Flash Card

LAKSHYA-75 [Day-47] Static Flash Cards for IAS Prelims 2020

Judicial review; Territorial limits of the legislative powers vested in the Centre and the states; Fifth Schedule and Sixth Schedule; Conditions to become recognized political parties by the Election; Commission; Civil servants; e-Governance; Duration of Panchayats; Article 371; 'Sevottam' model in Governance; Sarkaria Commission;
By IASToppers
April 25, 2020

Sarkaria Commission, M M Punchhi Commission and Rajamannar Committee were constituted for addressing which subject?

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Answer: Centre-state relation.

Enrich Your Learning:

Sarkaria Commission:

In 1983, the Central government appointed a three-member Commission on Centre-state relations under the chairmanship of R S Sarkaria, a retired judge of the Supreme Court.

Important recommendations:

  • Set a permanent Inter-State Council (Inter-Governmental Council) under Article 263.
  • Article 356 (President’s Rule) to be used in extreme cases, as a last resort.
  • Strengthen All-India Services and create other such services.
  • Residuary powers of taxation to remain with the Parliament, while other residuary powers to be placed in the Concurrent List.
  • The reason why president withheld assent to state bills, to be communicated to the state government.
  • National Development Council (NDC) to be reconstituted as the National Economic and Development Council (NEDC).
  • Reconstitution of zonal councils to promote the spirit of federalism.
  • Centre should deploy its armed forces, even without the consent of states.
  • Centre should consult states before making a law on Concurrent List.
  • The procedure of consulting the chief minister in the appointment of the state governor should be prescribed in the Constitution.
  • Net proceeds of the corporation tax made permissibly shareable with the states.
  • The governor cannot dismiss the council of ministers so long as it commands a majority in the assembly.
  • The governor’s term of five years in a state should not be disturbed except for some extremely compelling reasons.
  • Unless a demand is made by the Parliament, no commission of enquiry should be set up against a state minister.
  • Steps to be taken to uniformly implement the three-language formula in its true spirit.
  • No change in the role of Rajya Sabha and Centre’s power to reorganise the states.
  • The commissioner for linguistic minorities should be activated.

M M Punchhi Commission:

In April 2007, a commission headed by the former chief justice of India M.M. Punchhi was set up by the Government to take a fresh look at relative roles and responsibilities of various levels of government and their inter-relations.

Important recommendations:

  • Evolution of Centre-state relations
  • Constitutional scheme of relations, covering recommendations regarding Article 19, Article 355 and 356 and Article 263.
  • Economic and financial relations and recommendations include upgrading of the planning model to remove regional imbalances.
  • Recommendations regarding 73rd and 74th amendments and the Sixth Schedule.
  • Internal security, covering issues like terror, Naxalism, insurgency and communal violence.
  • Environment issues and resource-sharing, particularly of rivers and minerals
  • Social development and good governance.

Rajamannar Committee:

In 1969, the Tamil Nadu Government appointed a three-member committee under the chairmanship of Dr P V Rajamannar to examine the entire question of Centre–state relations and to suggest amendments to the Constitution so as to secure utmost autonomy to the states.

Important recommendations:

  • An Inter-State Council should be set up immediately;
  • Finance Commission should be made a permanent body;
  • Planning Commission should be disbanded and its place should be taken by a statutory body;
  • Articles 356, 357 and 365 (dealing with President’s Rule) should be totally omitted;
  • The provision that the state ministry holds office during the pleasure of the governor should be omitted;
  • Certain subjects of the Union List and the Concurrent List should be transferred to the State List;
  • The residuary powers should be allocated to the states; and
  • All-India services (IAS, IPS and IFS) should be abolished.

What are the three modules in the Sevottam Framework regarding Governance?

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Answer:

Three Modules in Sevottam Framework:

  1. Citizen Charter.
  2. Public Grievance Mechanism.
  3. Service Delivery Capability.

Enrich Your Learning:

‘Sevottam’ model in Governance:

  • Sevottam Modelis a model proposed by 2nd ARC (Administrative Reforms Commission) for public Service Delivery.
  • Sevottam model is a quality management framework applicable to public service delivery organisations, in all its departments. Service Delivery Excellence Model provides a framework for organisations to assess and improve the quality of service delivery to citizens.
  • Objective: toImprove the quality of public service delivery in the country.
  • Sevottam Model is now regarded as a standard model for providing services in citizen centric governance.
  • The model is developed by rectifying the drawbacks in the earlier mechanisms of public service delivery like Citizen Charters (CC), and is gradually adopted by various departments under Central and State government.

Seven Steps in Sevottam Model:

  1. Define services and identify clients.
  2. Set standards and norms for each service.
  3. Develop capability to meet the set standards.
  4. Perform to achieve the standards.
  5. Monitor performance against the set standards.
  6. Evaluate impact through an independent mechanism.
  7. Continuous improvement based on monitoring and evaluation.

Article 371H of Indian Constitution gives special status to which state of the Northeast region?

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Answer: Arunachal Pradesh

Enrich Your Learning:

Article 371:

  • Article 371 relates to special provisions to special clauses favouring development to backward regions in some states.

Various provision of Articles 371:

Various provision of Articles 371, (from 371A to 371J) define special provisions with regard to another state (or states).

  • Article 371: Maharashtra and Gujarat – gives the power to the President of India to establish separate development boards for Vidarbha, Marathwada regions of Maharashtraand the rest of the State and Saurashtra, Kutch and rest of Gujarat.
  • Article 371(A)of Indian Constitution states that no act of Parliament shall apply to the State of Nagaland in respect of the religious or social practices of the Nagas, its customary law and procedure, administration of civil and criminal justice.
  • It also involves decisions according to Naga customary law and ownershipand transfer of land and its resources which reveals that the land and its resources in the State belong to the people and not the government.
  • Article 371Bdeals with special provision with respect to the State of
  • Article 371Cdeals with special provisions with respect to
  • Articles 371Fdeals with special provisions with respect to State of Sikkim
  • Article 371-Gdeals with special provisions with respect to Mizoram.
  • Article 371Hdeals with special provisions with respect to and Arunachal Pradesh.
  • Special provisions with respect to Andhra Pradesh, Karnataka, Goaare dealt in Articles 371D and 371E, 371J, 371I

In case of dissolution, fresh elections to constitute a panchayat shall be completed before the expiry of a period of __________ from the date of its dissolution. a) six months OR b) one year.

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Answer: Six months

Enrich Your Learning:

Duration of Panchayats:

  • The 73rd amendment act of 1992 provides for a five-year term of office to the panchayat at every level.
  • It can be dissolved before the completion of its term. Further, fresh elections to constitute a panchayat shall be completed (a) before the expiry of its duration of five years; or (b) in case of dissolution, before the expiry of a period of six months from the date of its dissolution.
  • Where the remainder of the period (for which the dissolved panchayat would have continued) is less than six months, it shall not be necessary to hold any election for constituting the new panchayat for such period.
  • A panchayat constituted upon the dissolution of a panchayat before the expiration of its duration shall continue only for the remainder of the period for which the dissolved panchayat would have continued had it not been so dissolved.
  • A panchayat reconstituted after premature dissolution does not enjoy the full period of five years but remains in office only for the remainder of the period.

What is e-Governance?

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Answer:

e-Governance is the application of information and communication technology (ICT) for providing government services, exchange of information, transactions, integration of previously existing services and information portals.

Enrich Your Learning:

Objectives of ‘E-Governance’:

  • The main objective of e-Governance is delivering or exchanging the information, enhancing the business transactions, giving better services to the citizens and handle the various interactions within and across the government and business organizations
  • To Better service delivery to citizens, ushering in transparency and accountability, empowering people through information, improve efficiency within Government, improve interface with business and industry.
  • The strategic objective of e-governance has always been to support and simplify governance for all parties – government, citizens, businesses and other agencies.
  • E-democracy which refers to all processes and structures that encompass all forms of electronic interaction and communication between the elected and the electorate.
  • To satisfactorily fulfil the public’s needs and expectations on the front-office side, by simplifying their interaction with various online services offered.
  • To facilitate a speedy, transparent, accountable, efficient and effective process for performing government administration activities.

The civil servants enjoy immunity from legal liability for their tortious acts in respect of the sovereign functions of the government. True OR False.

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Answer: True.

Enrich Your Learning:

  • Civil servants are conferred personal immunity from legal liability for official contracts and judicial officers enjoy immunity from any liability in respect of their official acts:
  • Under the Constitution, the civil servantsare conferred personal immunity from legal liability for official contracts.
  • This means that the civil servant who made a contract in his official capacity is not personally liable in respect of that contract but it is the government (Central or state) that is liable for the contract.
  • But, if the contract is made without complying the conditions specified in the Constitution, then the civil servant who made the contract is personally liable.
  • In other cases, the liability of the civil servants for torts or illegal acts is the same as of any ordinary citizen. Civil proceedings can be instituted against them for anything done in their official capacity after giving a two months’ advance notice.
  • But no such notice is required when the action is to be brought against them for the acts done outside the scope of their official duties.
  • Criminal proceedings can be instituted against them for acts done in their official capacity, with the prior permission of the president or the governor, where necessary.
  • The judicial officersenjoy immunity from any liability in respect of their official acts and hence, cannot be sued.
  • The Judicial Officers Protection Act (1850) lays down that, ‘no judge, magistrate, justice of peace, collector or other person acting judicially shall be liable to be sued in any civil court for any act done by him in the discharge of his official duty’.

How many states are required for a state political party to recognize as a national party?

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Answer: If a political party is recognised as a state party in four states, it is recognised as a national party.

Enrich Your Learning:

Conditions to become recognized political parties by the Election Commission:

Conditions for Recognition as a National Party:

  • At present (2016), a party is recognised as a national party if any of the following conditions is fulfilled:
  • If it secures six per cent of valid votes polled in any four or more states at a general election to the Lok Sabha or to the legislative assembly; and, in addition, it wins four seats in the Lok Sabha from any state or states; or
  • If it wins two per cent of seats in the Lok Sabha at a general election; and these candidates are elected from three states; or
  • If it is recognised as a state party in four states.

Conditions for Recognition as a State Party:

  • At present (2016), a party is recognised as a state party in a state if any of the following conditions is fulfilled:
  • If it secures six per cent of the valid votes polled in the state at a general election to the legislative assembly of the state concerned; and, in addition, it wins 2 seats in the assembly of the state concerned; or
  • If it secures six per cent of the valid votes polled in the state at a general election to the Lok Sabha from the state concerned; and, in addition, it wins 1 seat in the Lok Sabha from the state concerned; or
  • If it wins three per cent of seats in the legislative assembly at a general election to the legislative assembly of the state concerned or 3 seats in the assembly, whichever is more; or
  • If it wins 1 seat in the Lok Sabha for every 25 seats or any fraction thereof allotted to the state at a general election to the Lok Sabha from the state concerned; or
  • If it secures eight per cent of the total valid votes polled in the state at a General Election to the Lok Sabha from the state or to the legislative assembly of the state. This condition was added in 2011.

What are the fifth schedule and sixth schedule of the constitution of India?

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Answer:

Fifth schedule deals with provision for the constitution of a Tribes Advisory Council. President may by order declare an area to be ‘Scheduled area’.

The Sixth Schedule consists of provisions for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram, according to Article 244 of the Indian Constitution.

Enrich Your Learning:

Fifth Schedule and Sixth Schedule in the Constitution of India:

Fifth Schedule:

  • The fifth schedule of the constitution under Article 244, deals with the “provisions relating to the administration and control of scheduled areas and scheduled tribes”.
  • It empowers the President to;
  • Increase the area of any Scheduled Area in a state after consultation with the Governor of that state,
  • Rescind any order made for the designation of an area in any state to be a Scheduled Area, or make fresh order redefining the area which is to be a Scheduled Area in consultation with the Governor of the State concerned.
  • The Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area.
  • Ten states have Fifth Schedule Areas, they are: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan.
  • These scheduled areas are inhabited by socially and economically backward ‘aboriginals’ and hence are treated different from other areas as they need special efforts to improve their condition. The central government have greater responsibility for these areas.

 Sixth Schedule:

  • It was passed by the Constituent Assembly in 1949, it seeks to safeguard the rights of tribal populationthrough the formation of Autonomous District Councils (ADC).
  • ADCs are bodies representing a district to which the Constitution has given varying degrees of autonomy within the state legislature.  
  • The governors of these states are empowered to reorganise boundaries of the tribal areas.
  • In simpler terms, she or he can choose to include or exclude any areaincrease or decrease the boundaries and unite two or more autonomous districts into one.
  • They can also alter or change the names of autonomous regions without a separate legislation. 

The Parliament is empowered to make ‘extra-territorial legislation’ with absolute jurisdiction. True OR False.

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Answer: False.

Correct Statement: The Parliament alone can make ‘extra-territorial legislation’ but it is subjected to some territorial restrictions.

Enrich Your Learning:

Territorial limits of the legislative powers vested in the Centre and the states:

The territorial limits of the legislative powers vested in the Centre and the states are defined as:

  • The Parliament can frame laws for the whole or any part of India. The territory of India includes the states, the union territories, and any other area included in the territory of India.
  • A state legislature can make laws for the whole or any part of the state. The laws made by a state legislature are inapplicable outside the state, except when there is a sufficient nexus between the state and the object.
  • The Parliament alone can make ‘extra-territorial legislation’, which implies the laws of the Parliament are also applicable to the Indian citizens and their property in any part of the world.
  • However, the Constitution places certain restrictions on the territorial jurisdiction of the Parliamentand its laws are not applicable in the following areas:
  1. The President can make or repeal any regulationsfor the peace, progress and welfare of the four Union Territories-the Andaman and Nicobar Islands, Lakshadweep, Dadra and Nagar Haveli and Daman and Diu. The regulation thus made has the same effect as an act of Parliament.
  2. The governor can direct that an act of Parliament does not apply to a scheduled areain the state or apply with specified modifications and exceptions.
  3. The Governor of Assam may direct that an act of Parliament does not apply to atribal area(autonomous district) in the state or apply with specified modifications and exceptions. The President enjoys the same power with respect to tribal areas (autonomous districts) in Meghalaya, Tripura and Mizoram.

Which article of the Constitution makes provision for the transfer of a Judge (including Chief Justice) from one High Court to any other High Court?

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Answer: Article 222.

Enrich Your Learning:

Can Judicial review apply on the Transfer of a judge from one high court to another?

  • The issues regarding transfer of Judges and the scope of judicial review were considered by the Apex Court in the earlier judgments.
  • Article 222: ‘The President, after consultation with the Chief Justice of India, may transfer a judge from one High Court to any other High Court.’ The transfer provisions in the Constitution were meant for transfer by consent where exigencies required.
  • It is only the Chief Justice of India who can examine the circumstances in a given case and reach a conclusion as to whether it is in public interest to transfer or retransfer a Judge from one Court to another. 
  • In the formation of his opinion for the transfer of a Judge, other than the Chief Justice, the CJI is expected to take into account the views of the Chief Justice of the High Court from which the Judge is to be transferred and Chief Justice of the High Court to which the transfer is to be effected.
  • The views on the proposed transfer of a Judge or a Chief Justice of the High Court should be expressed in writing and should be considered by the CJI and the four senior most Judges of the Supreme Court. 

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Daily Current Flash Cards 2020 Prelims 2020
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