Indian Administration – Constitutional Context
- The constitution is the highest law of a country. It describes the basic principles on which the system of government and administration of a country rests.
- The constitutional context of Indian administration is sheltered from their authority and political structures of Indian administration, which have been determined by the Indian Constitution. In other words, we can say that the nature, structure, power and role of Indian administration is determined and influenced by the principles and provisions of the Indian Constitution.
- The Constitution of India was created by the Constituent Assembly formed in the year 1946 under the Cabinet Mission Plan. The President of this Constituent Assembly was Dr. Rajendra Prasad – Dr. B.C. R. Ambedkar was the chairman of the seven-member draft committee that drafted the constitution. The Constituent Assembly took two years, 11 months and 18 days to prepare the Constitution.
- The Indian Constitution was adopted on 26 November 1949 and came into effect from 26 January 1950. From this day onwards India became a republic.
- The Indian Constitution is one of the written and extended constitutions of the world. Originally this constitution had 22 chapters, 395 articles and 8 schedules. At present, it consists of 24 chapters, approximately 450 paragraphs and 12 schedules.
- India has been declared a sovereign, socialist, secular and democratic republic by the Preamble of the Constitution. In addition, the objectives of the Constitution have given prominence to justice, liberty equality and the spirit of brotherhood. In the Preamble of the Constitution, the words socialist and secular have been added by the 42nd Constitution Amendment Act, 1976.
Various aspects of the constitutional context of Indian administration are explained under the following headings-
- Fundamental Rights
- Directive Principles of State Policy
- Fundamental Duties
- Federal system
- Legislative Relations between Center and State
- Administrative relations between Center and State
- Financial relations between the center states
- Parliamentary system
- Constitution – A Glance
- 10. Schedules of the Constitution
- Fundamental Rights Fundamental Rights
- The fundamental rights are mentioned in Articles 12 to 35 in Part Three of the Constitution. The framers of the Constitution were inspired in this context by the Constitution of the United States of America (Bill of Rights).
- The constitution guarantees the fundamental rights of Indian citizens. It means two things – First Parliament can revoke these rights or reduce it only by amending the constitution and this amendment can be done only according to the procedure mentioned in section 368 of the constitution.
- The responsibility of protecting these rights lies with the Supreme Court. That is, to enforce fundamental rights, the aggrieved person can directly knock the door of the Best Court.
- Fundamental rights are justified, but not absolute. The government may impose equitable sanctions on them, but the justification or impropriety of these restrictions is decided by the Supreme Court.
- These rights protect the liberties and rights of citizens against encroachment by the state.
- According to Article 12 of the Constitution, the state includes all local and other authorities within the Government of India, the governments of the Parliament and the States, the Legislative Assemblies and within the territory of India or under the control of the Government of India.
- All courts can declare the laws and executive orders of the legislature violating any fundamental right unconstitutional and illegal (Article 13).
- Fundamental rights are to promote the ideals of political democracy and to curb the tendency of totalitarian rule in the country.
- The Constitution originally provided for 7 fundamental rights. Right to property has been removed from the list of Fundamental Rights through the 44th Amendment Act 1978 of the Constitution. So now there are only 6 fundamental rights viz.
Right to parity
- Equality before law (law) or equal legal protection (Article 14)
- Prohibition of discrimination on the basis of religion, origin, caste, sex and place of birth (Article 15)
- Equality of opportunity in public employment matters (Article 16)
- End of untouchability (untouchability) and ban on any such conduct (Article 17)
- End of titles (except military and academic titles) (Article 18)
Right to freedom
- Article 19 to all citizens
- Speech freedom (freedom of speech) and freedom of speech
- Peaceful and Disarmed Freedom of Conference
- Freedom to form organization or association
- Freedom to roam freely in the territory of India
- Freedom to settle and live in any part of the territory of India
- Any business, occupation, trade and freedom of doing business will be acquired.
- Protection regarding conviction for offenses (Article 20)
- Protection of life and liberty (personal) (Article 21)
- Right to Early Education (Article 21A), which has been added by the Constitution Amendment 2002 in 86th.
- Protection from arrest and detention under certain circumstances (Article 22)
right against exploitation
- Restrictions on human trafficking and forced labor (Article 23)
- Prohibitory ban on employment of children below 14 years of age in factories (Article 24)
- Right to religious freedom
- Freedom of consummation and persuasion, conduct and propagation of religion (Article 25)
- Freedom of religious programs (Article 26)
- Freedom of payment of tax for the promotion of a particular religion (Article 27)
- Freedom of religious education or religious worship in educational institutions (Article 28)
- Cultural and rights
Protection of interests of minorities in relation to language script and culture (Article 29)
Right of minorities to establish and administer educational institutions (Article 30)
Right to constitutional remedies
- The right to decide the Supreme Court to enforce fundamental rights is guaranteed.
- The Supreme Court shall have the power to issue instructions or orders or writ to enforce the fundamental rights, including habeas corpus, mandamus, prohibition, officer’s quo and indictment writ (Article 32).
Directive Principles of State Policy
- The Directive Principles of State Policy are mentioned in Articles 4 to 51 in Part 4 of the Constitution. This noble idea is inspired by the constitution of Ireland.
- These principles are fundamental for the administration of the country, so it is the responsibility of the state to comply with them while framing laws. These principles differ from the fundamental rights in the following context-
- Fundamental rights can be justified, while directive principles cannot be justified, so they cannot be enforced by the court if these principles are violated.
- The fundamental rights are aimed at protecting the citizens from the strict action of the state and guaranteeing them political independence, while the objective of the Directors is to ensure social and economic independence through appropriate action by the state.
Director (assessment) elements can be divided into the following three categories based on their nature-
- Welfare theory
- Gandhian doctrine
- Post-intellectual theory
- Welfare theory
To promote a sense of well-being in people, the society will maintain order – social, economic, and political – and minimize inequality in income, status, facilities and opportunities (Article 38).
The state will conduct its policy in such a way that-
- To ensure the right to adequate means of livelihood for all citizens.
- Ensuring equitable distribution of material resources of the community for the benefit of the general public.
- Efforts will be made to curb the means of production and decentralization of wealth
There should be equal pay for equal work for men and women.
- Protection of workers’ power and health and protection of children against forced labor.
- Opportunities should be available for healthy development of children.
- Promoting equal justice and providing free legal aid to the poor (Article 39A).
- The right to get employment and education and to get public assistance in the event of unemployment, old age and disability (Article 41).
- There should be a provision for maternity assistance according to the just and humane conditions of work (Article 42).
- There should be availability of dignified standards of living and cultural opportunities for all workers.
- To take steps to ensure the participation of workers in the management of industries (Article 43A).
- To raise the level of livelihood and nutrition levels and improve public health (Article 47).
- Formation of Gram Panchayats and empowering them with necessary powers and authorities so that they can function as units of self-government (Article 40).
- To promote cottage industry in rural areas on individual or cooperative basis (Article 43).
- Promoting the educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections and protecting them from social injustice and exploitation (Article 46).
- Restrictions on the consumption of intoxicating substances harmful to health (Article 47).
- To prohibit the slaughter of cows, calves and other milch and desert animals and improve their breed (Article 48).
Liberal intellectual theory
- Implementation of Uniform Civil Code for citizens all over the country (Article 44).
- Providing early care and education for all children till the age of 6 years (Article 45).
- Organizing agriculture and animal husbandry on modern and statutory basis (Article 48).
- To protect and improve the environment and to take measures to protect forests and wildlife (Article 48A).
- Protection of declared monuments, places and artistic objects of national importance or places of historical importance, etc. (Article 49).
- Separating the executive from the judiciary in the public services of the state (Article 50).
- Promoting international peace and security, maintaining just and respectful relations between nations, promoting respect for international law and treaty agreements and encouraging resolution of international disputes by arbitration (Article 51).
- The original constitution did not mention fundamental duties.
- Fundamental duties in the Constitution were incorporated by the 42nd Constitution Amendment Act 1976 on the recommendation of Swarn Singh Committee.
- Another duty has been added to the Constitution by the 86th Constitution Amendment Act 2002.
- These duties are mentioned in Article 51 of Part 4A of the Constitution.
- These duties are just like the Directive Principles, which cannot be justified – in the Constitution, there is no provision for direct enforcement of these duties. Apart from this, there is also no provision for taking legal action as punishment for their violation.
According to the Constitution, every citizen of India shall have a duty to –
- Follow the constitution and respect its ideals, institutions, national flag and national anthem.
- Preserve and follow the high ideals that inspired our national movement for freedom.
- Protect India’s sovereignty, unity and integrity and keep it intact.
- Protect the country and serve the nation with urgency on call.
- Spread the spirit of harmony and brotherhood among the citizens of India that goes beyond religion, language and region or class based discrimination and abandons practices which are against the honor of women.
- Understand the importance of the glorious tradition of mixed culture of India and preserve it.
- Protect environment, forests, lakes, rivers and wildlife and have compassion for nature.
- Develop scientific outlook, humanism and the spirit of learning and reform.
- Protect public property and abstain from violence.
- In all areas of individual and collective activities, Utkarsh will strive constantly to grow, so that the nation can progress and touch new heights of achievement.
- Provide education opportunities for children between 6 to 14 years of age to their children or dependents (this was added by the 86th constitution amendment in 2002).
The Indian constitution has a provision of the federal government.
All the powers in a single government are vested in the central government and the state governments get their rights from the central government.
In the federal government, through the Constitution, all powers are divided between the central government (national government or federal government) and the state governments, and both governments operate independently in their respective jurisdictions.
The federal features of the Indian Constitution are as follows:
Duplex Policy – The Constitution has a duplex policy provision (dual government), which includes the Union at the Central level and the States at the field level.
Division of powers- According to the seventh schedule of the constitution, the powers are divided between the Center and the States in the context of the Union List, State List and Concurrent List.
Written Constitution – A Constitution of India is a written constitution which defines the organization powers and boundaries of both the Central and State Governments.
Supreme Constitution- The Constitution is the highest law of the country and the laws of the Center and the States should be in accordance with the Constitution.
Inflexible Constitution – The Indian Constitution is an inflexible constitution, because any amendment to the federal policy (ie Central State Relations and Judicial Organization) is done by the Center with the approval of most states.
Independent Judiciary – In the Constitution of India, there is a provision of independent judiciary, considering the Supreme Court as paramount.
The Supreme Court resolves disputes between the Center and the States or States.
The Supreme Court, using its powers of judicial review, maintains the supremacy of the constitution, that is, the laws and rules of the Central and State Governments can be invalidated which is against the provision of the Constitution.
Bicameral system – In the federal system, there is a provision of a two-house legislature, that is, the upper house (Rajya Sabha) and the lower house (Lok Sabha). The Rajya Sabha represents the states of the Union of India and the Lok Sabha represents the entire Indian society.
In addition to the above federal features, the following non-federal or (unitary features) of the Constitution are also-
Provision of a constitution system for both the Center and the States (except the state of Jammu and Kashmir which has its own separate constitution and this state has special status as per the provisions of Article 370 of the Indian Constitution).
The Constitution has provided full strength to the Center by giving more powers to the Center.
The constitution has more flexibility than rigidity, as most of its parts can be amended by Parliament alone.
Parliament can change the boundaries and names of Indian territory and states through simple majority (Article 3).
On the resolution passed in the interest of the nation by the Rajya Sabha, Parliament can make laws related to the subject of the State List (Article 249).
The constitution provides for single citizenship, ie equal Indian citizenship for all people in all states and union territories.
There is a provision of a unified and single judicial system headed by the Supreme Court to implement the laws of the Central and State Governments.
The Governor has the highest status in the state, which can be appointed and removed from office at any time by the President. The Governor also acts as an agent of the Center (Articles 155 and 156).
The states of the Indian Union are represented in the Rajya Sabha unevenly on the basis of population.
The Constitution provides for all-India level services – Indian Administrative Service, Indian Police Service and Indian Foreign Service (Article 312).
Officers of these services provide services in high positions in state administration and are appointed and appointed by the deputation center.
Through the Constitution, centers can gain extraordinary powers during national, provincial and financial emergencies.
There is a provision of electoral system at the central level in the constitution for parliamentary and assembly elections (Article 324).
The accounts of the states are audited by the Comptroller and Auditor General of India. They are appointed and removed by the President.
Thus, the Indian Constitution is different from the traditional federal system in which many single and non-federal elemental features exist, as well as giving more powers to the center.
The word Federation (Union) is not used in the Constitution. On the other hand, in Article 1 of the Constitution, India has been declared as a Union of States. Constitutionalists, inspired by this, have dared to challenge the federal character of the Indian Constitution.
Pro. K. C. Wheare commented on the Indian constitution as quasi-federal. The Indian Union is a unitary state with subsidiary federal characteristics and not a federal state with subsidiary unitary characteristics. Thus Ivor Jennings considers the Constitution to be a union with a center-free tendency.
Grenville Austin described Indian federalism as cooperative federalism. Austin believes that although a strong central government has been created through the Indian Constitution, it has had no impact on state governments, meaning that state governments have neither been weakened nor have they been given central government policies to work. The administrative agency concerned with the form has been confined to the level of mere.
Dr. B. R. Ambedkar had said that the Indian political system is both unitary and federal according to the needs of time and circumstances. According to him, the states’ preference for union sentences over states is indicative of two things – 1. The Indian Union is not the result of an agreement between the Indian states like the American Union, and 2. The states do not have the right to secede. is. A union is an anomaly because it is indestructible.
The Indian system is based on the Canadian model and not the US model.
Center state financial relations
Articles 245 to 255 of the Constitution mention the legislative relations between the Center and the States in the Indian federal system. This topic has also been mentioned in some other paragraphs, whose description is as follows:
Territorial extension limit of central and state legislation
Parliament can legislate all over India or for any region of India. Other areas covered for the time being are included in the State, Union Territory and City of India under the Indian territory.
The Legislative Assembly of the state can make laws for the entire state or any part of the state. Laws made by the State Legislative Assembly may not apply outside the state.
Legislative Parliament can only be formed for outside a region. Thus the laws of Parliament apply to Indian subjects and their assets in any part of the world.
Legislative division of subjects
Parliament has special power to the effect that the Union can make laws related to any subject specified in the list. This list currently contains 100 subjects (originally 97 subjects), the main ones of which are defense, banking, foreign, currency, nuclear power, insurance, communication, inter-state trade and commerce etc. Service tax is the subject of newly added (2003).
The State Legislative Assembly and the general circumstances have special power to the effect that the state can make laws related to any subject specified in the list. This list currently includes 61 subjects (originally 66 subjects), the main ones being – law and order and police, public health, sanitation, agriculture, prisons, local government, fisheries etc.
Parliament and state legislatures – both have the power to make laws related to any subject specified in the concurrent list. Apart from this, in case of dispute between the Central and State law on any subject specified in this list, the Central law is valid and not the law of the state. The concurrent list currently consists of 52 topics (basically) 47 topics, including Criminal Law and Procedure Law, Civil Procedure Marriage and Divorce Forest, Education, Economic and Social Planning, Drugs, Newspapers, Books and Press and other subjects. Through the 42nd Amendment Act-1976 of the Constitution, concurrent list of 5 subjects namely Education, Forest, Weighing, Protection of Wildlife and Parties and Administration of Justice and Working of all Courts except the Supreme and High Courts – through the State List. I have been included and moved.
Parliament also enjoys special power to make laws related to the subjects included in any of the three lists. According to the constitution, the remaining powers are with the center. These powers include the power to make taxation laws (which are not mentioned in the above lists). There is a provision by the court to decide whether a particular subject falls within the remaining persons.
Laws related to the topics included in the state list
Parliament has been empowered through the Constitution to make laws related to any subject specified in the state list in the following unusual circumstances-
It is in the interest of the nation that the resolution be passed with a two-thirds majority in the Rajya Sabha (Article 249).
In the event of a national emergency declared (Article 250)
On joint request to Parliament by two or more states (Article 252)
To give effect to international agreements, treaties and seminars (Article 253)
In case of imposition of President’s rule in the state (Article 356)
Center’s control over law making of the state
The center also has control over the matters related to law making of the state. The details are as follows-
The Governor may stop any bill passed by the State Legislative Assembly for consideration of the President (Articles 200 and 201).
Bills related to the subjects included in the State List can be brought in the State Legislative Assemblies only with the prior approval of the President. For example- Bills for banning the freedom of trade and commerce fall under this category (Article 304).
In the event of national financial emergency, you can stop the currency bill and finance bill passed by the state legislative assembly for consideration (Article 360).
Central State Administrative Relations
In our federal system, different aspects of Madhya Pradesh administrative relations between the center and the states are as follows:
Limitation of executive powers of Center and States
The executive powers of the Center will be extended to the subjects of which Parliament can make laws related to it and exercise the authority, authority and jurisdiction that can be exercised by the Center through any treaty or agreement.
The executive power of the state will be extended to the subjects related to which the Legislative Assembly can make laws.
The executive power of a state will also extend to the subjects included in the concurrent list, which can make laws related to both the state assembly and parliament. However, in this context, the executive power of the state will depend on the executive power conferred on the Center by the Constitution or by any law of Parliament.
Center and state bond
Each state shall exercise its executive powers in accordance with the law made by Parliament.
The executive power of the Center also includes the directive to a state for the said essential purpose.
Center’s control over the state in relation to certain subjects
States will use their executive and powers in such a way that the executive powers are not disregarded. The executive power of the Center also includes the directive to a state for this essential purpose.
The executive powers of the Center also include directing the State to construct and maintain communication channels of national and military importance and to take measures for the safety of the rail route coming within the state’s border.
Responsibility of work on states by central
The President, with the consent of the concerned state, may place the Governor responsible for the work related to those subjects in respect of which the Center has executive power.
In relation to a subject included in the Union List, Parliament may charge power to a state through law, as well as power, or for this, the center may be authorized, irrespective of the consent of the state. .
States to be charged responsibility
The Governor of a State may, with the consent of the Center, place it at the center of the responsibility of the work related to the subjects in respect of which the State has executive power.
Parliament can make provision for resolution of any dispute related to the use, distribution and control of water of an inter-state river and valley. Parliament can also make a provision that no authority will be exercised by such a court of law nor by any other court in relation to such disputes (Article 262).
Public Act Records and Judicial Proceedings
Public acts, records and judicial proceedings of the Center in the entire region of India will be credited with full devotion.
The manner and conditions of determining the appropriateness and effective results of public acts, records and judicial proceedings shall be decided by the Parliament.
The decisions and orders passed by the Civil Court in any part of the whole region of India may apply in any part as per law.
Under Article 263 of the Constitution, the President can define (define) the duties, organization and procedure of the Inter-State Council by constituting it. The works to be entrusted to this council in the following manner are mentioned in the constitution-
Advising inquiry into disputes between states,
Discussions on topics of interest to both the Center and the state and,
Especially to make recommendations related to any subject like better coordination between policy and action.
One such council was formed in 1990 by the President on the basis of the recommendations of the Sarkaria Commission on Center-State relations. The Chairman of the Commission included the Prime Minister (then) and the members-
Chief Ministers of all the States and Union Territories having Legislative Assembly
Administrators of Union Territories without legislatures, and;
6 Union Cabinet Ministers nominated by the Prime Minister, including the Home Minister.
The Inter-State Council Order 1990 provides that the Council shall meet at least 3 times in a year. The Council is a body form which makes recommendations related to matters relating to inter-State relations, Center-State relations and Union Union Territory relations.
The purpose of the Council is to promote synergy between the Center, States and Union Territories by examining and discussing such topics.
Regional councils are constitutional bodies (not constitutional bodies). They were formed by an Act of Parliament (was the State Reorganization Act of 1956) of Parliament.
Through this act, the country was divided into 5 regions and a regional council was made for each region. These areas are as follows:
Northern Region – Jammu and Kashmir, Himachal Pradesh, Haryana, Punjab, Rajasthan, Delhi and Chandigarh, Headquarters New Delhi.
Central Region – Uttar Pradesh, Uttarakhand, Chhattisgarh and Madhya Pradesh, Headquarters Allahabad.
Eastern Region – Bihar, Jharkhand, West Bengal and Orissa, Headquarters Kolkata.
Western Region – Gujarat, Maharashtra, Goa, Dadra & Nagar Haveli and Daman & Diu, Headquarters Mumbai.
Southern Region – Andhra Pradesh, Karnataka, Tamil Nadu, Kerala and Puducherry, Headquarters Chennai.
Each of the regional councils consists of-
Central home minister
Chief Ministers of all states under the area
Two ministers from each state under the territory
Administrators of each Union territory under the territory
In addition, the following persons can be associated as advisors of the regional council (who will not have the right to vote in the seats) –
A person nominated by the Planning Commission
Chief Secretary of each state government under the area
Development Commissioners of each state under the area
The above 5 regional councils are headed by the Union Home Minister. The state Chief Minister is the Vice President of the Council for one year in turn.
The purpose of the regional council is to promote cooperation and coordination between states, union states and the center. After deliberations, the regional councils make recommendations related to common topics like economic and social planning, linguistic minorities, border disputes, inter-state transport etc.
Is a body providing regional councils and consultancy services.
In addition to the above regional councils, the North Eastern Region Council was also constituted by a separate Parliament Act- North Eastern Council Act-1971. The council tackles the common problems of Assam, Manipur, Mizoram, Arunachal Pradesh, Meghalaya, Nagaland and Tripura. In the year 1944, Sikkim was included as the eighth member of the Council.
Center state financial relations
The 80th Amendment (2000) and 88th Amendment (2003) made several major changes in the Center-State financial relations.
The 80th amendment was the recommendation of the 10th Finance Commission that 29 per cent of the total income from central taxes and tariffs should be given to the states. This is known as the Alternative Scheme of Transfer Scheme.
With retrospective effect, the scheme came into force from 1 April 1996. This amendment abolished Article 272 (taxes levied and collected by the Center and distributed between the Center and the States).
The 88th amendment has added a new unfair 268 (A), which relates to service tax. It has also added a new topic to the Union list, which is in the form of Entry 92-C (Taxes on Services).
The current situation in this regard after these two amendments is as follows:
Taxation power of center and states
In the Constitution, the taxation powers have been divided between the Center and the States in the following ways:
The Parliament has a specific power to promulgate the taxes mentioned in the Union List. There are 15 taxes of this type.
The State Legislature has the exclusive power to promulgate the taxes mentioned in the list. The number of these types of crores is 20.
The Parliament and the State Legislature can both raise taxes mentioned in the Concurrent List. There are 3 taxes of this type.
The residual power of taxation (power to levy taxes not mentioned in any of the 3 lists) is with Parliament. Parliament has levied gift tax, estate tax and expenditure under this provision.
Under the constitution, a tax has been distinguished between the power to levy and collect taxes and thus the power of appropriation of proceeds by levying and collecting them. For example, income tax is collected and collected by the center but its income is distributed between the center and the states.
Tax levied by the Center but collected and appropriated by the States (Article 268)
The following taxes and tariffs fall in this category-
Stamp duty on exchange letter, check, insurance policy, promissory note, share transfer etc.
Production duty on medical and cosmetics containing alcohol and intoxicants.
The proceeds of these charges levied within a state are not a part of the accumulated fund of India, but are handed over to that state.
Service tax levied by the Center and collected and appropriated by the States (Article 268A)
Taxes on services are acquired by the center, but their proceeds are collected and appropriated by the center and the state.
The principles of their collection and appropriation are framed by the Parliament.
Taxes levied and collected by the Center but assigned to the States (Article 269)
Under this category, we do the following:
Tax on the sale or purchase of goods (except newspapers) in the flow of inter-state trade or commerce.
Tax on remittance of goods under the influence of inter-State trade or commerce.
The auspicious proceeds of these crores are not included in the Consolidated Fund of India. These are handed over to the respective states according to the principles laid down by the Parliament.
Tax levied and collected by the Center but distributed between the Center and the State (Article 270)
This category includes all taxes and tariffs mentioned in the Union list except the following-
Taxes and tariffs described in Articles 268, 268-A and 269 (mentioned above)
Taxes and surcharges mentioned in Article 271 (mentioned below) and,
Any cess levied from specific sponsorships.
The net proceeds of these bills and tariffs are distributed in the manner prescribed by the President on the recommendation of the Finance Commission.
Surcharge on taxes tariffs for the purposes of the Center (Article 271)
The Parliament may at any time impose a surcharge on the taxes and tariffs mentioned in Articles 269 and 270 (mentioned above).
The proceeds of such surcharges especially go to the center. In other words, states have no part in these surcharges.
Imposed, stored and passed by states
These taxes are levied only by the states. The number of such taxes is 19, which is mentioned in the state list.
Each state has the right to collect, store and deploy these bills. Some of these taxes are as follows.
Per capita tax
Succession of agricultural land
Agricultural land estate duty
Agricultural income tax
Land and building tax
Mineral rights tax
Electricity consumption and sales tax
Tax on purchase and sale of goods i.e. sales tax
Business, Business, Livelihood and Employment Tax
Other provisions of the constitution relating to financial relations between the Center and the states are as follows.
Grant of aid to states by the Center as per the provision of the Constitution. This amount is taken from the Consolidated Fund of India (Article 275).
The Center may approve public purpose grants for any institution of the States and States (Article 282).
The Center can sanction loans to the states and can also guarantee the decision taken by the states (Article 293).
Parliament can impose restrictions on inter-state trade and commerce in public interest (Article 302).
The accounts of the states shall be maintained in the manner prescribed by the President in consultation with the Comptroller and Auditor General of India (Article 150).
The Indian constitution provides for a parliamentary form of the central and state government.
Modern democratic governments have been classified as parliamentary government and non-government based on the nature of the relationship between executive and legislative elements of government.
In the government of the parliamentary system, the executive is responsible to the legislature in terms of policies and functions.
In a presidential government, the executive is not responsible to the legislature in terms of its policies and functions and is constitutionally free from the legislature in terms of its tenure.
In the government of the presidential system, the President is the head of the government and also the head of the state, who has full executive powers without being responsible to the legislature.
The parliamentary government is also considered to be a cabinet (cabinet) government or responsible government, prevalent in Britain, Japan, Canada, India and other countries.
The presidency is considered to be a non-parliamentary or unresponsive government or a government of prescribed procedure, practiced in the United States, Brazil, Sri Lanka and other countries.
The government of the parliamentary system in India is mainly based on the British parliamentary system, however the government of India has never been a replica of the parliamentary system and it is entirely different in the following context.
In India, there is a democratic system instead of Britain’s imperial system. In India, the president is elected as the head of the country, while in Britain, there is a king or queen and his descendants as the head of the country.
The British system is based on the principle of sovereignty of Parliament, while the Parliament is not the highest in India and its powers are limited and restricted due to a written constitution, federal system, judicial review and fundamental rights.
In Britain, the Prime Minister must be a member of the lower house of parliament (House of Commons). In India, the Prime Minister can be a member of either House from both the Houses of Parliament.
Generally, only members of parliament are appointed ministers in Britain. In India, any person who is not a member of Parliament can be appointed a minister for a maximum period of 6 months.
There is a system of statutory responsibility of the minister in Britain whereas there is no such system in India. Unlike in Britain, ministers in India are not required to count on official acts of the head of state.
The Shadow Cabinet is a unique institution in the British cabinet system. It is formed by the opposition party to balance the ruling cabinet and prepare its members for future ministerial posts. There is no such institution in India.
The principles of the government of the parliamentary system in India are as follows:
Nominal and real ruler
The President is a nominal ruler while the Prime Minister is the de facto ruler. The President is the head of the country and the Prime Minister is the head of the government.
According to the Constitution of India, there is a provision of the Council of Ministers to advise and assist the President in the conduct of his business.
Such consultations (ie consultations given to the President by the Council of Ministers) are to be accepted by the President (Article 74).
Majority party rule
The political party whose members have majority in the Lok Sabha then forms the government.
The leader of this majority party is appointed Prime Minister by the President and other ministers are also appointed by the President on the advice of the Prime Minister (Article 75).
In the event of any party not getting majority, a government is formed by a front of mixed parties and the leader of this front is appointed Prime Minister by the President.
This is the fundamental principle of the parliamentary system of government.
Ministers are responsible to Parliament in general and Lok Sabha in particular (Article 75).
Ministers work in a partisan spirit and work with each other.
There is also individual responsibility under collective responsibility, that is, each minister is responsible for efficient administration in the department under his charge.
The principle of collective responsibility means that the Lok Sabha can pass a no-confidence motion and remove a minister from office.
All members of the Council of Ministers belong to the same political party, so their political beliefs are also the same.
In the event of a mixed party government, the ministers have to depend on the agreed.
Ministers are members of both the legislature and the executive. No person can become a minister without being a member of Parliament.
According to the constitution, if a minister is not a member of Parliament for 6 consecutive months, then he cannot continue to hold the post of minister at the end of this period (Article 75).
Prime Minister’s leadership
In the parliamentary system of government, the role of the Prime Minister is to provide leadership. He is the leader of the Council of Ministers, the leader of Parliament and the leader of the ruling party.
With these capabilities, he plays a very important role in government operations.
Due to this efficient leadership, political scientists have called the government of the parliamentary system as a Prime Minister oriented government.
Dissolution of lower house
The President can dissolve the lower house of Parliament (Lok Sabha) on the recommendation of the Prime Minister. In other words, the Prime Minister can advise the President to dissolve the Lok Sabha before the end of his term and hold fresh elections (Article 83).
In this way in the government of parliamentary system, the executive has the right to dissolve the legislature.
Ministers work on the principle of confidentiality of procedure, and keep the information related to the proceedings and policies and decisions of their departments confidential.
Ministers take an oath of secrecy before taking up their office (Article 75). This oath is administered by the President.
Whether the parliamentary system should be maintained in the country or replaced with the system of President’s rule, this issue has been a topic of discussion since the 70s. The Swarn Singh Committee, constituted by the Congress government in 1975, considered the matter in detail. Later, the committee had said that the government of the parliamentary system is functioning properly, so there is no need to replace the presidential system.