind in de ana$ari script with international numerical would .e made India(s official lan$ua$e. D. 4indi was to .e introduced in phased manner and would replace "n$lish as official lan$ua$e completel% .% 19<5.

70V"R39"3T EAT: I3T4I! R"7ARE A! 5AIE L: C03!TITATI03#

1. To promote the spread and de elopment of 4indi. D. Appointment of a lan$ua$e commission and KPC to re iew the pro$ress in this respect.

The constitution ma6ers .elie ed that .% 19<5, e er% o.stacle in ma6in$ 4indi as official lan$ua$e would .e cleared.

B4: T4"IR L"5I"* B"3T I3 VAI3Y

1. !pread of education was too slow. D. Proponents of 4indi themsel es The% tried to populari>e collo-uial 4indi as spo6en and written in 4indi areas in other parts of the countr%. !ans6rit >ed the lan$ua$e, replacin$ commonl% understood words with newl% manufactured and little understood words. This made it more and more difficult for non?4indi spea6ers to understand and learns it. Too much sans6riti>ation of 4indi news .ulletins of AIR. 9an% listener would switch off their radios when the 4indi news was .roadcast. Thus people of non? 4indi areas lost interest to learn 4indi.

0**ICIA5 5A37AA7" C099I!!I03# !et up in 1955 and $a e report in 195<. Recommendation#? 4indi should start pro$ressi el% replacin$ "n$lish in arious functions of central $o ernment. L% 19<5, the process should .e completed. Thereafter 4indi would .e solo official lan$ua$e.

These recommendations were re iewed .% KPC.

PR"!IE"3T 0RE"R T0 I9P5I9"3T R"C099"3EATI03! 0* KPC#

1. After 19<5, 4indi would .e principal official lan$ua$e .ut that "n$lish would continue as the associate official lan$ua$e without an% restrictions .ein$ placed on its use. D. 4indi would also .ecome an alternati e medium for the AP!C e'ams after some

time. *or the present, it would .e introduced in the e'aminations as a -ualif%in$ su.1ect. 70V"R39"3T(! !T"P! T0 PR090T" 4I3EI#

1. Central 4indi Eirectorate was set up. D. Pu.lication of standard wor6s in 4indi or in 4indi translation in arious fields. 2. Compulsor% trainin$ of central $o ernment emplo%ees in 4indi. O. Translation of more te'ts of law into 4indi and promotion of their use .% the courts.

PR0T"!T! I# All these measures aroused suspicion and an'iet% in non?4indi areas and $roups R soon led to protests on account of their $rie ances and fears on ma6in$ 4indi as solo official lan$ua$e. 9eanwhile, a$itations started .% pro?4indi leaders claimin$ that $o ernment deli.eratel% dela%in$ the process. The% demanded immediate replacement of 4indi o er "n$lish.

A!!AR"3C" L: 3ATI03A5 5"AE"R!4IP# The 7oI and national leadership were full% aware of the dan$er that the official lan$ua$e could pose to Indian polit% Therefore, the% too6 the $rie ances of non?4indi areas seriousl% and handled the issue with $reat care and caution.

The $o ernment of India passed 0**ICIA5 5A37AA7"! ACT 19<2. It stated that Ithe "n$lish 9A: .e continued to .e used in addition to 4indi after 19<5.

The non?4indi $roups critici>ed the use word 9A: in place of the word !4A55 in the act. PR0T"!T II# In 19<O, the central $o ernment declared that it was considerin$ ma6in$ 4indi an alternati e medium in pu.lic ser ice e'aminations It meant an e'tra ad anta$e for 4indi spea6in$ people in competin$ for pu.lic

ser ice e'ams. 9an% non 4indi leaders in protest chan$e their line of approach to the pro.lem of official lan$ua$e. Pre iousl% "n$lish. the% demanded for slowin$ down of the replacement of

3ow there should .e no dead line fi'ed for the chan$eo er. !ome leaders from Tamilnadu went further claimin$ "n$lish should .e made the official lan$ua$e.

Anti 4indi mo ement started in non 4indi areas +esp T3/ with slo$an I4I3EI 3"V"R "375I!4 "V"RJ. It was a popular mo ement with students in the lead. Eemanded to amend the constitution to ma6e "n$lish as official lan$ua$e. It .ecame iolent soon

4indi supporters tried to or$ani>e a counter a$itation in 4indi areas .ut the% did not $et much pu.lic support. The a$itations forced the union $o ernment to re ise its stand.

A99"3E9"3T T0 0**ICIA5 5A37AA7" ACT 19<2# Gin 19<MH

"n$lish as an associate lan$ua$e in addition to 4indi as official and lin6 lan$ua$e would continue as lon$ as the non?4indi states wanted it. !09" 0T4"R P05ICI"! R"7AREI37 5A37AA7" I!!A"#

1. Pu.lic ser ice e'ams were to .e conducted in 4indi, "n$lish and all re$ional lan$ua$es. D. The states were to adopt a 2?lan$ua$e formula 3on 4indi areas mother ton$ue ;4indiZ;"n$lish or some other lan$ua$e to .e tau$ht in school. 4indi areas 4indi ; "n$lish ; a non?4indi lan$ua$e.

2. Indian lan$ua$es would ultimatel% .ecome the medium of education in all su.1ects

at the uni ersit% le el. The time frame for chan$eo er would .e decided .% each uni ersit% to suit its con enience. "3E 0* T4" 0**ICIA5 5A37AA7" I!!A"#

*inall%, India had arri ed at a widel% accepted solution +a.o e two points/ to the pro.lem of official and lin6 lan$ua$e for the countr%. !ince 19<M, this pro.lem has $raduall% disappeared from political scene. PR07R"!! 0* 4I3EI A! 0**ICIA5 A3E 5I38 5A37AA7"#

1. 4indi has .een ma6in$ rapid pro$ress in non?4indi areas throu$h education, trade, tourism, films, radio and TV. D. The use of 4indi as an official lan$ua$e has also .een $rowin$ thou$h "n$lish is still dominant. 2. 7rowin$ num.er of news papers and TV channels in 4indi lan$ua$e is a direct proof of increasin$ popularit% of that lan$ua$e. O. 9ost of the parliamentar% functions are .ein$ carried out in 4indi. CRITICI!9 03 T4" 7R0BT4 0* 4I3EI C09PAR"E T0 "375I!4#

"n$lish remains and li6el% to $row a/ as a lan$ua$e of communication .etween the intelli$entsia all o er the countr%. ./ as a li.rar% lan$ua$e. c/ as the second lan$ua$e of the uni ersities.

4indi failed to perform an% of these roles compared to "n$lish. C0C5A!I03# Bhate er ma% .e the pro$ress of 4indi, the ideal of ma6in$ 4indi the lin6 lan$ua$e of the countr% remains. Lut the wa% in which enthusiastic prota$onists of 4indi promoted the lan$ua$e pushed .ac6 the chances of this happenin$ for a lon$ time. [[[[[[

D. T4" 5I37AI!TIC R"0R7A3I!ATI03 0* T4" !TAT"!

The demand for lin$uistic reor$ani>ation of the states came to the forefront immediatel% after independence.

B4: T4I! E"9A3EY Loundaries durin$ Lritish rule were drawn in a hapha>ard manner for administrati e con enience. 3o heed was $i en paid to lin$uistic or cultural cohesion.

Reason#? The Lritish con-uest of India had proceeded for nearl% a hundred %ears. 4I!T0R: *0R T4" IE"A 0* 5I37AI!TIC R"0R7A3I!ATI03 0* !TAT"!# Eurin$ the national mo ement, the I3C undertoo6 political mo.ili>ation of masses in their mother ton$ue. In 19D1,it amended its constitution and reor$ani>ed its re$ional .ranches on lin$uistic .asis. !ince then, our national leadership repeatedl% promised the redrawin$ of the pro isional .oundaries on lin$uistic lines.

AR7A9"3T! *AV0ARI37 AE9I3I!TRATIV" A3IT!#

T4"

5I37AI!TIC

!TAT"!

A!

1. 5an$ua$e is closel% related to culture and customs of the people ==W common needs and aspirations. D. 7rowth of mass literac% can onl% occur throu$h the medium of the mother ton$ue. 2. Eemocrac% can .ecome real to the common people onl% when politics and administration are conducted throu$h the lan$ua$e the% can understand. The mother ton$ue can .e medium of education 6 administration6 1udiciar% acti it% onl% when the state is formed on the .asis of such a predominant lan$ua$e. VI"B! 03 5I37AI!TIC PRI3CIP5" A*T"R I3E"P"E"3C"#

Thin$s chan$ed after independence and partition. 0ur leaders felt that car in$ out states on the .asis of lan$ua$e mi$ht lead to disruption and disinte$ration. Reasons# 1. Partition had created serious administrati e, economic and political dislocation. It alread% caused serious economic, law and order pro.lems.

D. There was e'ed 8ashmir pro.lem and war li6e situation with Pa6istan ==W 3ational securit% pro.lem. 2. The% felt that most important tas6s after independence were to consolidate national unit% and to attend social and economic challen$es the countr% was facin$. O. The% feared an% effort underta6en immediatel% to redraw the internal .oundaries mi$ht +a/ dislocate administration and economic de elopmentC +./ intensif% re$ional and lin$uistic ri alriesC +c/ unleash destructi e forcesC +d/ dama$e the unit% of the countr%. Therefore, the central leadership decided to postpone matters. E4AR C099I!!I03#

In 19O&, the constituent assem.l% appointed the Ilin$uistic pro inces commissionJ headed .% 1ustice !.8,Ehar to en-uire into the desira.ilit% of lin$uistic pro inces. Report#? ad ised a$ainst the step at the time for it mi$ht threaten national unit% and also .e incon enient for administration Lut the pu.lic opinion was not satisfied, especiall% in the south India and the pro.lem remained politicall% ali e. KVP C099ITT""#

To appease the ocal otaries of lin$uistic states, the con$ress appointed KVP +Kawaharlal, Valla.hai, Patta.i seetaramaiah/ committee in Eecem.er 19O&. It ad ised a$ainst the creation of lin$uistic states for the time .ein$. It emphasi>ed on unit%, national securit% and economic de elopment as the need of the hour. 4owe er, it left some room for the creation of lin$uistic states where the demand was stron$ and a$reea.le to other lan$ua$e $roups. *0R9ATI03 0* A3E4RA !TAT"# Protests .e$an in the Telu$u spea6in$ areas of the 9adras pro ince demandin$ separation from it. The Tamil leader leadership also a$reed to it. Lut 9adras cit% .ecame the .one of contention as .oth the parties wanted it.

Therefore, the 7oI was una.le to ta6e decision immediatel%. The mo ement $athered momentum with time 0n 19 0cto.er 195D, Potti !riramulu, a con$ress leader and eteran 7andhian went on an indefinite fast that led to his death after 5< da%s This caused $reat unrest and resulted in iolent out.ursts in Andhra re$ion. People in lar$e num.ers too6 to streets. 9an% were in1ured and lost their li es in police firin$.

*inall%, the P9 announced the formation of separate Andhra state in Eec 195D. It came into e'istence in 0ct 1952with 8urnool as capital. !imultaneousl%, Tamilnadu was created as Tamil spea6in$ state with 9adras cit% as capital. "**"CCT 0* !ACC"!! 0* A3E4RA !TRA775"# It encoura$ed other lin$uistic $roups to a$itate for their own state on lan$ua$e .asis. These stru$$les forced the central $o ernment to appoint a I!tate Reor$ani>ation CommissionJ in 1952 to loo6 into the -uestion of redrawin$ of the .oundaries of the states.

!RC# Chairman Kustice *a>l Ali C 9em.ers 8.9.Pani66ar and 4rida%nath 8u>ru. Report su.mitted in 0cto.er 1955. It recommended redrawin$ of state .oundaries on lin$uistic .asis. 4owe er, it opposed the splittin$ of Lom.a% and Pun1a.. It also laid down due consideration should .e $i en to administrati e and economic factors.

!RC(s recommendations were accepted, thou$h with certain modifications and were -uic6l% implemented.

!TAT" R"0R7A3I!ATI03 ACT#

Passed .% Parliament in 3o 195< It pro ided for formation of 1O states and < ATs. The Telan$ana area of 4%dera.ad state was transferred to Andhra and A3E4RAPRAE"!4 was created. 8"RA5A was created .% mer$in$ the 9ala.ar district of old 9adras presidenc% with Tra encore?Cochin. Certain 8annada spea6in$ areas of the states of Lom.a%, 9adras, 4%dera.ad and Coor$ were added to 9%sore state +renamed as 8arnata6a in 19M2/. Lom.a% state was enlar$ed .% mer$in$ the states of 8utch, !aurastra and the 9arathi spea6in$ areas of 4%dera.ad state. Pun1a. was also enlar$ed .% addin$ P"P!A +Patiala and "ast Pun1a. states Anion/ to it.

L09LA: !TAT" I!!A"# There was stron$ demand for the formation of 9aharashtra and 7u1arat in Lom.a% state since independence on lin$uistic .asis. After !RC(s report made pu.lic, there was stron$est reaction a$ainst the report from 9aharashtra. Bidespread riotin$ and iolence .ro6e out in a$itations demandin$ 9aharashtra state on lin$uistic .asis. E"CI!I03 1# Ander pressure, the $o ernment of India decided in Kune 195< to di ide Lom.a% state into two lin$uistic states of 9aharashtra and 7u1arat. Lom.a% cit% would .e made AT. This mo e was stron$l% opposed .% the 9aharastrians.

E"CI!I03 D# The 7oI chan$ed its decision and now decided to form 7reater Lilin$ual Lom.a%. This mo e was howe er opposed .% the people of .oth 9aharashtra and

7u1arat. The 7u1aratis felt that the% would .e a minorit% in the Lilin$ual state. Also the% were not read% to lose Lom.a% cit% to 9aharashtra if di ided. Violence and arson spread throu$hout the re$ion.

In iew of disa$reement o er Lom.a% cit%, the $o ernment struc6 to its decision of 7reater Lilin$ual state and passed !R Act in au$ 195<. Lut the matters could not rest there. Popular a$itation continued for nearl% 5 %ears. *I3A5 E"CI!I03# The $o ernment finall% a$reed to .ifurcate the state of Lom.a% into 9aharashtra and 7u1arat. Lom.a% cit% .ein$ included in 9aharashtra and Ahmada.ad made the capital of 7u1arat temporaril%.

T4" PA3KAL CA!"# In the .ilin$ual Pun1a. state, the issue of which lan$ua$e to .e made lan$ua$e of administration and schoolin$ $raduall% led to demand for car in$ out a separate Pun1a.i su.a in the Pun1a.i spea6in$ part of the state. The !RC re1ected the demand on the $round that there was no much difference .etween 4indi and Pun1a.i. After a $reat deal of discussions, an a$reement was arri ed in 195< .etween the A6alidal and 7oI. It led to mer$er of Pun1a. and P"P!A. 4owe er the pro.lem did not end here. 3ow it assumed communal character. The A6alidal under the leadership of 9aster Tara !in$h or$ani>ed a powerful a$itation around the demand for formation of Pun1a.i su.a. It ar$ued that the !i6hs needed a state of their own in which the% could dominate as a reli$ious and political communit% .ecause of their lar$er num.er. The 4indu communalists and 4ari1an!i6hs+9a>hani !i6hs/ opposed this demand sternl%.

The $o ernment of India refused to concede the demand mainl% .ecause of its communal underpinnin$s. It felt that the acceptance of a communal demand would threaten the secular fa.ric of the state and societ%. 5ater two de elopments cleared wa% for the creation of a Pun1a.i su.a. !ant *atch !in$h ousted Tara !in$h from the leadership of A6alidal. 4e declared the demand for a Pun1a.i su.a was entirel% lan$ua$e .ased. 9a1or political parties and social or$ani>ations in 4ar%ana demanded a separate state and those in 8an$ra as6ed for its mer$er with 4imachal Pradesh.

Conse-uentl%, in march 19<<, the P9+Indira 7andhi/ announced that .ifurcation. After lon$ ne$otiations on the -uestion of Chandi$arh, it was made AT and 1oint capital of .oth Pun1a. and 4ar%ana.

C03C5A!I03# Thus after more than 10 %ears of continuous strife and popular stru$$les, the lin$uistic reor$ani>ation was lar$el% completed. L% doin$ so, the national leadership remo ed $rie ance which could ha e led to fissiparous tendencies.

I!TAT" R" 0R7A3I!ATI03 I! L"!T R"7ARE"E A! T4" 7R0A3E *0R 3ATI03A5 I3T"7RATI03J# A CRITICA5 "VA5ATI03 Ar$uments in fa or of the statement# 1. After reor$ani>ation, the lan$ua$e has not defined the politics of the states. D. It has not affected the federal structure of the union as man% feared. 2. 3o complaints of discrimination in the raisin$ or e'pandin$ of the resources on the $round of lan$ua$e. O. The national $o ernment has .een stren$thened .% the creation of coherent state units.

Thus, state reor$ani>ation has not onl% not wea6ened the unit% of the nation, .ut as a whole stren$thened it.

Criticism# !tate reor$ani>ation did not, of course resol e all the pro.lems related to lin$uistic conflicts. 1. Eisputes o er .oundaries .etween states, lin$uistic minorities and economic issues such as sharin$ of waters and surplus food persist. D. 5in$uistic Chau inism +idea that one(s lan$ua$e is superior to other/ also finds occasional e'pression.

4owe er, the reor$ani>ation has remo ed a ma1or factor affectin$ the cohesion of the countr%.