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Category: Polity and Governance

Reservation to dominant castes

Issues: Agitations by the Patels/Patidars in Gujarat, the Marathas in Maharashtra and the Jats in Haryana and neighbouring states, demanding inclusion in the list of Socially and Educationally Backward Classes (SEdBCs) and provisions for reservation on that basis.
Why an Issue?
Govt. Stand:
  1.  These are dominant castes whose members are major landowners in their states.
  2. Some have diversified and entered business, trade and industry in addition to state services.
  3. National and state backward class commissions have found that these communities are not socially and educationally backward and not inadequately represented in the services.

* Socially and Educationally Backward Classes:

  1. Victims of “social backwardness”,
  2. a low position in the traditional caste hierarchy ,and,
  3. linkages with “lowly” traditional occupations.

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All British Government Acts

Acts                                                      Remarks
Regulating Act, 1773
  • Governor of Bengal -> Governor General of Bengal
  • Warren Hastings became the first Governor General of Bengal.
  • Governor General was to be assisted by an executive council of four members.
  • Establishment of a Supreme Court @ Culcutta
Pitt’s India Act of 1784
  • This act made the company directly subordinate to the British government by creating Board of control.
  • The Governor General’s council was now reduced to 3 members
  • The company’s territories in India were for the first time called the ‘British possession in India’
  • A secret committee to work as a link between the Board of control and the Court of Directors.
  • British Government was given the supreme control over Company’s affairs and its administration in India.
Charter Act of 1813
  • End of Monopoly of East India Company. However the company’s monopoly in trade with china and trade in tea with India was kept intact.
  • Permission to Christian Missionaries
  • Rs. 1 Lakh every year on the education of Indians.
Charter Act of1833
  • End of East India Company as a Commercial Body
  • Governor General of Bengal was now Governor General of India
  • Fourth Member in Governor-General in Council (Lord Macaulay.)
  • India’s First Law Commission
  • Mitigation of Slavery
Charter Act of 1853
  • Power to constitute a new Presidency
  • This was the Birth of Civil Services which was thrown in 1854 for open competition = Genesis of Indian Civil Services
  • The council of legislative purposes which had 6 members now was expanded to 12 members.
Government of India Act, 1858
  • Abolition of Company Rule
  • Office of Secretary of State for India and Burma
  • Governor General of India was now Viceroy and  was made responsible to Secretary of State for India.
Indian Councils Act, 1861
  • Marks the beginning of Parliamentary system in India because of the key feature that Legislative Council was clearly distinguished from the Executive Council.
  • Expansion of executive council of Viceroy (fifth finance member)
  • Viceroy could promulgate ordinances.
  • Introduction of Portfolio System
  • Process of Decentralization
  • First time Indians were nominated in legislative council-
  1. Raja Sir Deo Narayan Singh of Benaras
  2. Narendra Singh, Maharaja of Patiala
  3. Dinkar Rao
Indian Councils Act, 1892
  • A simultaneous examination of ICS to be held in England and India.
  • Representation by way of indirect election (first step towards the beginning of the representative government in India)
  • The members could discuss the budget without right to vote on it
Indian Councils Act, 1909
  • Communal Representation in central legislative assembly (Seperate Electorate)
  • The act empowered the members to discuss the budget and ask supplementary questions
  • Non-official majority was given in the Provincial Council
  • Expansion of the Legislative Councils (From 16 to 60)
Government of India Act, 1919
  • A separate Preamble.
  • Diarchy at province (provincial subjects were divided into reserved and transferred)
  • A provision for classification of the central and provincial subjects
  • Bicameralism in central legislature
  • Establishment of a Public Service Commission in India for the first time.
  • Communal representation was extended and Sikhs, Europeans and Anglo Indians were included.
Government of India Act, 1935
  • Provincial autonomy
  • Abolition of provincial diarchy and introduction of diarchyat centre
  • Provision for an All India Federation with British India territories and princely states
  • Separation of Burma from India
  • Establishment of Federal Court
  • Federal Railway Authority
  • The Federal Bank (The Reserve Bank of India)

Constitutional Bodies in India

Constitutional Bodies in India-

  1. Election Commission,
  2. Comptroller and Auditor General,
  3. Union Public Service Commission
  4. State Public Service Commission
  5. Finance Commission
  6. Attorney General
  7. Advocate General,
  8. National Commission for SCs
  9. National Commission for STs,
  10. National Commission for Linguistic Minority
  11. GST Council
  12. District Planning Committee
  13. Metropolitan Planning Committee.
  14. State Finance Commission.
  15. State Election Commission.


    JSY and JSSK !

    2 schemes with confusing name and objectives.

    • Reducing maternal and infant mortality by promoting institutional delivery among pregnant women.
    • Eligible pregnant women are entitled for cash assistance irrespective of the age of mother and number of children for giving birth in a government or accredited private health facility.
    • Focuses on poor pregnant woman with a special dispensation for low performing states.
    • Performance based incentives to women health volunteers known as ASHA.
    • To mitigate the problem of out of pocket expenses (What women have to spend other than cash given by Govt.)
    • Zero expense deliveries: pregnant women are entitled for free drugs and consumables, free diagnostics, free blood whenever required, and free diet up to 3 days for normal delivery and 7 days for c-section.
    • Free transport from home to institution,
    • It supplements the cash assistance given to a pregnant woman under Janani Suraksha Yojana (JSY).



    Types of majorities in Indian Constitution

    Suppose, the total strength of a house is 545.

    Absolute majority would be 545/2+1= 273 members present and voting.

    Now suppose 15 seats are vacant. This means that “the then members” are: 530. The effective majority would be 530/2+1= 266

    Now suppose that on the date of voting 30 members were absent, so now the members present and voting are 500; then simple majority (Present and Voting) is 500/2+1=251

    Removal of President: Special Majority

    (Article 61) When a President is to be impeached for violation of the Constitution; the charge shall be preferred by either House of Parliament. A 14 days notice to move a resolution is given. Then, the resolution has to be passed by a majority of not less than two-thirds of the total membership of the House.


    Removal of the Vice-President: Effective Majority

    Article 67(b) Vice-President may be removed from his office by a resolution of the Council of States passed by a majority of all the then members of the Council and agreed to by the House of the People; but no resolution for the purpose of this clause shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution. (Effective majority in Rajya Sabha and agreed to Lok Sabha also means simple majority)


    Removal of Deputy Chairman of Council of States: Effective Majority

    Article 90(c) : A member holding office as Deputy Chairman of the Council of States may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council. (Simple Majority in Rajya Sabha)


    Removal of Speaker and Lok Sabha Speaker: Effective Majority

    Article 94: Member holding office as Speaker or Deputy Speaker of the House of the People— (c)may be removed from his office by a resolution of the House of the People passed by a majority of all the then members of the House


    Removal of Supreme Court Judge: Absolute + Special Majority

    Article 124(4): A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House (Absolute Majority) and by a majority of not less than two- thirds of the members of that House present and voting (Special Majority) voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.


    Abolition of Council of States: Absolute + Special Majority

    Article 169. (1): Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly (Absolute Majority) and by a majority of not less than two-thirds of the members of the Assembly present and voting. (Special Majority)


    Removal of Speaker or Deputy Speaker of Assembly: (Effective Majority)

    Article 179 (C) : Speaker or Deputy Speaker of assembly may be removed from his office by a resolution of the assembly passed by a majority of all the then members of the assembly (Effective Majority)


    Removal of Chairman or Deputy Chairman of a Legislative Council: (Effective Majority

    Article 183 (C) : Chairman or Deputy Chairman of a Legislative Council may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council. (Simple Majority)


    Emergency Proclamation (Absolute + Special Majority)

    According to article 352 (4) an emergency proclamation is laid before each House of Parliament and shall cease to operate at the expiration of one month unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament. Once approved it shall cease to be in force if again not approved within six months. For both of these purposes, the resolution should be passed by either House of Parliament only by a majority of the total membership of that House (Absolute Majority) and by a majority of not less than two-thirds of the Members of that House present and voting.(Special Majority)


    Amendment of the Constitution via article 368 : (Absolute + Special Majority)

    According to Article 368(2), amendment to Constitution may be initiated only by the introduction of a Bill for the purpose in either House of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House (Absolute Majority) and by a majority of not less than two-thirds of the members of that House present and voting, (special Majority).
    Further, if the amendment of the constitution also requires the assent of the state assemblies, they can pass the constitutional Amendment Bill with simple majority


    Via GKToday.

    Financial Bills, Money Bill and Constitution amend. Bill


    Money Bill Financial Bill 1 Financial Bill 2 Constitution Amend. Bill
    Need prior recommendation of Prez YES YES YES NO
    Introduced only in LS YES YES NO, Either house NO, Either house
    RS can  amend or reject NO YES YES YES
    Joint sitting. NO YES YES NO
    Dimag ka dahi hua aur rayta faila kya ? NO NO  NO NO

    Now, one more Bill for you !

    Inner Line Permit (ILP) System

    The inner line permit (ILP) system, required by Indian citizens to enter Arunachal Pradesh, Nagaland and Mizoram is issued under the Bengal Eastern Frontier Regulation, 1873, by the state governments.
    Inner line Permit
    * Inner Line Permit is an official travel document issued by the Government of India to allow inward travel of an Indian citizen into a protected/restricted area for a limited period.

    * It is obligatory for Indian citizens from outside those states to obtain permit for entering into the protected state. The document is an effort by the Government to regulate movement to certain areas located near the international border of India. This is a security measure and it is applicable for the following states:
    * Arunachal Pradesh – Issued by the Secretary (Political) of the Government of Arunachal Pradesh. It is required for entering the Indian state of Arunachal Pradesh through any of the check gates across the inter-state border with Assam or Nagaland.
    * Mizoram – Issued by the Government of Mizoram. It is required for entering the Indian state of Mizoram through any of the check gates across the inter-state borders.
    * Nagaland – It is mandatory for a mainland Indian citizen entering the state of Nagaland through any of the check gates across the inter-state borders.
    * There are two kinds of official permits prescribed by Government for entering into any area within Arunachal Pradesh. They are, Inner Line Permit (ILP) and Protected Area Permit (PAP).

    Any Domestic tourist coming to the mentioned state has to obtain an Inner Line Permit. The Permit is granted as a routine for the tourists and so it should not deter any tourist from coming to state.
    All the foreigners are required have the Protection Area Permit or PAP for entering into the state. They can obtain the Protected Area Permit from, All Indian Missions abroad, and Home ministry.

    Via: GKToday

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