POLITY

A QUICK VIEW TO PANCHYAT RAJ
The panchayat raj is a South Asian political system mainly in India, Pakistan, and Nepal. "Panchayat" literally means assembly (yat) of five (panch) wise and respected elders chosen and accepted by the village community. Traditionally, these assemblies settled disputes between individuals and villages. Modern Indian government has decentralized several administrative functions to the village level, empowering elected gram panchayats. Gram panchayats are not to be confused with the unelected khap panchayats (or caste panchayats) found in some parts of India.


•         Panchayati Raj is a system of governance in which gram panchayats are the basic units of administration. It has 3 levels: village, block and district.
•         The term ‘panchayat raj’ is relatively new, having originated during the British administration. 'Raj' literally means governance or government. Mahatma Gandhi advocated Panchayati Raj, a decentralized form of Government where each village is responsible for its own affairs, as the foundation of India's political system. His term for such a vision was "Gram Swaraj" (Village Self-governance).
•         It was adopted by state governments during the 1950s and 60s as laws were passed to establish Panchayats in various states. It also found backing in the Indian Constitution, with the 73rd amendment in 1992 to accommodate the idea.
•         The Amendment Act of 1992 contains provision for devolution of powers and responsibilities to the panchayats to both for preparation of plans for economic development and social justice and for implementation in relation to twenty-nine subjects listed in the eleventh schedule of the constitution.
•         The panchayats receive funds from three sources – (i) local body grants, as recommended by the Central Finance Commission, (ii) funds for implementation of centrally-sponsored schemes, and (iii) funds released by the state governments on the recommendations of the State Finance Commissions.
•         In the history of Panchayati Raj in India, on 24 April 1993, the Constitutional (73rd Amendment) Act, 1992 came into force to provide constitutional status to the Panchayati Raj institutions. This Act was extended to Panchayats in the tribal areas of eight States, namely Andhra Pradesh, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Orissa and Rajasthan from 24 December 1996. Now panchayati raj system exists in all the states except Nagaland, Meghalaya and Mizoram. Also all the UTs except Delhi. ]
•         The Act aims to provide 3-tier system of Panchayati Raj for all States having population of over 2 million, to hold Panchayat elections regularly every 5 years, to provide reservation of seats for Scheduled Castes, Scheduled Tribes and Women, to appoint State Finance Commission to make recommendations as regards the financial powers of the Panchayats and to constitute District Planning Committee to prepare draft development plan for the district.The 3-tier system of Panchayati Raj consists of a) village level panchayat b) block level panchayat c) district level panchayat.
Powers and responsibilities are delegated to Panchayats at the appropriate level :-
§  Preparation of plan for economic development and social justice.
§  Implementation of schemes for economic development and social justice in relation to 29 subjects given in Eleventh Schedule of the Constitution.
§  To levy, collect and appropriate taxes, duties, tolls and fees.
Intermediate level panchayat
Panchayat samiti is a local government body at the tehsil or Taluka level in India. It works for the villages of the Tehsil or Taluka that together are called a Development Block. The Panchayat Samiti is the link between the Gram Panchayat and the district administration. There are a number of variations of this institution in various states. It is known as Mandal Praja Parishad in Andhra Pradesh, Taluka panchayat in Gujarat, Mandal Panchayat in Karnataka, etc.In general it's a kind of Panchayati raj at higher level.
Constitution
It is composed of ex-officio members (all sarpanchas of the panchayat samiti area, the MPs and MLAs of the area and the SDO of the subdivision), coopted members (representatives of SC/ST and women), associate members (a farmer of the area, a representative of the cooperative societies and one of the marketing services) and some elected members.
The samiti is elected for 5 years and is headed by the chairman and the deputy chairman.
Departments
The common departments in the Samiti are as follows:
1.   General administration
2.   Finance
3.   Public works
4.   Agriculture
5.   Health
6.   Education
7.   Social welfare
8.   Information Technology and others.
There is an officer for every department. A government appointed block development officer is the executive officer to the samiti and the chief of its administration the dapartment of
Functions
1.   Implement schemes for the development of agriculture.
2.   Establishment of primary health centres and primary schools.
3.   Supply of drinking water, drainage, construction/repair of roads.
4.   Development of cottage and small-scale industries and opening of cooperative societies.
5.   Establishment of youth organisations.
A QUICK VIEW TO PANCHYAT RAJ
The panchayat raj is a South Asian political system mainly in India, Pakistan, and Nepal. "Panchayat" literally means assembly (yat) of five (panch) wise and respected elders chosen and accepted by the village community. Traditionally, these assemblies settled disputes between individuals and villages. Modern Indian government has decentralized several administrative functions to the village level, empowering elected gram panchayats. Gram panchayats are not to be confused with the unelected khap panchayats (or caste panchayats) found in some parts of India.


•         Panchayati Raj is a system of governance in which gram panchayats are the basic units of administration. It has 3 levels: village, block and district.
•         The term ‘panchayat raj’ is relatively new, having originated during the British administration. 'Raj' literally means governance or government. Mahatma Gandhi advocated Panchayati Raj, a decentralized form of Government where each village is responsible for its own affairs, as the foundation of India's political system. His term for such a vision was "Gram Swaraj" (Village Self-governance).
•         It was adopted by state governments during the 1950s and 60s as laws were passed to establish Panchayats in various states. It also found backing in the Indian Constitution, with the 73rd amendment in 1992 to accommodate the idea.
•         The Amendment Act of 1992 contains provision for devolution of powers and responsibilities to the panchayats to both for preparation of plans for economic development and social justice and for implementation in relation to twenty-nine subjects listed in the eleventh schedule of the constitution.
•         The panchayats receive funds from three sources – (i) local body grants, as recommended by the Central Finance Commission, (ii) funds for implementation of centrally-sponsored schemes, and (iii) funds released by the state governments on the recommendations of the State Finance Commissions.
•         In the history of Panchayati Raj in India, on 24 April 1993, the Constitutional (73rd Amendment) Act, 1992 came into force to provide constitutional status to the Panchayati Raj institutions. This Act was extended to Panchayats in the tribal areas of eight States, namely Andhra Pradesh, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Orissa and Rajasthan from 24 December 1996. Now panchayati raj system exists in all the states except Nagaland, Meghalaya and Mizoram. Also all the UTs except Delhi. ]
•         The Act aims to provide 3-tier system of Panchayati Raj for all States having population of over 2 million, to hold Panchayat elections regularly every 5 years, to provide reservation of seats for Scheduled Castes, Scheduled Tribes and Women, to appoint State Finance Commission to make recommendations as regards the financial powers of the Panchayats and to constitute District Planning Committee to prepare draft development plan for the district.The 3-tier system of Panchayati Raj consists of a) village level panchayat b) block level panchayat c) district level panchayat.
Powers and responsibilities are delegated to Panchayats at the appropriate level :-
§  Preparation of plan for economic development and social justice.
§  Implementation of schemes for economic development and social justice in relation to 29 subjects given in Eleventh Schedule of the Constitution.
§  To levy, collect and appropriate taxes, duties, tolls and fees.
Intermediate level panchayat
Panchayat samiti is a local government body at the tehsil or Taluka level in India. It works for the villages of the Tehsil or Taluka that together are called a Development Block. The Panchayat Samiti is the link between the Gram Panchayat and the district administration. There are a number of variations of this institution in various states. It is known as Mandal Praja Parishad in Andhra Pradesh, Taluka panchayat in Gujarat, Mandal Panchayat in Karnataka, etc.In general it's a kind of Panchayati raj at higher level.
Constitution
It is composed of ex-officio members (all sarpanchas of the panchayat samiti area, the MPs and MLAs of the area and the SDO of the subdivision), coopted members (representatives of SC/ST and women), associate members (a farmer of the area, a representative of the cooperative societies and one of the marketing services) and some elected members.
The samiti is elected for 5 years and is headed by the chairman and the deputy chairman.
Departments
The common departments in the Samiti are as follows:
1.   General administration
2.   Finance
3.   Public works
4.   Agriculture
5.   Health
6.   Education
7.   Social welfare
8.   Information Technology and others.
There is an officer for every department. A government appointed block development officer is the executive officer to the samiti and the chief of its administration the dapartment of
Functions
1.   Implement schemes for the development of agriculture.
2.   Establishment of primary health centres and primary schools.
3.   Supply of drinking water, drainage, construction/repair of roads.
4.   Development of cottage and small-scale industries and opening of cooperative societies.
5.   Establishment of youth organisations.

POLITY / THE PARLIAMENT OF INDIA -

                                       

The Parliament of India (commonly referred to as the Indian Parliament) is the supreme legislative body in India. The Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India consists of the two houses and the President of India.

The parliament is bicameral, with an upper house called as Rajya Sabha, and a lower house called as Lok Sabha. The two Houses meet in separate chambers in theSansad Bhawan (commonly known as the Sansad Marg), in New Delhi. The Members of either house are commonly referred to as Member of Parliament or MP. The MPs of Lok Sabha are elected by direct election and the MPs of Rajya Sabha are elected by the members of the State Legislative Assemblies in accordance withproportional voting. The Parliament is composed of 802 MPs, who serve the largest democratic electorate in the world and the largest trans-national democratic electorate in the world 

Of the 552 members of the House of People, 530 members represent the territorial Constituencies in the States, 20 represent the Union territories , chosen in such manner as Parliament may by law provide. These members serve a 5 year term until the next General Election are held. 2 members are chosen by the president. House seats are apportioned among the states by population in such a manner that the ratio between that number and the population of the State is, so far as practicable, the same for all States.

The 250 Members of the Council of States serve a staggered six-year term. 12 of these members are nominated by the President and shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely literature, science, art and social service. The 238 members are representatives of the States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote. Every two years, approximately one-third of the Council is elected at a time.

Lok Sabha

Lok Sabha (in Hindi) is also known as the "House of the People" or the lower house. Almost all of its members are directly elected by citizens of India. Every citizen who is over 18 years of age, irrespective of gender, caste, religion or race, who is otherwise not disqualified, is eligible to vote.

The Lok Sabha can have up to 552 members as envisaged in the Constitution of India. It has a term of five years. To be eligible for membership in the Lok Sabha, a person must be a citizen of India and must be 25 years of age or older, mentally sound, should not be bankrupt and should not be criminally convicted. Up to 530 members can be elected from the states in single member districts, up to 20 members from the Union territories and no more than two members from the community can be nominated by the President of India if the president feels that the Anglo-Indian community is not adequately represented. The Lok Sabha has 545 members, some seats are reserved for representatives of Scheduled Castes and Scheduled Tribes.

Rajya Sabha

The Rajya Sabha is also known as "Council of States" or the upper house. Its members are indirectly elected by members of legislative bodies of the States.

The Rajya Sabha has 250 members in all. Elections to it are scheduled and the chamber cannot be dissolved. Each member has a term of 6 years and elections are held for one-third of the seats after every 2 years.

§                     Representatives of States are elected by the elected members of the Legislative Assembly of the State in accordance with system of proportional representation by means of single transferable vote.

§                     Representatives of Union Territories are indirectly elected by members of an electoral college for that territory in accordance with system of proportional representation.

The Council of States is designed to maintain the federal character of the country. The number of members from a state depends on the population of the state (e.g. 31 from Uttar Pradesh and one from Nagaland).

The minimum age for a person to become a member of Rajya Sabha is 30 years.

The President of India 

The President of India,  is the head of state and first citizen of India, as well as the Commander-in-Chief of the Indian Armed Forces.

• Although Article 53 of the Constitution states that the President can exercise their powers directly with few exceptions, all of the authority vested in the President is in practice exercised by the Council of Ministers, headed by the Prime Minister.
• The President is elected, from a group of nominees, by the elected members of the Parliament of India (Lok Sabha and Rajya Sabha) as well as of the state legislatures (Vidhan Sabhas), and serves for a term of five years.
•  Historically, ruling party (majority in the Lok Sabha) nominees have been elected and run largely uncontested. Incumbents are permitted to stand for re-election. A formula is used to allocate votes so there is a balance between the population of each state and the number of votes assembly members from a state can cast, and to give an equal balance between State Assembly members and National Parliament members.
•  If no candidate receives a majority of votes there is a system by which losing candidates are eliminated from the contest and votes for them transferred to other candidates, until one gains a majority. 
• The Vice-President is elected by a direct vote of all members (elected and nominated) of the Lok Sabha and Rajya Sabha.

Selection Process

Eligibility

• A person shall not be eligible for election as President if he holds any office of profit under the Government of India or the Government of any State or under any local or other authority subject to the control of any of the said Governments.a citizen of India
• of 35 years of age or above
• qualified to become a member of the Lok Sabha

Certain office-holders, however, are permitted to stand as Presidential candidates. These are:

• The current Vice President.
• The Governor of any State.
• A Minister of the Union or of any State.

In the event that the Vice President, a State Governor or a Minister is elected President, they are considered to have vacated their previous office on the date they begin serving as President.

Conditions for President

Certain conditions, as per Article 59 of the Constitution, debar any eligible citizen from contesting the presidential elections. The conditions are:

• The President shall not be a member of either House of Parliament or of a House of the Legislature of any State,and if a member of either House of Parliament or of a House of the Legislature of any State be elected President, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as President.
• The President shall not hold any other office of profit.
• The President shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule.
• The emoluments and allowances of the President shall not be diminished during his term of office.

Removal of the President

The President may be removed before the expiry of his/her term through impeachment. A President can be removed for violation of the Constitution of India.

The process may start in either of the two houses of the Parliament. The house initiates the process by levelling the charges against the President. The charges are contained in a notice which has to be signed by at least one quarter of the total members of that house. The notice is sent up to the President and 14 days later, it is taken up for consideration.

A resolution to impeach the President has to be passed by a two-third majority of the total members of the originating house. It is then sent to the other house. The other house investigates the charges that have been made. During this process, the President has the right to defend himself/herself through an authorized counsel. If the second house also approves the charges made by two-third majority again, the President stands impeached and is deemed to have vacated his/her office from the date when such a resolution stands passed. Other than impeachment, no other penalty can be given to the President for the violation of the Constitution.

No President has faced impeachment proceedings. Hence, the above provisions have never been used.

Succession

• In the event of a vacancy created for the President's post due to death, resignation, removal, etc., Article 65 of the Indian Constitution says that the Vice President will have to discharge his duties.
•  The Vice President reverts to his office when a new President is elected and enters upon his office. When the President is unable to act owing to his absence, illness or any other cause, the Vice President discharges the President's functions for a temporary period until the President resumes his duties.
• When the Vice President acts as, or discharges the functions of the President, he has all the powers and immunities of the President and is entitled to the same emoluments as the President.
• Parliament has by an enactment made provision for the discharge of the functions of the President when vacancies occur in the offices of the President and of the Vice President simultaneously, owing to removal, death, resignation of the incumbent or otherwise.
•  In such an eventuality, the Chief Justice, or in his absence, the senior most Judge of the Supreme Court of India available discharges the functions of the President until a newly elected President enters upon his office or a newly elected Vice President begins to act as President under Article 65 of the Constitution, whichever is the earlier

1. Notwithstanding anything in this Constitution:

a. the provisions of article 238 shall not apply in relation to the State of Jammu and Kashmir,

b. the power of Parliament to make laws for the said State shall be limited to;

i. those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and

ii. such other matters in the said Lists, as, with the concurrence of the Government of the State, the President may by order specify.

Explanation—For the purpose of this article, the Government of the State means the person for the time being recognised by the President as the Maharaja of Jammu and Kashmir acting on the advice of the Council of Ministers for the time being in office under the Maharaja’s Proclamation dated the fifth day of March, 1948;

c.the provisions of article 1 and of this article shall apply in relation to this State;

d.such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify

i. Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph

(i) of sub-clause (b) shall be issued except in consultation with the Government of the State:

ii. Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of the Government.

2. If the concurrence of the Government of the State referred to in paragraph

(ii) of sub-clause (b) of clause

(1) or in second proviso to sub-clause

(d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.

3. Notwithstanding anything in the foregoing provisions of the article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may notify: Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.

4. In exercise of the powers conferred by this article the President, on the recommendation of the Constituent Assembly of the State of Jammu and Kashmir, declared that, as from the 17th day of November, 1952, the said art. 370 shall be operative with the modification that for the explanation in cl.(1) thereof the following Explanation is substituted namely:

Explanation—For the purpose of this Article, the Government of the State means the person for the time being recognised by the President on the recommendation of the Legislative Assembly of the State as the *Sadar-I-Riyasat of Jammu and Kashmir, acting on the advice of Council of Ministers of the State for the time being in office

FUNDING OF ELECTIONS

1.      State funding of elections with strict vigil on the expenses/ to be extended to independents and upcoming political parties.

2.      All expenditure irrespective of who paid it should be included in the expenditure of the candidate.

3.      Appointment of a News Media Regulator a month before notification for the general election to avoid paid news, paid no news etc. and to ensure equitable representation to all parties in broadcast time, etc. over and above the conduct of free and fair election. Mechanism for 

verification/auditing of return of expenditure and publicity of returns by candidates a system of check and cross check.

CRIMINALISATION OF POLITICS

1.      Adequate and strong constitutional provisions for effective check on criminalisation of politics.

2.      Enhance the punishment for electoral offences.

3.      Establishment of special courts/tribunals to decide election petitions and also cases against candidates to be disposed within 6 months.

4. Sitting members should also be disqualified if charge sheeted for an offence.

5.      Amend section 8 (3) of the Representation of the People Act, 1951 enhancing the period of disqualification from six years to eleven years.

6. Person with charges of offences punishable for two years or more should not be allowed to contest elections;

7. Omit section 8 (4) of the Representation of the People Act, 1951 and should attract automatic disqualification if a person found guilty.

ELECTORAL REFORMS: CONDUCT AND BETTER MANAGEMENT OF ELECTIONS

source: Law ministry

1.       Compulsory voting should be strictly complemented with “Negative Voting/‘None of the above’ option in the EVM or make voting as Fundamental Duty under article 51A.

2.       Common electoral roll.

3.       Increase security deposit before every election.

4.       Simultaneous election for Lok Sabha and Legislative Assembly.

5.       No person should be allowed to contest more than one seat.

6.       Minimum educational qualifications and age limit to contest elections.

7.       Election petition against defeated candidates also.

8.       Ban on exit polls, opinion poll, pre-poll.

9.       Ceiling of expenditure for election to council constituencies also.

10.   Door to Door canvas by groups should be banned before 48 hours of election.

11.   Minimum percentage of Votes to be prescribed to declare a winner.

12.   Independent candidates may be given an option to join a political party. If so required, choice should be exercised within 6 months.

13.   Incentive based approach to encourage citizen participation.

14.   Provision for recall of the elected representatives.

15.   There should be a provision for paper backup for the EVM’s in the form of physical print out of every vote for the voters as an acknowledgement that their vote has been recorded properly.

16.   Candidates wrongly disclosing the assets and liabilities should be barred from contesting elections for a period of five years.

17.   Elections should be conducted on the same day and not in phased manner.

18.   Voting rights to undertrial prisoners.

19.   Voting rights to be given to army personnel’s.

20.   Increase of disqualification period to 10 years for non-filing of election expenses in the stipulated time.