· 2018-11-16 · [email protected] Loss of Capital City, challenges in building new capital...

www.OnlineIAS.com [email protected]

www.OnlineIAS.com

www.OnlineIAS.com

Andhra Pradesh Reorganisation Act, 2014:

Part I – Preliminary

Explained terms like Appointed day, article, assembly constituency, election

commission, existing state of AP, law, notified order, population ratio ((58.32:41.68),

sitting member, successor state, transferred territory, treasury,

Part II – Reorganisation of the state of AP

Districts in each state have been mentioned.

Common capital.

Constitution of expert committee

Responsibility of Governor – Law and order, internal security, security of vital

installations.

Grey hounds

Octopus

Part III – Representation in the state legislature

Rajya Sabha: AP 11, TS 7

Lok Sabha: AP 25, TS 17

Assembly: AP 175, TS 119

Part IV – High Court

High Court of Judicature at Hyderabad will be the common High Court for both the

states

Part V – Authorisation of expenditure and distribution of revenue

Authorisation of funds by the Governor

Report of CAG

Part VI – Apportionment of assets and liabilities

The successor states shall be liable to bear the financial liabilities arising out of the

decisions taken by the existing state of AP

http://www.onlineias.com/

mailto:[email protected]




www.OnlineIAS.com

Disputes can be settled by mutual agreement, failing which central government would

issue order on the advice of CAG

Land, stores ……with in the territory

Part VII – Provisions as to certain corporations

Corporations continue to function in the same area

Part VIII – Provisions as to services

‘State cadre’ means IAS, IPS, IFoS

Strength of each state will be decided by the GOI

SPSC for AP

SPSC for Telengana will be constituted under the provisions of article 315

APPSC – Submits the report to Governor (Article 323)

TSPSC – submits the report to the Governor (Article 323)

Part IX – Management and Development of Water Resources

Part X – Infrastructure and Special Economic Measures

Central government orders on coal, oil and natural gas, and power generation shall be

implemented by the successor states (12th schedule)

Part XI – Access to Higher Education

The existing quotas in government or private, aided or unaided, institutions of higher, technical,

medical education in so far as it is provided under article 371D of the Constitution, shall

continue as such for a period of 10 years during which common admissions process shall

continue

Part XII – Legal and Miscellaneous provisions

Under article 371 D, the state of AP has been substituted by State of AP or State of

Telengana

In section 15 A Legislative council of Telengana has been included

Amendments done to the Act:

5 Mandals fully and 2 mandals partially merged in AP to provide rehabilitation to the people

of the villages that would be submerged due to the construction of Polavaram project.

85 percent of power produced by the central power projects in AP would be distributed between

the 2 states on population ratio. The rest 15 would be on the basis of usage consumption for

the last 5 years.





www.OnlineIAS.com

Loss of Capital City, challenges in building new capital and its financial implications

Hyderabad became the capital city of AP in 1956

Many industries were established in Hyderabad region. BHEL, NMDC, BEL, ECIL,

DRDO, HAL, etc

Hyderbad became biotechnology hub

STP was established in the year 1991-91

High tech was constructed

Cyberabad became separate administrative block

ISB (Indian School of Business)

IIT…

Shivaraman Krishanan committee: (Expert Committee)

It was constituted by the GOI on March 1, 2014

Strength – 5

Aromar Devi, Prof Jagan Shah, K T Ravindran, Dr Rateen Rai are the members

This committee is meant to study various altenatives regarding new capital city

This committee toured 11 districts

Providing employment is the biggest challenge to the new state of AP

The expert committee looked into 3 possible approaches.

Greenfield location in which single city is created

Expanding existing cities

Distributed development

Construction of Rajbhava, state legislature, High Court, Secretariat, infrastructure

Division and Rebuilding of common Institutions:

9th schedule – mentions Companies and corporations (89)

10th Schedule – Mentions state institutions (107). Out of this 97 are located in

Hyderabad

11th schedule – principles directing the working method of river waters management

boards

12th schedule – coal, electricity,

13th schedule – Education





www.OnlineIAS.com

Educational Institutions (AP)

IIM – Vizag (Gambhiram)

IIT – Tirupati (Merlapaka)

Tribal University – Vijayanagaram

Central University – Anantapuram

NIT – West Godavari (Tadepalligudem)

IIIT – Kurnool

Urdu University – Kurnool (Orvakallu)

Division of employees, their relocation and nativity issues:

Kamalanathan Committee: Appointed by the central government in June 2014

AP demanded the division of employees should be on the basis of population and TS

on the basis of local status

9th schedule – 89 companies – Expert committee under the chairmanship of Shilabidae

was appointed for the division of these employees

85 percent of employment is provided to the local people. (out of seven previous years

if a student continuously studied for 4 years that becomes the native place)

The words educational institutions and ‘local’ were clearly defined by the Presidential

order in the 4th and 7th para respectively

What is Local? AP government can confer the local status to those candidates who

return from Telengana on or before June 2, 2017. They can settle anywhere in 13

districts. They are treated on par with the local people.

Importance of June 27, 2016:

Administrative machinery shifted from Hyderabad to Navyandhra

Marketing department is the first AP department to start its work (Guntur)





www.OnlineIAS.com

Effects of bifurcation on commerce and entrepreneurs:

Low budget

Capital deficit

Lack of infrastructure

Government signed many projects during ‘Sun rise AP meet’ in Vishakapatnam

Vishaka Steel, Reliance, HUDCO, Amarraja groups are investing in prestigious

projects

Asian Development Bank providing loan of $625 mn for Vizag-Chennai coastal

corridor

Central Assistance:

1. AP reorganization act, 2014

2. Report of 14th Finance Commission

3. Dr Manmohan Singh’s statement before the Parliament on February 20, 2014

4. Report of Vice Chairman of NITI Aayog on 1-12-2015

As per the 13th schedule of Act, central government should take all steps for the stable

development of the new states

For AP the assistance to come for constructing Raj Bhavan, Secretariat etc

The PM laid the foundation stone for the construction of new capital on October 22,

2015

Note: On the same day (October 22, 2015) Tirupati International terminal was

inaugurated by the PM

Our soil – our water – our Amaravati

My Brick – My Amaravati

Outer ring road, high ways, roads, ports, air ports to be developed

Note: The Goal of AP to put the state in the first position by 2029

River Water Sharing:

Apex council supervises the functioning of Godavari River Management Board and

Krishna River Management Board

Apex Council – Chairperson – Minister for Water Resources (GOI)

CMs of AP and TS are the members

Both the boards were constituted in 6 days from the appointed day





www.OnlineIAS.com

Headquarters of Godavari Board – TS and Krishna river management board is located

in AP

Each board is assisted by CISF on day to day basis

KWDT:

Krishna Water Disputes Tribunal

KWDT1 was established in the year 1969 under the provisions of Interstate River Water

Disputes Act of 1956

It was headed by S Bachawat (former judge of Supreme Court)

The dispute was among the states of Maharashtra, Karnataka, Telengana and AP

Note: Godavari is the longest river and Krishna is the second longest river in South

India

Final award of KWDT was given in the year 1973

It included only scheme A and scheme B was left over

Scheme A – Division of the available waters based on 75% dependability

Scheme B – to share surplus water

KWDT II

It was constituted in the year 2004

This is also called Justice Brajesh Kumar tribunal

According to the draft verdict of 2010 AP got 1001 tmc, Karnataka 911 tmc,

Maharashtra 666 tmc

Next review will be after 2050

Final verdict was given on November 29, 2013

It got the extension of 2 years

Indian Polity and Governance, Constitutional Issues, Public Policy, reforms and e-governance

initiatives





www.OnlineIAS.com

What is governance? This is basically redefining the role of the state.

Development of governing styles in which boundaries between and within public

and private sectors have become blurred. This is the capacity to get the things

done.

Liberal economic policies

Strengthening and reforming market institutions

Capacity building of market institutions

Encouraging democratic participation

Strengthening civil society institutions

Reducing the role of the state

Moving away from authoritative single agency

It is not just reforms in civil services. It touches every aspect of politics,

economy and society

Why the government role should be redefined?

1. Weak role of state

2. Ineffective development policies

3. Poor implementation

4. Inefficient and incompetent absorption of international aid

5. Corruption diluting the effectiveness

6. Most of the countries even in the west faced fiscal crisis due to the inability

to bear the public expenditure of welfare policies. Hence social spending

reduced and the search for alternative strategies developed

7. Reduction of corruption and rule bound behaviour

Hence there is a necessity of alternative frameworks for policy making

alternative institutions for delivering public services

World Bank advised that there should be a shift from Government to

Governance

Later privatisation and liberalisation became the new slogans of the

effective government





www.OnlineIAS.com

Is the role of state reduced?

In this scenario however the role of state is not reduced but

reconceptualised

Are the societal problems can be resolved only by the state?

The political institutions can no longer exercise monopoly of orchestration

of governance

In governance the players are drawn from beyond the government

Boundaries are blurred

More autonomy and self-governing

Three most important players in the governance. State, market and civil

society

This is an interactive process where state imposes its will but its acceptance

depends on compliance and action of others

What is government to governance?

Changes in the relationships between state, private sector and civil society

Academic attention would shift from state centric analysis to

understanding the wider public policy system.

Here state involves in negotiations, bargaining and compromise.

World Bank: Governance is the institutional capacity of public organisations to

provide the public and other goods demanded by a country’s citizens in an

effective, transparent, impartial and accountable manner, subject to resource

constraint

-------------------------------------

E- GOVERNANCE & INFORMATION TECHNOLOGY:

E-Governance is the term used for a technology driven governance.

It is the usage of Information and communication technology (ICT) to deliver

government services, exchange of communication transactions, and government to

citizen and government to business as well as govt. to govt. interaction through fast

paced, accurate and transparent electronic medium.

It is based on the theory that the State can increase its capacity in the changing

environment through the use of Information Technology.

It helps eradicate boundaries.





www.OnlineIAS.com

E-governance on the other hand is related to a broader term where the govt. wants to

reach out of their organisations to the people and communicate with them and eradicate

boundaries.

Dissemination Model - The administration through use of ICT can place information

into the public domain.

Critical Flow Model - Only certain clientele in society are required to be intimated

about a policy and so IT helps in selectively doing so.

Comparative Analysis Model - Best practices of other systems can be efficiently and

accurately and collectively shared through IT.

Mobilisation and lobbying Model - IT empowers people with knowledge and only

empowered people/citizens with the required knowledge can ensure good governance.

Interactive State Model - Grievances of people can be communicated, addressed and

resolved efficiently and without delay through interactive IT systems.

Practical Aspects - Enables efficient delivery of government services, exchange of

communication transactions, government to citizen and government to business as well

as govt. to govt. interaction through fast paced, accurate and transparent electronic

medium. It will reduce red-tapism due to hierarchy and enables decentralisation of

information and services, enable transparency, increase capacity of administration to

bring about rapid socio-economic and political development, skilled manpower enters

into organisation and is a boon, proper and timely performance appraisal is done to

avoid delay and de-motivation etc.

The National Information Technology Act, 2000 gave this concept a legal identity and

formal structure and authority. The act was subsequently modified in 2001 to adapt to

new changes and demands of the society and globalisation.

The National E-governance Plan was brought out as well to bring about socio-economic

development and consolidate culture and IT. The Finance Ministry, Railway ministry, Health

ministry, etc are trend setters as well as rely heavily on IT and ICT.

At the state level, Andhra Pradesh first of all took the lead by inaugurating the SMART project

(Simple, Moral, Acceptable, Responsible, and Transparent) of administration and its services

to the people.





www.OnlineIAS.com

Public Policy:

MODELS OF POLICY MAKING:

INCREMENTAL MODEL:

This is given by Charles Lindblom in his article ‘The Science of Muddling Through”

published in 1959

This model acknowledges the practical difficulties in policy making and draws attention

to constraints on administration like time, cost, politics and intelligence

According to him the policy makers always start with the accepted programmes and

budgets and then try to add new programmes and policies to the existing ones.

It means the past activities continue with certain modifications

This is a step by step decision making using the previous experience

This model is the most favorite one in developing countries because it is based on the

concept of renewal of older policy instead of defining a new policy.

As a result of time factor, cost factor and risk factor it suits the environment of such

conditions.

RATIONAL MODEL:

Policy is rational when it is most efficient

In calculating efficiency all social, economic and political values achieved or sacrificed

by public policy should be taken into consideration

Maximizing of net value achievement it the hallmark of rational policy

MIXED SCANNING MODEL:

This is given by Etzioni in an article ‘Mixed Scanning – A Third Approach to Decision

Making” published in the year 1967.

Etzioni proposed intermediate model that combines elements of the incremental and

rational comprehensive model

According to Etzioni the incremental model discourages social innovations and it takes

the side of most powerful and organized which gets more benefits from the policy

makers

CHARACTERISTICS OF PUBLIC POLICY:

Dynamic process

Complex process (some parts are visible and some are not)

Involves various substructures (political systems, issues and societal values)

Provides major guidelines

Involves various agencies (political parties, legislature, executive, judiciary etc)

TYPES OF POLICIES:

Political policy: policy of the party in power





www.OnlineIAS.com

Executive policy: the government shapes the general policy to put into implementation

Administrative policy:

Technical policy: day to day policies adopted

PROBLEMS IN IMPLEMENTATION:

Conflicting directives

Limited competence

Inadequate administrative resources

WHO IMPLEMENTS THE POLICIES?

Bureaucracy

Legislative bodies (PAC, EC, CoPU)

Judicial bodies

Interest groups

Community groups

Public policy is an instrument of government to ensure socio economic development

The source of Public policy is DPSP

DPSP is meant for establishing social and economic democracy

The DPSP are the basic parameters to any ruling party to frame the public policy

These are the constitutional instructions to the state in legislative, executive and

administrative matters

The aim is to realize the high ideals of justice, liberty, equality and fraternity as outlined

in the preamble

The DPSP states the welfare state

Public policy stress the importance of social and national interest

Fundamental rights are for the individual interest and the DPSP for the social interest

1951 – champakam Dorairajan case

1967 – Golaknath case

1973 – Kesavananda Bharathi case

1980 – Minerva Mills Case

As per the 42nd amendment in case of conflict between the Fundamental Rights and the

DPSP, the DPSP prevail

44th amendment removed the Right to Property from the list of fundamental rights for

easy acquisition of the land for the public purpose

In the recent past the judiciary is giving directions because of policy paralysis and

policy confusion

Ex: Interlinking of river waters, PDS, Black Money from the foreign accounts, mining

issues (as it is related to the environment issues)





www.OnlineIAS.com

Apart from this the judiciary is also defining course of society and culture by defining

marriage, divorce, legitimacy of children, legalizing prostitution, checking human

trafficking etc

Media is playing a crucial role and hence the concept of peoples Parliament

The policy formulation, execution and analysis are getting overlapped because of

confusion and policy back out

Because there is a failure from the part of the state civil society, political parties, NGOs,

Media are playing crucial role

Note: Now the civil society is also getting divided on the name of the ideology. This

may create more confusion in the society

In future in India the Public policy will not depend on the party but on the quality of

the leadership who can take the benefits to the grass root levels

1951 – CHAMPAKAM DORAIRAJAN CASE:

In case of conflict between the two fundamental rights would prevail over the DPSP

SC ruled that the FRs can be amended by constitutional amendment acts

As result the Parliament made first (1951), 4th (1955) and 17th (1964) amendments to

give effect to the directives

FIRST AMENDMENT: empowered the state to make special provisions for the

advancement of socially and economically back ward classes

Added 9th schedule to protect land reform and other laws included in it from judicial

review

4TH AMENDMENT: made scale of compensation given in lieu of compulsory

acquisition of private property beyond the scrutiny of courts

17th amendment: prohibited the acquisition of land under personal cultivation unless

the market value of the land is paid as compensation

1967 – GOLAKNATH CASE: the SC ruled that the fundamental rights cannot be

amended for the implementation of the DPSP

Parliament reacted to the Golaknath case through 24th (1967) and 25th (1971)

amendments.

24TH AMENDMENT: affirmed the power of parliament to amend any part of the

constitution including fundamental rights

Made it compulsory for the President to give assent to the constitutional amendment

bill

1973 – KESAVANANDA BHARATHI CASE: the SC declared that the second

provision of article 31C as unconstitutional and invalid on the ground that judicial





www.OnlineIAS.com

review is a basic feature of the constitution and cannot be taken away. But the first

provision of article 31C was held constitutional and valid

42ND AMENDMENT: extended the scope of first provision of article 31C by including

within its protection any law to implement any DPSP and not merely 39 (b) and (c).

The amendment accorded the position of legal primacy and supremacy to the DPSP

over fundamental rights conferred by articles 14, 19 and 31.

1980 – Minerva Mills Case: the extension of the scope of article 31C through the 42nd

amendment was declared unconstitutional by the SC.

It means the DPSP was once again made subordinate to the Fundamental rights. But

the fundamental rights conferred by article 14 and 19 were accepted as subordinate to

the DPSP as specified in Article 39 (b) and (c).

Reforms:

WHAT ARE ADMINISTRATIVE REFORMS?

This is a process of change with complete transformation in terms of structure and

behavior.

This is different from administrative reorganization which is internal exercise in which

the patient is a self appointed doctor.

According to Gerald E.Caiden administrative ereform is “the artificial inducement of

administrative transformation against resistence”.

This involves artificial inducement of administrative transformation against resistance.

The administrative reforms include improvements in structure, processes and behavior

of the administrative system.

WHEN THE ADMINISTRATIVE REFORMS WERE FIRST INTRODUCED?

Since the time of Chandra Gupta Maurya and Ashoka





www.OnlineIAS.com

Muslim rule witnessed so many reforms

East India Company Rule

Company Rule – all reforms were introduced by the Governor-General but during

crown rule some committees were set up.

Crown Rule – Creation of Central Secretariat, departmentalization, consolidation of

district administration, urban local government, rule of law, reorganization of judiciary,

integration of Police system, recruitment by open competition, establishment of Public

Service Commissions, professionalization of civil services, Training, rational salary

structure, evolution of responsible government.

Crown Rule Committees

Committee on Indian Civil Services – 1854

The special committess on civil services salaries – 1860

The committee on selection and training of candidates for the Indian Civil services

(1876)

The Public Service Commission (1886-87)

The Royal Commission upon Decentralization – 1907- 09

The Royal Commission on Public Services in India – 1912-15

Committee on Secretariat reorganization (Wheeler Commission – 1930)

Committee on organization and procedure (Maxwell) – 1936

WHY ADMINISTRATIVE REFORMS?

No reforms – the system loses the effectiveness

To meet unending series of problems and challenges

There were many challenges like over population, poverty, economic under

development, social backwardness, communalism, regionalism, parochialism,

secessionism, criminalization of politics, feudal lords, invaders, colonialists. Increasing

lawlessness, corruption, distorting competition, money and muscle power playing

major role in elections,

After attaining independence a state learns the art of self governance only by trail and

error.

Hence the need for administrative reforms

The system revitalizes itself constantly

Gathers the capabilities to respond

Directs itself to the socio-economic development (most important part)

It leads to changes in administration of revenue, finance, personnel, local government

etc.

The nation building depends on the effectiveness of administrative reforms





www.OnlineIAS.com

WHERE THE REFORMS ARE NEEDED?

Administration

Financial

Human Resources (fulfillment of human potential, ensuring human dignity, access to

justice, access to good quality education and healthcare to make a citizen a productive)

Planning

Delegation

Economic

WHO INTRODUCES THE REFORMS?

In Parliamentary democracies it is the political executives that introduce reforms

The parliament provides the credibility

What happens in Presidential governments? – Why the ad reforms are slower?

SINCE INDEPENDENCE:

More than 800 committees were set up at the central and state levels

Reforms need not be depending on the committees.

Some reforms were not introduced because of the vested interests

Committees were given specific objectives with few selected aspects of the

administrative system

The committees were to look into Secretariat Organization, Civil Service Recruitment,

Training, Pay Structure, Urban Goevrnment, Rural administration, prevention of

corruption and so on.

Only ARC was given the task of scrutinizing almost whole administrative system.

The Hoover Commission in US and Royal Commission in Canada (1960-63) focused

on federal government level in the respective countries and ARC was more

comprehensive then these two.

FIRST PAY COMMISSION:

Set up in 1946

Chairman – Varadachari

Report submitted in 1947





www.OnlineIAS.com

PLANNING COMMISSION:

Set up in 1950

NDC:

Set up in 1952

BR MEHTA COMMITTEE:

Set up in 1957

For the study of Community projects and National extension Services.

Recommended for introduction of Panchayati Raj in India

SECOND PAY COMMISSION:

Set up in 1959

Chairman Jagannath Das

Recommended for the creation of Whitley councils for resolving the employer-

employee problems

COMMITTEE ON PREVENTION OF CORRUPTION:

1962

Chairman – Santhanam Committee

Submitted in 1964

Recommended for the strengthening of vigilance irganizations

Code of conduct for civil servants

CVC was set on the recommendation of this committee

ARC

Set up on January 5, 1966

Chairman – Morarji Desai

Taken over by K Hanumantappaiah in the year 1967

Submitted 20 reports with 537 recommendations

Problems of redress of citizens grievances (1966), Machinary for planning (1967),

Public undertakings (1967), Economic administration (1968), LIC (1968), Central

Direct Tax administration (1968), personnel administration (1969), Centre-state





www.OnlineIAS.com

Relations (1969), State Administration (1969), Railways (1970), RBI (1970), Posts and

Telegraphs (1970) etc.

Significant recommendations are appointment of Lokpal and Lok Ayuktas , creation of

personnel department at the central level, performance budgeting, introduction of

specialists into middle and senior management positions.

ARC maintained that training as ‘an investment in human resources’.

The ARC was abruptly dissolved in 1970 – the damage was irrepairable

THIRD PAY COMMISSION:

1973

Chairman – Raghubir Dayal

Recommended for classification of posts in the context of various occupational groups

at different levels

COMMITTEE ON RECRUITMENT POLICY AND SELECTION METHODS:

1976

Chairman D S Kothari

Recommended for single examination for AIS (introduced)

Preliminary (qualifying), written and interview

COMMITTEE ON PANCHAYATI RAJ INSTITUTIONS:

1977

Chairman Ashok Mehta

Recommended 2 tier structure

Recommendations ignored because of political reasons

COMMITTEE ON CENTRE-STATE RELATIONS:

1984-88

R S Sarkaria

Recommended for the creation of inter-state council and implemented in the year 1990.

Recommended for the sound principles for federalism

4TH PAY COMMISSION:

1986

Chairman Jusitice singhal

COMMITTEE ON THE RECRUITMENT POLICY AND SELECTION METHODS

FOR AIS:





www.OnlineIAS.com

1989

Chairman – Satish Chandra

FIFTH PAY COMMISSION:

1994

Chairman – Justice Ratnaval Pandian

SIXTH PAY COMMISSION:

Constituted on October 5, 2006

Chairman Justice B N Sri Krishna

SECOND REFORMS COMMISSION:

Appointed on 31.08.2005

Chairman – Veerappa Moiley

Moiley resigned on April 1, 2009

V Ramachandran became the chairman

Submitted 15 reports like RTI, Unlocking human capital, ethics in governance, public

order, crisis management, Local self government, e-governance, steps to ensure

effective district management, implementation of MGNREA,

MAJOR ISSUES IN REFORMS:

1. Efficiency and Economy

2. Specialization

3. Effective coordination

4. Administration and development of Public Personnel

5. Integrity in public service

6. Responsiveness and public accountability

7. Decentralization

8. Democratization

How far the reforms were successful in India?

In India administrative reforms are of mixed success

Success with Planning Commission, civil service recruitment, separation of Audit from

Accounts, separation of judiciary from executive, training programs,

Limited success – Lok Ayuktas, citizens grievances, whitley councils, vigilance

commission,





www.OnlineIAS.com

SUCCESS DEPENDS ON

Needs of the system and benefits

Public support

Feel of sharing on reforms

Timeliness

Political will

Effective sources for initiating

Strategies for implementation

Flexibility

Reward and punishment system

Evaluation and appraisal

Institutionalization of reforms

RESISTANCE COMES FROM

Threat to the power positions

Vested interest

Lack of political will

Administrative inexperience

Ambiguity

Lack of flexibility

Pressure from the above

Individualization instead of institutionalization

HOW TO WORK?

Political will is a must

It can push through the reforms with a spirit of commitment, when supported by

competent and integrated administrators

The Indian politico-administrative leadership has adopted a cautious, incremental and

gradualist approach to administrative reforms.

Values, work ethics, integrity, entrepreneurship, humanitarianism and empathy can be

imbibed by civil servants only when supportive culture promotes and nurture values.

In India such supportive system has to be created

Must concentrate on quality education as most of the resources are getting wasted

because of inadequate and poor quality of school education.

Constitutional Issues:





www.OnlineIAS.com

1st ARC

Sarkaria Commission

2nd ARC

M M Punchi Commission

Finance Commission

Law Commission(s)

M N Venkatachalaiah Commission

Special Provisions:

PART XVI: (Special Provisions Relating to Certain Classes)

Articles 330 – 342

330: Reservation of seats to SCs and STs in the Lok Sabha

This is in proportion to their population

331: President may nominate not more than 2 members belong to the Anglo-Indian community

Present nominated Anglo-Indians in the Lok Sabha. These were nominated in July 2015

1. Richard Hay from Kerala

2. George Baker from West Bengal

Note: Both of them joined BJP and are now bound by the whip of BJP

332: Reservation of seats to SCs and STs in the Assemblies

333: The Governor may nominate one member of A-I community to the Assembly

Elvin Stephenson is the nominated member in Telengana Assembly

Philip C Tocher is the nominated member of AP assembly

334: The reservation of seats for SCs, STs and A-I....shall cease to have effect after 70 years

from the commencement of this Constitution.

Issue: Many other castes are also demanding for the reservations. This is the time to decide

whether reservations should be scrapped completely or other castes should also be provided

with the reservation. The special provisions to SCs and STs did not help them to come out of

the clutches





www.OnlineIAS.com

335: Claims of SCs and STs to posts...taken into consideration consistently with the

maintenance of efficiency of administration in the making of the appointments. In connection

with Union or state

Issue with 7th schedule:

Federation

Union List

State List

Concurrent List

Through 42nd amendment forests, education, weights and measurements, wildlife

protection, judicial administration became the part of concurrent list. (These were in

the state list)

Residuary powers vested with the central government

Through 1st amendment 9th schedule has been added to the Constitution. The items of

this schedule do not fall under the purview of judicial review. The apex court declared

that the subjects that are added after 1973 would be subjected to judicial review. But

no review was done so far

Note: Judicial review is a part of basic structure of the Constitution.

10th Schedule:

It was added through 52nd amendment in the year 1985

Final decision is taken by the Speaker or Chairman. There is no time limit for them.

Judicial review is permitted from 1993

The criticism is that the chair is giving more priority to the party than the Constitution

Parliament:

Criminalisation of politics

In the 16th Lok Sabha 15 percent are with criminal background

This is leading to the diminishing of democratic values

NOTA is addressing this problem to some extent. But it was introduced on the

directions of the Supreme Court. Parliament shows no interest on this

Delegated legislation………..What for the legislatures?

Ineffective standing committees in the Parliament (their advices are not binding)

Lack of IT knowledge on the part of many legislators

Frequent usage of Article 123

Executive is playing more crucial role than the Parliament

Coalition governments are becoming ineffective

No proper discussion on budget. Guillotine is being used

Members taking money to ask questions

Note for vote





www.OnlineIAS.com

Absence of the members during sessions

Lok Pal:

Absence of ombudsman

Judiciary:

Crores of cases pending

Less number of judges

Conflict between Judiciary and Executive in the appointment of judges

Lack of accountability of Judiciary

Judicial activism is leading to more conflict

So far no bench of Supreme Court was established

Part XI:

Most of the articles exercise control of Union government on states

Misuse of article 356.

Note: Dr B R Ambedkar expected that this article should be a dead letter

Appointment and removal of governors

Under the provisions of Article 201 the President decides the fate of a state bill

Under articles 275 and 285 the union decided the amount to be given to the states

Finance commission – Article 280




· 2018-11-16 · [email protected] Loss of Capital City, challenges in building new capital...

Documents

Transcript of · 2018-11-16 · [email protected] Loss of Capital City, challenges in building new capital...