4.amendment of The Constitution

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AMENDMENT OF THE CONSTITUTION:
Amendment is nothing but modification of the Constitution.

The amendment of the Indian constitution is mentioned in PART XX of the constitution.
The procedure is mentioned under article 368 of the Indian Constitution.
The parliament is empowered to amend the constitution.
Indian Constitution is both rigid and flexible.
The constitution is rigid means it is amended with a special majority.
The Constitution is flexible means it is amended with a simple majority.
NOTE: The Parliament cannot amend the basic features of the Constitution.
This was ruled by the Supreme Court in the keshavananda Bharati case of 1973.
But, the Supreme Court is yet to define what constitutes the basic features of the
Constitution.
From various judgments of the Supreme Court the basic structure of the Constitution can
be
The supremacy of the Constitution.
Sovereign, Democratic and Republic nature of the Indian Polity
Secular Character of the Constitution
Separation of powers between legislature, executive and Judiciary
Federal character of the Constitution
Unity and Integrity of the nation
Judicial review
Freedom and dignity of the individual
Rule of law
Balance between Fundamental Rights and Directive Principles of State Policy
The Principle of equality
Free and fair elections
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Independence of Judiciary
Limited powers of the Parliament to amend the Constitution
How many methods are mentioned to amend the Constitution?

The article 368 provides for two types of amendments.
By a Special majority of the Parliament.
By a special majority of the Parliament and consent by at least half the states by
simple majority.
NOTE:
Some other articles in the Constitution also provides for the amendment of the Constitution.
Under article 3 of the constitution new states can be created.
Under article 169 of the Indian Constitution state legislative councils can be created / abolished.
These amendments are not deemed to be the amendments for the constitution for the purpose of
article 368.
Hence, the Constitution of India can be amended in three ways.

Amendment by simple majority of the Parliament.
Amendment by a special majority of the Parliament.
Amendment by a special majority of the Parliament and ratification (consent) by at
least half the states legislatures.
WHAT IS THE PROCEDURE FOR AMENDMENT OF THE CONSTITUTION?
The procedure is laid down in Article 368 of the Indian Constitution.
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The procedure for the amendment is initiated in the Parliament (Lok Sabha or Rajya
Sabha) only.
The amendment is initiated only by introducing a bill in the Parliament.
The amendment procedure cannot be initiated in the state legislatures.
The bill can be introduced either by a public member (Minister) or by a Private member
(who is not a Minister, but a member of the house).
The amendment bill does not require the prior permission of the President.
The amendment bill must be passed in each house by a special majority.
Special majority: A majority of more than 50 percent of the total membership of the
house and a majority of 2/3rd of members of the house present and voting.
The bill must be passed in each house separately.
In case of disagreement between the Lok sabha and Rajya Sabha the bill is considered to
be rejected.
There is no provision of the Joint Session in the Constitution for the purpose of passing
a constitution amendment bill.
If the amendment bill seeks to amend the federal provisions of the constitution, the bill
must be ratified by the legislatures of half of the states by a simple majority.
The bill is presented to the President after it is passed by the Parliament and the state
legislatures (in case of federal provisions).
The President must give assent to the constitution amendment bill.
The President cannot withhold the assent to the bill.
The President cannot return the bill for the reconsideration of the Parliament. .
Note: Prior to 1971 the President can withhold or return the bill for reconsideration of the
Parliament. But, with the 24th constitutional amendment of 1971 it was made obligatory
on the part of the President to give the assent for the constitutional amendment bill.
After the assent of the President the amendment bill becomes an act.
AMENDMENT BY SIMPLE MAJORITY OF PARLIAMENT:
NOTE: Amendment of the Constitution with a simple majority is outside the scope of
Article 368.
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There are many provisions in the Constitution that can be amended by a simple majority
of the Parliament.
Admission of new states Article 2
Creation of new states Article 3
Creation or abolition of state legislative council Article 169
Quorum in the Parliament Article 100
Rules of procedures of Parliament
Salaries and allowances of the members of the Parliament
Use of English language in the Parliament
Use of official language
Citizenship
Delimitation of constituencies
2nd schedule Emoluments, allowances and privileges of the President, Vice
President, Governors, Judges etc.
5th schedule Administration of scheduled areas and scheduled tribes
6th schedule Administration of tribal areas
AMENDMENT BY SPECIAL MAJORITY OF PARLIAMENT:
The majority of the provisions in the constitution need to be amended by special

majority.
What is special majority?
This is the majority of the total membership of each house
And
a majority of 2/3rd of the members of each house present and voting.

The important provision that can be amended through special majority are
Fundamental Rights
Fundamental Duties
Directive Principles of State Policy
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AMENDMENT BY SPECIAL MAJORITY OF PARLIAMENT AND CONSENT BY

ATLEAST HALF THE STATES:
The provisions that are related to the federal structure can be amended through this
procedure.
After the bill is passed in the Parliament with the special majority then the bill is
forwarded to the state legislatures.
If the bill is passed by a at least half the states with a simple majority then the bill is
forwarded to the President.
With the consent of the President the bill becomes law.
Election of the President and its manner
Extent of the executive powers of the union and the states
Distribution of legislative powers between the union and the states
Extension of reservation for Scheduled caste, Scheduled Tribes and Anglo-Indians in the
Parliament and the state legislatures.
Representation of states in the Parliament.
Power of the Parliament to amend the Constitution and its procedure.
ANTI DEFECTION LAW: (10th Schedule)
Defections mean jumping from one political party to the other after getting elected.
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The anti-defection law is meant for disqualification of members of Parliament or State

Legislatures on the grounds of defections from one political party to the other.
This is mentioned under 10th schedule of the constitution.
The 10th schedule was added to the constitution in the year 1985 through 52nd
amendment.
Accordingly the required changes were made in the articles 101, 102, 190 and 191.
The articles 101 and 102 are related to the vacation of the seats and disqualification of
members in the Parliament.
The articles 190 and 191 are related to the vacation of the seats and disqualification of
members in the State Legislatures.
In Parliament and State Legislatures there are three categories of members present.
Political Party members
Independent members
Nominated members
All categories of members can be disqualified under the grounds of defections.
PLEASE NOTE: The anti defection law is applicable only to the current (present)
members of
Lok Sabha
Rajya Sabha
Assemblies
Legislative Councils
DISQUALIFICATION OF MEMBERS OF POLITICAL PARTIES:
A member of a political party can be disqualified,

If the member voluntarily gives up the membership of the political party on whose ticket
the members got elected to the house
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OR
if the member votes contrary to the whip (Direction) issued by the concerned political
party
OR
if the member abstains contrary to the direction issued by the concerned political party
without obtaining prior permission from the party.
Note: the basic idea is that a member elected on a party ticket should continue in the
party and follow the guidelines of the party.
EXCEPTIONS:
A member going out of a party through Split is not disqualified on the grounds of
defections.
WHAT IS SPLIT?
If minimum 1/3rd members of a political party move out and form a new party it is called Split.
The speaker or the chairman if satisfied recognizes the split group as a new party.
Note: The Split group cannot join any political party. If so, the group is disqualified.
Please Note: The Split by 1/3rd members of a party have been deleted through the 91st
amendment Act of 2003. This means that the defectors have no more no more protection
under the 10th schedule.
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WHAT IS MERGER?
If a 2/3rd of a political party forms a separate group and joining another political party is called
merger.
If a member goes out as a result of merger, the member is not disqualified.

If a member after being elected as the Presiding officer of the house, voluntarily gives up
the membership of the party and rejoins it after he ceases to hold that office.
The exemption has been provided to the Presiding officer in view of dignity and
impartiality of the office.
INDEPENDENT MEMBERS:
WHO IS AN INDEPENDENT MEMBER?
An independent member is an elected member of the house who does not belong to any
political party.
If an independent member joins any political party then the member is disqualified from
the membership of the house.
Note: An independent member can continue as an associated member of a political party.
NOMINATED MEMBERS:
These are the members who are nominated by the President for Parliament and by the
Governors for the State Legislatures.
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A nominated member is disqualified for being a member of a house if the member joins
any political party after the expiry of 6 months from the date on which he takes his seat in
the house.
EXCEPTION FOR A NOMINATED MEMBER:
If a nominated member joins a political party within 6 months of taking seat in the house
is not disqualified from the membership of the house.
WHO IS THE DECIDING AUTHORITY REGARDING THE DISQUALIFICATION OF

A MEMBER:
The deciding authority is the Presiding officer (Speaker/chairman).

Initially the anti-defection act provided that the decision of the presiding officer is final
and cannot be challenged in the court of law.
In the year 1993, in Kihoto Hollohan V. Zachilhu case the Supreme Court declared that
this provision is unconstitutional on the ground that it seeks to take away the jurisdiction
of Supreme Court and High Courts.
Hence since 1993, the decision of the presiding officer is subject to the judicial review.
It means the disqualification of a member can be challenged in a court of law on the
grounds of malafides.
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PANCHAYATI RAJ:
Article 40: The state shall take steps to organize village panchayats and endow them
with such powers and authority as may be necessary to enable them to function as units
of self-government.
The Village Panchayat was a unit of local administration since the British early days.
The Bengal Local self-government Act, 1885, the Bengal Village Self-Government Act,
1919 and the Bengal Municipal Act, 1884 are the different enactments during the initial
days.
The Government of India Act, 1935 the power to enact legislation was specially given to
the provincial legislatures.
Note: Village Panchayat was present in the Provincial Legislative List.
With this many provinces enacted laws vesting power pf administration, including
criminal justice in the hands of panchayats.
The Panchayati Raj is the Rural Local Self Government.
Local Government is mentioned in the State list of 7th schedule of the Indian
Constitution.
The Panchayati Raj was not a part of the original Constitution.
The Panchayati Raj was made a constitutional body through the 73rd amendment Act of
1992.
Later the Panchatys have started functioning in most of the state.
The government has launched Community Development Programme (CDP) in the
year 1952.
The government has launched National Extension Service (NES) in the year 1953.
BACK GROUND OF THE CONSTITUTIONAL STATUS OF THE PANCHAYATI RAJ:
In January 1957 the Government of India appointed Balwant Rai Mehta Committee (B R
Mehta Committee).
The B R Mehta Committee was appointed to examine the working of the Community
Development Programme and the National Extension Service.
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The B R Mehta Committee submitted the report in November 1957.

The B R Mehta Committee recommended the establishment of the scheme of
Democratic Decentralization which ultimately came to be known as Panchayati Raj.
The recommendations were accepted by the National Development Council in January
1958.
Rajasthan was the first state to establish the Panchayati Raj in India on October 2, 1959.
B R MEHTA COMMITTEE RECOMMENDATION:
B R Mehta Committee recommended for the establishment of 3-tier structure Panchayati

Raj system.
Gram (village) Panchayat - Village Level
Panchayati Samiti - Block Level
Zilla Parishad - District Level
The Village Panchayat should be constituted with directly elected representatives.
The Panchayat Samiti should be constituted with indirectly elected members.
The Zilla Paridhad also to be constituted with indirectly elected members.
All the planning and development activities should be entrusted to the panchayati raj
bodies.
The Panchayati Samiti should be the executive body.
The Zilla parishad should be the advisory, coordinating and supervisory body.
The District Collector should be the Chairman of the Zilla Parishad.
There should be a genuine transfer of powers and responsibility to these democratic
bodies.
These bodies should be transferred with adequate resources.
A system should be evolved for the further devolution of authority in future.
The National Development Council (NDC) accepted the recommendations in January,
1958.
The NDC said that the basic principles should be identical throughout the country.
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WHICH IS THE FIRST STATE TO ESTABLISH PANCHAYATI RAJ?
The scheme of Panchayat Raj was first established in Rajasthan.
In Rajasthan the scheme was inaugurated by Jawahar Lal Nehru (then Prime Minister if
India) on October 2, 1959.
Thus, the Nagaur district of Rajasthan became the first in India that initiated the
Panchayati Raj.
Andhra Pradesh became the 2nd state to introduce the Panchayati Raj.
In Andhra Pradesh it was introduced on November 1, 1959.
Later the Panchayati raj system was adopted by many states.
There were many differences among the states in the structure and function of the
panchayati Raj.
The states like Rajasthan and Andhra Pradesh adopted 3 tier systems.
The state, West Bengal adopted 4 tier system.
The states, Tamil Nadu adopted the 2 tier system.
Some states made the Panchayati Samiti powerful (Rajasthan and Andhra Pradesh).
Some stated made the Zill Parishad powerful (Gujarat and Maharashtra).
Some states also established Judicial Panchayats called Nyaya Panchayats to try petty
civil and criminal cases.
ASHOK MEHTA COMMITTEE:
In almost all the states the Panchayti Raj system could not achieve the desired results.
In December 1977, the Janata Party Government headed by the Prime Minister Morarji
Desai appointed a committee on Panchayati Raj institutions.
Ashok Mehta was the chairman of the committee.
This committee is also called Ashok Mehta Committee.
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The Ashok Mehta Committee submitted the report in August 1978.

To strengthen the Panchayati Raj system the Ashok Mehta Committee made 132
recommendations.
The Ashok Mehta Committee recommended that 2 tier structure should be established.
Note: 3 tier structure should be replaced with the 2 tier structure.
Mandal Panchayat - Mandal Level
Mandal Panchayat is a group of villages with a population of 15,000 to 20,000.
A district should be the first point for decentralization under popular supervision below
the state.
The Zilla Parishad at the district level should be the executive body.
The Zilla Parishad must be made responsible for planning at the district level.
There should be an official level participation of political parties at all levels of
Panchayat elections.
The Panchayati Raj must have compulsory powers of taxation to mobilize their own
financial resources.
There should be a regular social audit by a district level agency and by a committee of
legislatures to check whether the funds allotted for the vulnerable social and economic
groups are actually spent on them or not.
The State governments should not supersede the Panchayati Raj Institutions.
In case of super session elections should be held within 6 months.
The Nyaya Panchayats should be presided over by a qualified judge.
The Nyaya Panchayat should be kept as a separate body.
The chief electoral officer in consultation with the chief election commissioner should
conduct elections of the Panchayat Raj.
A Minister for panchayat Raj should be appointed.
Seats for Scheduled caste and scheduled tribes should be reserved on the basis of their
population.
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NOTE: No action was taken on the recommendations of the Ashok Mehta Committee report as the
Janata Party government was collapsed before the term.
GVK RAO COMMITTEE:
In the year 1985 the Planning Commission appointed a committee on Administrative

Arrangement for Rural Development and Poverty Alleviation Programme.
This committee was headed by G V K Rao.
The G V K Rao committee observes that the development process was gradually
bureaucratized and divorced from Panchayati Raj.
According to the G V K Rao committee this phenomenon weakened the Panchayati Raj
institutions and is called Grass without Roots.
The committee recommended for the revitalization of the entire Panchayati Raj system.
This committee recommended for the reduction of the role of the district collector in the
development.
L M SINGHVI COMMITTEE:
In the year 1986 then Prime Minister Rajiv Gandhi appointed a committee on
Revitalization of Panchayati Raj Institutions for Democracy and Development.
L M Singhvi was the Chairman of the committee.
The L M Singhvi committee recommended that the Panchayati Raj institutions should be
constitutionally recognized, protected and preserved.
The committee recommended that a new chapter should be added to the Constitution for
the same purpose.
The L M Singhvi Committee also suggested for the constitutional provisions to ensure
regular, free and fair elections to the Panchayati Raj bodies.
*****
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After the recommendations of the above committees, then Prime Minister Rajiv Gandhi
made a first attempt to provide the constitutional status to the Panchayati Raj bodies.
In July 1989, the Rajiv Gandhi Government introduced 64th Constitutional amendment
bill.
The 64th amendment bill was introduced in the Lok sabha:
Note: A constitutional amendment bill can be introduced either in Lok Sabha or in Rajya
Sabha.
This amendment is meant for providing the constitutional status to the Panchayati Raj
institutions.
The Lok sabha passed the bill in August 1989.
Note: An amendment bill must be passes with the special majority.
The bill was opposed in the Rajya Sabha on the grounds that it sought to strengthen
centralization in the federal system.
The bill was not passed in the Rajya Sabha.
The 64th amendment bill was lapsed.
NOTE: A constitutional amendment bill must be passed in both the houses of the
Parliament separately with a special majority.
ALSO NOTE: There is no provision of Joint sitting in case of disagreement on a
Constitutional amendment bill.
Thus the first attempt was failed and the Panchayati Raj could not be included in the
Constitution.
*****
In the year 1989 National Front government was formed at the Central level.
Vishwanath Pratap Singh was appointed as the Prime Minister of India.
In the month of November 1989, the then Prime Minister V P Singh announced that the
steps to strengthen the Panchayati Raj would be taken.
In September 1990 a constitutional amendment bill was introduced in the Lok Sabha.
The fall of government in the year 1991 resulted in the fresh Parliamentary election.
This led to lapse of the bill.
*****
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After the elections of 1991 P V Narasimha Rao was appointed as the Prime Minister of
India.
Note: During the election campaign on May 21, 1991 Rajiv Gandhi was brutally
assassinated.
The Congress government (P V Narasimha Rao) considered the matter of
constitutionality for the panchayati Raj institutions.
The controversial aspects were removed from the bill.
The bill was introduced in the form of 73rd constitutional amendment bill.
The 73rd constitutional amendment bill was introduced in the Lok Sabha in September
1991.
The bill was passed by the Lok Sabha on December 22, 1992.
The bill was passed by the Rajya Sabha on December 23, 1992.
The bill was approved by the 17 state assemblies.
Note: A constitutional amendment bill related to the federal powers must get the consent
of at least half the state with simple majority.
The bill received the assent of the President (Shankar Dayal Sharma) on April 20,
1993.
This amendment provided the constitutional status to the Panchayati raj institutions.
This became the 73rd Constitution amendment Act, 1992.
This came into force on April 24, 1993.
SALIENT FEATURES OF THE 73RD AMENDMENT ACT 1992
This act added Part-IX to the Constitution.

This act also added new article from 243A to 243O (English alphabet O).
Note: This means 243A, 243B, 243C 243O.
The 73rd amendment act also added 11th schedule to the Constitution of India.
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NOTE: THE ORIGINAL CONSTITUTION CONTAINS ONLY 8 SCHEDULES.
9th schedule was added through the 1st amendment in the year 1951.
9th schedule is related to the land reforms.
10th schedule is added in the year 1985 through the 52nd amendment.
10th schedule is related to the Anti-Defection law.
The 11th schedule contains 29 items.

The state governments are under the constitutional obligation to adopt the new
Panchayati Raj system.

The provisions of the Constitution are divided into 2 categories.
Compulsory (Obligatory) provisions
Voluntary Provisions
The compulsory provisions of the act have to be included in the state laws creating the
new Panchayati Raj system.
The voluntary provisions may be included at the direction of the states.
GRAM SABHA:
All the adult members are in the village is the Gram Sabha.
This means that all the persons registered in the electoral rolls of a village is the Gram
Sabha.
This is a village assembly consisting of all the registered voters in a Village Panchayat.
The Gram Sabha at the village level functions as determined by the state legislature.
3-Tier system:
The act provides for the establishment of a 3-tier panchayati Raj structure at the state
level to bring the uniformity throughout the country.
Village Level - Village Panchayat
Mandal Level (intermediate) - Mandal Panchayat
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But, a state with a population not exceeding 20 Lakh may not constitute Mandal
Panchayat.
Note: It means the states with a population less than 20 lakh may constitute only Village
Panchayat and Zill Parishad.
ELECTIONS:
All the members of the Panchayats at all levels
Village
Mandal
District
Shall be elected directly by the people.
In this way representative democracy was introduced at the grass root level.
The manner of election Chair person at the village level (Sarpanch or President) is
determined by the state legislature.
The chair persons of Mandal Panchyat (Madal President) and Zill Parishad (Chairman)
shall be elected indirectly from amongst the elected members.
Entire District (Zilla) is divided into number of ZPTCs (Zilla Parishad Territorial
Constituencies).
A ZPTC is directly elected by the people.
The directly elected ZPTCs from amongst them elect the chairman of Zilla Parishad.
Similarly each Mandal is divided into MPTCs (Mandal Parishad Territorial
Constituencies).
An MPTC is elected directly by the people.
The President of Mandal is elected by the MPTCs from amongst themselves.
Hence, except the ZP chairman and the Mandal President all the members in the
Panchayats are elected directly.
RESERVATION OF SEATS:
Article 243 D provides the reservation of seats for SCs and STs.
The Scheduled Caste and Scheduled Tribes are provided with the reservation of seats at
all the three levels in proportion to their population.
The state legislature shall provide for the reservation of offices of the Chairpersons in the
Village panchayat or any other level for SCs and STs.
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The women are provided with the reservation at all the three levels.
Not less than the 1/3rd of the total number of seats shall be reserved for women.
This includes seats reserved for women belonging to SCs and STs).
Further not less than 1/3rd of the total number of offices of chairpersons in the panchayats
at each level shall be reserved for women.
The act also authorizes the state legislatures to make any provision for reservation of
seats in any panchayat or offices of chairpersons in the Panchayat at any level in favour
of backward classes.
TERM OF PANCHAYATS:
The term of office at each level is 5 years.
The office can be dissolved earlier before the completion of the term in accordance with
the procedure prescribed by state law.
In case of dissolution election should be conducted before the expiry of the 6 months
from the date of dissolution.
A Panchayat that is reconstituted after premature dissolution shall continue only for the
remainder of the period.
Fresh election to the panchayats can be conducted before the expiry of the term of 5
years.
Qualifications:
Article 243 F provides that all persons who are qualified to be chosen to the state
legislature shall be qualified to be chosen as a member of a panchayat.
A person who attained the age of 21 years is eligible to contest in the Panchayat
elections.
Note: In case of state assembly it is 25 years.
DISQUALIFICATIONS:
If a person is disqualified under any law for the time being in force for the purpose of
elections to the legislature of the state concerned.
If a person is disqualified under any law made by the state legislature.
No person can be disqualified on the grounds that he is less than 25 years of age if he has
attained the age of 21 years.
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All questions of disqualifications shall be referred to such authority as the state

legislature determines.
POWERS, AUTHORITY AND RESPONSIBILITIES OF PANCHAYATS:
Artcile 243G-243H: State legislatures confer on the panchayats such powers and
authority as may be necessary to enable them to function as institutions of self
government.
The panchayats may be entrusted with the responsibilities of
Preparing plans for economic development and social justice
Implementation of schemes for economic development and social justice.
With regard to the subjects that are mentioned in the 11th schedule of the Indian
Constitution. (29 items).
Thus the 11th schedule distributes powers between the state legislature and panchayats.
Note: the 7th schedule distributes the powers between the Union and the State
legislatures.
POWERS OF PANCHAYATS TO IMPOSE TAXES AND FINANCIAL RESOURCES:
State legislature may authorize the panchayats to levy, collect and appropriate taxes,
duties, tolls etc.
The state legislature can also assign to a panchayat various taxes, duties etc collected by
the state government.
From the Consolidated Fund of the State Grants-in-aid may be given to the Panchayats.
STATE FINANCE COMMISSION:
The State Finance Commission is constituted by the Governor every 5 years.

The states were given 1 year time from April 24, 1993 and afterwards every 5 years the
state government shall appoint a Finance Commission to review the financial position of
the Panchayats and to make recommendations.
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The state finance commission recommends about the division of net proceeds of taxes,
duties, tolls and fees leviable by the state may be divided between the state government
and the Panchayats and how allocation would be made among various levels of
Panchayats.
The State Finance Commission also recommends about the grants-in-aid to be given to
the panchayats.
The State finance Commission submits the report along with the memorandum of action
taken on it to the Governor.
The report of the Finance Commission along with a memorandum of action taken on it is
laid before the state legislature by the Governor.
AUDITING OF PANCHAYAT ACCOUNTS:
The provisions are made by the state legislature with respect to the maintenance of accounts by
the panchayats and the auditing of such accounts.
STATE ELECTION COMMISSION:
Article 243K provides for the constitution of a state Election Commission consisting of a
State Election Commissioner.
The State Election Commissioner is appointed by the Governor.
The State Election Commission is vested with the responsibilities of
Superintendence
Direction
Control of elections to the panchayats
Preparation of electoral rolls
The State Election Commissioner can be removed in the same manner and on the same
grounds as a judge of a High Court.
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The State Legislature has the power to legislate on all matters relating to elections to
panchayats.
As per Article 329 courts shall have no jurisdiction to examine the validity of a law
relating to delimitation of constituencies or the allotment of seats made under Article
243K.
An election to a panchayat can be called in question only by an election petition which
should be presented to such authority and in such manner as may be prescribed by or
under any law made by the state legislature.
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MUNICIPALITIES:
The Municipalities are the Local self government units in the urban areas.
The urban local self government is nothing but governance of an urban area by the people
through their elected representatives.
Local government is a state subject under the 7th schedule of the Constitution.
Hence it is the state that makes the legislations related to the local self governments.
The Part IXA of the Constitution contains the Municipalities.
Some of the provisions are similar to those present in the part IX (Panchayati Raj) of the
Constitution like reservation of seats, State Finance Commission and the State Election
Commission.
The Municipalities are included in the Constitution through the 74th amendment act of
1992.
The Municipalities are mentioned in the 12th Schedule of the Constituiton.
The Articles from 243 P to 243 ZG are related to Municipalities.
BACKGROUND:
The 1st Municipal Corporation in India was set up in the year 1687, in Madras.
In the year 1726 municipal corporations were set up in Bombay and Calcutta.
In the year 1882, the viceroy of India Lord Rippon issued a resolution of Local Self
government.
This resolution issued by Lord Rippon is considered as the Magna Carta of the local
self government.
This influenced the development of local self-government in India up to 1947.
Lord Rippon is called the Father of Local Self Government in India.
CONSTITUTIONAL STATUS TO MUNICIPALITIES:
After the commencement of the Constitution for the first time in the year 1989 the then
prime Minister of India made an attempt to provide the constitutional status to the
Municipalities.
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In August 1989, 65th Constitutional amendment bill also called Nagar Palika bill was
introduced in the Parliament.
The Nagar Palika bill aimed at strengthening and revamping the Municipalities by
conferring a constitutional status to them.
The Nagar Palika was passed in the Lok Sabha.
But the Nagar Palika bill was rejected by the Rajya sabha in October 1989.
NOTE: A Constitutional amendment bill must be passed separately by both the houses of the
Parliament with a special majority.
Hence the Nagar Palika bill was lapsed.

Later V P Singh became the Prime Minister of India.
The National Front government introduced the revised Nagar Palika bill in the Lok Sabha
in September 1990.
The Lok Sabha was dissolved in the year 1991.
Hence the Nagar Palika bill was also lapsed.
In the year 1991 P V Narasimha Rao became the Prime Minister of India.
In September 1991 the 74th Constitutional amendment bill was introduced in Lok Sabha.
The amendment bill was passed by both the houses of the Parliament in December 1992.
Later the bill was approved by the half number of the states with a simple majority.
The bill was given the consent by the President in April 1993.
Thus the 74th constitutional act of 1992 came into existence and provided the
constitutional status to the Municipalities.
74TH AMENDMENT ACT:
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The 74th amendment acts aimed at strengthening and revitalizing the municipality system.
A new part IX-A has been added to the Constitution.
This came into force on June 6, 1993.
This part is entitles as Municipalities.
This consists of provisions from articles 243 P to 243 ZG.
The act also added 12th schedule to the constitution.
The 12th schedule consists of 18 items.
With this the state governments are under obligation to adopt the new system of
municipalities in accordance with the provisions of the act.
KINDLY NOTE: Most of the points related to the 73rd and 74th amendment acts are similar.
Please pay attention while reading.
SALIENT FEATURES OF THE 74TH AMENDMENT ACT:
The act created 3 types of municipalities.

Nagar Panchayat
Municipal Council
Municipal Corporation
Article 243Q makes it obligatory for every state to constitute such units.
But, an urban area where the industrial establishments are provided the Governor of the
state may specify that area to be an industrial township.
An industrial township need not constitute a Municipality.
Nagar Panchayat is a transitional area. It means an area in transition from a rural area to
an urban area.
Municipal council is a smaller urban area.
A Municipal Corporation is a larger urban area.
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To conduct elections at regular intervals entire municipal area is divided into wards.
The members of a municipality shall be elected directly by the people.
The legislature of a state may by law provide for representation in municipality
With persons of special knowledge or experience in Municipal administration
Members of Lok sabha representing the constituency of that area.
Members of Rajya Sabha registered as an elector in the municipal area.
Members of State Assembly - representing the constituency of that area.
Members of Legislative Council registered as an elector in the municipal area.
The chairpersons of committees other than ward committees.
COMMITTEES:
The ward committees can be constituted consisting of 1 or more wards within the
territorial area of the Municipality having a population of 3 lakh or more.
The composition of the ward committees and the manner in which the seats are to be
filled up is decided by the state legislature.
In addition to the ward committees other committees can also be constituted by the state
legislature by a law.
RESERVATION OF SEATS:
The 74th amendment act provides for the reservation of seats for the Schedules Castes and
Scheduled Tribes in every Municipality in proportion of their population.
Out of the total number of seats to be filled by direct election at least 1/3rd seats would be
reserved for women, including the number of seats reserved for the women belonging to
SC and ST.
Note: 112th amendment bill is meant for increasing the reservation for women in
Municipalities from 1/3rd to at all levels.
The reservation of backward classes may be provided by the state legislature.
The state legislature may provide for the manner of reservation of offices of chairpersons
in the municipalities for SCs and STs and women.
The state legislature may also provide reservation of offices of the chairpersons in
municipalities for the backward classes.
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TERM:
The term of every municipality is 5 years.

A Municipality may be dissolved earlier according to law.
Elections to constitute a Municipality shall be completed before the expiry of the period
of 5 years.
If a Municipality is dissolved earlier the elections must be conducted within 6 months of
the dissolution.
A Municipality constituted after its dissolution shall continue only for the remainder of
the term.
If the remainder period is less than 6 months it shall not be necessary to hold elections.
QUALIFICATIONS:
Article 243V lays down that all the persons who are qualified to be chosen to the state
legislature shall be qualified for being a member of a Municipality.
The persons who have attained the age of 21 years will be eligible to be a member.
Note: All the questions of disqualification shall be referred to such authority as the state
legislature determines.
THE STATE ELECTION COMMISSION:
Under Article 243 K the State Election Commission is appointed.

The State Election Commission shall have the power of superintendence, direction and
control of the preparation of the electoral rolls (voters list), and to conduct the elections
for the Municipalities.
All matters relating to the elections to the Municipalities are regulated by the state
legislature by law.
The State Election Commission conducts the elections to both Municipalities and
Panchayats.
The State Election Commissioner is appointed by the Governor.
The State Election Commissioner is removed in the same manner like that of a High
Court Judge.
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POWERS, AUTHORITY AND RESPONSIBILITIES:
As per Article 243W of the Constitution state legislatures have been conferred the power
to confer on Municipalities all such powers and authority as may be necessary to enable
them to function as institutions of self government.
To prepare plans for economic development and social justice
Implementation of schemes as may be entrusted to them
Other matters related to the items listed in the 12th schedule of the Indian Constitution.
Financial Functions:
A state legislature may by law authorize a Municipality to levy, collect, and
appropriate taxes, duties, tolls etc.
The state legislature can also assign to a Municipality various taxes, duties etc
collected by the state government.
On the recommendation of the State Finance Commission state government gives the
Grants-in-aid to the Municipalities from the Consolidated Fund of a State.
STATE FINANCE COMMISSION:
The State Finance Commission is appointed under article 243 I of the Indian
Constitution.
The State Finance Commission reviews the financial position of both Municipalities and
Municipalities.
The State Finance Commission recommends about
The distribution of taxes, duties, tolls and fees leviable by the state government may be
divided between the state and the Municipalities.
Grants-in-aid to be given to the Municipalities.
The measures needed to improve the financial position of the Municipalities.
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SOURCE OF INCOME TO THE MUNICIPAL CORPORATIONS:
Property Tax
Entertainment Tax
Octroi (now abolished in most of the cities)
OTHER COMMITTEES UNDER THE 74TH AMENDMENT ACT:
The 74th amendment act also provided for the establishment for the
District Planning Committee
Metropolitan Planning Committee.
DISTRICT PLANNING COMMITTEE:
Under Article 243 ZD a District Planning Committee should be established at the district
level.
The composition of the committee and the manner in which the seats are to be filled to be
provided by a law to be made by the state legislature.
In the district planning committee at least 4/5th of the members shall be elected by the
elected members of the district level panchayats and of the municipalities in the district
from amongst themselves.
The state legislature also decides the manner in which the chairperson is elected.
The functions of district planning may be assigned to the District Planning Committee by
the state legislature.
The proportion should in accordance with ratio of urban and rural population of the
district.
The district planning committee shall prepare the plan and forward to the state
government.
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METROPOLITAN PLANNING COMMITTEE:
Under Article 243 ZB a Metropolitan Planning Committee should be established in every

metropolitan area.
The composition of the committee and the manner in which the seats are to be filled to be
provided by a law to be made by the state legislature.
In the Metropolitan Planning Committee at least 2/3rd of the members of the committee
shall be elected by the members of the Municipalities and the chairpersons of the
panchayats in the Metropolitan area from amongst themselves.
The state legislature also decides the manner in which the chairperson is elected.
The functions of Metropolitan planning may be assigned to the Metropolitan Planning
Committee by the state legislature.
The proportion of seats to be shared by them would be based on the ratio of the
population of the Municipalities and of the panchayats in that area.
The Metropolitan planning committee shall prepare the plan and forward to the state
government.
ITEMS IN THE 12TH SCHEDULE:
Urban planning including town planning

Regulation of land use and construction of buildings
Planning for economic and social development
Roads and bridges
Water supply for domestic, industrial and commercial purposes
Public health, sanitation, conservancy and solid waste management
Fire services
Urban forestry, protection of environment and promotion of ecological aspects
Safeguarding the interests of weaker sections of society, including the handicapped and
mentally retarded
Slum improvement and up gradation
Urban poverty alleviation
Provision of urban amenities and facilities such as parks, gardens, playgrounds
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Promotion of cultural, educational and aesthetic aspects

Burials and burial grounds, cremations and cremation grounds, and electric crematoriums
Cattle ponds, prevention of cruelty to animals
Vital statistics including registration of births and deaths
Public amenities including street lighting, parking lots, bus stops and public conviences
Regulation of slaughter houses and tanneries. MUNICIPAL CORPORATION:
The Municipal Corporations are established in the states by the acts of the state
legislatures.
The same are established in the Union Territories through the acts of the Parliament.
The Municipal Corporations are created for the administration of big cities.
The State Election Commission conducts the elections for a Municipal Corporation.
For that purpose the total area is divided into the wards.
The people in each ward elect a representative called Corporator / Councilor.
A Municipal Corporation consists of three different authorities.
Council
Standing committees
Municipal Commissioner
MUNICIPAL COUNCIL:
The council consists of the members directly elected by the people.

The council is the deliberative and legislative wing of the Corporation.
The council is headed by a Mayor.
The election of the Mayor is decided by the state legislature.
If it is indirect election the Mayor is elected from among the members of the council.
The meetings of the council are presided over by the Mayor.
The Mayor is assisted by the Deputy Mayor.
STANDING COMMITTEES:
The standing committees are large in size.
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They are created to facilitate the working of the council.

The standing committees take decisions in their respective fields like education, health,
taxation, Public works, finance etc.
MUNICIPAL COMMISSIONER:
The Municipal Commissioner is appointed by the State Government.

The Municipal Commissioner belongs to the IAS.
The Municipal Commissioner is the chief executive authority of the Municipal
Corporation.
The Municipal Commissioner is responsible for implementation of the decisions taken by
the council and the standing committees.
*****
MUNICIPALITIES:
The Municipalities are established up by the acts of state legislatures.

The Municipalities set for the administration of small cities and towns.
For the Union Territories the municipalities are set up by the acts of the Parliament.
The State Election Commission conducts the elections for a Municipality.
For that purpose the total area is divided into the wards.
The people in each ward elect a representative called Councilor.
A Municipality consists of three different authorities.
Council
Standing committees
Chief Executive Officer / Municipal Commissioner
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COUNCIL:
The council consists of the members directly elected by the people.

The council is the deliberative and legislative wing of the Municipality.
The council is headed by a Chairman or President.
The election of the Chairman is decided by the state legislature.
If it is indirect election the Chairman is elected from among the members of the council.
The meetings of the council are presided over by the Chairman.
The Mayor is assisted by the Vice-Chairman.
STANDING COMMITTEES:
The standing committees are large in size.

They are created to facilitate the working of the council.
The standing committees take decisions in their respective fields like education, health,
taxation, Public works, finance etc.
THE MUNICIPAL COMMISSIONER OR CHIEF EXECUTIVE OFFICER:
The Municipal Commissioner is appointed by the state government.

The Municipal Commissioner is responsible for day to administration.
NATIONAL HUMAN RIGHTS COMMISSION (NHRC):
In the year 1993, the National Human Rights Commission was set up through an
ordinance issued by the President of India.
The President of India promulgated the Protection of Human Rights Ordinance on
September 28, 1993.
Later the Protection of Human Rights Bill, 1993 was passed by the Parliament.
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The President gave assent on January 4, 1994.

The act came into effect from September 28, 1993.
The NHRC is not a Constitutional body, it is a statutory body.
The NHRC was in conformity with the Paris Principles.
WHAT ARE PARIS PRINCIPLES?

These are abroad set of principles agreed up on by a number of nations for the promotion and
protection of human rights.
The convention was held in Paris in October 1991.
COMPOSITION:
There is a Chairman and four other members.
QUALIFICATIONS:
The Chairman should be a retired Chief Justice if India.

One member should be serving or retired judge of the Supreme Court.
One member should be a serving or a retired Chief Justice of a High Court
Two persons with knowledge or practical experience with respect to human rights.
EX-OFFICIO MEMBERS OF NHRC:
The Chairman of National Commission for Women

The Chairman of National Commission for SCs and STs
The Chairman of the National Committee for Minorities
APPOINTMENT:
The Chairman and other members are appointed by the President of India.
The President of India appoints the Chairman and other members on the recommendation
of six member committee consisting of
The Prime Minister - Chairman
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The Speaker of the Lok Sabha

The Deputy Chairman of the Rajya Sabha
Leader of the opposition in the Lok Sbah
Leader of the Opposition in the Rajya Sabha
The Union Home Minister
A sitting judge of the Supreme Court or a sitting Chief Justice of a High Court can be
appointed only after consultation with the Chief Justice of India.
TERM:
The term of office of Chairman and members is 5 years or until they attain the age of 70
years whichever is earlier.
After retirement the Chairman and members are not eligible for further employment
under the Central or State governments.
SALARY:
The salary, allowances and other conditions of service of the Chairman or a member are
determined by the Central Government.
The salary, allowances and other conditions of service cannot be varied to their
disadvantage after appointment.
REMOVAL:
The Chairman and members of NHRC are removed by the President on the grounds of
proved misbehavior or incapacity.
In this case the President must refer the case to the Supreme Court for an inquiry.
If the Supreme Court after the inquiry upholds the cause of removal and advises so, then
the President can remove the Chairman or a member
FUNCTIONS OF NHRC:
The NHRC intervenes in any proceeding involving allegation of violation human rights
pending before a court.
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The NHRC visits jails and detention places to study the living conditions of inmates and
make recommendation there on.
The NHRC reviews the constitutional and other legal safeguards for the protection of the
human rights and recommend measures for their effective implementation.
The NHRC enquires into any violation of human rights or negligence in the prevention of
such violence by a public servant either suo motto or on a petition presented to it.
The NHRC reviews the factors including acts of terrorism that inhibit the enjoyment of
human rights and recommend remedial measures.
The NHRC undertakes and promote research in the field of human rights.
The NHRC spreads the human rights literacy among the people and promote awareness
of the safeguards available for the protection of these rights.
The NHRC undertake such other functions as it may consider necessary for the
promotion of human rights.
MISCELLANEOUS:
The first chairman of NHRC was Justice Ranganath Mishra.

The present Chairman of NHRC is Justice H L Dattu
UPSC 2004:
According to the National Human Rights Commission Act, 1993, who amongst the following can be
its Chairman?
(a) Any serving Judge of the Supreme Court

(b) Any serving Judge of the High Court
(c) Only a retired Chief Justice of India
(d) Only a retired Chief Justice of a High Court
NATIONAL COMMISSION FOR WOMEN:
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The NCW is the apex national level organization of India with the mandate of protecting
and promoting the interests of women.
The Committee on the Status of Women in India (CSWI) recommended the setting up of
a National Commission for women to fulfill the surveillance functions to facilitate
redressal of grievances and to accelerate the socio-economic development of women.
The National Commission for Women was set up as statutory body in January 1992
under the National Commission for Women Act, 1990 to:
review the Constitutional and Legal safeguards for women ;

recommend remedial legislative measures ;
facilitate redressal of grievances and
Advise the Government on all policy matters affecting women.
The NCW publishes a monthly called Rashtra Mahila.

The First Commission was constituted on 31st January 1992 with Mrs. Jayanti Patnaik as
the Chairperson.
CONSTITUTION OF NCW:
The NCW was constituted by the Central Government.
COMPOSITION:
The Commission consists of a Chairperson and five other members.

A Chairperson, committed to the cause of women, to be nominated by the Central
Government.
and
Five Members to be nominated by the Central Government from amongst persons of

ability, integrity and standing who have had experience in law or legislation, trade
unionism, management of an industry potential of women, womens voluntary
organizations (including women activist), administration, economic development, health,
education,socialwelfare
Provided that at least one Member each shall be from amongst persons belonging to the
Scheduled Castes and Scheduled Tribes respectively;
A Member-Secretary to be nominated by the Central Government who shall be an
expert in the field of management, organizational structure or sociological movement,
OR
an officer who is a member of a civil service of the Union or of an all-India service or

holds a civil post under the Union with appropriate experience
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CENTRAL VIGILANCE COMMISSION (CVC):
The Central Vigilance Commission was set up in February 1964.

The CVC was set up on the recommendations of a Committee on Prevention of
Corruption.
This committee was headed by K. Santhanam.
The CVC is an autonomous body created by the central government.
The CVC is located in New Delhi.
The first Chief Vigilance Commissioner was Nittoor Srinivasa Rau.
The present CVC is K V Chaudhary
Appointment:
The CVC and other vigilance commissioners are appointed by the President of India.
The President is recommended by a 3 member committee consists of
The Prime Minister Chairman
The Union Home Minister Member
The Leader of Opposition in Lok Sabha Member
REMOVAL:
The Central Vigilance Commissioner or any Vigilance Commissioner shall be removed

from his office only by order of the President on the ground of proved misbehavior
or
incapacity
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after the Supreme Court, on a reference made to it by the President, has, on inquiry,
reported that the Central Vigilance Commissioner or any Vigilance Commissioner, as the
case may be, ought on such ground be removed.
The President may suspend from office, and if deem necessary prohibit also from
attending the office during inquiry, the Central Vigilance Commissioner or any Vigilance
Commissioner in respect of whom a reference has been made to the Supreme Court until
the President has passed orders on receipt of the report of the Supreme Court on such
reference.
The President may, by order, remove from office the Central Vigilance Commissioner or
any Vigilance Commissioner if the Central Vigilance Commissioner or such Vigilance
Commissioner, as the case may be:
FUNCTIONS:
The CVC is not an investigating agency.

The CVC either gets the investigation done through the Central Bureau of Investigation
or through the Departmental Chief Vigilance Officers.
The only investigation carried out by the CVC is that of examining Civil Works of the
Government which is done through the Chief Technical Officer.
Corruption investigations against government officials can proceed only after the
government permits them.
The CVC publishes a list of cases where permissions are pending, some of which may be
more than a year old.
ZONAL COUNCILS:
The idea of Zonal Councils was first initiated by the first Prime Minister of India
Jawaharlal Nehru in the year 1956.
Nehru proposed that country can be divided into 4 or 5 zonal councils.
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The idea was to minimize the hostilities among the people and to create a healthy inter-
state environment with a view to solve inter-state problems and fostering balanced socio
economic development of the respective zones.
Five Zonal Councils were set up in the year 1956.
The Zonal Councils have been established by the States Reorganization Act.
The purpose is to advice on matters of common interest to each zone.
The Zonal Councils discuss matters of common concern to the states and territories
comprised in each zone such as
Economic Planning
Social planning
Border disputes
Inter-state transport
Matters arising out of the reorganization of states and the like
To give advises to the states concerned
The Union Home Minister is the Chairman for all the Zonal Councils.
The Chief Minister of the concerned state is the Vice Chairman of the Zonal council on
rotation.
Each Zonal Council consists of the Chief Minister and two other ministers of each of the
states in the zone and the administrator in the case of a Union Territory.
There is also a provision of holding joint meeting of 2 or more Zonal councils.
FIVE ZONAL COUNCILS:
Northern Zonal Council: Haryana, HP, J&K, Punjab, Rajasthan, Delhi and Chandigarh.
The central Zonal Council: Chhattisgarh, Uttaranchal, UP and MP.
The Eastern Zonal Council: Bihar, Jharkhand, Orissa, Sikkim and West Bengal.
NOTE: Sikkim was excluded from the eastern council in the year 2002.
The Western Zonal Council: Goa, Gujarat, Maharashtra, Daman and Diu, Dadra and
Nagar Haveli.
The Southern Zonal Council: AP, Karnataka, Kerala and Tamil Nadu and Pondicherry.
The North eastern states Assam, Arunachal Pradesh, Manipur, Mizoram, Meghalaya,
Tripura and Nagaland are not included in the Zonal Councils.
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North east Council was set up in the year 1972.

Sikkim was included in the North East council in the year 2002.
Sikkim was excluded from the eastern council since 2002.
The Union Home Minister is the Chairman for all the zonal Councils.
The Chief Minister of the concerned state where the meeting is led acts as the Vice
Chairman on rotation.
INTER STATE COUNCIL:
Article 263 mentions about the establishment of Inter State Council.

The interstate council is meant for the coordination between the states and between the
states and the central government.
Establishment:
The President of India establishes the interstate council.
The President can define nature of the duties of the interstate council.
Article 263 specifies the duties that can be assigned to the interstate council.
The interstate council enquires into the disputes that arise between the states.
The interstate council advices upon such disputes between the states.
The interstate council investigates and discusses the subjects in which the states or the
centre and the states have a common interest.
The interstate council makes the recommendations upon any such subject and particularly
for the better coordination and action on it.
NOTE: Under Article 131 of the Indian Constitution the Supreme Court decides a legal
controversy between the governments.
But, the interstate council deals with a legal or non legal controversy.
The advice of the interstate council is advisory in nature and not binding.
Whereas the direction given by the Supreme Court is binding in nature.
Under Article 263 of the Indian Constitution the President has established
Central council of health
Central council for Local government and urban development.
Four regional councils for sales tax for Northern, Eastern, Western and Southern
Zones.
The Sarkaria Commissin on centre-state relations recommended for the establishment of
a permanent interstate council.
The Sarkaria commission also recommended that the interstate council must be called
inter-governmental council.
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In the year 1990 following the recommendations of the Sarkaria Commission the Janata
Dal government under the Prime Minister ship of V P Singh established the interstate
council.
The interstate council consists of
The Prime Minister Chairman
Chief Ministers of all the states
Chief Ministers of Union Territories with legislative Assemblies (Delhi and Pondicherry)
Administrators of Union Territories without legislative assemblies
6 Cabinet Ministers including the Home Minister nominated by the Prime Minister.
The Ministers of State in the Central government may be invited to the meetings when any item
relating to their ministry is discussed.
The most important function of the interstate council is coordination.
The interstate council meets at least 3 times a year.
DELIMITATION COMMISSION:
Article 82 of the Indian Constitution empowers the Parliament to enact a Delimitation act
after every census.
After the enactment the Central Government constitutes the Delimitation Commission.
The Delimitation commission of India is also called the Boundary commission of India.
The main function of the commission is to redraw the boundaries of the assemblies and
Lok Sabha constituencies based on the recent census.
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The representation from each state is not changed during this exercise.
However, the number of SC and ST seats in a state are changed in accordance with the
census.
The orders of the Delimitation Commission cannot be challenged in a court of law.
The orders are laid before the Lok Sabha and the respective State Legislative Assemblies.
However, modifications are not permitted.
Delimitation commissions have been set up four times so far.
1st time in 1952, under the Delimitation Commission act of 1952.
2nd time in 1963, under Delimitation Commission act of 1962 (the commission was
headed by Mr J L Kapur retired Judge of Supreme Court, includes Mr C P Sinha a
retired CJ of the Assam High Court and Mr K V N Sundaram Chief Election
Commissioner as the ex-officio member. The Act was passed in December 1962.
The Act was not applicable to Jammu and Kashmir and Nagaland).
3rd time in 1973, under Delimitation Commission act of 1972
4th time in 2002 under Delimitation Commission act of 2002.
The government had suspended delimitation in 1976 until after the 2001 census so that
states' family planning programmes would not affect their political representation in the
Lok Sabha.
This had led to wide discrepancies in the size of constituencies, with the largest having
over three million electors, and the smallest less than 50,000.
DELIMITATION COMMISSION OF 2002
The last delimitation commission was set up on July 12, 2002 after the 2001 census.
The Chairman was Justice kuldeep singh, a retired Judge of the
The Commission has submitted its recommendations.
In December 2007, the Supreme Court of India on a petition issued notice to the central
government not to implement the recommendations of the Delimitation Commission.
On January 4, 2008, the Cabinet Committee on Political Affairs headed by the Prime
Minister decided to implement the order from the Delimitation commission.
The recommendations of the delimitation commission were approved by the President,
Pratibha Patil on February 19, 2008.
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From that day onwards all the future elections in India for states covered by the
commission will be held under the newly formed constituencies.
The assembly elections in Karnataka which were conducted in three phases in May
2008 are the first one to use the new boundaries as drawn by the 2002 delimitation
commission.
The Constituencies reserved for Scheduled Castes in Parliament has been increased from
79 to 84 after the delimitation of the constituencies in the year 2008.
Similarly the number of seats reserved for Scheduled Tribes has increased from 41 to 47.
LOKPAL:
Sweden was the first country in the World to create the institute of Ombudsman in the
year 1809.
Note: Ombudsman is a Swedish word, it means a person who acts as the representative or
spokesman of another person.
This is the first democratic institute that was set up for the redressal of citizen grievances.
Later similar type of Institutions were set up in
Finalnd 1919
Denmark 1955
Norway 1962
New Zealand 1962
United Kingdom - 1967
In New Zealand the Ombudsman is called Parliamentary Commissioner.
New Zealand is the first common wealth country to have adopted the Ombudsman.
In United Kingdom also the institution is called Parliamentary Commissioner.
In India the Ombudsman is called Lokpal / Lokayukta.
India is yet to create the Lokpal institution.
The word lokpal was coined by L M singhvi in the year 1963.
Lokpal means protector of the people.
In India Lokpal was first recommended by ARC (Administrative Reforms Commission,
1966 1970).
The ARC was headed by Morarji Desai (Former Prime Minister of India, 1977 1979).
The ARC recommended that two Institutions called Lokpal/Lokayukta to be set up.
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These two institutions are meant for the redressal of citizens grievances.
The idea is that the Lokpal would deal with the complaints against ministers and
secretaries at the central and state levels.
The Lokayuktas one at the central level and one each at the state level would deal with
complaints against other specified higher officials.
The ARC recommended that judiciary should be out of the purview of Lokpal and
Lokayukta.
Note: In New Zealand the Judiciary is kept of the purview of the Parliamentary
Commissioner.
ARC recommended that the Lokpal would be appointed by the President of India after
consultation with the Chief Justice of India, the Speaker of Lok Sabha and the Chairman
of Rajya Sabha.
LOKAYUKTA:
The Lokayukta was first recommended by Administrative reforms Commission (ARC) in
the year 1968.
The Lokayukta was recommended along with the Lokpal.
The debate for the establishment of strong Lokpal is still going on in India.
But, many states have already created Lokayuktas at the state level.
Odisha (Orissa) was the first state in the country to pass the Lokayukta act in the year
1970.
But, the Lokayukta was established in Odisha (Orissa) in the year 1983.
Maharashtra was the first state to establish Lokayukta in the year 1971.
Some states like Andhra Pradesh, Karnataka, Maharashtra and Rajasthan have established
Lokayukta and Upalokayuktas.
Other states like Bihar, Himachal Pradesh and Uttar Pradesh have created only
Lokayuktas.
APPOINTMENT:
The appointment procedures vary from state to state.
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The Lokayukta is appointed by the Governor.

The Governor consults Chief Justice of High Court and the Leader of opposition in the
state assembly. (This is not same in all the states).
QUALIFICATIONS:
The qualifications also vary from state to state.

In states like Andhra Pradesh, Assam, Karnataka, Gujarat, Odisha, Uttar Pradesh judicial
qualifications have been mentioned.
In states like Bihar, Maharashtra and Rajasthan no specific qualifications are mentioned.
TERM:
The term is 5 years or till he attains the age of 65 years whichever is earlier.
Note: This is followed in most of the states.
JURISDICTION:
In states like Andhra Pradesh, Karnataka etc the Chief Minister is also included in the
purview of Lokayukta.
In almost all the states ministers and higher civil servants are included.
In states like Andhra Pradesh, Gujarat, Himachal Pradesh etc the members of State
Legislature are included.
REPORT:
The Lokayukta presents the annual report to the Governor.

The Governor places the report along with an explanatory memorandum before the state
legislature.
The Lokayukta is responsible to the State Legislature.
Recommendations:
The recommendations made by the Lokayukta are advisory in nature.
The recommendations are not binding on the state government.
Indian Polity
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4.amendment of The Constitution

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AMENDMENT OF THE CONSTITUTION:

Amendment is nothing but modification of the Constitution.

How many methods are mentioned to amend the Constitution?

Hence, the Constitution of India can be amended in three ways.

WHAT IS THE PROCEDURE FOR AMENDMENT OF THE CONSTITUTION?

The procedure is laid down in Article 368 of the Indian Constitution.

AMENDMENT BY SIMPLE MAJORITY OF PARLIAMENT:

AMENDMENT BY SPECIAL MAJORITY OF PARLIAMENT:

The majority of the provisions in the constitution need to be amended by special

a majority of 2/3rd of the members of each house present and voting.

AMENDMENT BY SPECIAL MAJORITY OF PARLIAMENT AND CONSENT BY

ANTI DEFECTION LAW: (10th Schedule)

The anti-defection law is meant for disqualification of members of Parliament or State

DISQUALIFICATION OF MEMBERS OF POLITICAL PARTIES:

A member of a political party can be disqualified,

If a member goes out as a result of merger, the member is not disqualified.

WHO IS AN INDEPENDENT MEMBER?

EXCEPTION FOR A NOMINATED MEMBER:

WHO IS THE DECIDING AUTHORITY REGARDING THE DISQUALIFICATION OF

The deciding authority is the Presiding officer (Speaker/chairman).

BACK GROUND OF THE CONSTITUTIONAL STATUS OF THE PANCHAYATI RAJ:

The B R Mehta Committee submitted the report in November 1957.

B R MEHTA COMMITTEE RECOMMENDATION:

B R Mehta Committee recommended for the establishment of 3-tier structure Panchayati

WHICH IS THE FIRST STATE TO ESTABLISH PANCHAYATI RAJ?

The scheme of Panchayat Raj was first established in Rajasthan.

ASHOK MEHTA COMMITTEE:

The Ashok Mehta Committee submitted the report in August 1978.

GVK RAO COMMITTEE:

In the year 1985 the Planning Commission appointed a committee on Administrative

SALIENT FEATURES OF THE 73RD AMENDMENT ACT 1992

This act added Part-IX to the Constitution.

NOTE: THE ORIGINAL CONSTITUTION CONTAINS ONLY 8 SCHEDULES.

The 11th schedule contains 29 items.

All questions of disqualifications shall be referred to such authority as the state

POWERS OF PANCHAYATS TO IMPOSE TAXES AND FINANCIAL RESOURCES:

STATE FINANCE COMMISSION:

The State Finance Commission is constituted by the Governor every 5 years.

AUDITING OF PANCHAYAT ACCOUNTS:

STATE ELECTION COMMISSION:

CONSTITUTIONAL STATUS TO MUNICIPALITIES:

Hence the Nagar Palika bill was lapsed.

74TH AMENDMENT ACT:

SALIENT FEATURES OF THE 74TH AMENDMENT ACT:

The act created 3 types of municipalities.

The term of every municipality is 5 years.

THE STATE ELECTION COMMISSION:

Under Article 243 K the State Election Commission is appointed.

POWERS, AUTHORITY AND RESPONSIBILITIES:

STATE FINANCE COMMISSION:

SOURCE OF INCOME TO THE MUNICIPAL CORPORATIONS:

OTHER COMMITTEES UNDER THE 74TH AMENDMENT ACT:

DISTRICT PLANNING COMMITTEE:

METROPOLITAN PLANNING COMMITTEE:

Under Article 243 ZB a Metropolitan Planning Committee should be established in every

ITEMS IN THE 12TH SCHEDULE:

Urban planning including town planning

Promotion of cultural, educational and aesthetic aspects

The council consists of the members directly elected by the people.

The standing committees are large in size.

They are created to facilitate the working of the council.

The Municipal Commissioner is appointed by the State Government.