E-Gyan Shala
Monday, 4 July 2016
Sunday, 3 July 2016
INDIAN FOREIGN POLICY : INDIA CENTRAL ASIA RELATINOS
·
Historical
events between India & Central Asia
·
India-Kazakhstan
Relations
·
India-Tajikistan
Relations
·
India and Turkmenistan
·
Central
Asia Crisis Ethnic flare up
·
Security
Dynamics in Central Asia and implication for India
- Geo-political,
Geo-strategic and Geo-economic and Importance of Central Asia to
- Current
observation of
- Oil
Diplomacy and
Current
observation of Central Asia A regional Challenges and Prospects
|
|
Challenges
|
Prospects
|
1. Informal barriers are high in central Asia
Region.
|
Adoption of new policies to
formalize the bariens with CAR.
|
2. Current delays by other border agencies can
be significantly more than customs.
|
Increasing supervision and contrail
of border agencies to case delays.
|
3. Elimination of delays requires careful
assessment.
|
There has been some improvements in
overall delays by new staff training and use of technology.
|
4. Measurement should be continued on a system
basis.
|
International organization are
trying to establish a new measurement systems in CAC
|
Oil Diplomacy and Central
Asia
Central Asia
regained global strategic importance in 1991 after the collapse of the soviet
Union allowed energy companies around the world to compete for the region’s
vast oil and gas resources the United States ,
Russia and China have become the three main forces
competing for influence in Central Asia .
Major Player
|
U.S,
|
U.S
|
The U.S is
leading the charge with its oil-driven polices.
|
As the global
race for scarce energy resources intensifies India
increasingly looks to Central Asia as a reliable source of oil and natural gas
as well as a focus of its strategic interests in Asia .
Geo-political,
Geo-strategic and Geo-economic and Importance of Central Asia to India
·
Dealing
with the multi-polar world dominated by few powerful states.
·
Coping
with global economic changes;
·
Tackling
ethnic and cultural diversity associated with ethno-nationalism.
·
Multi-ethnic,
multi-religious and multi-lingual population, but predominantly Muslims
population.
·
Abundance
of oil and natural reserves and vast mineral and natural resources.
·
Tackling
the menace of religious fundamentalism and trans-border terrorism.
·
Nation/state
building and related establishment of institutions; the common thread binding
India and Central Asian states is that both are ‘plural societies’, which need
build a liberal, secular and democratic model.
·
It
would counter balance Pakistan
from using the Islamic card against India
·
It
would provide opportunities for constructing oil and natural gas pipelines in
the future.
·
Kazakhastan
is rich in petroleum, iron ore, and other minerals.
·
Uzbekistan has large
gold deposits and it is a major cotton producer; Tajikistan
·
Turkmenistan India
·
India
IMPORTANT CONTENT FOR UPSC(MAINS) AND UPPSC(MAINS), PORTANT CONTENT FOR UPSC(MAINS) AND UPPSC(MAINS),
Sunday, 19 June 2016
Indian Polity:Various Commissions and Councils
Various
Commissions and Councils
Finance
Commission
The Finance
Commission of India came into existence in 1951. It was established under Article
280 of the Indian Constitution by the President of India. It was
formed to define the financial relations between the centre and the state.
Functions
of the Finance Commission
1. Distribution of net proceeds of
taxes between Centre and the States, to be divided as per their respective
contributions to the taxes.
2.
Determine factors governing Grants-in
Aid to the states and the magnitude of the same.
3. Work with the State Finance
Commissions and suggest measures to augment the Consolidated Fund of the
States so as to provide additional resources to Panchayat and Municipalities in the state.
National
Development Council
It is the apex body for decision making and
deliberations on development matters in India, presided over by the Prime
Minister. It is an also an extra constitutional and non statutory body. The Council, which
was reconstituted on October, is the highest decision-making authority in the
country on development matters.
The Council comprises the
Prime Minister, the Union Cabinet Ministers, and Chief Ministers of all States or
their substitutes, representatives of the Union Territories and the members of
the Planning Commissions.
The
functions of the Council are:
1. To
prescribe guidelines for the formulation of the National Plan, including the
assessment of resources for the Plan
2. To
consider the National Plan as formulated by the Planning Commission;
3. To
consider important questions of social and economic policy affecting national
development; and
4. To
review the working of the Plan from time to time and to recommend such measures
as are necessary for achieving the aims and targets set out in the National
Plan.
Public
Service Commission
The Union
Public Service Commission has been established under Article 315 of the Constitution of India.
The
Commission consists of a Chairman and ten Members.
The terms
and conditions of service of Chairman and Members of the Commission are
governed by the Union Public Service Commission (Members) Regulations, 1969.
Duties
and Roles
1.
Recruitment to services & posts under the Union through conduct of
competitive
examinations;
2.
Recruitment to services & posts under the Central Government by Selection
through Interviews;
3. Advising
on the suitability of officers for appointment on promotion as well as transfer-on deputation;
4. Advising
the Government on all matters relating to methods of Recruitment to various
services and posts;
5.
Disciplinary cases relating to different civil services; and
6.
Miscellaneous matters relating to grant of extra ordinary pensions,
reimbursement of legal expenses etc
Election
Commission
Election
Commission of India is a permanent Constitutional body. Originally the
commission had only a Chief Election Commissioner. It currently consists of
Chief Election Commissioner and two Election Commissioners; it had only the
Chief Election Commissioner before 1989. The concept of multi-member Commission
has been in operation since 1993, with decision making power by majority vote.
Powers
of Election Commission
1. Article 324(1) confers
the power of superintendence
direction, control and conduct of all election includes the preparation of
electoral rolls to the Houses of Parliament and State Lower Assemblies
and to the offices of President and Vice-President.
2. The
Supreme Court in Kartiya
Lal Omar Vs R.K. Trivdei (1985) case upheld the power of Election Commission
to formulate the above orders. The Court stated that the power of
superintendence direction, control and conduct of elections shall be
interpreted in the light of holding fair and free elections in the country.
Therefore these terms shall be given widest possible meaning.
3. The
Election Commission is also given the responsibility of holding fair and free
election in the country. Armed with its power under article 324(2) the Election Commission
has taken measures in the form of Executive orders namely:
(i) Conduct
of Election Rules 1961.
(ii)
Election Symbols (Reservation and Allotment.
The Supreme
Court also held that the power conferred on Election Commission under article
324(1) is plenary in
nature (uncontrolled by the Executive). It operates in areas left
unoccupied by legislature. The powers of the Election Commission under article
324(1) is also a reservoir of powers which is limited only by following two
conditions:
1. If the Parliament or the State
legislature has made a valid law relating to or in connection with elections
the Election Commission shall act in conformity with such law, but where such a
law is silent or makes insufficient provisions to deal with a given situation
in the conduct of elections then Article 324 confers reservation of powers on Election Commission
to ensure free and fare elections. The Election Commission can take any
decision to fill up the void in the election laws made by Parliament or the
State Legislature.
2. The
Election Commission shall confirm to the role of law, shall act bona fide and
amenable to
the principles of Natural
Justice.
The Supreme
Court has also clarified that the Election Commission cannot defy the law made by Parliament; armed
with the powers under article 324 nor the Election Commission can act
arbitrarily. Its decision
is subject to Judicial Review. Further, its powers are to be used in
supplement to but not to supplant (suppress) a valid law made by the
legislature.
The
responsibility of holding elections and deciding on the election schedule is
given to the sole authority of the Election Commission.
Chief
Election Commissioner
The
President of India appoints the Chief Election Commissioner and two Election
Commissioners.
Service
conditions of Chief Election Commissioner:
1. Chief
Election Commission shall be appointed for a term of 6 years or till he attain an age of 65 years or
which of the two is earlier.
2. He is
ineligible for reappointment
after his retirement.
3. He is
ineligible to hold any office
of profit under the State after his retirement.
4. His
salary, allowances and pensions are charged under Consolidated Fund of India
(CFI).
5. His
salaries, allowances and pensions cannot be reduced except during a financial emergency.
Election
Commissioners
The
Election Commissioners are appointed by the President and the President need not have to
consult Chief Election Commissioner in this regard. However the Election Commissioners shall
not be removed except on the recommendation of Chief Election Commissioner.
Further,
the Election Commission (condition of service of the Election Commissioners and
Transaction of Business) Act 1991 has laid down the following service
conditions:-
1. An
Election Commissioner is appointed for a term of 6 years or till he attains the
age of 65 years, whichever is earlier.
2. An
Election Commissioner is eligible to be appointed as Chief Election Commissioner provided cumulatively his term as CEC and Election
Commissioner shall not exceed 6 years.
3. He is
not eligible to hold any office of profit after his retirement.
The
role of the CEC in the removal of an Election Commissioner
Article
324(5) states that an Election Commissioner shall not be removed except on the
recommendation of the Chief Election Commissioner.
The legal question
is whether the Chief Election Commissioner enjoys suo moto powers under article
324(5) to initiate the process of removal of an Election Commissioner or he
shall act only on a reference made by the executive.
The Supreme
Court has not explicitly pronounced the legal position on this issue. However
in S.S. Dhanoa Vs Union of India 1991 case the Supreme Court said that the
Chief Election Commissioner had to be provided by a higher degree of protection
under the Constitution because he alone was intended by the founding fathers to
be permanent incumbent of Election Commission.
The same
level of non removability could be extended on Election Commissioners because
the Constitution gives discretion to Executive to decide on the composition and
strength of Election Commissioner depending upon the workload of Election
Commission.
Having insulated the Chief Election
Commissioner from external, political or executive pressure the Constitution
makers have placed confidence in independent functioning of the Chief Election Commissioner
to protect the independence of the Election Commissioners by providing that
they shall be removed only on the recommendation of Chief Election
Commissioner.
In TN Seshan Vs Union of India 1995 case the
Supreme Court proudly upheld the above view and stated that the Election
Commissioners are placed under the protective umbrella of an independent Chief
Election Commissioner.
Under article 324(5) the recommendation made by
the Chief Election Commissioner shall have to be based on intelligible
and cogent considerations because article 324(5) is designed to protect the independence
of the Election Commissioners and more importantly to protect the Election Commissioners
as a body from political or executive arbitrations.
The Court
specifically held if the power of the Chief Election Commissioner in this
regard were to be exercised by him as per his whims and fancies, the Chief Election Commissioner himself would
become an instrument of oppression and would destroy the independence of the
Election Commissioners.
The
Election Commission has been made a multimember commission consisting of
coequals with equal voting powers and status. If the suo moto powers are
conferred on Chief Election Commissioner it will act against the principle of
coequals and the Election Commissioners will be forced to the line of Chief Election
Commissioner.
Moreover,
when Mr. B.B. Tandon was the Chief Election Commissioner the Election
Commission has recommended to the Centre that the removal of Election
Commissioners shall be made similar to that of Chief Election Commissioner.
Which indicates the Election Commission as a body was not in favor of the Chief
Election Commissioner enjoying suo-motu power on removal of an Election
Commissioner.
Zonal
Council
The purpose
of Zonal council is to group four or five states into zones having an Advisory
Council "to develop the habit of cooperative working” among these States.
This suggestion was made by Pandit Nehru at a time when linguistic hostilities
and bitterness as a result of reorganization of the States on linguistic
pattern were threatening the very fabric of our nation.
The purpose was to create healthy inter State and
Centre-State environment with a view to solve inter- State problems and foster
balanced socio economic development of the respective zones.
Composition
of Zonal Councils
Five Zonal Councils were set up vide Part-III of
the States Re-organisation Act, 1956. The present composition of each of
these Zonal Councils is as under:
· The Northern Zonal Council,
comprising the States of Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab,
Rajasthan, National Capital Territory of Delhi and Union Territory of
Chandigarh (J&K,P,H,H,RAJ,D,C)
The Central
Zonal Council, comprising the States of Chhattisgarh, Uttarakhand, Uttar
Pradesh and Madhya Pradesh(UUMC)
The Eastern
Zonal Council, comprising the States of Bihar, Jharkhand, Orissa and West
Bengal (BJOW)
The Western
Zonal Council, comprising the States of Goa, Gujarat, Maharashtra and the Union
Territories of Daman & Diu and Dadra & Nagar Haveli(GMGD&N)
The
Southern Zonal Council, comprising the States of Andhra Pradesh, Karnataka,
Kerala, Tamil Nadu and the Union Territory of Puducherry.(KKTAP)
The North
Eastern Council Act, 1972 constitute the North Eastern Council comprising of
seven North Eastern state along with Sikkim.(7+1)
Interstate
Council
Interstate
council was formed on the recommendations
of Sarkaria Commission, on 28th May 1990 under Article 263 of the Constitution for
co-ordination of Inter-State matters.
Composition
of the Council
1. Prime
Minister (Chairman)
2. Chief
Ministers of all States
3. Chief
Ministers of Union Territories having a Legislative Assembly and Administrators
of UTs not having a Legislative Assembly and Governors of States under President’s
Rule (Governor’s Rule in the case of J&K)
4. Six Ministers of Cabinet rank
in the Union Council of Ministers to be nominated by the Prime Minister
5. Four Ministers of Cabinet rank
as Permanent invitees
Functions
of the Council
1.
Investigating and discussing such subjects, in which some or all of the States
or the Union and one or more of the States have a common interest, as may be
brought up before it;
2. Making
recommendations upon any such subject and in particular recommendations for the
better coordination of policy and action with respect to that subject; and
3.
Deliberating upon such other matters of general interest to the States as may
be referred by the Chairman to the Council
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,VAJIRAM AND RAVI, IAS Preparation, Free Study Materials and Notes for IAS
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Vice President of India AND Attorney
General of India ,electoral
college, single ,transferable vote, House of Parliament,
Council of States, simple
majority
Appointment of Attorney General of India ,Duties of
Attorney General of India, Various Commissions and Councils , Finance
Commission of India, Distribution
of net proceeds of taxes ,Planning Commission, National
Development Council, Public Service Commission , Union Public Service Commission, Election
Commission, Kartiya Lal Omar Vs R.K.
Trivdei (1985) , Election Symbols, Natural Justice, Service conditions of Chief Election
Commissioner, The role of the CEC in the removal of an Election Commissioner,
Zonal Council, Interstate Council , Sarkaria Commission, Composition of the Council
Indian Polity : Vice President of India AND Attorney General of India
Vice
President of India AND Attorney General of India
Vice
President of India
The
Vice-President is elected by an electoral college consisting of members of both
Houses of Parliament, in accordance with the system of proportional representation by means of the single
transferable vote and the voting in such election is by secret ballot.
The Electoral College to elect a person to the office of the Vice-President
consists of all members of both Houses of Parliament.
The
Vice-President should not
be a member of either House of Parliament or of a House of a Legislature of any
state. If a member of either House of Parliament or of a House of a
Legislature of any state is elected as Vice-President, he is deemed to have
vacated his seat in that House on the date he/she enters his office as
Vice-President.
A person
cannot be elected as Vice-President unless she/he -
1. is a citizen of India
2. has completed the age of 35 years
3. is qualified for election as a member of the Council of States
(Rajya Sabha).
4. he holds any office of profit under the Government of India or a
State Government or any subordinate local authority
Removal
of Vice President
The
Constitution states that the Vice President can be removed by a resolution of
the Rajya Sabha passed by an absolute
majority (more than 50% of total membership) and agreed to by a simple majority (50% of voting
members) of the Lok Sabha (Article 67(a)).
Attorney
General of India
The
Attorney General of India is the first law officer of the government of India.
Appointment
of Attorney General of India {Article 76(1)}
The Article
76(1) states that the Attorney General of India is appointed by the President.
In order to be appointed as the Attorney General a person must be qualified to
be appointed as a judge of the Supreme Court.
Duties of
Attorney General of India
(1) To give advice to the Government
of India on legal matters.
(2) To
perform other legal duties that are referred or assigned to him by the
President.
(3) To
discharge functions conferred on him by the Constitution or any other law.
In the
performance of his duties the Attorney General of India shall have the right of
audience in all the courts in India.
He is also entitled to take part in the proceedings of
the Parliament and the Parliamentary Committees without the right to vote.
He represents the Union and the States before the courts but
is also allowed to take up
private practice provided the other party is not the State. Because of
this Attorney General of India is not paid salary but a retainer to be
determined by the President. He gets retainer equivalent to the salary of a
Judge of the Supreme Court.
Appointment of Attorney General of India is a political
appointment and therefore, whenever there is a change in the party in power
the Attorney General of India resigns from his post to enable the new Government
to appoint a nominee of its choice.
The Attorney General is
assisted by two Solicitors-General and 4 Additional Solicitors-General.
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KEYWORDS: PARLIAMENT, OUR PARLIAMENT,
FREE CIVIL SERVICES STUDY MATERIAL, IAS STUDY MATERIAL, IAS COACHINGS ,RAU’S
,VAJIRAM AND RAVI, IAS Preparation, Free Study Materials and Notes for IAS
Preparation, Civil Services Preliminary Exam Paper, Download UPSC Civil Service
Material,
FREE CONTENT FOR HINDI MEDIUM, history
of constitution of india in hindi,FREE history of constitution of india in
hindi, constitution of india in hindi,preamble of constitution of india in
hindi ,articles of constitution of india in hindi,complete indian constitution
in hindi,schedules of indian constitution,fundamental duties,directive
principles of state policy,critical analysis of directive principles of state
policy
Vice President of India AND Attorney
General of India ,electoral
college, single ,transferable vote, House of Parliament,
Council of States, simple
majority
Appointment of Attorney General of
India ,Duties of
Attorney General of Ind
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