Constitution Of India (Part 3)

Ministry of Social Justice and Empowerment work

The Ministry of Social Justice and Empowerment co-ordinates all activities relating to the SCs

1987, national commission for sc & st

In 1987, the Government (through another Resolution) modified the functions of the Commission and renamed it as the National Commission for SCs and STs (It was made as a National Level Advisory Body to advise the Government on broad policy issues and levels of development of SCs and STs)

if member appointed as a chairmen of upsc: tenure

When a member of UPSC is appointed as its chairman, he holds the new office for six years or until the age of superannuation, whichever is earlier.

highest law officer in the state

(Article 165) has provided for the office of the advocate general for the states. He is the highest law officer in the state. Thus he corresponds to the Attorney General of India

FUNCTIONS OF THE National commission for ST

(a) To investigate and monitor all matters relating to the constitutional and other legal safeguards for the STs and to evaluate their working; (b) To inquire into specific complaints with respect to the deprivation of rights and safeguards of the STs; (c) To participate and advise on the planning process of socio-economic development of the STs and to evaluate the progress of their development under the Union or a state; (d) To present to the President, annually and at such other times as it may deem fit, reports upon the working of those safeguards; (e) To make recommendations as to the measures that should be taken by the Union or a state for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the STs; and (f) To discharge such other functions in relation to the protection, welfare and development and advancement of the STs as the President may specify

matters are kept outside the functional jurisdiction of the SPSC.

(a) While making reservations of appointments or posts in favour of any backward class of citizens. (b) While taking into consideration the claims of scheduled castes and scheduled tribes in making appointments to services and posts.

The president has assigned the following duties to the AG:

1. To appear on behalf of the Government of India in all cases in the Supreme Court in which the Government of India is concerned. 2. To represent the Government of India in any reference made by the president to the Supreme Court under Article 143 of the Constitution. 3. To appear (when required by the Government of India) in any high court in any case in which the Government of India is concerned.

Objectives of Special Officer for Linguistic Minorities

1. To provide equal opportunities to the linguistic minorities for inclusive development and national integration 2. To spread awareness amongst the linguistic minorities about the safeguards available to them 3. To ensure effective implementation of the safeguards provided for the linguistic minorities in the Constitution and other safeguards, which are agreed to by the states / U.T.s 4. To handle the representations for redress of grievances related to the safeguards for linguistic minorities

(Article 279

11. CAG ascertains and certifies the net proceeds of any tax or duty (Article 279). His certificate is final. The 'net proceeds' means the proceeds of a tax or a duty minus the cost of collection.

compilation and maintenance of accounts of the Central Government

13. He compiles and maintains the accounts of state governments. In 1976, he was relieved of his responsibilities with regard to the compilation and maintenance of accounts of the Central Government due to the separation of accounts from audit, that is, departmentalisation of accounts

Articles Related to CAG

148. Comptroller and Auditor-General of India 149. Duties and powers of the Comptroller and Auditor-General 150. Form of accounts of the Union and of the States 151. Audit reports

Articles Related to Advocate-General of the state

165. Advocate-General of the State 177. Rights of Advocate-General as respects the Houses of State Legislature and its Committee 194. Powers, privileges and immunities of Advocate-General

States Reorganisation Commission

1953-55

7th C A

1956 1) abolished the existing classification of states into four category i.e., Part A ,B,C,D states and reorganised them into 14 states and 6 UT\ 2) extended the jurisdiction of high court to UT 3) establishment of common high court for two or more states 4) appointment of additional and acting judges of the HC

Special Officer for Linguistic Minorities was created in

1957. He is designated as the Commissioner for Linguistic Minorities.

15th C A

1963 1. enable the HC to issue writs to any person or authority even outside its territorial jurisdiction if the cause of action arise within its territorial limits 2. increased the retirement age of HC from 60 to 62 yrs 3. appointment of retired judges of the high court as acting judges of the same court 4. compensatory allowance to judges who are transferred from one HC to Another 5. retired judge of HC to act as a adhoc judge of the SC 6. provided for the procedure for determining the age of the SC & HC judges

Code of Criminal Procedure

1973

41 C A

1976 Revisedre the retirement age of member of spsc and jpsc from 60 to 62 years

Ministry of Personnel, Public Grievances and Pensions

1985, a new full-fledged Ministry of Personnel, Public Grievances and Pensions was created with three separate departments. These are Department of Personnel and Training, Department of Administrative Reforms and Public Grievances, and Department of Pensions and Pensioners' Welfare.

Prevention of Corruption Act,

1988

65th Constitutional Amendment Act

1990 provide for the estd of a multi member national commission for SC & ST in the special officer for SCs & STs

Central Vigilance Commission Act

2003

National Commission for the Scheduled Tribes (Specification of Other Functions) Rules,.

2005

89th Constitutional Amendment Act

2005 This Act further amended Article 338 and inserted a new Article 338-A in the Constitution. bifurcated the erstwhile combined National Commission for SC and ST into two separate bodies, National commission for SC(article 338) national commission for ST(article 338-A) both the commission consist of a Chairperson, Vice-Chairperson & 3 other members they are appointed by the President

Articles Related to Constitutional Bodies at a Glance

76.--- Attorney-General of India 148. ---Comptroller and Auditor-General of India 165. ---Advocate-General of the State 243-I.--- State Finance Commission 243-K.--- State Election Commission 243 ZD. ---District Planning Committee 243 ZE.--- Metropolitan Planning Committee 263. -----Inter-State Council 280. -----Finance Commission 307. -----Inter-State Trade and Commerce Commission 315.----- Union Public Service Commission and State Public Service Commission 324. ----Election Commission 338.---- National Commission for Scheduled Castes 338 A.------ National Commission for Scheduled Tribes 339.----- Scheduled Areas and Scheduled Tribes Commission 340. -----Backward Classes Commission 344.----- Official Language Commission and Official Language Committee of Parliament 350 B. ---- Special Officer for Linguistic Minorities

(Article 150).

8.CAG advises the President with regard to prescription of the form in which the accounts of the Centre and the states shall be kept

linguistic group

A linguistic minority is a group of people whose mother tongue is different from that of the majority in the state or part of a state. Thus, the linguistic minorities are determined on a state-wise basis.

linguistic minorities Article

ARTICLE 350-B part 17(official language) 7 C A 1956

Appropriation Acts (Repeal) Act, 2016

An Appropriation Act in India is an act of Parliament which allows the withdrawal of funds from Consolidated Fund of India or Consolidated Funds of States (in case of state budgets). Similarly, the Finance Act of Central Government gives effect to the taxation proposals in the beginning of every financial year. For taxation proposals at state levels, State Finance Acts are enacted every year Constitution says that no money shall be withdrawn from the consolidated fund of India except under the appropriation made by law. Thus, the Appropriation Bill authorizes the amount which can be drawn out of the Consolidated Fund of India for meeting the expenditures. This bill is required to be passed for votable as well as non-votable expenditures and also any vote on account. kindly note that once the Lok Sabha has passed the Appropriation Bill, no amendments in its amounts can be proposed in either house of Parliament. Once the bill gets President's assent, it becomes Appropriation Act.Once the bill gets President's assent, it becomes Appropriation Act.

Special Officer for Linguistic Minorities summbit reports to

At the Central level, the Commissioner falls under the Ministry of Minority Affairs. he submits the annual reports or other reports to the President through the Union Minority Affairs Minister

(Article 151).

CAG submits his audit reports relating to the accounts of the Centre to President, who shall, in turn, place them before both the Houses of Parliament 10. He submits his audit reports relating to the accounts of a state to governor, who shall, in turn, place them before the state legislature

office of the Attorney General be merged with the office of the law minister

During the prime ministership of Jawaharlal Nehru, a proposal was put forward by the Central government that the office of the Attorney General be merged with the office of the law minister. It did not materialise.

function of Special Officer for Linguistic Minorities

Functions 1. To investigate all matters related to safeguards provided to the linguistic minorities 2. To submit to the President of India, the reports on the status of implementation of the Constitutional and the nationally agreed safeguards for the linguistic minorities 3. To monitor the implementation of safeguards through questionnaires, visits, conferences, seminars, meetings, review mechanism, etc

representation of CAG in parliament

Further, no minister can represent the CAG in Parliament (both Houses) and no minister can be called upon to take any responsibility for any actions done by him.

1978 w r t commission for SC/ST

Government (through a Resolution) set up a non-statutory multi-member Commission for SCs and STs; the Office of Commissioner for SCs and STs also continued to exist.

Audit Board

In 1968, an Audit Board was established as a part of the office of CAG to associate outside specialists and experts to handle the technical aspects of audit of specialised enterprises like engineering, iron and steel, chemicals and so on. This board was established on the recommendations of the Administrative Reforms Commission of India. It consists of a Chairman and two members appointed by the CAG.

new Ministry of Tribal Affairs was created in

In 1999, a new Ministry of Tribal Affairs was created to provide a sharp focus to the welfare and development of the STs. It was felt necessary that the Ministry of Tribal Affairs should co-ordinate all activities relating to the STs as it would not be administratively feasible for the Ministry of Social Justice and Empowerment to perform this role

propriety audit, of CAG

In addition to this legal and regulatory audit, the CAG can also conduct the propriety audit, that is, he can look into the 'wisdom, faithfulness and economy' of government expenditure and comment on the wastefulness and extravagance of such expenditure. However, unlike the legal and regulatory audit, which is obligatory on the part of the CAG, the propriety audit is discretionary.

specification of special officer for linguistic minorities

It must be noted here that the Constitution does not specify the qualifications, tenure, salaries and allowances, service conditions and procedure for removal of the Special Officer for Linguistic Minorities.

POWERS OF THE National COMMISSION for SC

Jkm (1) The Commission is vested with the power to regulate its own procedure. (2) The Commission, while investigating any matter or inquiring into any complaint, has all the powers of a CIVIL COURT trying a suit and in particular in respect of the following matters: (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record from any court or office; (e) issuing summons for the examination of witnesses and documents; and (f) any other matter which the President may determine. The Central govt and the state governments are required to consult the Commission on all major policy matters affecting the SCs. The Commission is also required to discharge similar functions with regard to the other backward classes (OBCs) and the Anglo-Indian Community as it does with respect to the SCs. In other words, the Commission has to investigate all matters relating to the constitutional and other legal safeguards for the OBCs and the Anglo-Indian Community and report to the President upon their working

Article 338

National Commission for Scheduled Castes constitutional body part 16(special provision relating to certain classes)

Article 338-A

National Commission for Scheduled Tribes (STs)

other national commissions

National Commission for Women (1992), National Commission for Minorities (1993) National Commission for Backward Classes (1993), National Human Rights Commission (1993) National Commission for Protection of Child Rights (2007) are statutory bodies in the sense that they are established by acts of the Parliament

earlier age of member of spsc

Originally, it was 60 years. The 41st Amendment Act of 1976 raised it to 62 years.

SPSC Rules

SPSC (Exemption from consultation) Regulations

CAG submits report to

The CAG submits three audit reports to the President— audit report on appropriation accounts, audit report on finance accounts, and audit report on public undertakings. The President lays these reports before both the Houses of Parliament. After this, the Public Accounts Committee examines them and reports its findings to the Parliament

composition of Special Officer for Linguistic Minorities

The Commissioner is assisted at headquarters by Deputy Commissioner and an Assistant Commissioner. regional office is headed by an Assistant Commissioner. He maintains liaison with the State Governments and Union Territories through nodal officers appointed by them.

Vision of The Election Commission of India

The Election Commission of India strives to be an Institution of Excellence by enhancing active engagement, participation; and deepening and strengthening electoral democracy in India and globally.

consult the SPSC-- the provision is directory and not mandatory

The Supreme Court has held that if the government fails to consult the SPSC in these matters, the aggrieved public servant has no remedy in a court. In other words, the court held that any irregularity in consultation with the SPSC or acting without consultation does not invalidate the decision of the government. Thus, the provision is directory and not mandatory. ---------------------------------- court held that a selection by the SPSC does not confer any right to the post upon the candidate. However, the government is to act fairly and without arbitrariness or malafides.

jurisdiction of SPSC can be extended by an Act made by the state legislature.

The additional functions relating to the services of the state can be conferred on SPSC by the state legislature. It can also place the personnel system of any local authority, corporate body or public institution within the jurisdiction of the SPSC. Hence the jurisdiction of SPSC can be extended by an Act made by the state legislature

tenure & qualification & removal of JSPSC

The chairman and members of a JSPSC are appointed by the president. They hold office for a term of six years or until they attain the age of 62 years, whichever is earlier. They can be suspended or removed by the president. They can also resign from their offices at any time by submitting their resignation letters to the president.

limitation of CAG

The secret service expenditure is a limitation on the auditing role of the CAG. In this regard, the CAG cannot call for particulars of expenditure incurred by the executive agencies, but has to accept a certificate from the competent administrative authority that the expenditure has been so incurred under his authority.

composition of national commission for ST

The separate National Commission for STs came into existence in 2004. It consists of a chairperson, a vice-chairperson and three other members. They are appointed by the President by warrant under his hand and seal. Their conditions of service and tenure of office(3 yrs) are also determined by the President

removal of Attorney General

The term of office of the AG is not fixed by the Constitution. Further, the Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the president. This means that he may be removed by the president at any time. He may also quit his office by submitting his resignation to the president. Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice.

Difference between Appropriation and Finance Bills / Acts

While Appropriation act legalizes the expenditure side of the budget, Finance act legalizes the income side (Taxes) of budget. While no amendments can be moved or passed in case of appropriation bill, amendments seeking to reject or reduce a tax can be moved in the case of finance bill The appropriation accounts compare the actual expenditure with the expenditure sanctioned by the Parliament through the Appropriation Act, while the finance accounts show the annual receipts and disbursements of the Union government.

Originally, Article 338 of the Constitution provided

appointment of a Special Officer for Scheduled Castes (SCs) and Scheduled Tribes (STs) to investigate all matters relating to the constitutional safeguards for the SCs and STs and to report to the President on their working He was designated as the Commissioner for SCs and STs and assigned the said duty.

89th Constitutional Amendment Act of 2003

bifurcated the combined National Commission for SCs and STs into two separate bodies, namely, National Commission for Scheduled Castes (under Article 338) and National Commission for Scheduled Tribes (under Article 338-A)

65th Constitutional Amendment Act of 1990

establishment of a high level multi-member National Commission for SCs and STs in the place of a single Special Officer for SCs and STs. This constitutional body replaced the Commissioner for SCs and STs as well as the Commission set up under the Resolution of 1987.

Special Officer for Linguistic Minorities- Hq & regional office

headquarters- Allahabad (Uttar Pradesh). 3 regional offices at Belgaum (Karnataka), Chennai (Tamil Nadu) and Kolkata (West Bengal). Each is headed by an Assistant Commissioner.

Article 350- B

jkm 1. There should be a Special Officer for Linguistic Minorities. He is to be appointed by the President of India. 2. It would be the duty of the Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution 3. He would report to the President upon those matters at such intervals as the President may direct. The President should place all such reports before each House of Parliament and send to the governments of the states concerned.

about CAG

jkm Article 148 - provides for an independent office of the Comptroller and Auditor General of India He is the head of the Indian Audit and Accounts Department(created in 1753) guardian of the public purse and controls the entire financial system of the country at both the levels—the Centre and the state His duty is to uphold the Constitution of India and laws of Parliament in the field of financial administration

Article 149

jkm Authorises the Parliament to prescribe the duties and powers of the CAG in relation to the accounts of the Union and of the states and of any other authority or body. Accordingly, the Parliament enacted the CAG's (Duties, Powers and Conditions of Service) act, 1971. This Act was amended in 1976 to separate accounts from audit in the Central government.

Powers of advocate general of the state w r t parliament

jkm In the performance of his official duties, the advocate general is entitled to appear before any court of law within the state. Further, he has the right to speak and to take part in the proceedings of both the Houses of the state legislature or any committee of the state legislature of which he may be named a member, but without a right to vote. He enjoys all the privileges and immunities that are available to a member of the state legislature.

APPOINTMENT AND TERM of CAG

jkm The CAG is appointed by the president of India by a warrant under his hand and seal. He holds office for a period of 6 years or upto the age of 65 years, whichever is earlier

governor's power to regulate SPSC

jkm The governor can exclude posts, services and matters from the purview of the SPSC. The Constitution states that the governor, in respect to the state services and posts may make regulations specifying the matters in which, it shall not be necessary for SPSC to be consulted. But all such regulations made by the governor shall be laid before each House of the state legislature for at least 14 days. The state legislature can amend or repeal them.

Removal Of CAG

jkm (1) He can resign any time from his office by addressing the resignation letter to the president. (2) He can also be removed by the president on same grounds and in the same manner as a judge of the Supreme Court. In other words, he can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity.

Rights of Attorney General Of Indioa

jkm (1) In the performance of his official duties, the Attorney General has the right of audience in all courts in the territory of India. Further, he has the right to speak and to take part in the proceedings of both the Houses of Parliament or their joint sitting and any committee of the Parliament of which he may be named a member, but without a right to vote. He enjoys all the privileges and immunities that are available to a member of Parliament.

APPLEBY'S CRITICISM w r t CAG

jkm (1) Paul H Appleby, in his two reports on Indian Administration, was very critical of the role of CAG and attacked the significance of his work. He also suggested that the CAG should be relieved of the responsibility of audit. In other words, he recommended the abolition of the office of CAG. His points of criticism of Indian audit are as follows: 1. The function of the CAG in India, is in a large measure, an inheritance from the colonial rule. 2. The CAG is today a primary cause of widespread and paralysing unwillingness to decide and to act. Auditing has a repressive and negative influence. 3. The Parliament has a greatly exaggerated notion of the importance of auditing to Parliamentary responsibility, and so has failed to define the functions of the CAG as the Constitution contemplated it would do. 4. The CAG's function is not really a very important one. Auditors do not know and cannot be expected to know very much about good administration; their prestige is highest with others who do not know much about administration. 5. Auditors know what is auditing, which is not administration; it is a necessary, but a highly pedestrian function with a narrow perspective and a very limited usefulness. 6. A deputy secretary in the department knows more about the problems in his department than the CAG and his entire staff.

VISION of Special Officer for Linguistic Minorities

jkm (1) Streamlining and strengthening implementation machinery and mechanism for effective implementation of the Constitutional safeguards for the Linguistic Minorities, there by ensuring protection of the rights of speakers of the minority languages so as to provide them equal opportunities for inclusive and integrated development.

ROLE of Special Officer for Linguistic Minorities

jkm (1) The Commissioner takes up all the matters pertaining to the grievances arising out of the non-implementation of the Constitutional and Nationally Agreed Scheme of Safeguards provided to linguistic minorities that come to its notice or are brought to its knowledge by the linguistic minority individuals, groups, associations or organisations at the highest political and administrative levels of the state governments and UT administrations and recommends remedial actions to be taken. (2) To promote and preserve linguistic minority groups, the Ministry of Minority Affairs has requested the State Governments / Union Territories to give wide publicity to the constitutional safeguards provided to linguistic minorities and to take necessary administrative measures. (3) The state governments and UT Administrations were urged to accord priority to the implementation of the scheme of safeguards for linguistic minorities (4) The Commissioner launched a 10 point programme to lend fresh impetus to Governmental efforts towards the preservation of the language and culture of linguistic minorities

REPORT OF THE national COMMISSION for SC

jkm (1) The commission presents an annual report to the president. It can also submit a report as and when it thinks necessary. (2) The President places all such reports before the Parliament, along with a memorandum explaining the action taken on the recommendations made by the Commission. (3) The memorandum should also contain the reasons for the non-acceptance of any of such recommendations . (4) The President also forwards any report of the Commission pertaining to a state government to the state governor. (5) The governor places it before the state legislature, along with a memorandum explaining the action taken on the recommendations of the Commission. (6) The memorandum should also contain the reasons for the non-acceptance of any of such recommendations.

Role of CAG

jkm (1) The role of CAG is to uphold the Constitution of India and the laws of Parliament in the field of financial administration. The accountability of the executive (i.e., council of ministers) to the Parliament in the sphere of financial administration is secured through audit reports of the CAG. The CAG is an agent of the Parliament and conducts audit of expenditure on behalf of the Parliament.Therefore, he is responsible only to the Parliament. The CAG has more freedom with regard to audit of expenditure than with regard to audit of receipts, stores and stock. "Whereas in relation to expenditure he decides the scope of audit and frames his own audit codes and manuals, he has to proceed with the approval of the executive government in relation to rules for the conduct of the other audits." The CAG has 'to ascertain whether money shown in the accounts as having been disbursed was legally available for and applicable to the service or the purpose to which they have been applied or charged and whether the expenditure conforms to the authority that governs it'.

OTHER FUNCTIONS Assigned by President to THE National COMMISSION for ST

jkm In 2005, the President specified the following other functions of the Commission in relation to the protection, welfare and development and advancement of the STs(National Commission for the Scheduled Tribes (Specification of Other Functions) Rules, 2005.) (i) Measures to be taken over conferring ownership rights in respect of minor forest produce to STs living in forest areas (ii) Measures to be taken to safeguard rights of the tribal communities over mineral resources, water resources etc., as per law (iii) Measures to be taken for the development of tribals and to work for more viable livelihood strategies (iv) Measures to be taken to improve the efficacy of relief and rehabilitation measures for tribal groups displaced by development projects (v) Measures to be taken to prevent alienation of tribal people from land and to effectively rehabilitate such people in whose case alienation has already taken place (vi) Measures to be taken to elicit maximum cooperation and involvement of tribal communities for protecting forests and undertaking social afforestation (vii) Measures to be taken to ensure full implementation of the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 (viii) Measures to be taken to reduce and ultimately eliminate the practice of shifting cultivation by tribals that lead to their continuous disempowerment and degradation of land and the environment

SOLICITOR GENERAL OF INDIA

jkm In addition to the AG, there are other law officers of the Government of India. They are the solicitor general of India and additional solicitor general of India. They assist the AG in the fulfilment of his official responsibilities. It should be noted here that only the office of the AG is created by the Constitution. In other words, Article 76 does not mention about the solicitor general and additional solicitor general. The AG is not a member of the Central cabinet. There is a separate law minister in the Central cabinet to look after legal matters at the government level

the president can also remove the chairman or any other member of SPSC for misbehaviour. how

jkm In addition to these, the president can also remove the chairman or any other member of SPSC for misbehaviour. However, in this case, the president has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, the president can remove the chairman or a member. Under the provisions of the Constitution, the advise tendered by the Supreme Court in this regard is binding on the president. However, during the course of enquiry by the Supreme Court, the governor can suspend the concerned chairman or member, pending the final removal order of the president on receipt of the report of the Supreme Court.

FUNCTIONS of SPSC

jkm (a) It conducts examinations for appointments to the services of the state. (b) It is consulted on the following matters related to personnel management: (i) All matters relating to methods of recruitment to civil services and for civil posts. (ii) The principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another. (iii) The suitability of candidates for appointments to civil services and posts; for promotions and transfers from one service to another; and appointments by transfer or deputation. The concerned departments make recommendations for promotions and request the SPSC to ratify them. (iv) All disciplinary matters affecting a person serving under the government of the state in a civil capacity including memorials or petitions relating to such matters. These include: — Censure (severe disapproval) — Withholding of increments — Withholding of promotions — Recovery of pecuniary loss — Reduction to lower service or rank (demotion) — Compulsory retirement — Removal from service — Dismissal from service (v) Any claim for reimbursement of legal expenses incurred by a civil servant in defending legal proceedings instituted against him in respect of acts done in the execution of his official duties. (vi) Any claim for the award of a pension in respect of injuries sustained by a person while serving under the government of the state and any question as to the amount of any such award. (vii) Any other matter related to the personnel management.

The functions of the national Commission for SC are:

jkm (a) To investigate and monitor all matters relating to the constitutional and other legal safeguards for the SCs and to evaluate their working; (b) To inquire into specific complaints with respect to the deprivation of rights and safeguards of the SCs; (c) To participate and advise on the planning process of socio-economic development of the SCs and to evaluate the progress of their development under the Union or a state; (d) To present to the President, annually and at such other times as it may deem fit, reports upon the working of those safeguards; (e) To make recommendations as to the measures that should be taken by the Union or a state for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the SCs; and (f) To discharge such other functions in relation to the protection, welfare and development and advancement of the SCs as the president may specify.

governor can appoint one of the members of the SPSC as an acting chairman in the following two circumstances

jkm (a) When the office of the chairman falls vacant; or (b) When the chairman is unable to perform his functions due to absence or some other reason. The acting chairman functions till the person appointed as chairman enters on the duties of the office or till the chairman is able to resume his duties.

duties and functions of the CAG

jkm 1. He audits the accounts related to all expenditure from the Consolidated Fund of India, consolidated fund of each state and consolidated fund of each union territory having a Legislative Assembly. 2. He audits all expenditure from the Contingency Fund of India and the Public Account of India as well as the contingency fund of each state and the public account of each state. 3. He audits all trading, manufacturing, profit and loss accounts, balance sheets and other subsidiary accounts kept by any department of the Central Government and state governments. 4. He audits the receipts and expenditure of the Centre and each state to satisfy himself that the rules and procedures in that behalf are designed to secure an effective check on the assessment, collection and proper allocation of revenue. 5. He audits the receipts and expenditure of the following: (a) All bodies and authorities substantially financed from the Central or state revenues; (b) Government companies; and (c) Other corporations and bodies, when so required by related laws. 6. He audits all transactions of the Central and state governments related to debt, sinking funds, deposits, advances, suspense accounts and remittance business. He also audits receipts, stock accounts and others, with approval of the President, or when required by the President. 7. He audits the accounts of any other authority when requested by the President or Governor. For example, the audit of local bodies. 8. He advises the President with regard to prescription of the form in which the accounts of the Centre and the states shall be kept (Article 150). 9. He submits his audit reports relating to the accounts of the Centre to President, who shall, in turn, place them before both the Houses of Parliament (Article 151). 10. He submits his audit reports relating to the accounts of a state to governor, who shall, in turn, place them before the state legislature (Article 151). 11. He ascertains and certifies the net proceeds of any tax or duty (Article 279). His certificate is final. The 'net proceeds' means the proceeds of a tax or a duty minus the cost of collection. 12. He acts as a guide, friend and philosopher of the Public Accounts Committee of the Parliament.

The Constitution has made the following provisions to safeguard and ensure the independence of CAG

jkm 1. He is provided with the security of tenure. He can be removed by the president only in accordance with the procedure mentioned in the Constitution. 2. Thus, he does not hold his office till the pleasure of the president, though he is appointed by him. 2. He is not eligible for further office, either under the Government of India or of any state, after he ceases to hold his office. 3. His salary and other service conditions are determined by the Parliament. 3. His salary is equal to that of a judge of the Supreme Court 4. Neither his salary nor his rights in respect of leave of absence, pension or age of retirement can be altered to his disadvantage after his appointment. 5. The conditions of service of persons serving in the Indian Audit and Accounts Department and the administrative powers of the CAG are prescribed by the president after consultation with the CAG. 6. The administrative expenses of the office of the CAG, including all salaries, allowances and pensions of persons serving in that office are charged upon the Consolidated Fund of India. 7. Thus, they are not subject to the vote of Parliament.

DUTIES AND FUNCTIONS of Attorney General

jkm 1. To give advice to the Government of India upon such legal matters, which are referred to him by the president. 2. To perform such other duties of a legal character that are assigned to him by the president. 3. To discharge the functions conferred on him by the Constitution or any other law.

the chief law officer of the government in the state, the duties of the advocate general include the following

jkm 1. To give advice to the government of the state upon such legal matters which are referred to him by the governor. 2. To perform such other duties of a legal character that are assigned to him by the governor. 3. To discharge the functions conferred on him by the Constitution or any other law

Oath OF CAG

jkm 1. to bear true faith and allegiance to the Constitution of India; 2. to uphold the sovereignty and integrity of India; 3. to duly and faithfully and to the best of his ability, knowledge and judgement perform the duties of his office without fear or favour, affection or ill-will; and 4. to uphold the Constitution and the laws.

Articles Related to SPSC at a Glance

jkm 315 ---- Public Service Commissions for the Union and for the states 316 ---- Appointment and term of office of members 317 ---- Removal and suspension of a member of a Public Service Commission 318 ---- Power to make regulations as to conditions of service of members and staff of the Commission 319 ---- Prohibition as to the holding of office by members of commission on ceasing to be such members 320 ---- Functions of Public Service Commissions 321 ---- Power to extend functions of Public Service Commissions 322 ---- Expenses of Public Service Commissions 323 ---- Reports of Public Service Commissions

Pre independence history of UPSC/SPSC/JPSC

jkm Accord to Government of India Act of 1919, a Central Public Service Commission was set up in 1926 and entrusted with the task of recruiting civil servants. The Government of India Act of 1935 provided for the establishment of not only a Federal Public Service Commission but also a Provincial Public Service Commission and Joint Public Service Commission for two or more provinces

Removal Of State PSC

jkm Although the chairman and members of a SPSC are appointed by the governor, they can be removed only by the president (and not by the governor). The president can remove them on the same grounds and in the same manner as he can remove a chairman or a member of the UPSC. Thus, he can remove him under the following circumstances: (a) If he is adjudged an insolvent (i.e., has gone bankrupt); or (b) If he engages, during his term of office, in any paid employment outside the duties of his office; or (c) If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body

LIMITATIONS of Attorney General

jkm Following limitations are placed on the Attorney General in order to avoid any complication and conflict of duty: 1. He should not advise or hold a brief against the Government of India. 2. He should not advise or hold a brief in cases in which he is called upon to advise or appear for the Government of India. 3. He should not defend accused persons in criminal prosecutions without the permission of the Government of India. 4. He should not accept appointment as a director in any company or corporation without the permission of the Government of India. However, the Attorney General is not a full-time counsel for the Government. He does not fall in the category of government servants. Further, he is not debarred from private legal practice

APPOINTMENT AND TERM of Attorney General (AG)

jkm The Attorney General (AG) is appointed by the president. He must be a person who is qualified to be appointed a judge of the Supreme Court. In other words, he must be a citizen of India and he must have been a judge of some high court for 5 years or an advocate of some high court for 10 years or an eminent jurist, in the opinion of the president. The remuneration of the AG is not fixed by the Constitution. He receives such remuneration as the president may determine.

POWERS OF THE national COMMISSION for ST

jkm The Commission is vested with the power to regulate its own procedure The Commission, while investigating any matter or inquiring into any complaint, has all the powers of a civil court trying a suit and in particular in respect of the following matters: (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record from any court or office; (e) issuing summons for the examination of witnesses and documents; and (f) any other matter which the President may determine. The Central government and the state governments are required to consult the Commission on all major policy matters affecting the STs

REPORTs OF THE national COMMISSION for ST

jkm The Commission presents an annual report to the President. It can also submit a report as and when it thinks necessary. The President places all such reports before the Parliament, along with a memorandum explaining the action taken on the recommendations made by the Commission. The memorandum should also contain the reasons for the non-acceptance of any of such recommendations The President also forwards any report of the Commission pertaining to a state government to the state governor. The governor places it before the state legislature, along with a memorandum explaining the action taken on the recommendations of the Commission. The memorandum should also contain the reasons for the non-acceptance of any of such recommendations.

tenure of State PSC

jkm The Constitution also authorises the governor to determine the conditions of service of the chairman and members of the Commission. The chairman and members of the Commission hold office for a term of 6 years or until they attain the age of 62 years, whichever is earlier (in the case of UPSC, the age limit is 65 years). However, they can relinquish their offices at any time by addressing their resignation to the governor.

JOINT STATE PUBLIC SERVICE COMMISSION

jkm The Constitution makes a provision for the establishment of a Joint State Public Service Commission (JSPSC) for two or more states. While the UPSC and the SPSC are created directly by the Constitution, a JSPSC can be created by an act of Parliament on the request of the state legislatures concerned. Thus, a JSPSC is a statutory and not a constitutional body. The two states of Punjab and Haryana had a JSPSC for a short period, after the creation of Haryana out of Punjab in 1966. The number of members of a JSPSC and their conditions of service are determined by the president. A JSPSC presents its annual performance report to each of the concerned state governors. Each governor places the report before the state legislature. The UPSC can also serve the needs of a state on the request of the state governor and with the approval of the president.

Role Contrary to its name CAG

jkm The Constitution of India visualises the CAG to be Comptroller as well as Auditor General. However, in practice, the CAG is fulfilling the role of an Auditor-General only and not that of a Comptroller. In other words, 'the CAG has no control over the issue of money from the consolidated fund and many departments are authorised to draw money by issuing cheques without specific authority from the CAG, who is concerned only at the audit stage when the expenditure has already taken place'. In this respect, the CAG of India differs totally from the CAG of Britain who has powers of both Comptroller as well as Auditor General. In other words, in Britain, the executive can draw money from the public exchequer only with the approval of the CAG.

Constitution has also defined the term 'misbehaviour' in the SPSC contex

jkm The Constitution states that the chairman or any other member of a SPSC is deemed to be guilty of misbehaviour, if he (a) is concerned or interested in any contract or agreement made by the Government of India or the government of a state, or (b) participates in any way in the profit of such contract or agreement or in any benefit therefrom otherwise than as a member and in common with other members of an incorporated company

Role of SPSC

jkm The Constitution visualises the SPSC to be the 'watchdog of merit system' in the state. It is concerned with the recruitment to the state services and advises the government, when consulted, on promotion and disciplinary matters. It is not concerned with the classification of services, pay and service conditions, cadre management, training and so on. These matters are handled by the Department of Personnel or the General Administration Department. Therefore, the SPSC is only a central recruiting agency in the state while the Department of Personnel or the General Administration Department is the central personnel agency in the state.

SPSC report to

jkm The SPSC presents, annually, to the governor a report on its performance. The governor places this report before both the Houses of the state legislature, along with a memorandum explaining the cases where the advice of the Commission was not accepted and the reasons for such non acceptance.

quallification advocate of General of India

jkm The advocate general is appointed by the governor. He must be a person who is qualified to be appointed a judge of a high court. In other words, he must be a citizen of India and must have held a judicial office for 10 years or been an advocate of a high court for 10 years Unlike the Supreme Court, the Constitution makes no provision for appointment of an eminent jurist as a judge of high court..

remuneration of the advocate general

jkm The remuneration of the advocate general is not fixed by the Constitution. He receives such remuneration as the governor may determine.

CAG AND CORPORATIONS

jkm The role of CAG in the auditing of public corporations is limited. Broadly speaking, his relationship with the public corporations falls into the following three categories: (i) Some corporations are audited totally and directly by the CAG, e.g., Damodar Valley Corporation, Oil and Natural Gas Commission, Air India, Indian Airlines Corporation, and others. (ii) Some other corporations are audited by private professional auditors who are appointed by the Central Government in consultation with the CAG. If necessary, the CAG can conduct supplementary audit. The examples are, Central Warehousing Corporation, Industrial Finance Corporation, and others. (iii) Some other corporations are totally subjected to private audit. In other words, their audit is done exclusively by private professional auditors and the CAG does not come into the picture at all. They submit their annual reports and accounts directly to the Parliament. Examples of such corporations are Life Insurance Corporation of India, Reserve Bank of India, State Bank of India, Food Corporation of India, and others.

Advisory Role of SPSC

jkm The role of SPSC is not only limited, but also recommendations made by it are only of advisory nature and hence, not binding on the government. It is up to the state government to accept or reject that advice. The only safeguard is the answerability of the government to the state legislature for departing from the recommendation of the Commission. Further, the government can also make rules which regulate the scope of the advisory functions of SPSC

role of the CAG in the auditing of Government companies

jkm The role of the CAG in the auditing of Government companies is also limited. They are audited by private auditors who are appointed by the Government on the advise of the CAG. The CAG can also undertake supplementary audit or test audit of such companies.

removal of advocate general ofindia

jkm The term of office of the advocate general is not fixed by the Constitution. Further, the Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the governor. This means that he may be removed by the governor at any time. He may also quit his office by submitting his resignation to the governor. Conventionally, he resigns when the government (council of ministers) resigns or is replaced, as he is appointed on its advice.

mission of Special Officer for Linguistic Minorities

jkm To ensure that all the states / U.T.s effectively implement the Constitutional safeguards and the nationally agreed scheme of safeguards for the linguistic minorities for providing them equal opportunities for inclusive development.

COMPOSITION of State Public Service Commission

jkm chairman and other members appointed by the governor of the state. The Constitution does not specify the strength of the Commission but has left the matter to the discretion of the Governor

SVC & SPSC

jkm the emergence of State Vigilance Commission (SVC) in 1964 affected the role of SPSC in disciplinary matters. This is because both are consulted by the government while taking disciplinary action against a civil servant. The problem arises when the two bodies tender conflicting advice. However, the SPSC, being an independent constitutional body, has an edge over the SVC. Finally, the SPSC is consulted by the governor while framing rules for appointment to judicial service of the state other than the posts of district judges. In this regard, the concerned state high court is also consulted.

Constitution has made the following provisions to safeguard and ensure the independent and impartial functioning of a SPSC:

jkm' (a) The chairman or a member of a SPSC can be removed from office by the president only in the manner and on the grounds mentioned in the Constitution. Therefore, they enjoy the security of tenure. (b) The conditions of service of the chairman or a member, though determined by the governor, cannot be varied to his disadvantage after his appointment. (c) The entire expense including the salaries, allowances and pensions of the chairman and members of a SPSC are charged on the consolidated fund of the state. Thus, they are not subject to vote of the state legislature. (d) The chairman of a SPSC (on ceasing to hold office) is eligible for appointment as the chairman or a member of the UPSC or as the chairman of any other SPSC, but not for any other employment under the Government of India or a state. (e) A member of a SPSC (on ceasing to hold office) is eligible for appointment as the chairman or a member of the UPSC, or as the chairman of that SPSC or any other SPSC, but not for any other employment under the Government of India or a state. (f) The chairman or a member of a SPSC is (after having completed his first term) not eligible for reappointment to that office (that is, not eligible for second term)

objective of National Commission for STs

monitoring all the safeguards provided for the SCs and STs under the Constitution or other laws

qualifications of state PSC

no qualifications are prescribed for the commission's membership except that one-half of the members of the commission should be such persons who have held office for at least 10 years either under the government of India or under the Government of a state.

(Article 76)

provided for the office of the Attorney General for India. He is the highest law officer in the country

Finance Commission Act,

1951

1993, the Supreme Court ruled w r t removal of member of SPSC

1993, the Supreme Court ruled that appointment of a university professor (known to be blind) as a member of a SPSC cannot be set aside on the ground of infirmity of body or mind.

Article 324

(1) Superintendence, direction and control of electionsof elections to parliament, state legislatures, the office of president of India and the office of vice president of India shall be vested in an Election Commission. election commission is not concerned with the elections to panchayats and muncipalities in the states

composition of national commission for sc

(1) The separate National Commission for SCs came into existence in 2004. (2) It consists of a chairperson, a vice-chairperson and 3 other members. (3) They are appointed by the President by warrant under his hand and seal. (4) Their conditions of service and tenure of office are also determined by the President(under the rule they hold office for 3 yrs).

tenure of upsc members/chairmen

(6) The chairman and members of the Commission hold office for a term of 6 years/ age 65 years, whichever is earlier.

institutional devices have been created in different parts of the world to deal with the redressal of these grievances:

1. The Ombudsman System 2. The Administrative Courts System 3. The Procurator System

Commissions of Inquiry Act,

1952

Article 322

Expenses of Public Service Commissions

Article 321

Power to extend functions of Public Service Commissions

16. LOKPAL AND LOKAYUKTAS ACT 2013 contains a number of provisions aimed at strengthening the CBI such as

jdm (i) setting up of a Directorate of Prosecution headed by a Director of Prosecution under the overall control of the Director of CBI; (ii) appointment of the Director of Prosecution on the recommendation of the CVC; (iii) maintenance of a panel of advocates by CBI other than Government advocates with the consent of the Lokpal for handling Lokpal-referred cases; (iv) transfer of officers of CBI investigating cases referred by Lokpal with the approval of Lokpal; (v) provision of adequate funds to CBI for investigating cases referred by Lokpal.

right to the post in UPSC

jkm the court held that a selection by the UPSC does not confer any right to the post upon the candidate. However, the government is to act fairly and without arbitrariness or malafides.

LOKAYUKTAS before 2013

jkm (1) Even much before the enactment of the Lokpal and Lokayuktas Act (2013) itself, many states had already set up the institution of Lokayuktas. (2) It must be noted here that the institution of lokayukta was established first in Maharashtra in 1971. Although Odisha had passed the Act in this regard in 1970, it came into force only in 1983. Till 2013, 21 states and 1 Union Territory (Delhi) have established the institution of Lokyuktas.

Election Commission-- some flaws

jkm 1. The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the Election Commission. 2. The Constitution has not specified the term of the members of the Election Commission. 3. The Constitution has not debarred the retiring election commissioners from any further appointment by the government.

report of finance commission

jkm The commission submits its report to the president. He lays it before both the Houses of Parliament along with an explanatory memorandum as to the action taken on its recommendations.

Composition of Finance Commission

jkm' (1) The Finance Commission consists of a chairman and 4 other members to be appointed by the president. (1+4) (2) They hold office for such period as specified by the president in his order. (3) They are eligible for reappointment.

article 281

Recommendations of the Finance Commission

jurisdiction of UPSC can be extended by an act made by the Parliament

jkm the additional functions relating to the services of the Union can be conferred on UPSC by the Parliament. It can also place the personnel system of any authority, corporate body or public institution within the jurisdictionof the UPSC. Hence the jurisdiction of UPSC can be extended by an act made by the Parliament

UPSC (Exemption From Consultation) Regulations.

the government can also make rules which regulate the scope of the advisory functions of UPSC

institution of Ombudsman was first created

Sweden in 1809 Ombud' is a Swedish term and refers to a person who acts as the representative or spokesman of another person According to Donald C. Rowat, Ombudsman refers to "an officer appointed by the legislature to handle complaints against administrative and judicial action."

tenure of lokayukta

jkm (1) In most of the states, the term of office fixed for lokayukta is of 5 years duration or 65 years of age, whichever is earlier. He is not eligible for reappointment for a second term.

Chairmen Of finance commission(1982- 2020)

Finance Commission --Chairman --Appointed in ---Submitted Report in-- Period of implementation of Report Eighth Y.B. Chavan 1982 1984 1984-89 Ninth N.K.P. Salve 1987 1989 1989-95 Tenth K.C. Pant 1992 1994 1995-2000 Eleventh A.M. Khusro 1998 2000 2000-2005 Twelfth Dr. C. Rangarajan 2002 2004 2005-2010 Thirteenth Dr. Vijay Kelkar 2007 2009 2010-2015 Fourteenth Y.V. Reddy 2013 2014 2015-2020

Article 320

Functions of Public Service Commissions

qualifications of lokayukta

Judicial qualifications are prescribed for the lokayukta in the States of Uttar Pradesh, Himachal Pradesh, Andhra Pradesh, Gujarat, Orissa, Karnataka and Assam. But no specific qualifications are prescribed in the states of Bihar, Maharashtra and Rajasthan.

Article 318

Power to make regulations as to conditions of service of members and staff of the Commission

Lokpal and Lokayuktas Act (2013) article 1-10

Preliminary 1. Short title, extent, application and commencement Definitions 2. Definitions Establishment of Lokpal 3. Establishment of Lokpal 4. Appointment of Chairperson and Members on recommendations of Selection Committee 5. Filling of vacancies of Chairperson or Members 6. Term of office of Chairperson and Members 7. Salary, allowances and other conditions of service of Chairperson and Members 8. Restriction on employment by Chairperson and Members after ceasing to hold office 9. Member to act as Chairperson or to discharge his function in certain circumstances 10. Secretary, other officers and staff of Lokpal

Article 315

Public Service Commissions for the Union and for the states

Appointment of lokayukta

The lokayukta and upalokayukta are appointed by the governor of the state. While appointing, the governor in most of the states consults (a) the chief justice of the state high court, and (b) the leader of Opposition in the state legislative assembly

posts, services and matters w r t UPSC. prez regulations

The president can exclude posts, services and matters from the purview of the UPSC. The Constitution states that the president, in respect to the all-India services and Central services and posts may make regulations specifying the matters in which, it shall not be necessary for UPSC to be consulted. But all such regulations made by the president shall be laid before each House of Parliament for at least 14 days. The Parliament can amend or repeal them.

UPSC Articles

article 315-323 part 14(308-323)

qualification of chairmen of finance commission

jkm The Constitution authorises the Parliament to determine the qualifications of members of the commission and the manner in which they should be selected. Accordingly, the Parliament has specified the qualifications of the chairman and members of the commission(Finance Commission Act, 1951.) The chairman should be a person having experience in public affairs

article 280

provides for a Finance Commission as a quasi judicial body. It is constituted by the president of India every 5th year or at such earlier time as he considers necessary

Article 317

Removal and suspension of a member of a Public Service Commission

Article 323

Reports of Public Service Commissions

grants=share of the net proceeds in each year of export duty on jute and jute products by Finance commission

(5) Till 1960, the commission also suggested the grants given to the States of Assam, Bihar, Odisha and West Bengal in lieu of assignment of any share of the net proceeds in each year of export duty on jute and jute products. These grants were to be given for a temporary period of 10 years from the commencement of the Constitution.

timeline for inquiry, investigation & trial under LOKPAL AND LOKAYUKTAS ACT (2013)

11. It lays down clear timelines. For preliminary enquiry, it is 3 months extendable by 3 months. For investigation, it is 6 months which may be extended by 6 months at a time. For trial, it is 1 year extendable by 1 year and to achieve this, special courts to be set up. 12. It enhances maximum punishment under the Prevention of Corruption Act from 7 years to 10 years. The minimum punishment under sections 7, 8, 9 and 12 of the Prevention of Corruption Act will now be 3 years, and the minimum punishment under section 15 (punishment for attempt) will now be 2 years.

15th CA

1963 1. enabled the HC to issue writs to any person or authority even outside its territorial jurisdiction if the cause of action arises within its territorial limit 2. retirement age of HC judge - 60 to 62 yrs 3. appointment of retired judge of HC as acting judge of the same court 4. compensatory allowances to judge transferred from one HC to other 5. retired judge of HC to act as a ad-hoc judge of SC

(9) The President can appoint one of the members of the UPSC as an acting chairman in the following two circumstances1 :

(a) When the office of the chairman falls vacant; or (b) When the chairman is unable to perform his functions due to absence or some other reason. The acting chairman functions till a person appointed as chairman enters on the duties of the office or till the chairman is able to resume his duties.

drawbacks (shortcomings) of the Lokpal and Lokayuktas Act, 2013

1. Lokpal cannot suo motu proceed against any public servant. 2. Emphasis on form of complaint rather than substance. 3. Heavy punishment for false and frivolous complaints against public servants may deter complaints being filed to Lokpal. 4. Anonymous complaints not allowed - Can't just make a complaint on plain paper and drop it in a box with supporting documents. 5. Legal assistance to public servant against whom complaint is filed. 6. Limitation period of 7 years to file complaints. 7. Very non-transparent procedure for dealing with complaints against the PM.

article 324

1. The Election Commission shall consist of the chief election commissioner and such number of other election commissioners, if any, as the president may from time to time fix. 2. The appointment of the chief election commissioner and other election commissioners shall be made by the president. 3. When any other election commissioner is so appointed, the chief election commissioner shall act as the chairman of the election commission. 4. The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission. 5. The conditions of service and tenure of office of the election commissioners and the regional commissioners shall be determined by the president.

A R Kidwai, a former Chairman of UPSC Case

In 1979, the Supreme Court upheld the validity of appointment of A R Kidwai, a former Chairman of UPSC, as the governor of Bihar. It ruled that the office of the governor is a 'constitutional office' and not an employment under the government.

Administrative Reforms Commission

1966-1970 (1) recommended the setting up of two special authorities designated as 'Lokpal' & 'lokayukta' for the redressal of citizens' grievances (2) headed by Morarji Desai submitted a special interim report on the 'Problems of Redressal of Citizens' Grievances' in 1966. (3) set up on the pattern of the institution of Ombudsman in Scandinavian countries and the parliamentary commissioner for investigation in New Zealand (4) Lokpal would deal with complaints against ministers and secretaries at Central and state levels, and the lokayukta (one at the Centre and one in every state) would deal with complaints against other specified higher officials. (5) The ARC kept the judiciary outside the purview of Lokpal and lokayukta as in New Zealand. But, in Sweden the judiciary is within the purview of Ombudsman.

composiyion of lokpal accord to LOKPAL AND LOKAYUKTAS ACT (2013)

2. The Lokpal to consist of a Chairperson with a maximum of 8 members of which 50% shall be judicial members. 3. 50% of the members of the Lokpal shall come from amongst the SCs, the STs, the OBCs, minorities and women. 4. The selection of the Chairperson and the members of Lokpal shall be through a Selection Committee consisting of the Prime Minister, the Speaker of the Lok Sabha, the Leader of the Opposition in the Lok Sabha, the Chief Justice of India or a sitting Supreme Court Judge nominated by the Chief Justice of India and an eminent jurist to be nominated by the President of India on the basis of recommendations of the first four members of the selection committee. 5. A Search Committee will assist the Selection Committee in the process of selection. 50% of the members of the Search Committee shall also be from amongst the SCs,STs, OBCs, minorities and women.

Article 316

Appointment and term of office of members

observations by Dr. P.V. Rajamannar w er t Financial commission

As rightly observed by Dr. P.V. Rajamannar, the Chairman of the Fourth Finance Commission, "Since the Finance Commission is a constitutional body expected to be quasi-judicial, its recommendations should not be turned down by the Government of India unless there are very compelling reasons".

Chairmen Of finance commission(upto 1778)

Finance Commission --Chairman --Appointed in ---Submitted Report in-- Period of implementation of Report First K.C. Neogy 1951 1952 1952-57 Second K. Santhanam 1956 1957 1957-62 Third A.K. Chanda 1960 1961 1962-66 Fourth Dr. P.V. Rajamannar 1964 1965 1966-69 Fifth Mahavir Tyagi 1968 1969 1969-74 Sixth Brahamananda Reddy 1972 1973 1974-79 Seventh J.M. Shelat 1977 1978 1979-84

planning commission & finance commission

However, its role in the Centre- state fiscal relations was undermined by the emergence of the erstwhile Planning Commission, a non-constitutional and a non-statutory body. Dr P V Rajamannar, the Chairman of the Fourth Finance commission, highlighted the overlapping of functions and responsibilities between the Finance Commission and the erstwhile Planning Commission in federal fiscal transfers

Investigations w r t lokayukta

In most of the states, the lokayukta can initiate investigations either on the basis of a complaint received from the citizen against unfair administrative action or suo moto. But he does not enjoy the power to start investigations on his own initiative (suo moto) in the States of Uttar Pradesh, Himachal Pradesh and Assam.

Lokpal and Lokayuktas Act (2013) article 10-20

Inquiry Wing 11. Inquiry Wing Prosecution Wing 12. Prosecution Wing Expenses of Lokpal to be Charged on Consolidated Fund of India 13. Expenses of Lokpal to be Charged on Consolidated Fund of India Jurisdiction in Respect of Inquiry 14.Jurisdiction of Lokpal to include Prime Minister, Ministers, Members of Parliament, Group A, B, C and D officers and officials of Central Government 15. Matters pending before any court or committee or authority forinquiry not to be affected 16. Constitution of benches of Lokpal 17. Distribution of business amongst benches 18. Power of Chairperson to transfer cases 19. Decision to be by majority

The UPSC performs the following functions:

JDM (a) It conducts examinations for appointments to the all-India services, Central services and public services of the centrally administered territories. (b) It assists the states (if requested by two or more states to do so) in framing and operating schemes of joint recruitment for any services for which candidates possessing special qualifications are required. (c) It serves all or any of the needs of a state on the request of the state governor and with the approval of the president of India. (d) It is consulted on the different matters related to personnel management

UPSC annual report to President

JDM The UPSC presents, annually, to the president a report on its performance. The President places this report before both the Houses of Parliament, along with a memorandum explaining the cases where the advice of the Commission was not accepted and the reasons for such non-acceptance. All such cases of non-acceptance must be approved by the Appointments Committee of the Union cabinet. An individual ministry or department has no power to reject the advice of the UPSC.

president can also remove the chairman or any other member of UPSC for misbehaviour.explain procedure

JDM (3) in this case, the president has to refer the matter to the Supreme Court for an enquiry. If the Supreme Court, after the enquiry, upholds the cause of removal and advises so, the president can remove the chairman or a member. Under the provisions of the Constitution, the advise tendered by the Supreme Court in this regard is binding on the president. During the course of enquiry by the Supreme Court, the president can suspend the chairman or the member of UPSC.

LOKPAL AND LOKAYUKTAS ACT (2013) w r t gp A B C D offrs

On complaints referred to the CVC by the Lokpal, the CVC will send its report of preliminary enquiry in respect of Group A and Group B Officers back to the Lokpal for further decision. With respect to categories of employees from Group C and Group D, the CVC will proceed further in exercise of its own powers under the CVC Act subject to reporting and review by the Lokpal.

Lokpal and Lokayuktas Act (2013) article 20-31

Procedure in Respect of Preliminary Inquiry and Investigation 20. Provisions relating to complaints and preliminary inquiry and investigation 21. Persons likely to be prejudicially affected to be heard 22. Lokpal may require any public servant or any other person to furnish information, etc. 23. Power of Lokpal to grant sanction for initiating prosecution 24. Action on investigation against public servant being Prime Minister, Ministers or Members of Parliament Powers of Lokpal 25. Supervisory powers of Lokpal 26. Search and seizure 27. Lokpal to have powers of civil court in certain cases 28. Power of Lokpal to utilise services of officers of Central or State Government 29. Provisional attachment of assets 30. Confirmation of attachment of assets 31. Confiscation of assets, proceeds, receipts and benefits arisen or procured by means of corruption in special circumstances

Article 319

Prohibition as to the holding of office by members of commission on ceasing to be such members

earliest democratic institution created in the world for the redressal of citizens' grievance

Scandinavian institution of Ombudsman

Mission OF The Election Commission of India

The Election Commission of India maintains independence, integrity and autonomy; ensures accessibility, inclusiveness, and Ethical participation of stakeholders; and, adopts highest standards of professionalism for delivering free, fair, and transparent elections to strengthen the trust in electoral democracy and governance

consultation with UPSC is mandatory/directory

The Supreme Court has held that if the government fails to consult UPSC in the matters, the aggrieved public servant has no remedy in a court. In other words, the court held that any irregularity in consultation with the UPSC or acting without consultation does not invalidate the decision of the government Thus, the provision is directory and not mandatory.

difference between removal and dismissal

The difference between removal and dismissal is that the former does not disqualify for future employment under the government while the latter disqualifies for future employment under the government

cvc & UPSC

The emergence of Central Vigilance Commission (CVC) in 1964 affected the role of UPSC in disciplinary matters. This is because both are consulted by the government while taking disciplinary action against a civil servant. The problem arises when the two bodies tender conflicting advise. However, the UPSC, being an independent constitutional body, has an edge over the CVC, which is created by an executive resolution of the Government of India and conferred a statutory status in October 2003.

Structural Variations of lokayukta

The structure of the lokayukta is not same in all the states. Some States like Rajasthan, Karnataka, Andhra Pradesh and Maharashtra have created the lokayukta as well as upalokayukta, while some others like Bihar, Uttar Pradesh and Himachal Pradesh have created only the lokayukta. There are still other states like Punjab and Orissa that have designated officials as Lokpal. This pattern was not suggested by the ARC in the states.

qualification of 4 members of finance commission

four other members should be selected from amongst the following: 1. A judge of high court or one qualified to be appointed as one. 2. A person who has specialised knowledge of finance and accounts of the government. 3. A person who has wide experience in financial matters and in administration. 4. A person who has special knowledge of economics.

characteristics of the Swedish institution of Ombudsman

jkm (i) Independence of action from the executive (ii) Impartial and objective investigation of complaints (iii) Suo moto power to start investigations (iv) Uninterrupted access to all the files of administration (v) Right to report to the Parliament as opposed to the executive; (v) the institution of ombudsman is based on the doctrine of administrative accountability to legislature. (vi) Wide publicity given to its working in press and other media (vii) Direct, simple, informal, cheap and speedy method of handling complaints

different countries adopted institute of ombudsman

jkm 1) swedan-1809 2) Finland (1919), 3) Denmark (1955) 4) Norway (1962). 5) New Zealand (1st Commonwealth country)-adopted the Ombudsman system in the form of a Parliamentary Commissioner for Investigation-1962 6) The United Kingdom adopted Ombudsman-like institution called Parliamentary Commissioner for Administration in 1967 7) Ombudsman in India is called lokpal/lokayukta

powers and functions of election commission (15 points)

jDM 1. To determine the territorial areas of the electoral constituencies throughout the country on the basis of the Delimitation Commission Act of Parliament. 2. To prepare and periodically revise electoral rolls and to register all eligible voters. 3. To notify the dates and schedules of elections and to scrutinise nomination papers. 4. To grant recognition to political parties and allot election symbols to them. 5. To act as a court for settling disputes related to granting of recognition to political parties and allotment of election symbols to them. 6. To appoint officers for inquiring into disputes relating to electoral arrangements. 7. To determine the code of conduct to be observed by the parties and the candidates at the time of elections. 8. To prepare a roster for publicity of the policies of the political parties on radio and TV in times of elections. 9. To advise the president on matters relating to the disqualifications of the members of Parliament. 10. To advise the governor on matters relating to the disqualifications of the members of state legislature. 11. To cancel polls in the event of rigging, booth capturing, violence and other irregularities. 12. To request the president or the governor for requisitioning the staff necessary for conducting elections. 13. To supervise the machinery of elections throughout the country to ensure free and fair elections. 14. To advise the president whether elections can be held in a state under president's rule in order to extend the period of emergency after one year. 15. To register political parties for the purpose of elections and grant them the status of national or state parties on the basis of their poll performance

existing legal and institutional framework to check corruption and redress citizens' grievances in India

jdm 1. Public Servants (Enquiries) Act, 1850 2. Indian Penal Code, 1860 3. Special Police Establishment, 1941 4. Delhi Police Establishment Act, 1946 5. Prevention of Corruption Act, 1988 6. Commissions of Inquiry Act, 1952 (against political leaders and eminent public men) 7. All-India Services (Conduct) Rules, 1968 8. Central Civil Services (Conduct) Rules, 1964 9. Railway Services (Conduct) Rules, 1966 10. Vigilance organisations in ministries / departments, attached and subordinate offices and public undertakings 11. Central Bureau of Investigation, 1963 12. Central Vigilance Commission, 1964 13. State Vigilance Commissions, 1964 14. Anti corruption bureaus in states 15. Lokpal (Ombudsman) at the Centre 16. Lokayukta (Ombudsman) in states 17. Divisional Vigilance Board 18. District Vigilance Officer 19. National Consumer Disputes Redressal Commission 20. National Commission for SCs 21. National Commission for STs 22. Supreme Court and High Courts in states 23. Administrative Tribunals (quasi-judicial bodies) 24. Directorate of Public Grievances in the Cabinet Secretariat, 1988 25. Parliament and its committees 26. 'File to Field' programme in some states like Kerala; in this innovative scheme, the administrator goes to the village/area and hears public grievances and takes immediate action wherever possible.

INDEPENDENCE given to election commission

jdm 1. The chief election commissioner is provided with the security of tenure. (2) He cannot be removed from his office except in same manner and on the same grounds as a judge of the Supreme Court. In other words, he can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity. Thus, he does not hold his office till the pleasure of the president, though he is appointed by him. 2. The service conditions of the chief election commissioner cannot be varied to his disadvantage after his appointment. 3. Any other election commissioner or a regional commissioner cannot be removed from office except on the recommendation of the chief election commissioner.

Background of Lokpal and Lokayuktas act 2013

jkm (1) In order to meet a long-standing demand to establish a mechanism for dealing complaints on corruption against certain public functionaries, including corruption at high places, the Government had constituted a Joint Drafting Committee on 08.04.2011, consisting of 5 nominee Ministers from Government of India and 5 nominees of Shri Anna Hazare (including Shri Hazare himself), to prepare a draft of the Lokpal Bill. (2) the Department-related Parliamentary Standing Committee recommended that Lokpal and Lokayuktas should be conferred constitutional status. (3) Upon consideration of the recommendations of the Standing Committee, the Government withdrew the Lokpal Bill, 2011 pending in the Lok Sabha and introduced a new comprehensive Lokpal and Lokayuktas Bill, 2011 in the Lok Sabha on 22.12.2011 to establish the institution of Lokpal at the Centre and Lokayukta at the level of States. (4)the Government also introduced Constitution 116th Amendment Bill, 2011 to provide for constitutional status to these bodies. These Bills were taken up for consideration by the Lok Sabha on 27.12.2011. The Lokpal and Lokayuktas Bill, 2011 was passed with certain amendments whereas the Constitution 116th Amendment Bill, 2011 could not be passed with the requisite majority. The Lokpal and Lokayuktas Bill, 2011 was taken up for discussion and passing in the Rajya Sabha on 29.12.2011 but the discussion remained inconclusive. Subsequently, the Rajya Sabha adopted a motion on 21.05.2012 and referred the Bill to a Select Committee of the Rajya Sabha for examination and report. The Select Committee of Rajya Sabha submitted its report to the Rajya Sabha on 23.11.2012. The recommendations of the Select Committee were examined and a proposal for moving official amendments to the Bill as reported by the Select Committee was considered and approved by the cabinet in its meeting held on 31st January, 2013. The Bill has been finally passed by Rajya Sabha with amendments on 17.12.2013 and the Lok Sabha has agreed to the amendments made by Rajya Sabha on 18.12.2013. The Bill as passed by both Houses has received the assent of the President on 01.01.2014. The Act has been brought into force with effect from 16th January, 2014.

ADVISORY ROLE of fiance commission

jkm (1) It must be clarified here that the recommendations made by the FC are only of advisory nature and hence, not binding on the government. It is up to the Union government to implement its recommendations on granting money to the states. To put it in other words,'It is nowhere laid down in the Constitution that the recommendations of the commission shall be binding upon the Government of India or that it would give rise to a legal right in favour of the beneficiary states to receive the money recommended to be offered to them by the Commission'. The constitution of India envisages the Finance commission as the balancing wheel of fiscal federalism in India.

Ombudsman

jkm (1) Ombudsman is a constitutional authority and enjoys the powers to supervise the compliance of laws and regulations by the public officials, and see that they discharge their duties properly. (2) In other words, he keeps a watch over all public officials—civil, judicial and military—so that they function impartially, objectively and legally, that is, in accordance with the law. (3) However, he has no power to reverse or quash a decision and has no direct control over administration or the courts. (4) The Ombudsman can act either on the basis of a complaint received from the citizen against unfair administrative action or suo moto (i.e. on his own initiative). (5) He can prosecute any erring official including the judges. However, he himself cannot inflict any punishment. He only reports the matter to the higher authorities for taking the necessary corrective action

Guiding Principles OF THE Election Commission of India

jkm (1) The Commission has laid down for itself guiding principles of good governance: 1. To uphold the values enshrined in the constitution viz, equality, equity, impartiality, independence; and rule of law in superintendence, direction and control over the electoral governance; 2. To conduct elections with highest standard of credibility, freeness, fairness, transparency, integrity, accountability, autonomy and professionalism; 3. To ensure participation of all eligible citizens in the electoral process in an inclusive voter centric and voter-friendly environment; 4. To engage with political parties and all stakeholders in the interest of electoral process; 5. To promote awareness about the electoral process and electoral governance amongst stakeholders namely, voters, political parties, election functionaries, candidates and people at large; and to enhance and strengthen confidence and trust in the electoral system of this country; 6. To develop the human resource for effective and professional delivery of electoral services; 7. To build quality infrastructure for smooth conduct of electoral process; 8. To adopt technology for improvement in all areas of electoral process 9. To strive for adoption of innovative practices for achieving excellence and overall realization of the vision and mission; 10. To contribute towards the reinforcement of democratic values by maintaining and reinforcing confidence and trust of the people in the electoral system of the country.

ROLE of upsc

jkm (1) The Constitution visualises the UPSC to be the 'watch-dog of merit system' in India. (2) It is concerned with the recruitment to the all-India services and Central services—group A and group B and advises the government, when consulted, on promotion and disciplinary matters. (3) It is not concerned with the classification of services, pay and service conditions, cadre management, training, and so on. these matters are handled by the Department of Personnel and Training—one of the three departments of the Ministry of Personnel, Public Grievances and Pensions. (4) Therefore, UPSC is only a central recruiting agency while the Department of Personnel and Training is the central personnel agency in India. (5) The role of UPSC is not only limited, but also recommendations made by it are only of advisory nature and hence, not binding on the government. It is upto the Union government to accept or reject that advise. The only safeguard is the answerability of the government to the Parliament for departing from the recommendation of the Commission. (6) Further, the government can also make rules which regulate the scope of the advisory functions of UPSC

recommendations of Finance Commission

jkm (1) The Finance Commission is required to make recommendations to the president of India on the following matters: 1. The distribution of the net proceeds of taxes to be shared between the Centre and the states, and the allocation between the states of the respective shares of such proceeds. 2. The principles that should govern the grants-in-aid to the states by the Centre (i.e., out of the consolidated fund of India). 3. The measures needed to augment the consolidated fund of a state to supplement the resources of the panchayats and the municipalities in the state on the basis of the recommendations made by the state finance commission. 4. Any other matter referred to it by the president in the interests of sound finance.

about swedish Ombudsman

jkm (1) The The Swedish Ombudsman is appointed by the Parliament for a term of 4 years. (2) He can be removed only by the Parliament on ground of its loss of confidence in him. (3) He submits his annual report to the Parliament and hence, is also known as 'Parliamentary Ombudsman.' (4) But he is independent of the Parliament (legislature) as well as the executive and judiciary.

COMPOSITION of UPSC

jkm (1) The UPSC consists of a chairman and other members appointed by the president of India. (2) The Constitution, without specifying the strength of the Commission has left the matter to the discretion of the president, who determines its composition. (3) Usually, the Commission consists of 9-11 members including the chairman. (4) Further, no qualifications are prescribed for the Commission's membership except that 1/2 of the members of the Commission should be such persons who have held office for at least 10 years either under the Government of India or under the government of a state. (5) The Constitution also authorises the president to determine the conditions of service of the chairman and other members of the Commission. (7) However, they can relinquish their offices at any time by addressing their resignation to the president. (8) They can also be removed before the expiry of their term by the president in the manner as provided in the Constitution.

CEC & Election commissioner

jkm (1) The chief election commissioner and the two other election commissioners have equal powers and receive equal salary, allowances and other perquisites, which are similar to those of a judge of the Supreme Court. (2) In case of difference of opinion amongst the Chief election commissioner and/or two other election commissioners, the matter is decided by the Commission by majority. (3) They hold office for a term of six years or until they attain the age of 65 years, whichever is earlier. (4) They can resign at any time or can also be removed before the expiry of their term.

recommendation of arc 1966-70

jkm (1) the Lokpal would be appointed by the president after consultation with the chief justice of India, the Speaker of Lok Sabha Chairman of the Rajya Sabha. The ARC also recommended that the institutions of Lokpal and lokayukta should have the following features: 1. They should be demonstratively independent and impartial. 2. Their investigations and proceedings should be conducted in private and should be informal in character. 3. Their appointment should be, as far as possible, non-political. 4. Their status should compare with the highest judicial functionaries in the country. 5. They should deal with matters in the discretionary field involving acts of injustice, corruption or favouritism. 6. Their proceedings should not be subject to judicial interference. 7. They should have the maximum latitude and powers in obtaining information relevant to their duties. 8. They should not look forward to any benefit or pecuniary advantage from the executive government.

The Swedish Ombudsman deals with the citizens' grievances in the following matters:

jkm (i) Abuse of administrative discretion, that is, misuse of official power and authority (ii) Maladministration, that is, inefficiency in achieving the targets (iii) Administrative corruption, that is, demanding bribery for doing things (iv) Nepotism, that is supporting one's own kith and kin in matters like providing employment (v) Discourtesy, that is, misbehaviour of various kinds, for instance, use of abusive language.

Bills of lokpal/lokayukta were introduced in the Parliament in the following years:

jkm 1. In May 1968, by the Congress Government headed by Indira Gandhi. 2. In April 1971, again by the Congress Government headed by Indira Gandhi. 3. In July 1977, by the Janata Government headed by Morarji Desai. 4. In August 1985, by the Congress Government headed by Rajiv Gandhi. (The first four bills lapsed due to the dissolution of Lok Sabha,) 5. In December 1989, by the National Front Government headed by VP Singh. (fifth one was withdrawn by the government) 6. In September 1996, by the United Front Government headed by Deve Gowda. 7. In August 1998, by the BJP-led coalition Government headed by AB Vajpayee. 8. In August 2001, by the NDA government headed by A B Vajpayee. (6th,7th & 8th bills also lapsed due to the dissolution of the 11th,12th & 13th Lok Sabha.) 9. In August 2011, by the UPA government headed by Manmohan Singh.(withdrawn by the government.) 10. In December 2011, by the UPA government headed by Manmohan Singh.

salient features of the Lokpal and Lokayuktas Act (2013)

jkm 1. It seeks to establish the institution of the Lokpal at the Centre and the Lokayukta at the level of the State and thus seeks to provide a uniform vigilance and anti-corruption road map for the nation both at the Centre and at the States (2) The jurisdiction of Lokpal includes the PM ,Ministers, Members of Parliament and Groups A, B, C and D officers and officials of the Central Government. 6. The Prime Minister has been brought under the purview of the Lokpal with subject matter exclusions and specific process for handling complaints against the Prime Minister. 8. The Lokpal will have the power of superintendence and direction over any investigating agency, including the CBI, for cases referred to them by the Lokpal. 9. A High-Powered Committee chaired by the Prime Minister will recommend the selection of the Director of CBI. 10. It incorporates provisions for attachment and confiscation of property of public servants acquired by corrupt means, even while the prosecution is pending. 13. Institutions which are financed fully or partly by Government are under the jurisdiction of Lokpal, but institutions aided by Government are excluded. 14. It provides adequate protection for honest and upright public servants. 15. Lokpal conferred with power to grant sanction for prosecution of public servants in place of the Government or competent authority. 17. All entities receiving donations from foreign source in the context of the Foreign Contribution Regulation Act (FCRA) in excess of Rs.10 lakhs per year are brought under the jurisdiction of Lokpal. 18. It contains a mandate for setting up of the institution of Lokayukta through enactment of a law by the State Legislature within a period of 365 days from the date of commencement of this Act. Thus, the Act provides freedom to the states to decide upon the contours of the Lokayukta mechanism in their respective states. ,, composition of cbi ,, provisions aimed at strengthening the CBI ,, gp a b c d offer ,, timeline for trial

Features of lokayukata

jkm 1. The lokayukta presents, annually, to the governor of the state a consolidated report on his performance. The governor places this report along with an explanatory memorandum before the state legislature. The lokayukta is responsible to the state legislature. 2. He takes the help of the state investigating agencies for conducting inquiries. 3. He can call for relevant files and documents from the state government departments. 4. The recommendations made by the lokayukta are only advisory and not binding on the state government. 5.Appointment 6. Structural Variations 7. Qualifications 8. Tenure 9. Jurisdiction 10. Investigations 11.Scope of Cases Covered

election commission - single/multi member body

jkm 1950-15 October 1989, the election commission functioned as a single member body consisting of the Chief Election Commissioner. 16 October 1989, the president appointed two more election commissioners to cope with the increased work of the election commission on account of lowering of the voting age from 21 to 18 years.Thereafter, the Election Commission functioned as a multi member body consisting of three election commissioners. January 1990 However, the two posts of election commissioners were abolished in January 1990 and the Election Commission was reverted to the earlier position. October 1993 Again in October 1993, the president appointed two more election commissioners. Since then and till today, the Election Commission has been functioning as a multi-member body consisting of three election commissioners.

French system of Administrative Courts

jkm Another unique institutional device created for the redressal of citizens' grievances against administrative authorities Due to its success in France, the system has gradually spread to many other European and African countries like Belgium, Greece and Turkey.

Donald. C. Rowat described the Ombudsman

jkm Donald. C. Rowat says that the institution of Ombudsman is a ''bulwark of democratic government against the tyranny of officialdom."

Gerald E. Caiden described the Ombudsman

jkm Gerald E. Caiden described the Ombudsman as "institutionalised public conscience."

UPSC is consulted on the following matters related to personnel management:

jkm It is consulted on the following matters related to personnel management: (i) All matters relating to methods of recruitment to civil services and for civil posts. (ii) The principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another. (iii) The suitability of candidates for appointments to civil services and posts; for promotions and transfers from one service to another; and appointments by transfer or deputation. The concerned departments make recommendations for promotions and request the UPSC to ratify them. (iv) All disciplinary matters affecting a person serving under the Government of India in a civil capacity including memorials or petitions relating to such matters. These include: — Censure (Severe disapproval) — Withholding of increments — Withholding of promotions — Recovery of pecuniary loss — Reduction to lower service or rank (Demotion) — Compulsory retirement — Removal from service — Dismissal from service (v) Any claim for reimbursement of legal expenses incurred by a civil servant in defending legal proceedings instituted against him in respect of acts done in the execution of his official duties. (vi) Any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India and any question as to the amount of any such award. (vii) Matters of temporary appointments for period exceeding 1 year and on regularisation of appointments. (viii) Matters related to grant of extension of service and re-employment of certain retired civil servants. (ix) Any other matter related to personnel management.

Lokpal and Lokayuktas Act (2013) article 46-63

jkm Offences and Penalties 46 Prosecution for false complaint and payment of compensation, etc., to public servant 47 False complaint made by society or association of persons or trust Miscellaneous 48 Reports of Lokpal 49 Lokpal to function as appellate authority for appeals arising out of any other law for the time being in force 50 Protection of action taken in good faith by any public servant 51 Protection of action taken in good faith by others 52 Members, officers and employees of Lokpal to be public servants 53 Limitation to apply in certain cases 54 Bar of Jurisdiction 55 Legal assistance 56 Act to have overriding effect 57 Provisions of this Act to be in addition of other laws 58 Amendment of certain enactments 59 Power to make rules 60 Power of Lokpal to make regulations 61 Laying of rules and regulations 62 Power to remove difficulties Establishment of the Lokayukta 63 Establishment of the Lokayukta

Lokpal and Lokayuktas Act (2013) article 31-45

jkm Power of Lokpal to recommend transfer or suspension of public 32. servant connected with allegation of corruption 33. Power of Lokpal to give directions to prevent destruction of records during preliminary inquiry 34. Power to delegate Special Courts 35 Special Courts to be constituted by Central Government 36 Letter of request to a contracting State in certain cases Complaints against Chairperson, Members and Officials of Lokpal 37 Removal and suspension of Chairperson and Members of Lokpal 38 Complaints against officials of Lokpal Assessment of Loss and Recovery Thereof by Special Court 39 Assessment of Loss and Recovery Thereof by Special Court Finance, Accounts and Audit 40 Budget 41 Grants by Central Government 42 Annual statement of accounts 43 Furnishing of returns, etc., to Central Government Declaration of Assets 44 Declaration of Assets 45 Presumption as to acquisition of assets by corrupt means in certain cases

REMOVAL of upsc

jkm The President can remove the chairman or any other member of UPSC from the office under the following circumstances: (a) If he is adjudged an insolvent (that is, has gone bankrupt); (b) If he engages, during his term of office, in any paid employment outside the duties of his office; (c) If he is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body. (d) In addition to these, the president can also remove the chairman or any other member of UPSC for misbehaviour.

LIMITATIONS of UPSC

jkm The following matters are kept outside the functional jurisdiction of the UPSC. In other words, the UPSC is not consulted on the following matters: (a) While making reservations of appointments or posts in favour of any backward class of citizens. (b) While taking into consideration the claims of scheduled castes and scheduled tribes in making appointments to services and posts. (c) With regard to the selections for chairmanship or membership of commissions or tribunals, posts of the highest diplomatic nature and a bulk of group C and group D services. (d) With regard to the selection for temporary or officiating appointment to a post if the person appointed is not likely to hold the post for more than a year.

Scope of Cases Covered w r t lokayukta

jkm The lokayukta can consider the cases of 'grievances' as well as 'allegations' in the States of Maharashtra, Uttar Pradesh, Assam, Bihar and Karnataka. But, in Himachal Pradesh, Andhra Pradesh, Rajasthan and Gujarat, the job of lokayuktas is confined to investigating allegations (corruption) and not grievances (maladministration).

'Procurator System'

jkm The socialist countries like the former USSR (now Russia), China, Poland, Hungary, Czechoslovakia and Romania have created their own institutional device for the redressal of citizens' grievances the office of the Procurator-General is still functioning in Russia. He is appointed for a tenure of seven years

jurisdiction of lokayukta

jkm There is no uniformity regarding the jurisdiction of lokayukta in all the states. The following points can be noted in this regard: (a) The chief minister is included within the jurisdiction of lokayukta in the states of Himachal Pradesh, Andhra Pradesh, Madhya Pradesh and Gujarat, while he is excluded from the purview of lokayukta in the states of Maharashtra, Uttar Pradesh, Rajasthan, Bihar and Orissa. (b) Ministers and higher civil servants are included in the purview of lokayukta in almost all the states. Maharashtra has also included former ministers and civil servants. (c) Members of state legislatures are included in the purview of lokayukta in the States of Andhra Pradesh, Himachal Pradesh, Gujarat, Uttar Pradesh and Assam. (d) The authorities of the local bodies, corporations, companies and societies are included in the jurisdiction of the lokayukta in most of the states.

composition of election commission

jkm chief EC EC-2 deputy election commissioners secretaries, joint secretaries, deputy secretaries and under secretaries posted in the secretariat of the commission. At the state level, the Election Commission is assisted by the chief electoral officer who is appointed by the chief election commissioner in consultation with the state government at district level, the collector acts as the district returning officer He appoints a returning officer for every constituency in the district and presiding officer for every polling booth in the constituency.

provisions to safeguard and ensure the independent and impartial functioning of the UPSC,,,

jkm: (a) The chairman or a member of the UPSC can be removed from office by the president only in the manner and on the grounds mentioned in the Constitution. Therefore, they enjoy security of tenure. (b) The conditions of service of the chairman or a member, though determined by the president, cannot be varied to his disadvantage after his appointment. (c) The entire expenses including the salaries, allowances and pensions of the chairman and members of the UPSC are charged on the Consolidated Fund of India. ## Thus, they are not subject to vote of Parliament. (d) The chairman of UPSC (on ceasing to hold office) is not eligible for further employment in the Government of India or a state. (e) A member of UPSC (on ceasing to hold office) is eligible for appointment as the chairman of UPSC or a State Public Service Commission (SPSC), but not for any other employment in the Government of India or a state. (f) The chairman or a member of UPSC is (after having completed his first term) not eligible for reappointment to that office (i.e., not eligible for second term). second term).

Defining the term 'misbehaviour in removal of election commission

the Constitution states that the chairman or any other member of the UPSC is deemed to be guilty of misbehaviour if he (a) is concerned or interested in any contract or agreement made by the Government of India or the government of a state, or (b) participates in any way in the profit of such contract or agreement or in any benefit therefrom otherwise than as a member and in common with other members of an incorporated company

jurisdiction of Lokpal under LOKPAL AND LOKAYUKTAS ACT (2013)

the Prime Minister, Ministers, Members of Parliament and Groups A, B, C and D officers and officials of the Central Government.