Separation of Powers

Separation of Powers aims for a distinct division of authority and

pursues exclusivity in how each organ functions. What is the History
of the separation of powers? What is the Concept of the separation of
powers? Read further to know more.

The operation of federal and democratic states requires the separation of

powers. To ensure that one branch does not impede the functioning of the
other two, the State is divided into three branches:

 Legislative
 Executive
 Judiciary

Each with its own set of authorities and responsibilities. It is essentially the
standard that each state government must adhere to in order to
successfully legislate, carry out, and apply the law to specific situations. If
this idea is not implemented, corruption and the misuse of authority are
more likely to occur. A totalitarian law will be less likely to be passed if this
idea is upheld since people will know another branch will check it.

History of the separation of powers

 The French philosopher Montesquieu advanced the Separation of

Power doctrine. The fundamental tenet of the notion of separation of
powers is that there should not be a concentration of governmental
authority in one body. The French Revolution taught us that one
individual with unchecked power may wreak devastation.
 In the 16th and 17th centuries, French philosopher Justice Bodin and
British politician Locke both published their opinions on this topic.
 Separation of powers was first included in a national constitution by
the United States.
 India’s case: The Constitution’s drafters thought it was too late to
incorporate the Separation of Powers principle because it had already
been written. India developed a parliamentary system of governance
as well. They, therefore, determined it would be wise to steer clear of
adopting the American model of complete division of powers.

Concept of the separation of powers

The concept of the separation of powers consists of :

 The trias politica theory serves as the foundation for the separation of
powers. By requiring the consent of all three branches when creating,
 enforcing, and managing laws, it lessens the likelihood of arbitrary
government actions.
 The doctrine of the separation of powers primarily refers to three
formulations of governmental powers; one individual should not serve
in more than one capacity within any one of the three branches of
government.
 Any interference from one governmental organ with another is
improper.
 One organ shouldn’t do the duties that belong to another organ.

Need For Separation Of Power

 There is a risk of poor management, corruption, nepotism, and the

misuse of power when the government’s power is concentrated in a
single hand.
 Therefore, the separation of powers is necessary to prevent
authoritarian rule in the nation, foster efficient government, stop the
legislature from passing arbitrary or unconstitutional legislation, and
protect individual liberty.

Constitutional Provisions
Our Constitution does not contain any specific clauses addressing the
doctrine of separation of powers. However, the Constitution has a few
guiding principles:

 There is no formal or established division of powers outside of what is

stated in Article 50 of our constitution, which states that “the state
shall take steps to separate the judiciary from the executive in the
public services of the state.”
 The executive authority of the Union and the State shall be vested in
the President and the Governor, who are exempt from civil and
criminal liability under Articles 53 and 143.
 Articles 121 and 211 prohibit discussion of the judicial actions of
Supreme Court and High Court judges in the Parliament and State
Legislature.
 Articles 122 and 212 which say no court may challenge the legality of
legislative or parliamentary proceedings.
 According to Article 361 of the Constitution, neither the President nor
the Governor is subject to legal accountability for the way in which
they carry out their official responsibilities.

Doctrine Of Separation Of Power

In a strict sense, the idea of separation of powers states that there should
be a system of checks and balances as well as a clear demarcation
between the three organs and their respective roles. When there is an
improper blurring of the lines between the three organs’ roles, the doctrine
of separation of powers is violated.

Seperation of Powers Between Various Organs

Powers are seperated as follows:

Legislature

 The Lok Sabha is the ultimate authority for the Council, which also
produces ministers.
 In cases of violation of its privileges, the impeachment of
the President pursuant to Article 61, and the dismissal of judges, the
legislature acts as a court.
 According to Article 105, the legislative body has the ability to punish
(3).

Executive

 The President of India is the Union’s head of the Executive and a

member of Parliament (Articles 53 and 74). He plays a legislative role
in the Parliament (Article 111). Thus, the passage of the Bill required
his approval.
 He has the authority to issue ordinances under Article 123, as well as
the judicial authority under Articles 103(1) and 217(3), consultation
authority with the Supreme Court of India under Article 143, and
pardoning authority under Article 72 of the Constitution.
 By choosing judges for the Chief Justice of India and other offices, the
executive has an impact on the judiciary as well.

Judiciary

 According to Articles 142 and 145 of our constitution, the Supreme

Court has the authority to rule that law passed by the legislature and
executive actions are unconstitutional and void if they violate any
provisions of the constitution or, in the case of legislative actions, the
law passed by the legislature.
 Even Parliament’s ability to modify the constitution is open to the
Court’s review.
 If a constitutional amendment modifies the fundamental design of the
document, the Court may declare it invalid. Courts have frequently
given the Parliament instructions on how to formulate policies.

Checks and balances provisions in the Indian Constitution

The Indian Constitution is founded on the concept of “checks and balances”
rather than the strict division of powers.
  To prevent any one organ from becoming overly dominant, there are
checks and balances in place. The Constitution makes ensuring that
any organ’s discretionary authority is used in a democratic manner.
 The judiciary has the authority to scrutinise executive and legislative
actions.
 Parliament passed a bill in 1972 to implement Article 50, taking away
the judicial authority previously held by the executive magistrate and
transferring it to the judicial magistrate.
 The Indian Constitution’s Doctrine of Checks and Balance was
introduced by the Supreme Court in the 1993 decision of P.
Kannadasan v. Tamil Nadu State.
 In accordance with Article 13, if a statute is arbitrary or
unconstitutional, the judiciary has the authority to invalidate it.
 Additionally, it has the authority to deem unconstitutional presidential
actions void.
 The legislature also assesses the performance of the executive.
 Even though the judiciary is autonomous, the executive appoints the
judges.

Judicial Decisions Regarding The Separation Of Powers

Because we follow a separation of functions rather than a separation of
powers in India, we don’t adhere to the notion in its strictest form.

 Although the notion of the separation of powers is not expressly

established in the Constitution, the court found that it is broken when
one organ of government fulfils the duties of another in the case
of Ram Jawaya v. The State of Punjab. Therefore, it is reasonable to
conclude that our constitution does not contemplate the assumption of
functions that essentially belong to another organ or part of the state
by one organ or part of the state, despite the fact that the Indian
Constitution did not recognise the doctrine of separation of powers in
its absolute rigidity. This is because the functions of the various parts
or branches of the government were sufficiently differentiated.
 In I.C. Golak Nath v. State of Punjab, the Supreme Court asserted
that the Ninth Schedule breaches the Kesavananda Bharati notion of
fundamental structure. As a result, the Ninth Schedule was made
subject to judicial review, which is another aspect of the basic
structure theory. If a statute is unconstitutional under the terms of the
Constitution, the Supreme Court has the authority to declare it void.
 In the case of Indira Gandhi v. Raj Narain, the court came to the
conclusion that our Constitution broadly embraces the doctrine of
separation of powers. In contrast to the United States and Australia,
India does not adhere to a strict definition of the separation of powers.
 The Supreme Court was asked to decide in the Kesavananda Bharti
Case of 1973 how much the legislature might alter the Constitution in
accordance with the Constitution’s provisions. It was claimed that
 Parliament was “better” and embodied the people’s free will. As a
result, the court lacked the authority to determine whether or not a
statute’s amendment to restrict individual freedom or the reach
of judicial review was constitutional. The Court, however, rejected this
claim and decided in favour of the appellant, citing the idea of the
division of powers as a component of the “basic structure” of our
Constitution. Because of this, the idea of “separation of powers” is
acknowledged as a key component of our Constitution.

Conclusion
A democratic government and diverse people like India cannot function
under a constitution with a strict separation of powers. However, the three
pillars of government can cooperate democratically thanks to deliberate
and moderate constitutional functional overlaps.

Separation of powers between various

organs
The doctrine of separation of powers
According to the doctrine of separation of powers, the three branches of
government should be kept apart from one another.

 Each department should be given a distinct group of employees with

autonomous jurisdictions over the others and restrictions on their
operations.
 No government entity should release any duties that it is not required
to. According to the principle, each branch of government must be
limited to performing just its duties and cannot interfere with those of
other branches.

A single set of people won’t be able to control the state’s machinery

because each branch will act as a check on the others.

According to the doctrine of separation of powers:

 No person should hold more than one position within any of the three
branches of the government.
 There should be no interference from that one government organ with
any other government organs.
 The duties delegated to any other organ of government should not be
performed by that one organ. This is the older, less modern
interpretation of the doctrine of the division of powers. Because the
economy was so simplistic back then when these researchers and
 theorists first presented their theories, a new concept of separation of
powers emerged.

The doctrine’s primary goal is to stop the abuse of power in various areas
of government. Public power is regulated by the constitution in our
constitutional democracy. Each branch of government should stay within its
purview.

Our constitution is ultimately protected by the courts, who have a

responsibility to uphold it whenever it is misunderstood.

The courts are more likely to wrestle with the decision of whether to enter
the purview of other parts of government while carrying out their
constitutionally mandated duties, according to Moseneke CJ

Separation of powers between various organs

It is generally acknowledged that there are three main categories of
governmental functions-

 Legislative
 Executive
 Judicial

Likewise, there are three main organs of the Government in a State:

 Legislature
 Executive
 Judiciary

The Legislature

According to the Indian Constitution, the legislature is held in high regard. It

is mostly connected to the adoption of general laws that apply to all facets
of how its citizens and institutions behave.

Parliament: The Indian Parliament is a bicameral legislature consisting of

two houses: the Rajya Sabha (Council of States) and the Lok Sabha
(House of the People).

 Rajya Sabha: Members of the Rajya Sabha are not directly elected by
the people but are appointed by the President on the advice of the
state legislatures. It represents the states and serves as the upper
house of Parliament.
  Lok Sabha: Members of the Lok Sabha are directly elected by the
people of India through general elections. It represents the people and
serves as the lower house of Parliament.

State Legislatures: India also has state legislatures in each of its states
and union territories, each with its legislative assembly and council (if
applicable). These legislatures have the power to make laws on state
subjects.

The Lok Sabha and the Rajya Sabha are two of India’s Parliament’s two
legislative houses.

 It can start investigations, notably against the executive branch,

choose the heads of the executive branch, impose taxes, authorize
borrowing, draught and administer the budget, and ratify treaties.
 It also has the only authority to declare war. It can represent the will of
the people by preserving an authentic and full democracy.

Given that it protects a real and complete democracy and represents the
will of the people, it can be assumed that the Legislature alone cannot carry
out this function entirely. If the nation’s chief financial officer is given total
power, democracy is in imminent danger.

The Constitution protects a proper system of checks and balances to the

doctrine of separation of powers by making the executive answerable to the
popular house.

Other facades throughout the overall system can support the same goal.
As a result, the two other pillars—the judiciary and the Executive—become
important.

The Judiciary

The Indian constitution was written with such precision that it calls for an
impartial, independent judiciary to interpret the document and protect
citizens’ rights through judicial review. As a result, the judiciary is required
to interpret laws rather than create them.

 Supreme Court: The Supreme Court of India is the apex court in the
country and is responsible for interpreting the Constitution and
ensuring its enforcement. It has the power of judicial review, allowing it
to review and strike down laws and executive actions that are found to
be unconstitutional.
 High Courts: Each state in India has its High Court, which has
jurisdiction over the state. High Courts primarily hear cases related to
 state laws, but they also handle cases involving fundamental rights
and constitutional matters.
 Lower Courts: Below the High Courts are various subordinate or
lower courts, including district courts, which handle civil and criminal
cases at the district level.

They are not to set forth the government’s broad standards of conduct. A
crucial component of the government is the judiciary (Harihar
Bhattacharyya, 2015).

 One of the most powerful courts in the world is the Supreme Court of
India. The judiciary has been essential in interpreting and upholding
the Constitution since 1950.
 The controversy regarding the higher court’s role in hearing and
considering public-interest petitions has centered on India’s Supreme
Court, particularly.

The judiciary gives the government various directives in deciding these

petitions, including the drafting of laws in many different areas. The
judiciary’s duty should be strictly limited to vetting the laws’ constitutionality
and not to ordering the government to pass legislation.

A law or executive action is only subject to judicial review if it is within the

purview of the legislature, or the executive branch, or if it is by the
fundamental rights protected by the Constitution and other mandatory laws.

The other branches of the government, such as the executive and

legislative, must not obstruct the judiciary’s ability to carry out its duties.
This is what is meant by the judiciary’s independence.

The other branches of the government shouldn’t meddle with a court’s

ruling.

Judges must be able to carry out their duties impartially.

Executive

The Executive has the authority to appoint judges, veto laws, command the
military, issue legal regulations and executive orders, make judgments or
declarations, and refuse to spend money set aside for specific uses.

 President: The President of India is the ceremonial head of state and

the Commander-in-Chief of the Indian Armed Forces. However, the
President’s powers are mostly limited to constitutional and ceremonial
roles. The President appoints the Prime Minister and other high
officials and represents India in diplomatic matters.
  Prime Minister: The Prime Minister is the head of government and
holds the highest executive authority. The Prime Minister is typically
the leader of the political party or coalition with a majority in the Lok
Sabha (the lower house of Parliament) and is responsible for running
the government, formulating policies, and making most executive
decisions.
 Council of Ministers: The Council of Ministers, headed by the Prime
Minister, is responsible for implementing government policies and
decisions. Ministers are typically members of Parliament and are
responsible for various ministries and departments.
 Bureaucracy: The civil services, including the Indian Administrative
Service (IAS) and the Indian Police Service (IPS), are responsible for
implementing government policies and decisions. Bureaucrats are
career civil servants who work under the direction of political leaders.

It also has the authority to pardon criminals who have been found guilty of
a crime.

The Executive is a steadfast ally of democracy and is similarly anticipated

to be free from interference from the other two constitutional entities.

Although it has been proven that the Executive is separate from the other
two, the contradiction still exists. In real usage, it is lost. The reason is that
the judiciary and legislature regularly challenge the executive’s decisions.
The Executive’s independence is severely weakened as a result.

The issue of duty does not simply arise in the context of executives.
Although the legislative and judiciary are both accountable, there is a
structure built into each of them for carrying out those duties. This is the
actual situation as it is in the real world.

Although the Indian Constitution grants the President and Governors

executive powers (Articles 53 (1) and 154 (1), respectively), it also grants
them certain legislative powers (Articles 123, 213 and 356) and certain
judicial powers (Articles 103 and 192).

Similarly, the judiciary only performs a limited number of legislative and

executive responsibilities, while the legislature performs some judicial
functions (Articles 105 and 194) (Articles 145, 146, 227, and 229)

However, in the State’s public services, the judicial and executive are kept
separate (Article 50). Legislation has been used in certain states to
completely separate the judiciary and executive branches.

According to Articles 52 and 53 of the Indian constitution:

  52. The President of India – There shall be a President of India.
 53. Executive power of the Union. – (1) The executive power of the
Union shall be vested in the President and shall be exercised by him
either directly or through officers subordinate to him by this
Constitution.
 (3) Nothing in this article shall-(a) be deemed to transfer to the
President any functions conferred by any existing law on the
Government of any State or other authority, or (b) prevent Parliament
from conferring by law functions on authorities other than the
President.

EXECUTIVE AUTHORITY
He is the person who signs off on all executive decisions made by the
Union administration. On the advice of the Prime Minister, the Chief Justice
of India, and the judges of the Supreme Court and High Court, he appoints
members of the Union Government, the Prime Minister, and the Council of
Ministers.

He names the Attorney General of India, the Chief Election Commissioner,

other Election Commissioners, the Chairman of the UPSC, the Comptroller
and Auditor General of India, the State Governors, members of the Finance
Commission, and ambassadors.

Checks and balances on the principle of separation of powers

 The Indian Constitution is founded on the concept of “checks and

balances” rather than the strict division of powers.
 To prevent any one organ from becoming overly dominant, there are
checks and balances in place. The Constitution ensures that any
organ’s discretionary authority is used democratically.
 The judiciary has the authority to scrutinize executive and legislative
actions.
 Parliament passed a bill in 1972 to implement Article 50, taking away
the judicial authority previously held by the executive magistrate and
transferring it to the judicial magistrate.
 The Indian Constitution’s Doctrine of Checks and Balance was
introduced by the Supreme Court in the 1993 decision of P.
Kannadasan v. Tamil Nadu State.
 By Article 13, if a statute is arbitrary or unconstitutional, the judiciary
has the authority to invalidate it.
Additionally, it has the authority to deem unconstitutional presidential
actions void.
 The legislature also assesses the performance of the executive.
 Even though the judiciary is autonomous, the executive appoints the
judges.
Judicial Decisions Regarding The Separation Of Powers
Because we follow a separation of functions rather than a separation of
powers in India, we don’t adhere to the notion in its strictest form.

 Although the notion of the separation of powers is not expressly

established in the Constitution, the court found that it is broken when
one organ of government fulfills the duties of another in the case
of Ram Jawaya v. The State of Punjab.
Therefore, it is plausible to conclude that our constitution does not
contemplate the assumption of functions that fundamentally belong to
other bodies of government, even though the Indian Constitution did
not recognize the theory of separation of powers in its full rigor.
 In I.C. Golak Nath v. State of Punjab, the Supreme Court asserted
that the Ninth Schedule breaches the Kesavananda Bharati notion of
fundamental structure. As a result, the Ninth Schedule was made
subject to judicial review, which is another aspect of the basic
structure theory. If a statute is unconstitutional under the terms of the
Constitution, the Supreme Court has the authority to declare it void.
 In the case of Indira Gandhi v. Raj Narain, the court concluded that
our Constitution broadly embraces the doctrine of separation of
powers. In contrast to the United States and Australia, India does not
adhere to a strict definition of the separation of powers.
 The Supreme Court was asked to decide in the Kesavananda Bharti
Case of 1973 how much the legislature might alter the Constitution by
the Constitution’s provisions.

Conclusion
The principle of separation of powers between various organs ensures that
each branch of government operates independently within its defined
sphere of authority.

However, there are mechanisms for cooperation and checks and balances
between these branches to prevent the abuse of power.

 For example, the Executive is accountable to the Legislature, and the

Judiciary has the authority to review and strike down unconstitutional
actions by the other branches. This system of governance is designed
to protect the rights and freedoms of the Indian people and maintain
the rule of law.

A democratic government and diverse people like India cannot function

under a constitution with a strict separation of powers between various
organs.
 However, the three pillars of government can cooperate democratically
thanks to deliberate and moderate constitutional functional overlaps.

By bridging the gap between the legislative, executive, and judicial

departments of government, mutual collaboration improves the efficiency of
government. A democracy cannot function well without adhering to the
doctrine of separation of powers.

Grievance Redressal
The process of handling complaints from consumers and citizens, as well
as the decisions made in response to any issues they present, is known as
grievance redressal.

Every human relationship is built on the concept of ‘trust’. Grievances arise

as a result of failure to fulfill commitments, which fosters distrust among the
public and hurts the relationship between the public and the government.
Hence, redressal of the grievances becomes imperative. The timely
resolution of grievances strengthens democracy by providing stability to the
government and increasing public trust in the government.

An effective Grievance Redressal Mechanism is an important factor in the

Government of India’s call for “maximum governance and minimum
government”. The vision of New India by 2022 is dependent on responsive
and effective government, and it is a critical requirement.

Table of Contents
 Existing Grievance Redressal Mechanism
 Importance of grievance redressal
 2nd ARC Recommendations
 Challenges to grievance redressal
 Way Forward

Existing Grievance Redressal Mechanism

 Under the cabinet secretary of the government of India, the directorate

of public grievances helps in solving unresolved grievances.
 There is a Central Vigilance Commission to solve any type of public
grievance regarding the conduct and functioning of the public servant.
 There is a Lokpal Act to inquire into the cases related to the
complaints of ministers, public servants, and even the former prime
minister.
 The National and State Human Rights Commission, the National and
State Women’s Commission, and the National Commission for SC
 and ST take the grievances and seek resolution of complaints in their
prescribed fields and also seek their amicable redressal.
 The 73rd Amendment Act mandates the Gram Sabha to perform
grievance redressal services to the members of the Sabha and the
concerned areas under them.
 There is a Consumer Protection Council at the union and state levels
to assert grievances regarding the quality, effectiveness, and utility of
the article.
 The banking ombudsman scheme under the Banking Regulation Act
and RTI Act empowers citizens to seek grievances from the
government of India.
 The government of India has also come up with certain initiatives
regarding the redressal of the citizens via ICT like Twitter Seva, E
Dakhil, UMANG app, INGRAM portal, CPGRAMS, PRAGATI, etc.

Importance of grievance redressal

The timely and effective capture of public grievances and providing them
redressal regarding the same help in generating better policy outcomes. It
results in a system that tries to resolve the citizens’ grievances and thus
enjoys more public trust.

Grievances also provide feedback on the government’s various policies

and serve as a measure to monitor and improve public policies by
implementing timely corrective measures.

They are an opportunity for the government and its various institutions to
understand the drawbacks and the loopholes in policy-making and during
the implementation process, and thus result in improving the quality of
service delivery.

It helps in making public institutions more committed to public welfare, thus

resulting in a proactive organizational culture. It also ensures citizens’
involvement in policymaking and thus leads to more consensus-oriented
outcomes and results in citizen participation.

It doesn’t favor the one-size-fits-all approach and allows it to be more

specific leading to more efficiency and personalized resolution. It reduces
the gap between the citizens and the government authorities and tries to
make it more citizen-oriented.

It gives the public the authority and power to make decisions and to
question the government authorities. In the cases of fraud and
malpractices, tries to ensure effective justice and reflect accountability and
responsibility of the authorities towards its consumers and citizens.
It empowers the marginalized sections to voice out any concerns or issues
they face and leads to good governance.

It is also central to the Sevottam model for achieving excellence in public

service delivery. It was proposed by the 2nd Administrative Reforms
Commission.

2nd ARC Recommendations

 There is a need for a strong and effective internal grievance redressal

mechanism in each organization,
 the government should analyze the concerned areas wherein the
interventions would be required,
 make proper use of Lok Adalat and
 there needs to be proper state-society cooperation,
 participation of women and physically challenged in the grievance
redressal mechanism.

Challenges to grievance redressal

Among the majority of citizens, there is a lack of awareness and knowledge
about the channels and the platforms through which the complaints have to
be made to the concerned authorities. Consumers are also sometimes
afraid to report malpractices to the concerned authorities.

Consumers don’t want to reveal their identities and want to report

anonymously, especially those against the authorities, and the
unavailability of such options makes it difficult for them to complain
resulting in hesitation.

There is also a gender divide evident here, as women may not have the
requisite resources and opportunities to voice their grievances.

India has a culture of adjustments and we don’t like to complain that results
in adjusting rather than raising their voices against the concerns and the
authorities.

The majority of grievance portals are online and also not available in all
languages which makes it difficult for many people to register complaints
because of this digital illiteracy, and the digital divide leads to differentiated
access to opportunities to express their grievances.

There is no adequate digital infrastructure available and it also lacks digital

skill training which is a prerequisite for the implementation and disposal of
complaints regarding grievance redressal.
There is evidence of corruption and malpractices at all levels of the
authorities and various redressal channels are subject to high pendency
rates and slow processes because of bureaucratic red tape.

There is a high level of pendency, delays, lack of information dissemination

from the authorities, and inaccuracies present, which makes it difficult to
resolve the grievances. Many times the high disposal rates also don’t mean
high resolution of issues.

Way Forward
The grievance redressal mechanism should not be looked upon as a
challenge but rather a priority for better policy outcomes and good
governance. The channels must be open and viable, as the complaints
come through informal channels.

There should also be an awareness generation campaign for which the

government can make use of Gram Sabha where people would be made
aware of the channels through which complaints can be registered and we
should try to make use of technology for better results in a time-bound
approach.

As a cornerstone of ‘Minimum Governance,’ the resolution of public

grievances is a critical component of future India. The effort to usher in a
new era of good governance has begun brightly with the enhancement of
grievance and redress departments. However, it is equally important to
recognize that governance is an area in which citizens have a role to play.

Dispute Redressal Mechanisms And

Institutions
What is dispute redressal? What are the different dispute redressal
mechanisms and institutions in India?

A dispute mechanism is a formalized procedure for resolving

disagreements or grievances between two or more parties involved in
societal, commercial, or legal connections. To resolve disputes, dispute
processes are used.

These methods include negotiation, mediation, conflict resolution, and

conciliation.
 The typical non-judicial nature of dispute resolution mechanisms means
that they do not take place in a court of law.

Table of Contents
 Dispute redressal- Indian scenario
o A brief history
 Dispute redressal mechanisms
o Administrative Tribunal
o National Company Law Tribunal
o Single Tribunal for Inter-State Water Disputes
 Inter-State Water Dispute Act provisions (1956)
o National Green Tribunal
o Gram Nyayalaya
o Lok Adalat
o Arbitration And Conciliation
 Arbitration
 Mediation
 Conciliation
 Institutional mechanism for dispute redressal
o Human Rights Commissions
o National Women for Commission (NWC)
o National Commission for Scheduled Castes (NCSC)
o National Commission for Scheduled Tribes (NCST)

Dispute redressal- Indian scenario

According to Article 21 of the Indian Constitution, no individual shall be
deprived of his or her liberty except by the method established by law. The
Supreme Court of India correctly determined that the Right to a Speedy
Trial is a component of the Right to Life or Personal Liberty.

This lenient interpretation of Article 21 is intended to make up for the

mental suffering, expenditure, and strain that someone facing criminal
charges must endure, which when combined with delays, may make it
more difficult for the accused to properly defend himself.

As a result, the Supreme Court has determined that the Right to a Speedy
Trial is an example of a fair, just, and reasonable process protected by
Article 21.

A brief history

People in India used mediation to resolve disputes before the

establishment of law courts. In the past, such mediation was known as
“Panchayath,” and it was typically led by someone who was respected and
held in greater regard by the villagers.
The Panchayath was presided over by a member of superior stature,
quality, and character known as the Village Headman, who was aided by
others from various castes in the area who shared his character or cadre.

The Panchayath heard the conflict between individuals and families, and
the verdict was to be accepted by the disputants. The well-being of the
disputants and the preservation of their good relations were the key factors
taken into account in such Panchayaths.

Alternative modes of dispute resolution (ADR) emerged by creating

facilities for providing dispute settlement through arbitration, conciliation,
mediation, and negotiation in developing nations like India that are
undergoing significant economic reforms within the framework of the rule of
law.

This reduced the burden on the courts and provided means for expeditious
dispute resolution. To address the issues, the GOI has established various
dispute resolution mechanisms.

Gram Sabha, Nyaya Panchayat, Lok Adalat, Family Court, Counseling

Centers, Commission of Inquiry, Tribunal, Consumer Court, and Indian
Legislation on ADR are a few of the several procedures established in
India.

The system’s main goals are to increase access to justice, promote

mediation as opposed to winner-take-all disputes, boost efficiency, and
shorten courtroom delays.

However, a strong grievance procedure:

 gives all parties a predictable, credible, and transparent procedure,

resulting in decisions that are regarded as just, practical, and long-
lasting.
 develops trust as a crucial element of more extensive community
relations operations.
 enables more thorough identification of new problems and patterns,
allowing for proactive involvement and corrective action.

In this article, we’ll talk about several Dispute Redressal Mechanisms

Dispute redressal mechanisms

Following are some of the dispute redressal mechanisms relevant in the
Indian context.
Administrative Tribunal

India is referred to as a Sovereign, Socialist, Secular, Democratic Republic

in the Preamble of its Constitution. These components, in the opinion of our
Constitution’s authors, were necessary to create an equitable society and a
government based on welfarism.

Therefore, the foundation of the welfare state phenomenon is the

administration of justice and the rule of law.

The government’s duties have multiplied phenomenally as a result of the

acceptance of the welfare ideology, giving the executive incredible authority
and boosting legislative productivity. More lawsuits have resulted as a
result, as have limitations on people’s freedom and ongoing conflicts
between them and the authorities.

 Part XIV-A, which consists of Articles 323A and 323B, was introduced
into the Indian Constitution by the 42nd Amendment Act of 1976.
which ultimately resulted in the creation of administrative tribunals.
 Article 323A: Establishes administrative tribunals to resolve
disagreements and complaints over hiring practices, employment
terms for those hired to work in the public sector, and other related
issues.
 Article 323B: Provides for the establishment of Tribunals for the
adjudication or prosecution of disputes, complaints, or offenses
relating to taxes, foreign exchange, labor disputes, land reforms,
urban property ceilings, elections to Parliament and State
Legislatures, etc.
 Any law may be passed by Parliament by Article 323A, and State
Legislatures may also pass laws by Article 323B if they have the
necessary legislative authority.

National Company Law Tribunal

The National Company Law Tribunal (NCLT) was established by the

Central Government by section 408 of the 2013 Companies Act.

The National Company Law Tribunal (NCLT) is a quasi-judicial organization

that handles equitable jurisdiction that was formerly handled by the Central
Government or the High Court. The Tribunal has the authority to control
how it conducts itself.

The following authorities’ corporate jurisdiction is consolidated with the

creation of the National Company Law Tribunal (NCLT):

 Company Law Board

  Board for Industrial and Financial Reconstruction.
 The Appellate Authority for Industrial and Financial Reconstruction
 Jurisdiction and powers relating to winding up restructuring and other
such provisions are vested in the High Courts.

The Ministry of Corporate Affairs has established eleven benches, including

one principal bench, in the initial phase. The President, 16 judicial
members, and 9 technical members will serve as the chairs of these
benches, which will be located in various places.

Single Tribunal for Inter-State Water Disputes

Water disputes between states are distinct from other interstate conflicts.
Article 262 of the Constitution prohibits the Supreme Court and other courts
from having jurisdiction over interstate water issues. Disputes are settled by
the Interstate (River) Water Disputes Act of 1956. According to its terms,
the conflicts must be decided by special, temporary tribunals.

INTER-STATE WATER DISPUTE ACT PROVISIONS (1956)

 The Inter-State Water Conflicts Act of 1956 governs disputes over

river water between states.
 According to the 1956 Act’s present provisions, a tribunal can be
established if a state government submits a request to the federal
government and the federal government is persuaded of the necessity
of the tribunal’s establishment.
 The key recommendations of “The Sarkaria Commission” were added
to this statute in 2002.
 The modifications prescribed a one-year setup period for the water
disputes tribunal as well as a three-year decision-making period.
 With the first generation of tribunals established shortly after
independence to decide disputes involving the Krishna, Narmada, and
Godavari rivers, this system has achieved considerable success.
 But generally speaking, it has found it difficult to reconcile opposing
sides and present fair answers.

National Green Tribunal

The National Green Tribunal was established by the National Green

Tribunal Act of 2010 to effectively and promptly handle cases involving
environmental protection, and the conservation of forests and other natural
resources.

 It also deals with the enforcement of any environmental legal rights

and the provision of relief and compensation for environmental
damages to people and property, as well as for matters related to or
incidental to those cases.
  It is an expert body with the knowledge needed to handle
environmental disputes involving many disciplinary issues.

Major features

 The Code of Civil Procedure, 1908 is not a requirement for the NGT to
follow; instead, it will act by natural justice principles.
 The Indian Evidence Act, of 1872’s rules of evidence are not binding
on NGT either.
 Conservation groups will find it easier to present facts and issues
before the NGT (as opposed to going before a court), including
pointing out technical problems with a project or suggesting
alternatives that could lessen environmental damage but have not
been examined.
 The NGT will use the precautionary principle, the polluter pays
principle, and the principles of sustainable development when passing
orders, decisions, and awards. However, it should be noted that the
NGT has the authority to impose fees, including lost benefits as a
result of any temporary injunction if it determines that a claim is
untrue.

Gram Nyayalaya

Unquestionably, the idea of a contemporary, democratic, and constitutional

India revolves around equality and justice. By conducting its job of
administering justice, the State machinery carries out the values of equality
and fairness. Systemic issues with India’s judicial system include
corruption, holdups, pendency, rising prices, a lack of adequate legal aid,
and a shortage of judges and attorneys with the necessary training.

 To address these issues, the Law Ministry established Gram

Nyayalays in 2009 to give the underprivileged living in villages a low-
cost venue to resolve legal disputes. The Gram Nyayalayas Act of
2008 created it.
 This Act perpetuates the phenomenon of two distinct groups of
Indians: the wealthy urban citizen who can afford and access the
courts, and the less connected rural citizen who has access to forums
that are primarily focused on resolving their claims without the
application of crucial procedural safeguards such as attorneys,
appeals, protections for procedural rights, and evidentiary
requirements.
 Gram Nyayalayas are mobile village courts that were created in India
to provide quick and simple access to the legal system in the country’s
rural areas.
 They are designed to bring affordable justice to rural residents at their
doorsteps.
  The Act went into effect on October 2, 2009, Mahatma Gandhi’s
birthday. (The symbols Gram, Nyay, and Aalya represent the village,
justice, and house, respectively.)

Lok Adalat

Effective justice delivery is a perennial requirement of peace, order,

civilization, and national governance under any form of government.

It is the primary responsibility of the State to ensure that everyone receives

equal and impartial justice by regulating how citizens interact with one
another, preventing disorder and favoritism of one class of people over
others, and upholding all fundamental rights necessary for the existence
and advancement of the average person by establishing an efficient justice
system.

However, in practice, the promise of equality before the law does not
satisfy a poor man since he lacks access to justice. Other factors that
negatively impacted the administration of justice were delays, corruption,
expensive litigation, access issues, a dearth of courts, judges, and
government employees, a drawn-out procedure, and a lack of legal aid and
legal education for the poor.

Lok Adalat has been founded as a result of these flaws in the current legal
system.

Legislations related to Lok Adalat:

 By the constitutional requirement in Article 39-A of the Constitution of

India, which incorporates several provisions for dispute settlement
through Lok Adalat, the National Legal Services Authorities Act, 1987
provided Lok Adalats a statutory character.
 To ensure that no citizen is denied the opportunity to secure justice
due to economic hardship or other disabilities, this Act establishes
legal services authorities to provide competent and free legal services
to the most vulnerable members of society.
 It also establishes Lok Adalats to ensure that the functioning of the
legal system promotes justice on an equal opportunity basis.

Arbitration And Conciliation

ARBITRATION

In the arbitration procedure, a decision is made on the merits of the case by

a neutral third party or parties. In the Indian setting, the Arbitration and
Conciliation Act of 1998 broadly defines the rules for the arbitration
process, and the parties are free to devise an arbitration process that is
appropriate and pertinent to their disputes in the areas covered by the
Statute.

MEDIATION

The mediation process seeks to make it easier for the conflicting parties to
come to a mutually agreeable settlement. The Mediator is a neutral third
party who oversees the mediation process. The ability of the mediator to
help the parties’ negotiations depends on their agreement.

CONCILIATION

A less formal variation of arbitration is conciliation. No prior agreement is

necessary for this method to work. Any party may request the appointment
of a conciliator from the opposite party. Two or three conciliators are
permitted but one is recommended. If there are numerous conciliators, they
must all work together. There can be no conciliation if a party declines an
offer to do so.

 The conciliator may receive statements from the parties outlining the
overall nature of the dispute and the items in contention. A copy of the
statement is sent from one side to the other.
 The conciliator has the right to ask for more information, request a
meeting with the parties, and initiate verbal or written correspondence
with them. The conciliator may even get proposals from the parties for
resolving the conflict.
 When the conciliator believes that a settlement has some of the
necessary components, he may draft the terms of the agreement and
send them to the parties for their approval. The settlement agreement
will be final and binding after both parties have signed it.

Also read: Alternative dispute resolution

Institutional mechanism for dispute redressal

Human Rights Commissions

In 1994, the National Human Rights Commission (NHRC) was established

as a result of the 1993 Protection of Human Rights Act. It noted that
“increasing concern about issues linked to human rights” had been
expressed both domestically and internationally.

It had been deemed necessary to review the current rules and processes
as well as the administrative structure to increase efficiency and
transparency in light of this as well as the shifting social realities and new
trends in crime and violence.
The Human Rights Protection Act of 1993 makes it possible for the State
Government to establish a State Human Rights Commission to exercise
the authority granted to it and carry out the duties specified in the Act.

National Women for Commission (NWC)

The National Commission for Women was established as a statutory body

in January 1992 with the charge of reviewing the constitutional and legal
protections for women, suggesting corrective legislative measures,
assisting with grievance redress, and advising the government on all policy
issues affecting women.

The Commission has all the authority of a Civil Court hearing a case to
carry out these duties, as is the case with the NCSC/NCST.

The Union Government arranges for the Commission’s reports on the

operation of the protections for women to be presented to each House
of Parliament, along with an update on any actions taken in response to the
Commission’s recommendations and any explanations for any rejections, if
any.

When it comes to concerns involving a State Government, the report and

accompanying Action Taken Report are presented to the State Legislature.

National Commission for Scheduled Castes (NCSC)

There used to be a Special Office for Scheduled Castes and Scheduled

Tribes under Article 338 of the Constitution. The Office of Commissioner for
Scheduled Castes and Scheduled Tribes was given this title. A multi-
member Commission for Scheduled Castes and Scheduled Tribes was
established in 1978 as a result of the 46th Amendment.

By the Constitution (Eighty-ninth Amendment) Act of 2003, separate

commissions for Scheduled Castes and Scheduled Tribes were to be
established. As a result, the National Commission for Scheduled Castes
(NCSC) was established for the first time in 2004.

The Commission’s responsibility is to provide the President with annual and

special reports. These Reports include suggestions for actions that the
Union and State Governments should take to effectively implement the
safeguards and other welfare measures.

These Reports must be presented to both Houses of Parliament along with

a Memorandum outlining the course of action taken or being considered by
each Ministry or Department and any grounds for rejection, if any. If the
suggestions apply to state governments, a comparable Memorandum
containing the recommendations must be presented to the appropriate
state legislatures.

National Commission for Scheduled Tribes (NCST)

The NCSC and the National Commission for Scheduled Tribes both had
similar beginnings. It was established as a separate Commission in 2004
as a result of the Constitution (Eighty-ninth Amendment Act, 2003), which
added Article 338A and amended Article 107.

Before that, as was already indicated, a single organization was in charge

of overseeing the constitutional protections offered to Scheduled Castes
and Scheduled Tribes.

The National Commission for Scheduled Tribes (NCST) shares several

characteristics with the NCSC, including its composition, terms, powers,
and reporting mechanism. Scheduled Tribes receive the same
constitutional protections and legal protections as SCs.

Six units make up the NCST and they are responsible for administration,
coordination, socioeconomic and educational development, service
safeguards, and atrocities-related issues. The NCST has six regional
offices that give it a regional perspective.

Parliament and State Legislatures:

Structure and Functioning
India has a federal system of government, and its legislative structure
consists of two levels: the Parliament) and the State Legislature at the
central and state level respectively. Both levels of government have
the authority to make laws within their respective jurisdictions. Read
here to understand the difference in structure and functioning of the
two levels of legislature.

Our Constitution has adopted the Parliamentary System of Government,

also known as the Westminster Model of Government. The Parliament has
occupied a pre-eminent and central position in the Indian democratic
political system.

The Constitution provides for a federal government, having a separate

system of administration for the Union and the States. Part V of the Indian
Constitution deals with the provisions related to the Parliament and Part VI
deals with Power, Procedure, Composition, and so on of the State
Legislature.
 Table of Contents
 Structure
o Parliament
o State Legislatures
 Functioning
o Parliament
o State Legislatures
 Conduct of Business
o Parliament
o State legislatures
 Powers and privileges
o Parliament
o State Legislatures
 Issues
o Parliament
o State Legislatures
 Conclusion

Structure
Under the Constitution, the Parliament of India consists of the President
and two houses i.e., the Council of States (Rajya Sabha) and the House of
the People (Lok Sabha).

In the case of the State legislature, there is no uniformity in the

organization/structure of the State Legislature. At present, only 6 States
have bicameral legislation (two houses). These are Andhra Pradesh,
Telangana, Uttar Pradesh, Bihar, Karnataka, and Maharashtra.

Parliament

The structure of the two houses of the Parliament are:

Lok Sabha (House of People): The maximum strength of Lok Sabha is

fixed at 552, out of which 530 members are the Representatives of the
States and 20 are Representatives of Union Territories. At present, the Lok
Sabha has 545 members.

Rajya Sabha ( Council of States): The Council of States shall be

composed of not more than 250 members, out of which 12 should be
nominated by the President and the remainder shall be the representatives
of States and Union Territories elected by the method of indirect election.

State Legislatures

The State Legislature is a law-making body at the state level. Only 6 states
in our country have bicameral legislature i.e., two houses namely,
Legislative Assembly and the Legislative Council, and the rest of the States
just have one house which is known as the Legislative Assembly.
The Indian states with bicameral legislature include Odisha, Bihar,
Andhra Pradesh, Maharashtra, Karnataka, Telangana, and Uttar
Pradesh.

Functioning
Functions are assigned to the Ministry under the Government of India
(Allocation of Business) Rules, 1961 made by the President under Article
77(3) of the Constitution of India.

Parliament

The Parliament has the power to make laws on the Union List, and
Concurrent List, and the power to make laws over subjects under the
Residuary List. The functions and powers of the Indian Parliament can be
divided into legislative, executive, financial, and other categories.

The President of India is an integral part of the Parliament and plays a key
role in the legislative process, including giving assent to bills passed by
both houses.

In simpler terms, the functions of Parliament are:

 Making and passing laws on various subjects.

 Discussing and debating important national issues.
 Scrutinizing the work of the government through questions, debates,
and discussions.
 Approving the government’s budget and expenditures.
 Amending the Constitution and other important legislation.
 Representing the interests of the people and states.

State Legislatures

The primary function of the State Legislature, like the Union Parliament, is
law-making. The State Legislature is empowered to make laws on the State
List and Concurrent List. The State Legislature performs financial functions,
Control over the Executive, Electoral Functions, Constitutional Functions,
etc.

 Making and passing laws on state-specific subjects.

 Debating and discussing issues relevant to the state.
 Scrutinizing the work of the state government through questions,
debates, and discussions.
 Approving the state’s budget and expenditures.
 Amending the state’s Constitution and other important legislation.
Conduct of Business
Article 118(1) of the Constitution empowers each House of Parliament to
make rules for regulating its Procedure and the Conduct of its business.

Article 208(i) of the Constitution empowers State Legislatures to make rules

for regulating its procedure and Conduct of Business.

Parliament

According to Art 118(3), the president, after consultation with the chairman
of the Council of States and the speaker of the House of the People, may
make rules as to the procedure concerning joint sittings of, and
communications between the two houses.

State legislatures

All executive action of the Government of a State shall be expressed to be

taken in the name of the Governor. The Governor shall make rules for the
more convenient transaction of the business of the Government of the
State, and for the allocation among Ministers of the said business in so far
as it is not business concerning which the Governor is by or under this
Constitution required to act in his discretion.

Powers and privileges

Parliamentary Privileges are a sum of special rights, immunities, and
exemptions enjoyed by the two houses of the Parliament, the State
Legislature, their committees, and their members. Privileges are necessary
to secure the independence and effectiveness of their actions.

Parliament

The Constitution of India has extended parliamentary Privileges to those

persons who are entitled to speak and take part in the proceedings of the
House of Parliament or its committees. That means the Attorney General of
India and the Union Ministers are entitled to such privileges.

Note that the Parliamentary Privileges do not extend to the president.

State Legislatures

The Constitution of India has also extended the Privileges of the State
Legislature to those persons who are entitled to speak and take part in the
proceedings of the House of the State Legislature or its committees. These
include the Advocate General of the State and State Ministers.
Issues
Recent years have seen considerable thought and discussion regarding the
demise of Parliament, the devaluation of parliamentary authority, declining
standards of discussion, deterioration in the conduct and quality of
Members, low levels of participation, and similar issues. Unsettling trends
include a general skepticism about parliamentary institutions, a decline
regarding customary parliamentary procedures, and disrespect for
members.

Parliament

Parliament faces several challenges including the Criminalisation of

Politics, the Decline of Representative Democracy, the Evil of Anti-
Defection Law, Lowering Standards of Parliamentary Scrutiny, the Curb on
Freedom of Speech, Weakened Opposition, etc.

State Legislatures

If there is a sense of unease with the way the State legislatures are
functioning, it may be due to a decline in recent years in both the quantity
and quality of work done by them. Over the years the number of days on
which the houses sit to transact legislative and other business has come
down very significantly including the use of force to intimidate opponents,
shouting, and shutting out of debate and discussion resulting in frequent
adjournments.

There is increasing concern about the decline of the State legislature,

falling standards of debate, and erosion of the moral authority, and prestige
of the supreme tribune of the people. Also, it is of the utmost importance for
the survival of democracy that Parliament and State Legislature continue to
occupy a position of the highest esteem in the minds and hearts of the
people.

Conclusion
In summary, the Parliament and State Legislature in India serve as the
primary legislative bodies at the central and state levels, respectively. They
play a crucial role in the lawmaking process, representing the interests of
the people, discussing important issues, and holding the government
accountable for its actions.
 Appointment to Various Constitutional
Posts, Powers, Functions and
Responsibilities of Various
Constitutional Bodies
A constitutional body in India is a group or institution that was created by
the Indian Constitution. They derive their powers and authority from the
Indian Constitution.

A constitutional amendment is often required to change any powers or

functions related to Constitutional bodies.

The Indian Constituent Assembly’s members recognized the need for

autonomous organizations that could oversee areas of national importance
without interference from the executive. They introduced constitutional
provisions to facilitate the process of establishing constitutional bodies.

In this article, we discuss the Appointment to Various Constitutional Posts,

Powers, Functions, and Responsibilities of various Constitutional Bodies in
India.

Table of Contents
 Appointment to Constitutional Posts, Powers, Functions, and Responsibilities of Various
Constitutional Bodies
 President of India:
 Vice President of India:
 Prime Minister:
 Council of Ministers:
 Governor of States:
 Chief Justice of India (CJI) and Judges of the Supreme Court:
 Election Commission of India
 Union Public Service Commission
 State Public Service Commission
 Finance Commission
 Goods and Services Tax Council
 Attorney General for India
 Comptroller and Auditor General of India
 National Commission for Scheduled Castes
 National Commission for Scheduled Tribes
 National Commission for Backward Classes
 Special Officer for Linguistic Minorities
 Advocate General
Appointment to Constitutional Posts, Powers, Functions, and
Responsibilities of Various Constitutional Bodies
India has a well-defined constitutional framework that includes various
bodies and posts with specific powers, functions, and responsibilities.
Constitutional bodies in India play a crucial role in ensuring the functioning
of a democratic system and safeguarding the principles enshrined in the
Constitution.

Here is an overview of some key constitutional posts, along with their

powers, functions, and responsibilities:

President of India:

 Appointment: The President is elected by an Electoral College

consisting of elected members of both Houses of Parliament and the
Legislative Assemblies of States and Union Territories.
 Powers and Functions:

 Head of the State.

 Commander-in-Chief of the Indian Armed Forces.
 Power to grant pardons, reprieves, and remissions of
punishment.
 Appoints the Prime Minister and other key officials.
 Represents India in international relations.

Vice President of India:

 Appointment: The Vice President is elected by an Electoral College

consisting of members of both Houses of Parliament.
 Powers and Functions:

 Acts as the ex-officio Chairman of the Rajya Sabha.

 Assumes the office of the President in case of a vacancy.

Prime Minister:

 Appointment: The leader of the majority party in the Lok Sabha is

invited by the President to form the government.
 Powers and Functions:

 Head of the government.

 Formulates and executes policies.
 Advises the President on the appointment of various officials.
Council of Ministers:

 Appointment: Appointed by the President on the advice of the Prime

Minister.
 Powers and Functions:

 Formulates and implements policies.

 Individual ministers head different ministries, each responsible for
specific areas.

Governor of States:

 Appointment: Appointed by the President.

 Powers and Functions:

 Head of the State in the respective state.

 Represents the President at the state level.
 Appoints the Chief Minister and other Council of Ministers
members.

Chief Justice of India (CJI) and Judges of the Supreme Court:

 Appointment: The President appoints the Chief Justice of India and

other judges in consultation with the CJI and other senior judges.
 Powers and Functions:

 Interprets the Constitution.

 Adjudicates disputes between the Union and States.
 Protects the fundamental rights of citizens.

Election Commission of India

The Constitution of India establishes the Election Commission of India
(ECI) to oversee elections in the nation.

According to Article 324 of the Constitution, the election commission shall

have the authority to supervise, direct, and oversee elections for
the Parliament, State legislatures, The President of India, and The Vice-
president of India.

The country’s elections are protected by the Election Commission. It

publishes a Model Code of Conduct each election for political parties and
candidates to follow to hold free and fair elections.
Thus, the Election Commission is an all-India body in the sense that is
common to both central government and state governments.

Union Public Service Commission

The Union Public Service Commission, or UPSC as it is more generally
known, is India’s top central hiring organization for the selection of all
Group “A” officers working for the Indian government.

The Union Public Service Commission is envisioned by Article 315 at the

Union level.

Article 315 to 323 in Part XIV of the constitution contains elaborate

provisions regarding the composition, appointment, and removal of
members along with the powers and functions of UPSC.

The Commission typically has between 9 and 11 members, including the

chairperson. Each member serves a six-year term in office, or until he turns
65 years old, whichever comes first.

According to Article 320, it is the responsibility of the Union Public Service

Commission to hold exams for appointments to the Union’s services. On
request, it will also help two or more States formulate and carry out
collaborative recruitment plans for any services.

State Public Service Commission

A constitutional body known as the State Public Service Commission was
created following Articles 315 to 323 of Part XIV. Each state has its own
State Public Service Commission in addition to the Union Public Service
Commission in the Center.

According to the Indian Constitution, The Governor of State may decide the
terms of employment for the Chairman and other members of the State
Public Service Commission.

The Constitution leaves it up to the Governor’s discretion as to how strong

the Commission should be.

According to the Indian Constitution, the Governor of State may decide the
terms of employment for the Chairman and other members of the State
Public Service Commission.

A member of the SPSC may serve in that capacity for six years, or until
they reach the age of 62, whichever comes first.
Anyone who has previously served in the capacity of a Public Service
Commission member is ineligible to be appointed to that position again.

Finance Commission
According to Article 280 of the Indian Constitution, the President of India
creates the Finance Commissions regularly to establish the financial ties
between the national government of India and the various state
governments.

The commission, which has a chairperson and four additional members, is

established under the constitution and appointed every five years.

A finance committee chooses its chairman from among those having a

background in public affairs. The remaining four members are chosen from
among those who:

Are, or have been, or are qualified to serve as judges of a high court;

have an accounting or financial understanding of the government;

have experience in administration and finance;

or have specialized economic knowledge.

Now the 15th Finance Commission has been appointed. Nand Kishore
Singh was appointed to serve as the chairman of the commission.

Goods and Services Tax Council

The 101 Amendment Act paved the way for the introduction of a new tax
regime GST and the GST Council in the country.

The GST Council, the body responsible for overseeing GST, is composed
of 33 members, of which 2 come from the federal government and 31 come
from the 28 states and 3 union territories that have passed legislation.

Its function is to make recommendations to central and state governments

regarding GST.

It has representation from both the centre and states and hence is a federal
body.

The following individuals are part of the council:

  Union Finance Minister as chairperson
 Union Minister of States overseeing finances or revenue
 The state ministers in charge of finance, taxation, or other ministers
are chosen by the government of each state.

Any regulation modifications, revisions, or rate changes for products and

services in India must be approved by the GST Council.

Attorney General for India

The Attorney General of India serves as both the government’s top legal
counsel and principal court representative.

According to Article 76(1) of the Constitution, they are chosen by the

Indian President at the request of the Union Cabinet and serve at the
President’s leisure.

They must be someone who meets the requirements to be appointed as a

Supreme Court judge. Therefore, they had to have served as a high court
judge for five years, a high court advocate for ten years, or an eminent
jurist in the President’s estimation.

The government of India needs the attorney general’s advice on any legal
issues that are referred to them.

Additionally, they carry out other legal obligations that the President has
given them.

The attorney general is entitled to appear before all Indian courts and to
take part in Parliamentary sessions, but not to vote.

In all Supreme Court actions (including lawsuits, appeals, and other

hearings) involving the Indian government, the attorney general represents
that government.

Comptroller and Auditor General of India

According to Article 148 of the Indian Constitution, the Comptroller and
Auditor General of India is the country’s top auditing body.

CAG is the Guardian of the Public Purse and Controls the entire financial
system of the Country.
They have the authority to examine all monies received and spent by the
Indian and state governments, as well as any autonomous organizations
and businesses that get significant government funding.

The President of India appoints India’s Comptroller and Auditor-General.

Based on misbehaviour or incapacity that has been demonstrated, the

CAG may only be removed by an address from both chambers of
parliament.

The CAG resigns from the position when they reach the age of 65 or the
end of their six-year term, whichever comes first, or through impeachment
processes.

The CAG’s responsibilities include auditing, the Consolidated Fund of India

and the States and Union Territories with Legislative Assemblies receipts
and expenditures.

National Commission for Scheduled Castes

The Indian Constitution’s Article 338 addresses the National Commission
for Scheduled Castes.

To provide safeguards against the exploitation of Scheduled Castes and

Anglo-Indian communities and to advance and protect their social,
educational, economic, and cultural interests, special provisions were made
in the Constitution.

The National Commission for Scheduled Castes reports to the Ministry of

Social Justice and Empowerment

The commission has sole responsibility to investigate, monitor, and

evaluate the success of any matters about the protections provided for the
Scheduled Castes by this Constitution, any other law currently in force, or
under any official order.

To look into particular concerns about the Scheduled Castes being denied
protections and rights, to participate in and provide advice on the planning
process for their socioeconomic development.

To provide reports on the operation of those safeguards to the President

every year and at other times the Commission may deem appropriate.
National Commission for Scheduled Tribes
The Constitution (89th Amendment) Act of 2003 created the National
Commission for Scheduled Tribes (NCST), an institution under the Indian
Constitution.

The Commission is made up of three full-time Members, a Vice-

Chairperson, and a chairperson. Each Commission member has a three-
year term beginning on the day they take on their new responsibilities.

The commission performs duties such as looking into, keeping an eye on,
and assessing the effectiveness of any issues relevant to the safeguards
given for the Scheduled Tribes under the Constitution, any other law
currently in effect, or any order of the government;

To look into particular allegations regarding the Scheduled Tribes’ lack of

protections and entitlements

National Commission for Backward Classes

The National Commission for Backward Classes of India (NCBC) is a
constitutional organization that reports to the Ministry of Social Justice and
Empowerment.

It was made a constitutional body by the 102nd Amendment Act.

Article 340 of the Indian Constitution states that the President must create
a commission to look into the social and economic conditions of the lower
classes.

The Commission shall consist of a Chairperson, Vice-Chairperson, and

three other Members.

The President shall appoint the Chairperson, Vice-Chairperson, and other

Members of the Commission by a warrant signed by him and sealed.

The terms of service and tenure of office of the members shall be such as
may be determined by the President by rule.

According to Section 9(1) of the NCBC Act, the commission evaluates

whether communities should be added to or removed from lists of those
designated as needing employment accommodations.

The commission then provides the Central Government with the necessary
advice.
Special Officer for Linguistic Minorities
To uphold the rights of linguistic minorities, the President of India appoints
a Special Officer for Linguistic Minorities as per Article 350 B of the Indian
Constitution.

The seventh Constitutional Amendment Act of 1956 inserted a new

article 350-B in the Constitution.

In order to investigate all matters relating to the safeguards provided for

linguistic minorities under the constitution, the Office of the Special Officer
for Linguistic Minorities was created in 1957.

At the Central level, the Commissioner falls under the Ministry of Minority
Affairs. Hence, they submit reports to the President through the Union
Minority Affairs Minister.

Advocate General
An advocate general is a state government’s legal counsel in India.

The position was established by the Indian Constitution under Article

165 and is equivalent to the position of Attorney General for India at the
level of the union government.

The Governor has the authority to assign the Advocate General any legal
person’s duties and functions. Each state’s governor is required to name an
advocate general who is qualified to be appointed as a judge of the High
Court.

The Advocate General is chosen by the Governor to provide legal advice to

the State Government on any problem.

They have the right to audience in any state court of law following the
Advocate General’s official responsibilities.

The Advocate General may participate as a member without the right to

vote in the proceedings of either house or any committee of the state
legislature.

These are just a few examples of constitutional posts and bodies in India,
and each plays a crucial role in upholding the principles of the Constitution,
ensuring governance, and safeguarding the rights of citizens. The powers,
functions, and responsibilities of various constitutional bodies are outlined
in the Constitution of India.
Structure, organization and functioning
of the Executive and the Judiciary
India has a parliamentary system of government with a separation of powers among the
executive, legislative, and judicial branches.

The executive and judiciary in India play distinct but interconnected roles in the governance
of the country. While the executive formulates and implements policies, the judiciary ensures
that these policies and actions are by the Constitution and the rule of law.

This separation of powers is essential for upholding democracy and protecting citizens’
rights in India.

Table of Contents

Toggle

 The Union Executive

o The President
o Vice-President
o Prime Minister
o Council of ministers
o Attorney General
 The State Executive
o Functions
 Judiciary
o Supreme Court of India
o High Court
o Sub-ordinate courts
 Constitutional provisions
 Structure and jurisdiction
 Independence of Judiciary
o Judicial review
o Judicial Overreach and Judicial Activism

The Union Executive

The Union Executive is included in Chapter I of Part V of the Indian
Constitution (Articles 52 to 78). The Union Executive’s role in the Indian
parliamentary system is extremely important.

The President, Vice-President, Council of Ministers, and Attorney-General make up

the Union Executive. The leader of the state in whose name the executive powers
are conferred but who does not exercise them is the President of the Union.

The nominal or titular executive is made up of them (de jure head). At the union
level, the Prime Minister and his council of ministers execute all the authority granted
to the nominal executive. They are the actual executive (de facto head).

The President
The executive branch of the Indian State is headed by the President.
  The executive power of the Union is vested in the President under Article 53 of the
Indian Constitution and may be exercised by him directly or through officers who
report to him in conformity with the Constitution.
 He is the Armed Forces Supreme Commander.
 He has the first rank under the warrant of precedence and is the first citizen of India.
 In his name, every executive decision is made.

Vice-President
According to Article 63, there shall be a vice president. In the event of the current
President’s death, resignation, or removal from office, he serves as President of the
Rajya Sabha/Council of State ex officio (Article 65)During the President’s absence,
illness, or for any other reason, the Vice President may also carry out the President’s
duties (Article 65)

Prime Minister
In addition to leading the Council of Ministers, the Prime Minister serves as the
President of India’s top advisor.

 If he is a member of the Lok Sabha, he must be 25 years old, or he must be 30 years

old if he is a member of the Rajya Sabha.
 He must be the head of the political party with a majority in the Lok Sabha, however,
he may be a member of either of the two chambers of Parliament.
 All of the government’s policies are coordinated by him.
 The Prime Minister shall be selected by the President, and the other Ministers shall
be appointed by the President on the advice of the Prime Minister, according to
Article 75(1) of the Constitution.

Council of ministers
According to Article 74 of the Constitution, there shall be a Council of Ministers,
headed by the Prime Minister, to assist and advise the President, who shall follow
their recommendations when performing his duties.

 The total number of Ministers in the Council of Ministers, including the Prime
Minister, shall not be more than 15% of the total number of House of People
members (added by the 91st Constitutional Amendment Act, 2003).
 The President’s pleasure governs the ministers’ tenure in office.
 The Lok Sabha/House of the People is the body to whom the Council of Ministers is
collectively answerable.

Cabinet: The Cabinet is a subset of the Council of Ministers and consists of senior
ministers who hold key portfolios. The Cabinet discusses and decides on major
policies and issues.

Civil Services: The Indian Administrative Service (IAS) and the Indian Police
Service (IPS), among others, are part of the permanent executive bureaucracy.
These civil servants play a crucial role in implementing government policies and
programs.

Attorney General

 The nation’s top law enforcement official is the Attorney General.

 The position of Attorney General of India is established by Article 76 of the
Constitution of India.
  On the recommendation of the government, the President appoints the Attorney
General.
 The President has the authority to fire the attorney general.

An essential component of Indian politics is the executive. In times of emergency,

the executive’s federal structure was changed to a unitary one, and the union
executive was given complete control over the state executive.

The State Executive

The State Executive is the branch of state government in charge of administering the
state and enforcing the law. The Governor serves as the official leader of the State
Executive, while the Chief Minister leads the Council of Ministers and is the state’s
attorney general.

The legislature, the executive branch, and the judiciary make up the three branches
of the government, which is built on the separation of powers. Enforcing laws passed
by the legislature and managing state governance are roles assigned to the state
executive.

The following individuals make up the State Executive:

 Governor
 Chief Minister
 Council of Ministers
 Advocate General of the State
 Non-Political Permanent Executive – Civil Servants

Functions

 Law enforcement: The major duty here is to uphold the rule of law and keep the
state’s law and order.
 Developing policies: The executive is tasked with making policies and preparing for
development.
 Lawmaking-related duties: Ministers also participate in drafting laws because they
are legislators.
 Delegated Legislation: The legislature gives the executive branch additional power
to enact laws.
 Financial Functions: Although the legislation is the guardian of all finances, the
executive is in charge of creating budgets and collecting and disbursing tax money.
 Quasi-Judicial Functions: One of its quasi-judicial functions is to appoint judges for
the lower courts and tribunal members.

Judiciary
An integrated judicial system with the Supreme Court at the top and the high court
below it has been established under the Indian constitution.

There is a system of inferior courts below the HC. The Government of India Act of
1935, which was implemented, established a single system of courts to uphold both
federal and state laws.
Supreme Court of India
The Supreme Court and the High Court are at the top and bottom, respectively, of an
integrated legal system established by the Indian constitution. There is a system of
inferior courts below the HC.

The Government of India Act of 1935, which was implemented, established a single
system of courts to uphold both federal and state laws.

In the USA, however, separate courts—one at the federal level and the other at the
state level—enforce both federal and state laws.

The GoI, 1935 provisions led to the establishment of the SC as India’s federal court.
Part V of the constitution deals with the SC’s structure, independence, remit,
authority, and processes in Articles 124 to 147. The legislature has the power to
regulate them

High Court
High courts serve as lower courts in India’s judicial hierarchy than the Supreme
Court. A high court and a system of lower courts make up the state’s judicial system.
When the high courts were established in Bombay, Calcutta, and Madras in 1862,
the High Court institution was born in India.

According to the Indian Constitution, there is a high court for each state, but the
Parliament has the power to establish a common high court for two or more states.

A state’s territory and a high court’s territorial jurisdiction are contiguous.

Additionally, the Parliament has the authority to increase or decrease a high court’s
jurisdiction over a Union Territory.

Also Read: Writs jurisdiction

Sub-ordinate courts
Below the High Courts are subordinate courts, which include district courts and other
specialized courts. These courts handle cases at the district and lower levels,
including civil, criminal, and family matters.

At the district and state levels, these courts serve as an adjunct to the High Court.

Constitutional provisions
The following provisions are made by Articles 233 to 237 in Part VI of the constitution
to control how subordinate courts are set up and to guarantee their independence
from the executive.

District judge appointments: The governor consults with the high court before making
any appointments.

Structure and jurisdiction

The organization, jurisdiction, and nomenclature of the subordinate judiciary are laid
down by the states

There are three tiers of civil and criminal courts below the high court.
Criminal courts:

 Sessions judge’s court (district level)

 Chief Judicial Magistrate court
 Judicial magistrate court

Civil court:

 District Judge
 Subordinate Judge’s court
 Munsiff’s court

The district judge is the most senior member of the judicial branch. In both civil and
criminal cases, he has both original and appellate authority.

He is referred to as the district judge when handling civil cases and as the session
judge when hearing criminal proceedings. A convicted felon could get both life in
prison and the death penalty from the session’s judge. However, the High Court
should affirm such a judgment.

Independence of Judiciary
Although the idea of judicial independence is relatively new, it is largely
acknowledged as a distinguishing feature of a liberal democratic society. However,
there is no definition of independence in the Indian Constitution.

Judicial independence, in terms of law, is the capacity to uphold the Rule of Law,
individual liberty and freedom, equality before the law, and impartial, effective judicial
oversight of the administrative and executive functions of the Government free from
bias or fear.

As a result, no other organ or branch of the government should have any authority
over the judicial arm of the state. According to this perspective, judicial
independence is founded on the fact that the courts have the power to exercise their
authority free from influence from the executive branch.

Judicial review
When a claim is made by the impacted party, the judiciary has the authority to
assess any act or order made by the legislative or executive branches and to rule on
its constitutionality. The Indian Constitution itself confers the authority for judicial
review (Articles 13, 32, 136, 142, and 147 of the Constitution).

India has an independent judiciary with broad authority over legislative and executive
actions. It is possible to define judicial review as the doctrine that allows the judiciary
to assess legislative and executive decisions. It is typically seen as the foundation of
an independent judiciary (Indira Gandhi vs. Raj Narain case).

The three types of judicial review, however, are reviews of legislative activities,
reviews of judicial decisions, and reviews of administrative actions. Judges must
therefore uphold the correct balance of authority and defend citizens’ rights to life
and liberty as well as human rights and fundamental freedoms.
 Judicial Overreach and Judicial Activism
Judicial activism is a theory of judicial decision-making that substitutes
constitutionalism for the judges’ individual opinions on matters of public policy.

Benefits of Judicial Overreach and Judicial Activism:

 Supports constitutional morality: The Naz Foundation Case, a significant case that
creatively applied this idea, used constitutional morality to invalidate Section 377 of
the Indian Penal Code and decriminalize homosexuality.
 Executive deficiency Political tenacity: In the Sabarimala ruling, Justice Chandrachud
went against the majority of religious opinion by ruling that women should be
permitted admission into the Sabarimala temple.
 Defend fundamental rights In 2017, triple talaq was outlawed because it violated
Muslim women’s fundamental rights.
 If the executive branch or Parliament had proposed the legislation, it would not have
been approved. For instance, Article 21 made the right to privacy a fundamental
right.
 Most reliable institution: Indians had 80% trust in the Supreme Court, according to a
People’s Survey of India survey. The supreme court is important to protect the rule of
law, while not being a body that is elected. Ex: Until Parliament passed legislation on
the matter, the Whistle Blowers Act was provided against corrupt authorities and
politicians.

Pressure Groups and Formal/Informal

Associations and Their Role in the
Polity
Table of Contents
 Update from ClearIAS.com
 Pressure Groups and Their Role in the Polity
 Pressure Groups in India
o Major Pressure Groups in India
 Growing Influence

Pressure Groups and Their Role in the Polity

A pressure group is a group of people who are organized actively for
promoting or defending their common interest. The term ‘pressure group’ is
used as the group attempts to bring a change in public policy by exerting
pressure on the government.

Pressure Groups are also known as Interest Groups or Vested Groups.

There is a large no. of formal /informal groups that influence the polity of
any country, right from the formation of government itself to day-to-day
governance issues. Superficially all the formal & informal associations
collectively could be termed ‘Interest Groups’ as all of them have certain
vested interests related to the general governance of the country.
Interest groups are numerous and of many kinds but whenever they
become active in achieving their interests through their attempts to
influence public affairs at the administrative or legislative level they are
termed Pressure groups.

Pressure groups are sometimes referred to as the ‘Anonymous Empire’ &

‘legislation behind legislature’ due to their strong presence and influence in
the polity. One of the characteristic features of any pressure group is that
they try to manipulate governmental affairs without any intention to have
any direct control over it which is one thing that differentiates it from a
political party.

Techniques Used by Pressure Groups:

1. Electioneering: Placing in public office persons who favor their

interests.
2. Lobbying: Persuading public officers to adopt and enforce policies of
their interest.
3. Propagandizing: Influencing the public opinion.

Pressure groups may sometimes make use of media to disperse their

views in public and win support. They may publish statistics in favor of their
claims. However, sometimes they may even resort to illegitimate and illegal
methods like strikes, violence, or even bribes.

Pressure Groups in India

 After independence, a single political party was dominant over the

government for a long time and the role of pressure groups was
limited & perceived negatively but today their role are taken to be
constructive and democratic.
 Conventional Pressure Groups (PGs) based on caste, community,
religion-based & regional groupings play a decisive role in Indian
polity.
 Most political parties do not have any clear nationalist ideology & they
remain backed by certain groups especially religious and minority
communities.
 There is also news about the presence of foreign lobbies in parliament
(e.g. lobbying by US companies in case of FDI). Institutional PGs like
FICCI, CII, etc. also influence policy decisions.
 PGs remain more concerned with administration rather than policy
decisions, much of their efforts are directed toward influencing general
administration.
 PGs make use of party platforms to put forward their concerns but
they lack alignment with any specific political party for long.
  Some groups are sponsored by political parties themselves e.g. Youth
Congress, ABVP, SFI, etc.
 Regarding techniques of PGs in India, they make use of traditional
means like invoking caste, region, or religion-based loyalties in key
persons keeping in view their background based on these parameters.
Among modern means, they resort to lobbying, funding political
parties, and supporting favorable persons in the legislature as well as
in key administrative posts.
 Some groups keep on emerging & dissolving as per circumstances or
for specific purposes. e.g. anti-dowry, anti-sati, etc.
 PGs in India are more dependent on means of direct action like
hunger strikes, demonstrations, chakka jams, etc.

Major Pressure Groups in India

 Business Groups – FICCI, CII, ASSOCHAM, AIMO, FAIFDA, etc.

(institutional groups).
 Trade Unions – AITUC, INTUC, HMS, CITU, BMS etc.
 Agrarian Groups- All India Kisan Sabha, Bharatiya Kisan Union etc.
 Student Organisations- ABVP, AISF, NSUI, etc.
 Religious Groups – RSS, VHP, Bajrang Dal, Jamaat-e-Islami etc.
 Caste Groups – Harijan Sevak Sangh, Nadar Caste Association etc
 Linguistic Groups – Tamil Sangh, Andhra Maha Sabha etc
 Tribal Groups – NSCN, TNU, United Mizo federal org, Tribal League
of Assam, etc.
 Professional Groups – IMA, BCI, IFWJ, AIFUCT etc
 Ideology-based Groups – Narmada Bachao Andolan, Chipko
Movement, Women Rights Organisation, India Against Corruption etc.
 Anomic Groups* – ULFA, Maoists, JKLF, All-India Sikh Student’s
Federation etc.

Note: Anomic pressure groups are spontaneous breakthroughs into the

political system of the society such as riots, demonstrations,
assassinations, and the like.

Growing Influence
Positive aspect: For a successful democracy it is important to generate
public opinion, so that the policy in question may be supported or
condemned. PGs help to educate people, compile data, and provide
specific information to policymakers, thus they work as an informal source
of information. Active constructive participation of numerous groups in
polity helps to reconcile general interests with individual group interests.

Negative aspect: Sometimes they have biased interests limited to a few

members. Most PGs except business groups & big community groups do
not have autonomous existence; they are unstable and lack commitment,
 and their loyalties shift with political situations that threaten the general
welfare. They may at times resort to unconstitutional means like violence;
the Naxalite movement started in 1967 in West Bengal is one such
example. And since pressure groups are not elected, it is not fair that they
decide crucial policy decisions in a democracy.

Government Policies And Interventions

For Development And Issues Arising
Out Of Their Implementation And
Design
How have developmental interventions in various sectors evolved
since independence? What are the various government policies for
development in various sectors? What are the issues arising out of
their implementation and design? Read on to know more.

Since gaining independence, the government has always placed high

importance on the nation’s and the community’s growth.

According to the Indian Constitution, the government must create an equal

social structure by guaranteeing the populace social, economic, and
political justice.

In order to achieve the ideals of justice, the nation set out on a course of
planned socio-economic development.

Table of Contents
 Development of India during the 1950s to 1980s
o Introduction of mixed economy
o Land reforms in India
o Agricultural reforms in India
 Sectoral policies and interventions for development in recent years
o Social Sector Development
o Major Governmental Interventions in the Social Sector in Recent Years
 Health
 Education
 Rural Development
 Urban development
 Women and child development
 Skill development
 Social security
 Issues arising out of the implementation of government policies
 Challenges in the implementation and design of government policies
 Factors to consider while designing government policies
Development of India during the 1950s to 1980s
The 1950s were a period of significant development for India. After gaining
independence from British rule in 1947, the country embarked on a
program of economic development and modernization.

In the 1950s, India implemented a number of major economic and social

reforms, including the introduction of a mixed economy and the
implementation of land and agricultural reforms.

The government also launched a number of ambitious development

projects, including the construction of large dams and the expansion of the
country’s transportation and communication infrastructure.

In addition to these efforts, India also made significant progress in

improving healthcare, education, and social welfare programs during this
period.

Introduction of mixed economy

A mixed economy is an economic system that combines elements of both a

market economy and a planned economy. In a mixed economy, the
government plays a role in the economy by providing certain public goods
and services, regulating certain industries, and redistributing income. At the
same time, the private sector is allowed to operate and compete freely in
certain areas.

In India, the mixed economy was introduced as part of the country’s efforts
to modernize and develop its economy after independence. The
government adopted a series of measures to promote economic growth,
including investments in infrastructure, industrial development, and
education.

At the same time, it implemented regulations and policies to protect

consumers, workers, and the environment, and established social welfare
programs to address poverty and inequality.

The mixed economy has played a significant role in India’s economic

development and has helped to raise living standards for many people in
the country.

Land reforms in India

In India, land reforms have been a significant part of the country’s

development efforts since independence. Some of the major land reforms
implemented in India include:
 1. Abolition of zamindari: The zamindari system was a feudal system
of land ownership that existed in India before independence. Under
this system, landlords (zamindars) were allowed to collect rent from
tenants, who had little security of tenure. The government abolished
the zamindari system in the 1950s, which led to the redistribution of
land to tenants and the creation of a more equitable land ownership
system.
2. Land ceiling laws: These laws set a maximum limit on the amount of
land that an individual or group could own. Any land above the ceiling
limit was required to be redistributed to landless or small farmers.
3. Tenancy reform: Tenancy reform laws were implemented to improve
the security of tenure of tenants and to give them the right to purchase
the land they were cultivating.
4. Consolidation of holdings: This process involved the consolidation
of small, fragmented plots of land into larger, more efficient units that
were easier to manage and cultivate.

To know more about the land reforms in India click here

Agricultural reforms in India

Agricultural reforms are measures taken by governments to improve the

efficiency and productivity of the agricultural sector. Some of the major
agricultural reforms implemented in India include:

1. Green Revolution: The Green Revolution was a program launched in

the 1960s to increase agricultural production in India through the use
of high-yield variety seeds, modern irrigation techniques, and the use
of chemical fertilizers and pesticides. The Green Revolution had a
major impact on India’s agriculture, leading to a significant increase in
crop yields and contributing to the country’s food security.
2. Land reforms: Land reforms, as discussed earlier, were measures
taken to alter the ownership, operation, and distribution of land in the
country. Land reforms were important for agriculture because they
helped to create a more equitable land ownership system, which in
turn led to more efficient and productive use of land.
3. Agricultural marketing: The government implemented a number of
measures to improve the marketing of agricultural products, including
the establishment of agricultural marketing boards and the
development of agricultural marketing infrastructure.
4. Extension services: The government also established extension
services to provide farmers with information about modern farming
techniques and to help them improve their farming practices.
Sectoral policies and interventions for development in recent years

Social Sector Development

The social sector development involves the following components:

 Poverty alleviation and employment generation

 Access to education
 Access to improved health services and public health
 Development of critical rural infrastructure, e.g. rural roads, housing,
sanitation, availability of safe drinking water, electricity etc.
 Urban infrastructure, housing, sanitation, sewage, waste disposal,
urban transport etc.
 Skill development for better livelihood means
 Enhanced social security
 Development of backward regions/district in the country

Major Governmental Interventions in the Social Sector in Recent Years

Some of the important government policies in various sectors are as

follows:

HEALTH

The government of India has implemented a number of major policies in

the health sector in order to improve access to healthcare and the quality of
healthcare services in the country. Some of the key policies include:

1. National Health Mission: The National Health Mission (NHM) is a

program launched by the government in 2005 to provide universal
access to healthcare services, including preventive, curative, and
promotional services. The NHM aims to improve the availability,
accessibility, and affordability of healthcare services in the country,
particularly for disadvantaged and marginalized communities.
2. Ayushman Bharat: Ayushman Bharat is a flagship health insurance
scheme launched by the government in 2018. The scheme provides
financial protection to poor and vulnerable households for healthcare
expenses, including inpatient and outpatient care. The scheme covers
over 500 million people and aims to reduce out-of-pocket expenditure
on healthcare.
3. National Mental Health Program: The National Mental Health
Programme (NMHP) is a program launched by the government in
1982 to improve mental health services in the country. The NMHP
aims to provide mental health care to all individuals, with a focus on
disadvantaged and marginalized communities.
4. National AIDS Control Program: The National AIDS Control
Programme (NACP) is a program launched by the government in
 1992 to prevent and control the spread of HIV/AIDS in the country.
The NACP provides HIV testing and counseling, antiretroviral therapy,
and other services to people living with HIV/AIDS.
5. National Tobacco Control Program: The National Tobacco Control
Programme (NTCP) is a program launched by the government in 2007
to reduce tobacco use in the country. The NTCP aims to create
awareness about the dangers of tobacco use, regulate the tobacco
industry, and provide support to tobacco users to quit.

EDUCATION

The government of India has implemented a number of policies in the

education sector to improve access to education and raise educational
standards. Some of the major policies in this area include:

1. Right to Education Act: The Right to Education Act, enacted in 2009,

makes education a fundamental right for all children aged 6 to 14. The
act requires the government to provide free and compulsory education
to all children in this age group.
2. National Education Policy: The National Education Policy,
announced in 2020, outlines the government’s vision for the education
sector and sets out a series of reforms to improve the quality of
education in the country. The policy aims to universalize access to
education, improve the quality of teaching, and promote research and
innovation.
3. Sarva Shiksha Abhiyan: The Sarva Shiksha Abhiyan is a flagship
program of the government that aims to universalize elementary
education in the country. The program provides funding and support to
states to improve access to education, particularly for disadvantaged
and marginalized groups.
4. Rashtriya Madhyamik Shiksha Abhiyan: The Rashtriya Madhyamik
Shiksha Abhiyan is a program that aims to improve the quality of
secondary education in the country. The program provides funding
and support to states to improve the infrastructure and quality of
secondary schools.
5. Higher Education Financing Agency: The Higher Education
Financing Agency is an institution that provides financial assistance to
eligible institutions for the development of infrastructure in the higher
education sector.

To know more about the education sector interventions click here

RURAL DEVELOPMENT

The government of India has implemented a number of policies to promote

rural development in the country. Some of the major policies include:
 1. Mahatma Gandhi National Rural Employment Guarantee Act
(MGNREGA): This act guarantees the right to employment to rural
households, and aims to provide at least 100 days of wage
employment in a financial year to every household whose adult
members are willing to do unskilled manual work.
2. Pradhan Mantri Gram Sadak Yojana (PMGSY): This scheme aims
to provide all-weather road connectivity to unconnected villages.
3. Swachh Bharat Abhiyan: This campaign aims to improve sanitation
in rural areas and eradicate open defecation.
4. National Rural Livelihoods Mission (NRLM): This mission aims to
reduce poverty and improve the livelihoods of rural households,
particularly those belonging to disadvantaged groups.
5. Deen Dayal Upadhyaya Grameen Kaushalya Yojana (DDU-GKY):
This scheme aims to provide skill development training to rural youth
and improve their employability.
6. National Agriculture Market (e-NAM): This initiative aims to create a
common electronic platform for the sale of agricultural produce, with
the goal of improving farmers’ access to markets and increasing their
income.

URBAN DEVELOPMENT

There are a number of major government policies in India related to urban

development, including:

1. The Jawaharlal Nehru National Urban Renewal Mission

(JNNURM): This policy was launched in 2005 to provide funding for
infrastructure development and urban renewal projects in cities and
towns across India. The goal of the policy was to improve the quality
of life in urban areas and to make them more livable.
2. The Smart Cities Mission: This policy was launched in 2015 to
develop 100 smart cities in India, which are defined as cities that use
technology to improve the quality of life for their citizens. The policy
aims to improve infrastructure, including transportation and
communication, and to make cities more livable and sustainable.
3. The Atal Mission for Rejuvenation and Urban Transformation
(AMRUT): This policy was launched in 2015 to provide funding for
infrastructure development and urban renewal projects in smaller
cities and towns. The goal of the policy is to improve the quality of life
in these areas and to make them more livable.
4. The Pradhan Mantri Awas Yojana (PMAY): This policy was
launched in 2015 to provide housing for all by 2022. The policy aims
to provide affordable housing to low-income households, particularly in
urban areas, and to address the shortage of housing in the country.
WOMEN AND CHILD DEVELOPMENT

The government of India has implemented a number of policies to improve

the welfare of women and children in the country. Some of the major
policies include:

1. National Policy for the Empowerment of Women: This policy aims

to promote the empowerment of women and gender equality by
addressing issues such as violence against women, discrimination,
and economic and social empowerment.
2. National Commission for Women: This commission is a statutory
body that works to protect and promote the rights of women, and
provides a forum for the redressal of women’s grievances.
3. Mahila Samakhya: This program is a decentralized, community-
based program that aims to empower women and promote gender
equality in rural areas.
4. National Plan of Action for Children: This plan outlines the
government’s strategy for promoting the rights and welfare of children,
and includes a focus on issues such as education, health, and
protection from abuse and exploitation.
5. Integrated Child Development Services (ICDS): This program
provides a range of services, including health, nutrition, and
education, to children under the age of six, with a focus on
disadvantaged and marginalized groups.
6. National Nutrition Mission: This mission aims to improve the
nutritional status of women and children, with a focus on
reducing malnutrition and anemia.

To know more about the government policies for women security click here

SKILL DEVELOPMENT

The government of India has implemented a number of policies to promote

skill development in the country. Some of the major policies include:

1. Skill India: This program aims to provide training and skill

development opportunities to young people in India, with a focus on
disadvantaged and marginalized groups.
2. National Skills Development Corporation: This organization is a
public-private partnership that works to promote skills development in
India, including through the establishment of training centers and the
development of skill development programs.
3. Pradhan Mantri Kaushal Vikas Yojana: This scheme provides
financial assistance to individuals to undergo skill development
training, with a focus on providing employment opportunities to young
people.
 4. National Apprenticeship Promotion Scheme: This scheme aims to
promote apprenticeships as a means of providing practical training
and job opportunities to young people.
5. National Skill Development Fund: This fund provides financial
support to skill development initiatives in the country, including
through the provision of grants and loans.

SOCIAL SECURITY

The government of India has implemented a number of policies to provide

social security to its citizens, including:

1. National Old Age Pension Scheme: This scheme provides a

monthly pension to elderly people who are not able to support
themselves financially.
2. National Family Benefit Scheme: This scheme provides a one-time
financial assistance to families in the event of the death of the primary
breadwinner.
3. Janani Suraksha Yojana: This scheme provides financial assistance
to pregnant women to encourage them to deliver their babies in health
facilities.
4. Rashtriya Swasthya Bima Yojana: This scheme provides health
insurance coverage to poor and vulnerable families.
5. Pradhan Mantri Awas Yojana: This scheme provides financial
assistance to families for the construction or renovation of their
homes.
6. Pradhan Mantri Ujjwala Yojana: This scheme provides financial
assistance to poor families for the purchase of LPG gas connections.
7. Pradhan Mantri Matru Vandana Yojana: This scheme provides
financial assistance to pregnant and lactating women to improve their
health and nutrition.

Issues arising out of the implementation of government policies

Like any government policies, the policies implemented by the government
of India in various sectors have also faced a number of challenges and
issues. Some of the key issues that have arisen include:

1. Implementation challenges: Many of the policies implemented by

the government have faced challenges in terms of their
implementation, particularly in the areas of healthcare, education, and
infrastructure. For example, there have been issues with the
availability of funds and the capacity of the government to deliver the
promised services.
2. Resistance from stakeholders: Some of the government’s policies
have faced resistance from various stakeholders, including political
parties, interest groups, and the general public. For example, land
 reforms and industrial policies have faced resistance from landlords
and industrialists, respectively.
3. Lack of transparency: There have been allegations of corruption and
lack of transparency in the implementation of some government
policies, which have led to public mistrust and skepticism.
4. Short-term focus: Some critics have argued that the government’s
policies have focused too much on short-term gains and have not
adequately addressed long-term issues and challenges.
5. Inequality and social exclusion: Some of the government’s policies
have been criticized for not adequately addressing issues of inequality
and social exclusion, and for not adequately benefiting disadvantaged
and marginalized groups.

Challenges in the implementation and design of government policies

There are several challenges that governments may face in the
implementation of their policies:

1. Lack of resources: Implementation of policies often requires

significant resources, including funding, personnel, and infrastructure.
Governments may face challenges in securing the necessary
resources to implement their policies effectively.
2. Bureaucratic hurdles: Governments may face challenges in
navigating bureaucratic processes and overcoming administrative
barriers to policy implementation.
3. Lack of political support: Governments may face opposition from
political parties or interest groups, which can hinder the
implementation of their policies.
4. Public resistance: Governments may face resistance from the
general public, who may be opposed to certain policies or skeptical of
their effectiveness.
5. Implementation capacity: Governments may lack the capacity to
effectively implement their policies, due to a lack of skilled personnel
or technical expertise.
6. Complexity: Some policies may be complex and difficult to
implement, particularly if they require the coordination of multiple
agencies or stakeholders.
7. Unintended consequences: Governments may face unintended
consequences as a result of their policies, which can require
adjustments to the policies or their implementation.

Factors to consider while designing government policies

There are several factors that governments should consider while
designing policies:
 1. Objectives: The government should clearly define the objectives of
the policy, including the specific problems it aims to solve and the
goals it aims to achieve.
2. Evidence: The government should base its policies on evidence,
including data and research on the issues being addressed. This will
help to ensure that the policies are grounded in reality and are likely to
be effective.
3. Feasibility: The government should consider the feasibility of
implementing the policy, including the resources and capabilities
required to implement it.
4. Equity and fairness: The government should consider how the policy
will impact different groups of people, and ensure that it is fair and
equitable.
5. Sustainability: The government should consider the long-term
implications of the policy, and ensure that it is sustainable and does
not create unintended consequences.
6. Consistency: The government should consider how the policy fits
with other existing policies and laws, and ensure that it is consistent
with the overall policy framework.
7. Public consultation: The government should involve the public in the
policy-making process, and seek input and feedback from a diverse
range of stakeholders.

The implementation of government policies can be a complex and

challenging process, and requires careful planning and coordination to
ensure success. By considering the above factors, governments can
ensure that their policies are well-designed and effective in addressing the
problems they are intended to solve.

Statutory, Regulatory, and Various

Quasi-judicial Bodies
What are Statutory, Regulatory, and Quasi-judicial institutions? Which
of them is included in India? How do they work? Read further to know
more.

Statutory, Regulatory, and Quasi-judicial bodies are set up in order to pay

close attention to some of the challenges a nation faces.

They exclusively work to advance and maintain the sector that the Indian
government has given them responsibility.

In this article, you can learn more about statutory, regulatory, and various
quasi-judicial bodies.
 Table of Contents
 Statutory Bodies
o Securities & Exchange Board of India
o National Human Rights Commission
o National Commission for Women
o National Commission for Minorities
o National Commission for Protection of Child Rights
o Central Vigilance Commission
o National Green Tribunal
o Armed Forces Tribunal
o Unique Identification Authority of India
o Competition Commission of India
o Commission for Air Quality Management
o National Legal Services Authority
 Regulatory Bodies
o Reserve Bank of India
o Telecom Regulatory Authority of India
o Insurance Regulatory & Development Authority of India
o Competition Commission of India
o Food Safety and Standards Authority of India
o Medical Council of India
o Pension Fund Regulatory & Development Authority
o Bureau of Indian Standards
o Board of Control for Cricket in India
 Quasi-Judicial Bodies
o National Green Tribunal
o National Human Rights Commission
o Central Information Commission
o National Consumer Disputes Redressal Commission
o Appellate Tribunal for Electricity
o Income Tax Appellate Tribunal
o Customs, Excise and Service Tax Appellate Tribunal

Statutory Bodies
Statutory bodies are constituted by legislation passed by the relevant state
legislatures or by the act of Parliament.

 Statutory bodies are non-constitutional organizations that make

laws and make decisions on the government’s behalf.
 As these bodies were founded by the appropriate act, they received
their authority, responsibility, and obligations from that act.
 Statutory organizations are created to carry out particular duties.
These are sector-specific and reduce the government’s workload.
 The government may offer a certain degree of autonomy in its
operations and member selection. Although the government must
ensure financial responsibility in its operations.
 The statutory bodies are further divided into Regulatory Bodies and
Quasi-Judicial Bodies
Securities & Exchange Board of India

In compliance with the Securities and Exchange Board of India Act, of

1992, SEBI was founded as a statutory entity on April 12, 1992.

The Securities and Exchange Board of India‘s core responsibilities include

promoting and regulating the securities market as well as safeguarding the
interests of investors in securities.

National Human Rights Commission

The National Human Rights Commission (NHRC) was established in

1993 under the Protection of Human Rights Act (PHRA), 1993 which
was later amended by the Protection of Human Rights (Amendment) Act,
2006. They are mandated to protect the rights and dignity of Indian
citizens.

National Commission for Women

On January 31, 1992, the National Commission for Women (NCW) was
founded under the National Commission for Women Act, of 1990. It was
created with the intention of ensuring that women in India have a fair and
equitable standard of living through legal and constitutional changes.

National Commission for Minorities

Under the National Commission for Minorities Act, the Union

Government formed the National Commission for Minorities (NCM) in 1992.
Six religious groups—Muslims, Christians, Sikhs, Buddhists, Zoroastrians
(Parsis), and Jains—have been classified as minority groups by the Union
Government in India’s Gazette.

National Commission for Protection of Child Rights

The National Commission for Protection of Child Rights (NCPCR) was

established under the Commission for Protection of Child Rights (CPCR)
Act, 2005.

Under the act, “child rights” includes the children’s rights adopted in
the United Nations Convention on the Rights of the Child in November
1989 which was ratified by the Indian Government on 11 December 1992.

Central Vigilance Commission

In order to combat official corruption, the government established

the Central Vigilance Commission in February 1964.
But The Central Vigilance Commission became statutory in 2003 after
the Central Vigilance Commission Bill Act 2003 was enacted by
Parliament.

National Green Tribunal

By virtue of the National Green Tribunal (NGT Act of 2010), the National
Green Tribunal (NGT) was established on October 18, 2010. It is a
specialized organization charged with addressing environmental issues,
particularly those involving multiple disciplines.

Armed Forces Tribunal

The Armed Forces Tribunal is an Indian military tribunal. It became a legal

entity on August 8, 2009, and it was created in accordance with
the Armed Forces Tribunal Act of 2007.

Unique Identification Authority of India

The central government of India’s Unique Identification Authority, or UIDAI,

is an organization tasked with gathering demographic and biometric data
on the nation’s citizens, storing the information in a large database, and
issuing each citizen of the nation a 12-digit unique identity number known
as an Aadhaar.

The Aadhaar (Targeted Delivery of Financial and Other Subsidies,

Benefits and Services) Act, 2016, established UIDAI.

Competition Commission of India

The Competition Commission of India (CCI) is a statutory body of the

Government of India responsible for enforcing The Competition Act, of
2002.

It was duly constituted in March 2009.

Commission for Air Quality Management

The Commission for Air Quality Management in National Capital

Region and Adjoining Areas, Act 2021 established the Commission for
Air Quality Management (CAQM), a statutory agency.

It was founded in August 2021 as a centralized organization to regulate

the air quality in Delhi NCR.
National Legal Services Authority

The National Legal Services Authority of India was founded under

the Legal Services Authorities Act of 1987 in order to build a standard
national network that would offer professional legal services to the less
fortunate members of society at no cost.

Regulatory Bodies
A regulatory body, sometimes known as a regulatory agency, is a public
authority or a governmental agency that is responsible for acting
independently to regulate or supervise a particular sector of human activity.

They may or may not be directly supervised by an executive branch of the

government, or they may be given the statutory right to carry out their
duties under the direction of the legislative branch.

Regulatory agencies are typically created to enforce safety standards,

monitor the use of public resources, and control business.

Important Regulatory bodies in India are:

Reserve Bank of India

The Reserve Bank of India (RBI) is the responsible body in the nation, in
charge of overseeing economic stability and growth as well as managing all
significant monetary policies.

In compliance with the guidelines of the Reserve Bank of India Act, 1934,
the Reserve Bank of India was founded on April 1st, 1935.

Telecom Regulatory Authority of India

The Telecom Regulatory Authority of India Act, 1997, an Act of

Parliament, established the Telecom Regulatory Authority of India (TRAI)
on February 20, 1997, to regulate telecom services, including the fixing
and adjustment of tariffs.

Insurance Regulatory & Development Authority of India

The Indian government’s Insurance Regulatory and Development Authority

of India (IRDAI) is in charge of overseeing and advancing the insurance
industry.
Competition Commission of India

The Competition Commission of India (CCI) is a statutory body of the

Government of India responsible for enforcing the Competition Act, of
2002.

Food Safety and Standards Authority of India

The Food Safety and Standards Act of 2006 established the Food Safety
and Standards Authority of India (FSSAI) as a legislative organization.

Additionally, this law sets the foundation for India’s food safety laws to be
created and implemented.

Medical Council of India

A statutory organization called the Medical Council of India (MCI) is in

charge of guaranteeing the quality and standardization of medical
education in India. In 1934, it was established as a result of the Indian
Medical Council Act of 1933.

Pension Fund Regulatory & Development Authority

The Pension Fund Regulatory and Development Authority Act of

2013 created the Pension Fund Regulatory and Development Authority
(PFRDA), a statutory regulatory agency.

It was created to oversee and control the National Pension System (NPS)
and the Indian pension industry.

Bureau of Indian Standards

BIS is India’s National Standard Body established under the BIS Act
2016 for the total development of standardization, certification, and quality
assurance of goods, as well as things associated with or supplementary
thereby.

Board of Control for Cricket in India

The national governing organization for cricket in India is called the Board
of Control for Cricket in India (BCCI). The board was established
in December 1928.

Quasi-Judicial Bodies
A Quasi-Judicial Body is a body, usually of a Public Administrative Agency,
that has powers and processes similar to those of a Court of Law or Judge
and is required to impartially establish the facts and draw conclusions from
them in order to serve as the foundation for official action.

According to another definition, a quasi-judicial body is “an organ of

government other than a court or legislature, which impacts the rights of
private parties either through adjudication or rulemaking.”

 A quasi-judicial body, such as the National Green Tribunal, need not

be a court of law.
 These organizations work to lighten the load on the judiciary. The
concerns that are relevant to the specific administrative agency are
the only ones that fall under quasi-judicial activity.
 A quasi-judicial decision may be challenged in court.
 These groups typically have settlement powers over issues including
misconduct, norms of conduct, and trust in financial or other problems.
 They often only have authority over matters related to their field of
expertise, which may be financial markets, employment laws, public
standards, immigration, or regulation.

Important Quasi-Judicial Bodies in India:

National Green Tribunal

With the Notification of the Central Government, the National Green

Tribunal (NGT) Act came into force in 2010. NGT exercises the
jurisdiction, powers, and authority granted to it by or under the NGT Act.

National Human Rights Commission

The National Human Rights Commission (NHRC) was established in 1993

under the Protection of Human Rights Act (PHRA), 1993 which was later
amended by the Protection of Human Rights (Amendment) Act, 2006.
They are mandated to protect the rights and dignity of Indian citizens.

Central Information Commission

In accordance with the Right to Information Act of 2005, the Central

Information Commission was established in 2005.

The Central Information Commission (CIC) is a crucial component of the

nation’s effective governance.

National Consumer Disputes Redressal Commission

The National Consumer Disputes Redressal Commission or the NCDRC is

a quasi-judicial commission established as per the provisions of
the Consumer Protection Act, 1986.
Appellate Tribunal for Electricity

The Electricity Act of 2003 established the Appellate Tribunal for

Electricity as a statutory and independent body to hear complaints,
appeals, or original petitions challenging decisions made by the State
Regulatory Commission, Central Regulatory Commission, Joint
Commission, or adjudicating officer.

Income Tax Appellate Tribunal

In order to handle appeals involving the Direct Taxes Acts, the Income Tax
Appellate Tribunal (ITAT) was founded in January 1941 as a quasi-judicial
body.

The rulings of the ITAT are final; only a substantive question of law that
requires resolution may be appealed to the High Court.

Customs, Excise and Service Tax Appellate Tribunal

A quasi-judicial organization in India that handles appeals against orders

and judgments made under the Central Excise Act of 1944 and
the Customs Act of 1962 is called the Customs, Excise, and Service Tax
Appellate Tribunal (CESTAT).

Under section 129 of the 1962 Customs Act, it was established as the
Customs, Excise, and Gold (Control) Appellate Tribunal (CEGAT)