Q. Consider the following statements:

  1. The minimum age prescribed for any person to be a member of Panchayat is 25 years.
  2. A Panchayat reconstituted after premature dissolution continues only for the remainder period.

Which of the statements given above is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (b) 2 only

Panchayat Raj System::
  • Panchayati Raj Institution (PRI) is a system of rural local self-government in India.
  • Part IX of the Constitution deals with Panchayat Raj System in India.
  • Panchayati Raj was constitutionalized through the 73rd Constitutional Amendment Act of 1992.
  • All the seats in panchayat are filled by direct election.
  • The chairperson of each panchayat is elected according to the law passed by the state.
  • Every panchayat can continue for a term of five years from the date of its first meeting.
  • It can be dissolved earlier in accordance with state law.
  • A panchayat reconstituted after premature dissolution continues only for the remainder of the period. But if the remainder of the period is less than 6 months it is not necessary to hold elections.
  • All the persons above 21 years of age and qualified to be a member of the state legislature are qualified as a member of panchayat.
  • A state can authorize a panchayat to levy, collect, and appropriate taxes, duties, tolls, etc.
  • Finance Commission is constituted for every 5 years to review the financial position of panchayats and make recommendations.
  • The state election commissioner is appointed by the Governor for superintendence, direction, and control of elections to panchayats.
Salient Features of the Constitution 73rd and 74th Amendments?
  • These amendments added two new parts to the Constitution, namely, added Part IX titled “The Panchayats” (added by 73rd Amendment) and Part IXA titled “The Municipalities” (added by 74th Amendment).
  • Basic units of democratic system-Gram Sabhas (villages) and Ward Committees (Municipalities) comprising all the adult members registered as voters.
  • Three-tier system of panchayats at village, intermediate block/taluk/mandal and district levels except in States with population is below 20 lakhs (Article 243B).
  • Seats at all levels to be filled by direct elections (Article 243C (2)).
  • Seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) and the chairpersons of the Panchayats at all levels also shall be reserved for SCs and STs in proportion to their population.
  • One-third of the total number of seats to be reserved for women.
  • One third of the seats reserved for SCs and STs also reserved for women.
  • One-third offices of chairpersons at all levels reserved for women (Article 243D).
  • Uniform five year term and elections to constitute new bodies to be completed before the expiry of the term.
  • In the event of dissolution, elections compulsorily within six months (Article 243E).
  • Independent Election Commission in each State for superintendence, direction and control of the electoral rolls (Article 243K).
  • Panchayats to prepare plans for economic development and social justice in respect of subjects as devolved by law to the various levels of Panchayats including the subjects as illustrated in Eleventh Schedule (Article 243G).
  • 74th Amendment provides for a District Planning Committee to consolidate the plans prepared by Panchayats and Municipalities (Article 243ZD).
  • Budgetary allocation from State Governments, share of revenue of certain taxes, collection and retention of the revenue it raises, Central Government programmes and grants, Union Finance Commission grants (Article 243H).
  • Establish a Finance Commission in each State to determine the principles on the basis of which adequate financial resources would be ensured for panchayats and municipalities (Article 243I).
  • The Eleventh Scheduled of the Constitution places as many as 29 functions within the purview of the Panchayati Raj bodies.

Q. Which of the following statements is/are correct?

  1. A Bill pending in the Lok Sabha lapses on its prorogation.
  2. A Bill pending in the Rajya Sabha, which has not been passed by the Lok Sabha, shall not lapse on dissolution of the Lok Sabha.

Select the correct answer using the code given below.

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (b) 2 only

Lapsing of Bills in Parliament:
  • It is only Lok Sabha and the Legislative Assemblies that are subject to dissolution, there is no provision of dissolution for Rajya Sabha and State Legislative Council.
  • When the Lok Sabha is dissolved, all business including bills, motions, resolutions, notices, petitions pending before it or its committee’s lapses.
  • Articles 107 and 108 of the Indian Constitution deal with these provisions.
When does a Bill lapse?
  • A Bill that originates in the Lok Sabha and remains pending in the Lower House itself is considered lapsed with the dissolution of the House.
  • A Bill that originates and is passed by the Rajya Sabha, but is pending in the Lok Sabha also lapses with the dissolution of the Lower House.
  • Bills that originate and are passed in the Lok Sabha but are pending in the Rajya Sabha are also considered lapsed.
  • Bill that originates and is passed in the Rajya Sabha but is returned with amendments to the Upper House by the Lok Sabha and then does not get the clearance of the Rajya Sabha is considered to have lapsed on the date of dissolution of the Lower House.
When does a Bill not lapse?

There are instances when certain Bills, despite the dissolution of the Lower House, are not considered to have lapsed.

  • A Bill that is pending in the Rajya Sabha but is not passed by the Lok Sabha.
  • Bills that have cleared both the Houses but are pending assent from the President.
  • If the president has notified the holding of a joint sitting before the dissolution of Lok Sabha.
  • A bill passed by both Houses but returned by the president for reconsideration of Rajya Sabha.
  • Pending bills and all pending assurances that are to be examined by the Committee on Government Assurances.

Q. Consider the following statements:

  1. The Chief Secretary in a State is appointed by the Governor of that State.
  2. The Chief Secretary in a State has a fixed tenure.

Which of the statements given above is / are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Answer: (d) Neither 1 nor 2

Chief Secretary:
  • The Chief Secretary is the top-most executive official and senior-most civil servant of the state government.
  • The Chief Secretary is the ex-officio head of the state Civil Services Board, the State Secretariat, the state cadre Indian Administrative Service and all civil services under the rules of business of the state government.
  • Position:
    • The Chief Secretary acts as the principal advisor to the chief minister on all matters of state administration.
    • The Chief Secretary is the officer of Indian Administrative Service.
    • The Chief Secretary is the senior-most cadre post in the state administration, ranking 23rd on the Indian order of precedence.
      • The post of Chief Secretary of a State Government is equivalent to Vice Chief of the Army Staff/Commanders and officers in the rank of full General and its equivalents in the Indian Armed Forces, and are listed as such in the Order of Precedence
    • The Chief Secretary acts as an ex-officio secretary to the state cabinet, therefore called “Secretary to the Cabinet”. The status of this post is equal to that of a Secretary to the Government of India.
  • Appointment:
    • The Chief Secretary is ‘chosen’ by the Chief Minister.
    • As the appointment of Chief Secretary is an executive action of the Chief Minister, it is taken in the name of the Governor of the State.
  • Tenure:
    • The office of Chief Secretary has been excluded from the operation of the tenure system.
    • There is no fixed tenure for this post.
Chief Secretary in Union Territory
  • In the union territories, which are governed by Administrators, Chief Secretaries are absent. In these territories an Adviser to the Administrator is appointed by the Union Government.
  • However, the union territories of Delhi, Jammu and Kashmir and Puducherry, which have been granted partial statehood, do have Chief Secretaries.
  • In Delhi, Jammu and Kashmir and Puducherry, the Chief Minister chooses the Chief Secretary and is appointed by the Lieutenant Governor.
  • Chief Secretaries and Advisers to the Administrators of Union territories, in general, are junior in rank compared to the Chief Secretaries of the States. The office bearers generally are of the rank Joint Secretary to Government of India and its equivalents.
  • However, in Delhi and Chandigarh, the topmost civil servant is either of the ranks of Secretary to Government of India and its equivalents or Additional Secretary to Government of India and its equivalents.

Q. The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the

(a) Lok Sabha by a simple majority of its total membership

(b) Lok Sabha by a majority of not less than two-thirds of its total membership

(c) Rajya Sabha by a simple majority of its total membership

(d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Answer: (d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting

Notes:
  • As per Article 249, the Parliament can make laws on items in the State List if the Rajya Sabha passes a resolution by 2/3 majority of its members present and voting, that it is necessary for the Parliament to make laws on any item enumerated in the State List, in the national interest.
  • Legislative Functions of Parliament:
    • The Parliament legislates on all matters mentioned in the Union List and the Concurrent List.
    • In the case of the Concurrent List, where the state legislatures and the Parliament have joint jurisdiction, the union law will prevail over the states unless the state law had received the earlier presidential assent.
    • However, the Parliament can any time, enact a law adding to, amending, varying, or repealing a law made by a state legislature.
    • The Parliament can also pass laws on items in the State List under the following circumstances:
    • If Emergency is in operation, or any state is placed under President’s Rule (Article 356), the Parliament can enact laws on items in the State List as well.
    • As per Article 253, it can pass laws on the State List items if it is required for the implementation of international agreements or treaties with foreign powers.
    • According to Article 252, if the legislatures of two or more states pass a resolution to the effect that it is desirable to have a parliamentary law on any item listed in the State List, the Parliament can make laws for those states.
  • Executive Functions (Control over the Executive):
    • In the parliamentary form of government, the executive is responsible to the legislature.
    • Hence, the Parliament exercises control over the executive by several measures. 
    • By a vote of no-confidence, the Parliament can remove the Cabinet (executive) out of power.
    • It can reject a budget proposal or any other bill brought by the Cabinet.
    • A motion of no-confidence is passed to remove a government from office.
    • The MPs (Members of Parliament) can ask questions to the ministers on their ommissions and commissions.
    • Any lapses on the part of the government can be exposed in the Parliament.
    • Adjournment Motion:
    • Allowed only in the Lok Sabha, the chief objective of the adjournment motion is to draw the attention of the Parliament to any recent issue of urgent public interest.
    • It is considered an extraordinary tool in Parliament as the normal business is affected.