Fundamental Rights

• Fundamental RightsThe Constitution of India listed the rights to the citizens of India that would be specially protected and known as the ‘Fundamental Rights.’
• ‘Fundamental’ means the Constitution has separately listed and made special provisions for the protection of ‘Fundamental Rights.’
• Fundamental Rights are different from other rights (i.e. ordinary legal rights) available to the citizens of India.
• Ordinary legal rights are protected and enforced by ordinary law; but Fundamental Rights are protected and guaranteed by the Constitution of India.
• Ordinary Rights may be changed or amended by the legislature by ordinary law making process, but a Fundamental Right may only be changed by amending the Constitution itself.
• Judiciary has the powers and responsibility (assigned by the Constitution) to protect the Fundamental Rights; in case any government’s action violates it.
• Judiciary, if found any act of the government (either by Executive or by Legislature) equivalent to violation of the Fundamental Rights, can be declared that act illegal or restrict them to do further so.
• However, Fundamental Rights have some reasonable restrictions and hence, they are not absolute in nature.
• Furthermore, the preamble to our Constitution speaks of ensuring all its citizens equality, liberty, and justice. Fundamental Rights put this promise into effect.
• Fundamental Rights are very essential to everyone’s life. They are the basic feature of the Constitution.
• The Constitution of India provides six Fundamental Rights, which are mentioned in Articles 12 to 35 in Part-III (of Constitution).

Right to Equality

• The Rule of law is the foundation of Indian democracy that states that the laws apply in the same manner to all, irrespective of a person’s status. It means that the Prime Minister of the country or a poor farmer in a remote village is subject to the same law and equal treatment.
• Article 14 states that the government shall not deny to any person, equality before the law or the equal protection of the laws, which means −

  --> Laws apply in the same manner to all;

  --> No person is above the law;

  --> Every citizen is subjected to the same laws and same treatment;

  --> No person can legally claim any special treatment or privilege on any of the ground; and

  --> Law makes no distinction between a political leader, a government official, and an ordinary citizen.

• Article 15 states that no citizen can be discriminated against on the basis of his/her religion, race, caste, sex, or place of birth.
• Article 15 further enhanced the Right to Equality by providing that every citizen shall have equal access to public places like shops, restaurants, hotels, and cinema halls. Similarly, there shall be no restriction with regard to the use of wells, tanks, bathing ghats, roads, playgrounds, and places of public resorts maintained by the government.
• Article 16 states that the State cannot discriminate against anyone in the matters of employment.
• Article 17 abolishes the practice of untouchability in any form, which states that every person has access to all public places including playgrounds, hotels, shops, etc.

Right to Freedom

• Freedom means non-interference and absence of restrictions in one’s affairs by others, whether it be the individuals or the Government.
• The Constitution of India provides all citizens ‘freedom’ under Article 19 to do any of these following acts −

  --> Right to Freedom of speech and expression;

  --> Right to form assembly in a peaceful manner;

  --> Right to form associations and unions;

  --> Right to move freely throughout the country;

  --> Right to reside in any part of the country; and

  --> Right to Practice any profession, or to carry on any occupation, trade, or business.

• However, there are certain reasonable restrictions that can be imposed upon the citizens by the Government in the larger interests of the society.
• Likewise, though every citizen has the right to all these freedoms, but it is subject to reasonable restrictions such as −

  --> The expression of freedoms should not cause public nuisance or disorder.

  --> This freedom of one should not violate others’ right to freedom.

  --> Freedom is not unlimited right to do what one wants.

  --> Accordingly, the government can impose certain reasonable restrictions (on freedoms of citizens) in the larger interests of the society.

• The Honorable Supreme Court of India has explained the ‘freedom’ under Article 21 as −

  --> No citizen can be killed unless the court has ordered a death sentence.

  --> No person can be arrested or detained by the police officer unless he has proper legal justification.

• As per the guidelines settled by the Hon’ble Supreme Court of India, a police officer while arresting a person has to follow some procedures −

  --> The police officer is duty bound to inform the person (in case of his arrest), the reason/s of his arrest and detention and the person so arrested has the right to know the reason for his arrest.

  --> It shall be the duty of the police officer to produce the arrested person before the nearest magistrate within a period of 24 hours of arrest.

  --> The arrested person has the right to consult a lawyer of his choice for his defense.

Right against Exploitation

• The Constitution of India provides distinct and clear provisions to prevent exploitation of the weaker sections of the society.

• The Constitution prohibits the following practices as evil and declares them illegal −

  --> Trafficking of human beings, i.e., the selling and buying of human beings, (generally, women and children are the victims of trafficking).

  --> Forced labor or beggar in any form is illegal and is prohibited (beggar is work or service without remuneration, which is called as bonded labor if this practice runs through life of the worker).

  --> Child labor is also prohibited. The children below 14 years of age, cannot be employed to work in any factory or mine or in any other hazardous work, such as railways and ports.

• The Parliament of India has enacted laws to implement constitutional right that prohibits children below 14 years of age from working in hazardous industries such as beedi making, firecrackers and matches, printing, and dyeing.

Right to Freedom of Religion

• India is a secular state, which means the State has no official religion and India does not promote/protect any one religion over the other religion.
• The Fundamental Rights under Articles 25 to 28 facilitate individuals the freedom to live by their religious beliefs and practices as they interpret these beliefs.
• Every citizen in India has liberty to profess, practice, and propagate the religion that he or she believes in.
• Every sect or a religious group is free to manage its religious affairs, but it is subject to reasonable restrictions debarring, any person, or organization to compel another person to convert into his religion by means of force, fraud, inducement, or allurement.
• This right is in the form of restrictions upon the government not to compel any person to pay any taxes for the promotion or maintenance of any particular religion or religious institution.
• In the educational institutions run or added by the government, neither any religious instruction can be imparted nor can any person be compelled to take part in any religious instruction or to attend any religious worship.

Cultural and Educational Rights

• The democracy is based upon the wishes of the majority. In this system, the right and interest of the minorities need to be protected by developing a mechanism that cannot be changed prejudicially by the majority.
• Therefore in a democratic country, Special Protection is provided in the constitution to preserve and develop the language, culture, and religion of minorities.
• Any section of citizens with a distinct language or culture has the right to conserve its language, culture, and religious practices.
• Articles 29 and 30 provide Cultural and Educational Rights, which states that all minorities, religious or linguistic groups, having a distinct language, script or culture of its own can set up their own educational institutions in order to preserve and develop their language, script, or culture.

Right to Constitutional Remedies

• A person aggrieved by the violation of any of his/her fundamental right can approach either to the Supreme Court (under Article 32) or High Court (under Article 226) for the restoration of his/her fundamental right/s.
• The enforceability of rights is a very important aspect of all fundamental rights and hence, it is called as the “Right to Constitutional Remedies.”
• According to Dr. Ambedkar, the right to constitutional remedies is the ‘heart and soul of the Constitution.’
• If someone violates someone’s Fundamental Rights, then he/she can approach either a High Court or directly the Supreme Court to get proper remedy.
• The Supreme Court or the High Court (as the case may be) can issue orders (known as writs) and give directives to the Government for the enforcement of Fundamental Rights.
• Following are the five writs/orders issued by either the Supreme Court or High Courts

  --> Habeas corpus − A writ of habeas corpus means that the court orders that the arrested person should be presented before the court. The court can also order to set free an arrested person if the manner and/or grounds of arrest are not lawful or satisfactory.

  --> Mandamus − This writ is issued when a court finds that a particular office holder is not doing legal duty and thereby is infringing on the right of an individual.

  --> Prohibition − This writ is issued by a higher court (High Court or Supreme Court); when a lower court has considered a case, which is going beyond its jurisdiction.

  --> Quo Warranto − If a court finds that a person is holding office but is not entitled to hold that office, it issues the writ of quo warranto and restricts that person from acting as an office holder.

  --> Certiorari − Under this writ, a higher court orders a lower court or another authority to transfer a matter pending before it to the higher authority or court.

• Apart from the judiciary, some other bodies and mechanisms that protect an individual’s right are 

  --> The National Commission on Minorities,

  --> The National Commission on Women,

  --> The National Commission on Scheduled Castes, etc.

• In 1993, the Government of India has established ‘National Human Rights Commission’ (NHRC), which consists of −

  --> A former chief justice of the Supreme Court of India;

  --> A former judge of the Supreme Court;

  --> A former chief justice of a High Court, and

  --> Two other members who have knowledge and practical experience in the matters relating to human rights.

• However, NHRC does not have the power of prosecution. It can merely make recommendations to the government or recommend to the courts to initiate proceedings based on the inquiry that it conducted.

Expansion and Scope of Fundamental Rights

• Since independence, the scope of Fundamental Rights have expanded greatly to include several other rights from time to time.
• The Fundamental Rights embedded in our constitution are the source of all rights, based on this, the Government of India enacted several laws e.g. −

  --> Right to information,

  --> Right to freedom of press, and

  --> Right to education

• The Parliament of India has amended the Constitution to include ‘school education’ as a Fundamental Right for the Indian citizens. Resultantly, now it is the duty and responsibility of the governments to provide free and compulsory education to all children up to the age of 14 years.
• The Parliament has enacted a law ‘right to information act’ under the Fundamental Right to freedom of thought and expression, which provides a right to seek information from the government offices.
• The Supreme Court of India by explaining the Fundamental Rights has further expanded the scope and meaning of the Fundamental Rights, as it included ‘right to food’ in the ‘right to life’ section (i.e. Article 21).

Directive Principles

A list of policy guidelines is included in the Constitution known as “the Directive Principles of State Policy” (DPSP). These guidelines are ‘non-justifiable’, i.e., parts of the Constitution that cannot be enforced by the judiciary.

Goals of DPSP

Following are the significant Goals of DPSP −

• Uniform civil code;
• Prohibition of consumption of alcoholic liquor;
• Promotion of cottage industries;
• Prevention of slaughter of useful cattle;
• Promotion of village panchayats

Non - Justifiable rights of DPSP

Following are the major non-justifiable rights of DPSP −

Adequate livelihood;

• Equal pay for equal work for men and women;
• Right against economic exploitation;
• Right to work; and
• Early childhood care and education to children below the age of six years.

Difference between DPSP & FR

• Following are the major differences between the Fundamental Rights and the Directive Principles of State Policy −

  --> The Fundamental Rights mainly protect the rights of individuals, while the directive principles ensure the well-being of the entire society.

  --> The Fundamental Rights are justifiable and can be claimed in the court of law, whereas the Directive Principles of State Policy cannot be enforced by the judiciary.

  --> The Fundamental Rights restrain the government from doing certain things, while the Directive Principles of State Policy insist the government to do certain things.

• Regarding the Right to Property, the Constitution made it clear that property could be taken away by the government for public welfare.
• In 1973, the Supreme Court gave a decision that the Right to Property was not a part of the basic structure of the Constitution and therefore, the Parliament has the power to abridge this right by an amendment.
• In 1978, the 44th amendment to the Constitution removed the Right to Property from the list of Fundamental Rights and transformed it into a simple legal right under Article 300 A.

Fundamental Duties

Under Part IV ‘A’, Article 51A of the Indian Constitution describes the following "Fundamental Duties" (i.e. the duty of every citizen of India).

• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
• To cherish and follow the noble ideals which inspired our national struggle for freedom;
• To uphold and protect the sovereignty, unity and integrity of India;
• To defend the country and render national service when called upon to do so;
• To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
• To value and preserve the rich heritage of our composite culture;
• To protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
• To develop the scientific temper, humanism and the spirit of inquiry and reform;
• To safeguard public property and to abjure violence;
• To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of achievement; and
• Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

Union Executive

• The organ of a government that primarily looks after the function of implementation and administration is known the Executive.
• The Executive is the branch of Government accountable for the implementation of laws and policies legislated by the legislature.
• In the Parliamentary form of executive, the Prime Minister is the head of the government and the head of the State may be Monarch (Constitutional Monarchy, e.g. UK) or President (Parliamentary Republic, e.g. India).
• In a Semi-Presidential System, the President is the head of the State and the Prime Minister is the head of the government, e.g. France.
• In a Presidential System, the President is the head of the State as well as the head of government, e.g. the US.

Indian System

• Article 74 (1) of the Indian Constitution states that “there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall in the exercise of his functions, act in accordance with such advice.”
• The President has a wide range of power including executive, legislative, judicial, and emergency powers. However, in a parliamentary system (e.g. India), these powers are in reality used by the President only on the advice of the Council of Ministers.
• The Prime Minister and the Council of Ministers have support of the majority in the Lok Sabha and they are the real executive.
• The President is the formal head of the government.
• The Prime Minister is obliged to furnish all the information that the President may call for.
• The Council of Ministers is headed by the Prime Minister.
• In the parliamentary form of executive, it is essential that the Prime Minister has the support of the majority in the Lok Sabha. And the moment the Prime Minister loses this support of the majority; he or she loses the office.
• In case no party is in majority, a few parties can form government ‘in coalition.’
• A Prime Minister has to be a Member of Parliament (MP); however, if someone becomes the Prime Minister without being an MP; in such as case, he or she has to get elected to the Parliament within six months of period.
• The Council of Ministers constitutes not more than 15 percent of a total number of members of the House of the People (91st Amendment).
• Persons selected by the Union Public Service Commission for Indian Administrative Service (IAS) and Indian Police Service (IPS) constitute the backbone of the higher level bureaucracy in the States.
• Though IAS and IPS work under the state government, they are appointed by the central government; hence, only the central government can take disciplinary action against them. However, the officers appointed through the State Public Service Commission look after the state administration.

The President

• The President of India is the head of the State. He exercises only nominal powers. His functions are mainly ceremonial in nature like the Queen of Britain.
• All the political institutions in India, function in the name of the President of India and the President supervises their functions to bring harmony in their works to achieve the objectives of the State.
• In India, the President is elected, not appointed, (although not elected directly by the people). The President is elected by the Members of Parliament (MPs) and the Members of the Legislative Assemblies (MLAs) of each state.
• Participation of Members of the state’s Legislative Assemblies in the election of the president of India shows that the President of India represents the entire nation. At the same time, the indirect election of the President ensures that he cannot claim popular mandate like that of the Prime Minister and thus remains only a nominal head of the State.
• All major policy decisions and orders of the government are issued in the President’s name.
• The President appoints all the major heads of the institutions of the government, i.e.

  --> The appointment of the Chief Justice of India,

  --> The Judges of the Supreme Court and the High Courts of the states,

  --> The Governors of the states,

  --> The Election Commissioners,

  --> Ambassadors to other countries, etc.

• The government of India makes all international treaties and agreements in the name of the President.
• The President is the supreme commander of the defense forces of India.
• However, all these powers are exercised by the President only on the advice of the Council of Ministers headed by the Prime Minister.
• The President can ask the Council of Ministers for reconsideration on any advice (asked to him by the Council of Ministers), but if the Council of Ministers recommend the same advice again, he is bound to act according to it.
• A Bill passed by the Parliament becomes a law only after the President gives assent to it. The President can return a Bill back to the Parliament for reconsideration, but he has to sign it, if the Parliament passes the Bill again (with or without amendment).

Discretionary Power

In three circumstances, the President can exercise his or her discretionary power

• The President can send back the advice given by the Council of Ministers for reconsideration.
• The President has veto power (also known as ‘pocket veto’) by which he or she can withhold or refuse to give his or her assent to any Bill (other than Money Bill) passed by the Parliament. It happened once, i.e. in 1986, President Gyani Zail Singh withheld the “Indian Post Office (amendment) Bill.”
• The President appoints the Prime Minister.

Vice President

• The Vice President is elected for five years and the election method is similar to that of the President; however, the only difference is that the members of State legislatures do not participate in the Electoral process.
• The Vice President acts as the ex-officio Chairman of the Rajya Sabha.
• The Vice President takes over the office of the President when there is a vacancy by reasons of death, resignation, removal by impeachment, or otherwise.
• The Vice President may be removed from his or her office by a Resolution of the Rajya Sabha passed by a majority and agreed to by the Lok Sabha.

Union Legislature

• The Union Legislature of India is not only the lawmaking body, but the center of all democratic political process.
• The Parliament is the central legislature and the legislature of the state is known as ‘State Legislature.’
• The Parliament of India is bicameral (i.e. consists of two houses) namely Rajya Sabha (the Council of States) and Lok Sabha (the House of the People).
• Indian states also have the option to have either bicameral or unicameral; however, at present, there are seven states (shown in the map given below), which have bicameral legislature namely −
  Uttar Pradesh,
  Bihar,
  Maharashtra,
  Karnataka,
  Andhra Pradesh, and
  Telangana.

Rajya Sabha

• The Rajya Sabha is an indirectly elected body and represents the States of India.
• The elected members of State Legislative Assembly elect the members of Rajya Sabha.
• In the U.S.A, every state has equal representation in the Senate irrespective of size and population of the states, but in India, it is not the same.
• In India, states with larger size of population get more representatives than states with smaller population. For example, Uttar Pradesh (the most populated state) sends 31 members to Rajya Sabha; on the other hand, Sikkim (the least populated state) sends only one member to Rajya Sabha.
• The number of members to be elected from each State has been fixed by the fourth schedule of the Constitution.
• Members of the Rajya Sabha are elected for a term of six years and then they can be re-elected.
• Members of Rajya Sabha are elected in such a manner that they do not complete their tenure altogether; rather after every two years, one-third member complete their term and elections are held for those one-third seats only.
• Likewise, the Rajya Sabha never gets fully dissolved and hence, it is known as the permanent House of the Parliament.
• Apart from the elected members, the President appoints 12 members from the fields of literature, science, art, and social service.

Lok Sabha

• The members of Lok Sabha and the State Legislative Assemblies are directly elected by the people for the period of five years.
• However, before the completion of tenure, if the Lok Sabha is dissolved (no party forms government with majority), a fresh election will be conducted again.

Functions of the Parliament

• The Parliament has legislative (law making) and financial functions (money bill and budgetary function); besides, it also controls the Executive and ensures its accountability.
• The Parliament is the highest forum of debate in the country and hence, there is no limitation on its power of discussion.
• The Parliament has the power of discussing and enacting changes to the Constitution (i.e. amendment power).
• The Parliament also performs some electoral functions, as it elects the President and the Vice President of India.
• The Parliament has also judicial functions, as it considers and decides the proposals for the removal of President, Vice-President, and Judges of the Supreme Court and High Courts.
• Following are the some distinct powers of Lok Sabha and Rajya Sabha −

  --> Lok Sabha makes ‘Laws’ on matters included in Union List and Concurrent List and can introduce and enact money and non-money bills.

  --> Rajya Sabha considers and approves non-money bills and suggests amendments to money bills.

  --> Lok Sabha approves proposals for taxation, budgets, and annual financial statements.

  --> Rajya Sabha approves constitutional amendments.

  --> Lok Sabha establishes committees and commissions and considers their reports.

  --> Rajya Sabha can give the Union parliament power to make laws on matters included in the State list.

Special Powers of Rajya Sabha

• Rajya Sabha has some special powers. If the Union Parliament wishes to remove a matter from the State list (over which only the State Legislature can make law) to either the Union List or Concurrent List in the interest of the nation, the approval of the Rajya Sabha is essential.

Special Powers of Lok Sabha

• Regarding Money Bills, the Lok Sabha has the exclusive power and hence, the Rajya Sabha cannot initiate, reject, or amend money bills.
• Amendment/s made by the Rajya Sabha to the Money Bill may or may not be accepted by the Lok Sabha.

Bills

• A bill proposed by a minister is described as Government Bill; however, if a bill proposed by a non-minister member, it is known as private member’s Bill.
• If there is disagreement between the two Houses on a proposed Bill, then it is resolved through the Joint Session of Parliament.
• Regarding the Money Bill, if the Rajya Sabha does not take any action within 14 days, the bill is deemed to have been passed.

Other Facts

• Zero Hour is a special part of Question Hour where the members are free to raise any matter that they think is important; however, the ministers are not bound to reply.
• Deliberation and discussion, Approval or Refusal of laws, financial control, No confidence motion, are different instruments of Parliamentary control.
• Standing Committees, Joint Parliamentary Committees, etc. are the important committees of the Parliament; their main functions are studying the demands for grants made by various ministries, looking into expenditure incurred by various departments, investigating cases of corruption, etc.
• An amendment to the Constitution (52nd amendment act) was made in 1985, popularly known as an anti-defection amendment.
• According to anti-defection amendment, there was an agreement among the parties that a legislator who is elected on one party’s ticket must be restricted from ‘defecting’ to another party.
• The presiding officer of the House is the authority who can take the final decisions on all anti-defection cases.
• If a member remains absent in the House when asked by the party leadership to be present or votes against the instructions of the party or voluntarily leaves the membership of the party, it is tantamount to defection.

Prime Minister and Council of Ministers

• The Council of Ministers is one the most powerful political institutions in the country. Prime Minister is the head of the Council of Ministers (as well as the central government).
• There is no direct election to the post of the Prime Minister (PM), but the Prime Minister is chosen normally from the elected MPs.
• The Prime Minister is appointed by the President of India. The President appoints a person as Prime Minister who is the leader of the party having the majority in the Lok Sabha.
• The Prime Minister continues in power for five-year term OR so long as he commands the majority party or coalition.
• The President appoints other ministers on the advice of the Prime Minister.
• The Prime Minister is free to choose his ministers from the members of Parliament.
• A person who is not a Member of Parliament can also become a minister. But such a person has to get elected to one of the Houses of the Parliament within six months of appointment as minister.
• All the Ministers collectively in a group are officially called as Council of Ministers; however, the Ministers have different ranks and portfolio.
• The different categories of the ministers are −

  Cabinet Ministers are the most experienced and top-level leaders of the ruling party. They usually hold the charge of the major ministries like Finance, Defense, Home, External Affairs, Food and Supply, etc. The decisions of the government are generally taken up in the meeting of the Cabinet Ministers headed by the Prime Minister. Thus the Cabinet is the core group of ministers within the Council of Ministers.

  Ministers of State with independent charge usually hold independent charge of smaller Ministries. They generally do not participate in the Cabinet meetings but may participate when specially invited.

  Ministers of State are generally appointed to assist Cabinet Ministers.

Local Government

• Local government is the government of the village and district level. It is the government closest to the common people that involves in day-to-day life and attempt to resolve problems of ordinary citizens.
• Democracy is in fact about meaningful participation and also about accountability. Hence, strong and vibrant local governments ensure both active participation and purposeful accountability.
• The hierarchy of different levels of Governments (of India) is shown in the following image −
  

Evolution of Local Government

• In 1882, Lord Rippon, the-then Viceroy of India, took the initiative to form elected local government body.
• Following the Government of India Act 1919, village Panchayats were established in many provinces and the trend continued after the Government of India Act of 1935.
• When the Constitution was prepared, the subject of local government was assigned to the States and it was one of the provisions of the Directive Principles of State Policy.
• After the independence, a three-tier Panchayati Raj system of local government was recommended for the rural areas; resultantly, some of the states including Gujarat and Maharashtra adopted the system of elected local bodies (1960).
• After 1987, a thorough review of the functioning of local government institutions was initiated and in 1989, the P. K. Thungon Committee recommended constitutional recognition to the local government bodies.
• Finally, in 1992, the 73rd and 74th Constitutional Amendments were passed by the Parliament.
• The 73rd Amendment is about the rural local governments, which are also known as Panchayati Raj Institutions (PRIs).
• The 74th Amendment made the provisions relating to the urban local government (also known as Nagarpalikas).

Panchayati Raj

• Following the 73rd Amendment, all states now have a uniform three tier Panchayati Raj structure as −

  --> Gram Panchayat − At the bottom level;

  --> Mandal (also known as Block or Taluka) − Intermediary level; and

  --> Zilla Panchayat − At the top level.

• A Gram Panchayat covers a village or group of villages.
• The intermediary level is the Mandal covers Block (i.e. a group of gram panchayat).
• The Zilla Panchayat covers the entire rural area of the District.
• All the three levels of Panchayati Raj Institutions are elected directly by the people for five years term.
• One-third of the positions in all panchayat institutions are reserved for the women.
• Twenty-nine subjects (of 11th Schedule of the Constitution), which were earlier in the State list, are transferred to the Panchayati Raj Institutions.
• The 73rd Amendment was not made applicable to the areas inhabited by the Adivasi populations in many states of India; however, a separate provision was passed in 1996 for these areas.
• The State government is required to appoint a State Election Commissioner (independent of Election Commission of India) who would be responsible for conducting elections in the Panchayati Raj Institutions.
• The state government is required to appoint a State Finance Commission once in five years.

Nagarpalika

• The 74th Amendment dealt with urban local bodies (Nagarpalikas or Municipality).
• The Census of India defines an urban area as −

  --> A minimum population of 5,000;

  --> At least 75% of male working population engaged in non-agricultural occupations, and

  --> A density of population is at least 400 persons per sq. km.

• As per the 2011 census (provisional data), about 31 percent of India’s population lives in urban areas.
• Many provisions of 74th Amendment are similar to 73rd Amendment.
• The functions of Nagarpalika have been listed in the Twelfth Schedule of the Constitution.
• The Indian population has 16.2 percent Scheduled Castes (SC) and 8.2 per cent Scheduled Tribes (ST) and accordingly, the seats for both SC and ST are reserved in local government.

Judiciary

• Judiciary is an independent body that protects and ensures the ‘rule of law.’
• Any other organs of the government including the executive and legislature must not restrain the functioning of the judiciary.
• The judicial system in India is in the form of an integrated judiciary, which consists of a Supreme Court for the whole nation, High Courts in each state, and District Courts and the courts at the local level (as shown in the diagram given below).
  
• The Supreme Court controls the judicial administration and the judgments of the Supreme Court are binding on all other courts of the country.

Judges of Supreme Court

• The Judges of the Supreme Court (and the High Courts) are appointed by the President (of India) after ‘consulting’ the Chief Justice of India (CJI).
• Normally, the senior-most judge of the Supreme Court of India is appointed as the Chief Justice of India (CJI); however, this convention was broken two times −

  --> In 1973, A. N. Ray was appointed as CJI superseding three senior Judges and

  --> In 1975, Justice M.H. Beg was appointed superseding Justice H.R. Khanna.

• A judge of the Supreme Court (or High Courts) can be removed only on the ground of proven misbehavior or incapacity.
• A motion containing the charges against the judge must be approved by special majority in both the Houses of Parliament; only then a judge can be removed.

Jurisdictions of Supreme Court

• The Supreme Court of India acts as the highest court of appeal in civil and criminal cases. It hears appeals against the decisions of the High Courts. However, the Supreme Court hears any case if it pleases to do so.
• The Supreme Court has got jurisdiction to take up any dispute such as −

  --> Between citizens of the country;

  --> Between citizens and government;

  --> Between two or more state governments; and

  --> Between governments at the union and state level.

• The Supreme Court and the High Courts are the custodian of our constitution. They have the power to interpret the Constitution of the country.
• The Supreme Court can declare any law of the legislature or the actions of the executive unconstitutional if such a law or action is against the provisions of the Constitution.
• The Supreme Court has ‘Original Jurisdiction’. It means – some cases can be directly considered by the Supreme Court without going to the lower courts.
• The Supreme Court has ‘Writ Jurisdiction’. It means - any individual, whose fundamental right has been violated, can directly go to the Supreme Court for appropriate remedy.
• The Supreme Court is the highest court of appeal (Appellate Jurisdiction). It means - a person can appeal to the Supreme Court against the decisions of the High Court.
• The Supreme Court has ‘Advisory Jurisdiction’. It means - the President of India can refer any matter that is of public importance or involves interpretation of Constitution to Supreme Court for advice.
• Article of 137 of the Constitution states that the Supreme Court shall have the power to review any judgment pronounced or order made by it.
• Article 144 of the Constitution states that all authorities, civil and judicial, in the territory of India shall act in aid of the Supreme Court.
• The chief instrument through which judicial activism has come into existence in India is Public Interest Litigation (PIL) or Social Action Litigation (SAL).
• When a case is filed not by aggrieved people, but rather on their behalf, someone else, as it involves a consideration of an issue of public interest, hence, it is known as Public Interest Litigation (PIL) or Social Action Litigation (SAL).

Rights of the Supreme Court

• The two most important rights of Judiciary are −

  --> It can restore fundamental rights by issuing writs of Habeas Corpus; mandamus etc. under Article 32 of the Constitution and the same action can be taken by the High Courts as well under the Article 226 of Constitution.

  --> Under Article 13 of the Constitution - the Supreme Court can declare the concerned law as unconstitutional and therefore non-operational.

• The Judicial Review (JR) is one of the most important powers of the Supreme Court.
• Judicial Review means the power of the Supreme Court to examine the constitutionality of any law; so, if the Court arrives at the conclusion that the aforesaid law is inconsistent with the provisions of the Constitution, such a law is declared as unconstitutional and inapplicable.
• The Supreme Court (and the High Courts) has the power to check the Constitutional validity of any legislation or action of the executive, when it is challenged before them. This power is called judicial review.
• The Supreme Court of India also guards the Constitution against any change in its basic principles by the Parliament.
• The independence and powers exercised by the Indian judiciary in India make the Supreme Court to act as the guardian of the Fundamental Rights.
• The Indian Constitution is based on a subtle principle of limited separation of powers and checks and balances, which means - each organ of the government has a clear area of functioning. For example,

  --> The Parliament is supreme in making laws and amending the Constitution;

  --> The Executive is supreme in implementing the laws; and

  --> The judiciary is supreme in settling disputes and deciding whether the laws that have been made are in accordance with the provisions of the Constitution.

• In a landmark judgment of Kesavananda Bharati case (1973), the Supreme Court ruled that there is a ‘Basic Structure’ of the Constitution and nobody — not even the Parliament (through amendment)— can violate the basic structure.
• In Kesavananda Bharati case, the Supreme Court did two things −

  --> It said that right to property was not part of the basic structure and therefore could be suitably amended.

  --> The Court reserved to itself the right to decide whether various matters are part of the basic structure of the Constitution.