General Awareness Local Government and e-Governance

Panchayati Raj

Panchayats

- Panchayats constitute functional institutions of grassroots governance in villages.
- The Balwant Rai Mehta Committee (1957) recriminated that decision-making should be decentralized and elected local bodies should be established.
- However, the Panchayati Raj Institutions (PRis) could not develop as it was expected to do so.
- The three tier system of Panchayati Raj was first adopted by Rajasthan on 2nd October, 1959.
- In 1977, the government appointed the Ashok Mehta Committee to examine the measures to strengthen PR's.
- The LM Singh Committee (1986) recommended Constitutional Status for local bodies.
- The salient features of Part IX of the Constitution are as follows:
The term of the Panchayats is 5 years unless dissolved earlier.
Seats shall be compulsorily reserved for Scheduled Castes and Scheduled Tribes. Seats to be reserved for backward classes is left at the discretion of the State Government.
There is provision of Finance Commission to review the financial position of Panchayats and recommend grant-in-aids.
One-third of the seats are reserved for women.
A State Election Commission headed by the State Election Commission shall conduct elections for the Panchayats.
The Panchayati Raj has three levels: gram panchayat (village level), mandal parishad or block samiti or panchayat samiti (block level) and zila parishad (district level).

Municipalities

- The Constitution of India provides the provision official self-government units in urban areas (Part IX-A).
- Urban Local Bodies in the Constitution provide for constitution of three types of Municipalities:
(i) Nagar Panchayats for areas in transition from a rural area to urban area,
(ii) Municipal Councils for smaller urban areas,
(iii) Municipal Corporations for larger urban areas.
- The Constitution of Municipalities shall be determined by a Law of the State Legislature.
- Wards Committees shall be constituted in those Municipalities having a population of 3 lakh or more.
- Seats shall be reserved for Scheduled Castes and Scheduled Tribes.
- One-third of the seats shall be reserved for women.
- Municipalities will have the power to impose taxes, destinies, tolls and fees in accordance with law.
- The Constitution provides for a Stale Finance Commission to review the financial position of the Municipalities and recommend measures to augment their funds.
- Under Article 243 ZD, a District Planning Committee shall be constituted to consolidate the plans prepared by the Panchayats and Municipalities in the district.
- Under Article 243 ZE, a Metropolitan Planning Committee shall be constituted to prepare a draft development plan for the metropolitan area as a whole.

Miscellaneous

Comptroller and Auditor General of India

- The Constitution of India (Article 148) provides for an independent office of the Comptroller and Auditor General of India (CAG).
- Article 148 to 151 of the Constitution deals with CAG's appointment, powers and audit reports.
- The CAG of India is appointed by the President.
- Generally, a person with a long administrative experience and knowledge of accounts is appointed to this office, for six years or till sixty-five years, whichever is earlier.
- His removal process is similar to that of a judge of the Supreme Court.
- Shri V. Narahari Rao, was the first Comptroller and Auditor General of India (1948-1954).
- Shashi Kant Sharma is the present CAG of India.

Attorney General of India

- Article 76 of the Indian Constitution states that the President of India shall appoint a person who is qualified to be appointed as a judge of the Supreme Court to be the Attorney General of India (AGI).
- He is the first legal officer of the Government of India.
- The term office of Attorney General of India (AGI) is not fixed by the Constitution of India. It is the convention that, after the change of the government, the Attorney General of India resigns and new government appoints one of his/her own choice.
- Attorney General of India advices the Government of India on any legal matter.
- AGI performs legal duties assigned by the President of India.
- The Attorney General represents the Union and the States before the Courts but is also allowed to take up private practice provided, the other party is not the State.
- Attorney General is not paid is a salary but a retainer that is determined by the President of India. The retainer of the Attorney General is equal to the salary, of a judge of Supreme court.

Functions

- The term of office of the Attorney General is not fixed by the Constitution. Further, the Constitution does not contain the procedure and grounds for his removal.
- He holds his office during the pleasure of the President.
- The Attorney General's duty is to give advice to the Government of India upon such legal matters, which are referred to him by the President.
- The Attorney General of India is not a member of the Cabinet.
- Although is not a member of either House of the Parliament but enjoys the right to attend and speak in the Parliamentary deliberations and meetings of both the houses without a right to vote.
- Mr M. C. Setalvad was the first Attorney General of India.
- Mukul Rohatgi is the present Attorney General of India.

Election Commission

- An independent Election Commission has been established, under the Constitution in order to carry out and regulate the holding of elections in India.
- Article 324 of the constitution of India says that superintendent’s direction and control of the preparation of electoral rolls, the conduct of elections of the President, both Houses of the parliament and state legislature shall be vested in the election commission of India.
- The Election Commission was established in accordance with the Constitution on 25th January, 1950.
- The Election Commission prepares, maintains and periodically updates the electoral poll, which shows, who is entitled to vote, supervises the nominations of candidates, register political parties, monitors the election campaign.
- It also organizes the polling booths, counting of votes, and declaration of results to ensure the orderly and fair manner of elections.

Composition of Election Commission

- Article 324 says that the election commission in India shall consist of:
a Chief Election Commissioner and
such other Commissioners as the President may from time to time fix.
- The Indian constitution says that the election commission in India shall consist of the Chief Election Commissioner and such other commissioners as the President may deem fit.
- The President may also appoint regional commissioners to assist the election commission in the performance of its functions.

NOTA

- The None of the Above (NOTA) is an option on the EVMs, through this option the voters get the right to reject all the candidates contesting the elections.
- A NOTA vote doesn't require the involvement of the presiding officer.
- NOTA was first used in the assembly elections of November, 2013.
- The Election Commission also clarified that even though votes cast as NOTA are counted, they are considered as invalid votes so they will not change the outcome of the election process.
- The specific symbol for NOTA, a ballot paper with a black cross across it, was introduced on 18 September 2015.

Political parties

- India has a multi-party system with recognition accorded to national and state and District level parties.
- The status is reviewed periodically by the Election Commission of India.
- Other political parties that wish to contest local, state or national elections are required to be registered by the Election Commission of India (ECI).

Recognised National Political Parties

- A party has to live up to at least one of the following qualifications to be recognized as a national party:
It has to win a minimum of two percent of the seats in the Lok Sabha from at least three different states.
In General Elections, the party must manage to win six per cent of the votes and win at least four Lok Sabha seats as well.
The party is recognized as a 'state level party' in four or more states.

Deposits and Nominations

Deposits
- For a candidate to contest in polls, he or she needs to submit their nomination papers at the EC offices in their respective states. Those whose nominations are found valid should have deposited Rs.10000 as a security Deposit if he/she is contesting for a Lok Sabha seat or Rs.5000 for an Assembly Seat. The amount to be deposited is half the above in the case of candidate under Schedule caste or Schedule tribe.
- As per Section 34 1 (a) of R. P. Act, 1951, every candidate is required to make a security deposit of Rs. 25,000/- (Rupees Twenty five Thousand Only) for Lok Sabha elections.
- The same section 34 of R. P. Act, 1951 provides that a candidate belonging to Scheduled Caste and Scheduled Tribe is required to make a security deposit of Rs. 12,500 (Rupees Twelve Thousand five hundred Only).

Nominations
- As per the Constitution and R.P. Act, 1951, any individual can contest from any constituency, as long as he/she possesses qualifications for contesting from that constituency and has not been disqualified under the Constitution or alternative laws for contesting the elections.
- Under Section-30-A of the R.P. Act, 1951, the candidate is required to deliver the nomination paper to the RO or to the Assistant Returning Officer (ARO), as laid out in public notice of election.
- The candidate is needed to deliver the nomination paper on or before last date for filing of nomination fixed by the Election Commission.
- Nomination paper cannot be filed on a public holiday.
- The nomination paper is to be presented either by the candidate or by only one person who has proposed the name of the candidate.

Union Public Service Commission

- The Union Public Service Commission is the central recruiting agency in India.
- It is India's central agency authorised to conduct the Civil Services Examination, Indian Forest Service examination, Engineering Services Examination, Combined Defence Services Examination, National Defence Academy Examination, Naval Academy Examination, Combined Medical Services Examination, Special Class Railway Apprentice, Indian Economic Service/Indian Statistical Service Examination, Combined Geoscientist and Geologist Examination, and Central Armed Police Forces(Assistant Commandant) Examination.
- It is an independent constitutional body in the sense that it has been directly created by the Constitution.
- Article 315 to 323 in part XIV of the Constitution contain elaborate provisions regarding UPSC.
- The examination is one of the toughest examinations in India.

The Composition of UPSC

- The UPSC consists of a Chairman and other members who are appointed by the President of India.
- Generally there are nine to eleven members including the Chairman.
- The Constitution mentions that – 50% of the members of UPSC should be those who have held government office for atleast 10 years. It mentions no other qualification.
- The President of India is empowered by the Constitution to determine the conditions of service of the Chairman and other members of the public service commission at the time of their appointment.
- All the members (including the Chairman) hold office for a six years term, or until they attain the age of 65 years.

Removal of Members

- The members can also be removed by the President before the expiry of their term on the basis of either of the following four circumstances:
He/she goes bankrupt(insolvent).
He/she engages in any paid employment outside the official duties.
He/she becomes mentally or bodily infirm.
For misbehaviour. (In this, the matter is enquired by the Supreme Court, if he/she is found guilty the President can remove him/her).

Functions

- It conducts exams for appointment to the All-India Services, Public services of centrally administered territories and central services.
- It assists the States(if requested by 2 or more states) in formulating and implementing the schemes of joint recruitment for any services for selecting special qualification from candidates.
- It can serve any or all needs of the state upon their Governor’s request by permission of the President.
- The UPSC consults the government upon matters related to personnel management.
- It presents, annually, a report on its performance to the President. The President then places this report before both the houses of Parliament, along with a memorandum which explains the cases where the Commission’s advice was not accepted by the government with reasons for such non-acceptance.

Finance Commission of lndia

- The Finance Commission consists of a Chairman and four other members.
- The Chairman is selected from among the persons, who had experience in public affairs. While the members are selected from among
(a) are or have been qualified to be appointed judges of the High Court
(b) have special knowledge of finance and accounts of government
(c) wide experience in financial matters and in administration
(d) having special knowledge on economics.
- The President constitutes a Finance Commission every five years, to
(a) recommend to the President distribution of net proceeds of the taxes which are divisible between union and states.
(b) recommend the principles, which should govern the grants of the revenues of the states out of the Consolidate Fund of India.
- The Commission's recommendations are of advisory nature and hence, not binding on the government.

Planning Commission

- It was established in March 1950 by an executive resolution of the Government.
- The Prime Minister of India has been the Chairman of the commission.
- The commission has a Deputy Chairman (de facto execution). He is responsible for the formulation and submission of the draft Five-Year Plan to the Central Cabinet. He also enjoys the rank of a Cabinet Minister.
- The commission has four to seven full-time members and a members secretary.

NITI Aayog

- The Government has replaced Planning Commission with a new institution named NITI Aayog (National Institution for Transforming India).
- The institution will serve as 'Think Tank' of the Governments - a directional and policy dynamo.
- NIT Aayog will provide the governments at the Central and State levels with relevant strategic and technical advice across the spectrum of key elements of policy, this 'includes matters of national and international import on the economic front, dissemination of best practices from within the country as well as from other nations, the infusion of new policy ideas and special issue-based support.

Functions

- NITI Aayog will seek to provide a critical directional and strategic input into the development process.
- To develop mechanisms to formulate credible plans at the village level.
- To pay special attention to the sections of our society that may be at risk of not benefiting adequately from economic progress.
- To actively monitor and evaluate the implementation or prognoses and initiatives.
- To pay special attention to the sections of our society that may be at risk of not benefiting adequately from economic progress.
- To provide advice and encourage partnerships between key stakeholders and national and international like-minded Think Tanks, as well as educational and policy research institutions.
- To create a knowledge, innovation, and entrepreneurial support system through a collaborative community of national and international expert practitioners and other partners.
- To offer a platform for resolution of inter-sect-oral and inter-departmental issues in order to accelerate the implementation of the development agenda.
- To actively monitor and evaluate the implementation of programmes and initiatives, including the identification of the needed resources so as to strengthen the probability of success and scope of delivery.

Structure of NITI Aayog

- The NITI Aayog will comprise the following Prime Minister of India as the Chairperson.
- Governing Council comprising the Chief Ministers of all the States and Lt. Governors of Union Territories.
- The Regional Councils will be convened by the Prime Minister and will comprise of the Chief Ministers of States and Lt. Governors of Union Territories in the region.
- The Vice-chairperson of the Niti Ayog will be appointed by Prime Minister.
- Further, the Niti Ayog has full-time members (number unspecified), part-time members (maximum 2 , these would be scholars from universities and research institutions), Ex-officio members (maximum 4, these are ministers from Union Council of Ministers), Special Invitees (appointed by PM for fixed tenure.
- Finally, there is a Chief Executive Officer (CEO) of the Niti Ayog, who is appointed by Prime Minister and has a rank similar to Secretary to the Government of India.
- The secretariat will be established if deemed necessary.

National Development Council (NDC)

- It was established in August 1952 by the Government on the recommendation of the First Five Year Plan. NDC is composed of:
Prime Minister (Chairman),
Cabinet Minister,
Chief Ministers of all States, and
Chief Ministers/Administrators of all Union Territories.
- It is also known as the Rashtriya Vikas Parishad. It is the apex body for decision making and deliberations on development matters in India, presided over by the Prime Minister.

Functions of NDC

- The main function of NDC is to ensure balanced and rapid development of all parts of the country.
- NDC represents the federal nature of Indian Polity. That is why along with Central Government all State Governments are included in the planning process.
- NDC is the highest body, below the Parliament responsible for policy matters with regard to planning for social and economic development.
- It is an advisory body and its recommendations are not binding.
- Its meeting is held at least twice every year.

Central Information Commission (CIC)

- Right to Information became an act in 2005. The aim is to make the government more transparent in its working.
- Under the act, a Central Information Commission and State Information Commission need to be constituted.
- The Central Information Commission and State Information Commission hear complaints from any person, who has been denied information by any government authority.
- The Chief Information Commissioner and other Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of the Prime Minister.
- In its six years of working, the RTI Act has given citizens the power to make its government accountable.

National Human Rights Commission

- It is a statutory body, which was established in 1993 under a legislation enacted by the Parliament.
- The commission is a multi-member body consisting of a chairman and four members.
- The chairman should be a retired Chief Justice of India, Chairman and members are appointed by the President on the recommendations of a six members committee.
- Section 3 of the Act lays down that the Commission shall consist of:
A Chairperson
One Member who is, or has been, a Judge of the Supreme Court of India
One Member who is, or has been, the Chief Justice of a High Court
Two Members to be appointed from among persons having knowledge of, or practical experience in, matters relating to human rights
In addition, the Chairpersons of four National Commissions of (Minorities, SC/ST, Women) serve as ex officio members.

Functions of NHRC

Inquire, suo motu or on a petition presented to it by a victim or any person on his behalf, into complaint of
- violation of human rights – this is extremely obvious.
- negligence in the prevention of such violation, by a public servant.
- intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court.
- visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations.
- review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.
- review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.
- study treaties and other international instruments on human rights and make recommendations for their effective implementation.
- undertake and promote research in the field of human rights.
- spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means.
- encourage the efforts of non-governmental organisations and institutions working in the field of human rights.

Lokpal and Lokayukta

- The Administrative Reforms Commission (ARC) set up in 1966 recommended the constitution of a two-tier machinery of a Lokpal at the Centre, and Lokayukts in the states.
- Its main motive is to provide speedy, cheaper form of justice to people.
- Lokpal is to be a three member body with a chairperson who is or has been a chief justice or judge of the Supreme Court and its two other members who are or have been judges or chief justices of high courts around the country.
- The Lokpal is empowered to investigate into administrative action taken by or with approval of a minister or secretary of union or state government either on receiving a written complaint by an aggrieved person or suo motu, relating to mal-administration, undue favour or corruption.

Salient Features of Lokpal and Lokayuktas Act

- Lokpal will consist of a Chairperson and a maximum of eight members of which 50% shall be judicial members.
- 50% of Members of Lokpal shall be from SC/ST/OBCs, minorities, and women.
- The selection of Chairperson and Members of Lokpal shall be through a selection committee consist of
(a) Prime Minister
(b) Speaker of Lok Sabha
(c) Leader of opposition in Lok Sabha
(d) Chief Justice of India or a Supreme Court judge nominated by him
(e) One eminent person recommended by the Selection committee and nominated by the President will be its fifth member.

 
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