FUNCTIONING OF PARLIAMENT, STATE LEGISLATURE/LOCAL GOVERNMENT

1. ELECTION OF PRESIDENT

Recently election of15th President of India was held. Smt. Droupadi Murmu was elected as new President.

The President of India is elected by an Electoral College comprising of Members of Parliament and Members of Legislative Assemblies of states and elected members in the legislative assemblies of states and UTs, including Delhi, Puducherry, and Jammu and Kashmir, excluding nominated members and members of Legislative Councils. The election is held through a system of proportional representation by means of a single transferable vote. The winning candidate has to secure 50% of valid votes polled plus one to be declared elected. Anti-defection law is not applicable in presidential election, and the electors are not bound to vote along party lines. The Election Commission of India conducts the presidential election as per Article 324 of the Constitution. The value of a vote of an MP in the presidential election is based on the number of elected members in the legislative assemblies of states and UTs, including Delhi, Puducherry, and Jammu and Kashmir. The value of the vote of an MP was 708 since 1997, but in the 2022 presidential election, it was reduced to 700 due to the absence of a legislative assembly in Jammu and Kashmir.

2. PARDONING POWER OF PRESIDENT AND GOVERNOR

SC made observation on Centre’s claim that the President, and not Tamil Nadu Governor, has exclusive power to decide Rajiv Gandhi assassination convict A.G. Perarivalan’s plea for pardon.

According to the Constitution of India, the Governor of a state is appointed by the President and holds office during the pleasure of the President. If the President withdraws this pleasure before the completion of the Governor’s five-year term, the Governor must step down. However, there are no specific provisions in the Constitution that outline how a Governor and a state government must engage.

Comparison between Pardoning Power of President and Governor

Pardoning Power	President	Governor
Pardon	Yes	Yes
Commutation	Yes	Yes
Remission	Yes	Yes
Respite	Yes	Yes
Reprieve	Yes	Yes
Military Court	Yes	No
Death Sentence	Yes	No
Suspension	No	Yes

Note: The President can pardon sentences inflicted by court martial (military courts) and pardon death sentence, while the governor cannot. However, the governor can suspend, remit, or commute a death sentence.

3. LOKPAL AND LOKAYUKTA

Recently, Kerala Legislative Assembly passed the Kerala Lokayukta (Amendment) Bill, 2022.

The term “Lokpal-Lokayukta” was coined by L. M. Singhvi in 1966, and in 2014, the Central Lokpal and Lokayuktas Act, 2013 was notified. This act provides for the establishment of a statutory body of Lokpal for the Union and Lokayukta for states, which aims to inquire into allegations of corruption against certain public functionaries and other connected matters. Lokayuktas are the state equivalents of the central Lokpal, with some states already having established their own Lokayuktas, such as Maharashtra in 1971 and Kerala in 1999. The act extends to the entire country and applies to public servants both in and outside of India.

Lokpal and Lokayuktas Act, 2013

Specification	Details
Composition	Lokpal consists of a chairperson and a maximum of eight members, of which 50% shall be judicial members and 50% shall be from SC/ST/OBCs, minorities and women.
Tenure of office	Chairperson and members of Lokpal are appointed for term of five years or until attaining age of 70 years, whichever is earlier.
Selection Committee (SC)	Chairperson and Lokpal Members shall be appointed by President on recommendations of a SC.
Confiscation of property	Acquired by corrupt means, even while prosecution is pending.
Timelines for enquiry, investigation	60 days for completion of inquiry and 6 months for completion of investigation by CBI. This period of 6 months can be extended by Lokpal on a written request from CBI.
Power with respect to CBI	Power of superintendence and direction over any investigation agency including CBI for cases referred to them by Lokpal. Transfer of officers of CBI investigating cases referred by Lokpal would need approval of Lokpal.
Lokayuktas	They shall have jurisdiction over CM, Ministers, MLAs, all state government employees and certain private entities (including religious institutions).
Removal	Lokpal Members and Chairperson shall be removed by President after an inquiry by SC. For that, a petition has to be signed by at least 100 Members of Parliament (MP).
Lokpal Jurisdiction	It extends to Prime Minister, Ministers, MP, Group A, B, C and D officers and officials of central government. Any society or trust or body that receives foreign contribution above ₹10 lakh.

4. PARLIAMENTARY COMMITTEES

In a first ever comprehensive study of Rajya Sabha Secretariat, a panel has presented its recommendations to Chairman regarding increasing Tenure of House Committees.

The Rajya Sabha (RS) secretariat was established as per Article 98 of the Indian Constitution, which mandates separate secretarial staff for each house of parliament. The RS secretariat operates under the guidance and control of the RS Chairman.

Parliamentary Committees (PC) are panels of Members of Parliament (MPs) appointed, elected or nominated by the Speaker, who work under the Speaker’s direction and present their reports to the House or to the Speaker. These committees have their origins in the British Parliament and draw their authority from Articles 105 and 118 of the Indian Constitution. While Parliament is not bound by recommendations of these committees, they are an important part of parliamentary functioning.

The Indian Constitution mentions parliamentary committees in different places but does not provide specific provisions regarding their composition or tenure. These matters are instead dealt with by the rules of the two houses of parliament.

5. NATIONAL REGISTER OF CITIZENS (NRC)

CAG report on compliance audit of ‘logistical arrangements for NRC updation project in Assam’ has flagged data tampering risk in updating of NRC in Assam.

The National Register of Citizens (NRC) is an official record of legal Indian citizens and is used to identify migrants from erstwhile East Pakistan, now Bangladesh. Currently, only Assam has an NRC, which was first prepared in 1951 and updated in 2019. The NRC was updated as per the provisions of the Citizenship Act, 1955 and the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003.

Section 6A of the Citizenship Act grants foreigners who entered Assam before January 1, 1966, all rights and obligations of Indian citizens. The NRC includes the names of individuals who appeared in any electoral rolls up to the midnight of March 24, 1971, or the 1951 NRC, as well as their descendants. The NRC’s origin can be traced back to the Assam Accord of 1985.

Non-inclusion of a person’s name in the NRC does not automatically declare them a foreigner. Individuals can present their case before foreigners’ tribunals.

Foreigners’ tribunals are quasi-judicial bodies that have been established to determine the citizenship status of individuals whose names do not appear in the NRC. The tribunal’s decision can be challenged before the High Court and then the Supreme Court of India.

The NRC has been a contentious issue in Assam, with some political parties and civil society organizations expressing concerns over its implementation. Critics argue that the NRC process has excluded genuine citizens and has been discriminatory towards certain groups, particularly Bengali-speaking Muslims.

In 2019, the Government of India published a draft National Register of Citizens (NRC) for Assam, which excluded around 19 lakh people. The exclusion created a massive uproar in Assam, and people from different sections of society came out to protest against it. After the draft NRC was published, individuals whose names were excluded were given an opportunity to file claims and objections. The final NRC list was published on August 31, 2019, which excluded around 19 lakh individuals. The government has not yet announced plans to implement NRC in other parts of the country.

6. DELEGATED LEGISLATION

Recently, SC observed that a delegated legislation which is ultra vires the parent Act cannot be given any effect.

Delegated legislation is a process by which executive authorities are given the power by primary legislation to make laws and rules to implement and administer the requirements of that primary legislation. The Constitution of India gives legislative power to the legislature while the executive has the power to execute laws. Due to the paucity of time, the legislature limits itself to policy matters and delegates the task of making rules and regulations to the executive or any subordinate to supplement the parliamentary statute.

As per a ruling by the Supreme Court of India, delegated legislation should not travel beyond the purview of the parent Act. If it does, it is ultra vires and cannot be given any effect. The court held that delegated legislation, including rules and regulations formed by State and Central authorities, should not supplant but supplement the parliamentary statute from which it draws power from.

Purpose of Delegated Legislation
Provide flexibility and efficiency in law-making
Allows executive authorities to make detailed rules and regulations necessary for effective implementation of primary legislation
Allows legislature to focus on policy matters
Enables timely and efficient updating of laws
Ensures that experts with specialized knowledge and expertise can make detailed rules and regulations
Helps in areas where law needs to keep up with rapidly changing circumstances
Should not exceed the powers granted by the parent Act
Should not violate constitutional principles such as the separation of powers, due process, and equal protection under the law
Courts play a crucial role in ensuring that delegated legislation is consistent with the constitution and does not overstep its bounds

7. PANCHAYATS (EXTENSION TO THE SCHEDULED AREAS) ACT,1996

Recently, Chhattisgarh notified the rules for implementation of Panchayats (Extension to the Scheduled Areas) (PESA) Act, 1996 on the occasion of World Tribal Day.

The PESA Act was enacted in 1996 based on the recommendations of the Dileep Singh Bhuria Committee for tribal empowerment and mainstreaming. The Act provides for the extension of provisions of Part IX of the Constitution relating to Panchayats to Scheduled Areas of 10 States under Article 244(1) read with Schedule 5, with certain modifications and exceptions. These 10 states are Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana. With the PESA rules being notified, Chhattisgarh became the seventh state in the country to frame rules and implement PESA after Andhra Pradesh, Gujarat, Himachal Pradesh, Maharashtra, Rajasthan and Telangana. The Ministry of Panchayati Raj is the nodal Ministry for implementation of the provisions of PESA in the States. The PESA Act is also called a ‘Constitution within the Constitution’.

Other features of PESA Act, 1996

Features of PESA Act, 1996	Explanation
Conformity with customary law	State Legislation on Panchayats shall be in conformity with customary law, social and religious practices and traditional management practices of community resources.
Gram Sabha	Every village shall have a Gram Sabha (GS) consisting of persons whose names are included in electoral rolls for Panchayat at village level.
Role and responsibility of Gram Sabha	GS has roles and responsibilities in approving all development works in village, identify beneficiaries, issue certificates of utilization of funds; powers to control institutions and functionaries in all social sectors and local plans. Every GS to safeguard and preserve traditions and customs of people, their cultural identity, community resources and the customary mode of dispute resolution.
Reservation	Every panchayat to have reservation of seats in proportion to community population (minimum of 50 percent) with Chairperson of Panchayats at all levels to be reserved for STs.

TO THE POINT

1. Recently, the Jharkhand Governor sent the matter of Chief Minister’s disqualification as an MLA for holding an office of profit to the Election Commission of India.The term ‘office of profit’ refers to a position that brings financial gain or benefit to the officeholder. It is not defined in the Constitution or Representation of People Act, 1951. According to Article 102(1) and Article 191(1) of the Constitution, an MP, MLA, or MLC is not allowed to hold any office of profit under the central or state government. The provision also protects a legislator if the office in question has been made immune to disqualification by law. In case of any questions of disqualification, the matter shall be referred to the President and Governor, who shall obtain the opinion of the Election Commission and act accordingly.
2. The Ministry of Finance has revised the rules for the Members of Parliament Local Area Development Scheme (MPLADS), under which the interest accrued on the fund will be deposited in the Consolidated Fund of India instead of being added to the MPLADS account for development projects. The aim of the proposed changes is to ensure the timely and efficient utilization of funds. MPLADS was launched in 1993 to enable MPs to suggest and execute developmental works based on locally felt needs with an emphasis on creating durable assets. Under this scheme, MPs receive Rs. 5 crore each year in two installments of Rs. 2.5 crore each, and they must recommend at least 15% of MPLADS funds for areas inhabited by SC population and 7.5% for areas inhabited by ST population. The funds under MPLADS are non-lapsable, and the district authority is responsible for coordinating and supervising works under the scheme at the district level and inspecting at least 10% of works under implementation every year. The Ministry of Statistics and Programme Implementation is responsible for policy formulation, releasing funds, and prescribing a monitoring mechanism for the implementation of the scheme.
3. The National e-Vidhan Application (NeVA) is an online platform developed to make all work and data related to legislative bodies available for citizens and members of Assemblies. It has been re-designated as NeVA from the earlier e-Vidhan. The Ministry of Parliamentary Affairs is the nodal ministry for rolling out NeVA. The aim of NeVA is to bring together all legislatures of the country in one platform, creating a massive data depository. It will help in streamlining information related to various state assemblies and eliminate the use of paper in day-to-day functioning.
4. Recently, 7 new districts were created in West Bengal.The power to create or abolish districts lies with state governments in India. The state government can pass a law in the assembly or issue an order and notify it in the gazette to create or abolish a district. The central government does not have a say in the matter, except when a change of name of a district or railway station is contemplated, in which case permission from the centre is required. Recently, 7 new districts were created in West Bengal by the state government.
5. The Speaker of a Legislative Assembly (LA) in India does not have the power to take away the status of a former MLA while deciding a disqualification plea against a lawmaker under the 10th schedule of the Constitution (Anti-defection). This was ruled by the Supreme Court of India in a recent case. In 2014, the Speaker of the Bihar LA not only disqualified some of the speakers under the 10th schedule but also took away their status of being treated as former lawmakers, depriving them of pension and other benefits. However, the Supreme Court had earlier ruled in Kihoto Hollohan v Zachillhu and Others (1992) that the power of the speaker under the 10th schedule is subject to judicial review.
6. Committee of Parliament on Official Language has submitted its report.The mandate of the committee is to review the progress made in the use of Hindi for official purposes and to make recommendations to increase the use of Hindi in official communications. The Committee of Parliament on Official Language was set up in 1976 under the Official Languages Act, 1963. It is constituted by the Ministry of Home Affairs and chaired by the Union Home Minister.
7. The Northeastern Council (NEC) has completed 50 years, and to mark this occasion, the Prime Minister of India outlined eight pillars for the development of the Northeast region.These pillars include peace, power, tourism, 5G connectivity, culture, natural farming, sports, and potential. Additionally, the Prime Minister inaugurated the ‘Grih Pravesh’ program in Tripura for more than two lakh beneficiaries under the Pradhan Mantri Awas Yojana (Urban and Rural) schemes.
8. Eastern Zonal Council, comprising states of Bihar, Odisha, West Bengal and Jharkhand, held a meeting in Kolkata. Zonal Councils are advisory bodies comprising of states and union territories which discuss and resolve matters of common interest among them and between them and the Centre. There are five Zonal Councils in India: Eastern, Northern, Central, Western, and Southern.The Northern Zonal Council includes Himachal Pradesh, Jammu & Kashmir, Punjab, Rajasthan, National Capital Territory of Delhi and Union Territory of Chandigarh. The Central Zonal Council consists of Chhattisgarh, Uttarakhand, Uttar Pradesh and Madhya Pradesh. The Western Zonal Council includes Goa, Gujarat, Maharashtra and the Union Territories of Daman & Diu and Dadra & Nagar Haveli. Finally, the Southern Zonal Council includes Andhra Pradesh, Karnataka, Kerala, Tamil Nadu and the Union Territory of Puducherry.