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title: "Vol 1 0"
book: "PG MPUB 103 (1st Sem) Indian Administration"
category: "PG MPUB"
publisher: "Ratan Prakashan Mandir Pvt. Ltd."
type: "Educational Material"
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According to Latest Syllabus
Read For Sure Success
In University Examination
RATAN
TEXT BOOK
INDIAN ADMINISTRATION
Vol-1
M.A.Pub.Ad. (Sem-I)
Dr. Vinod Sen
Published by
Ratan Prakashan Mandir Pvt. Ltd.
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UNIT-I
EVOLUTION OF INDIAN ADMINISTRATION
Structure

1.1    Introduction

1.2    Learning Objective

1.3    Administrative Organization
Self-Check Exercise 1

1.4    Administrative Organization and its divisions
Self-Check Exercise 2

1.5 Financial Administration
Self-Check Exercise 3

1.6    Salient Feature of Mughal Administration
Self-Check Exercise 4

1.7    The Emperor
Self-Check Exercise 5

1.8    The King Council
Self-Check Exercise 6

1.9    Chief Departments of Administration
Self-Check Exercise 7

1.10    Personnel Administration
Self-Check Exercise 8

1.11 Provincial Administration
Self-Check Exercise 9

1.12 Local Government
Self-Check Exercise 10

1.13    Mughal Empire
Self-Check Exercise 11

1.14    Babur and Humayun ( 1526-1556)
Self-Check Exercise 12

1.15    Akbar to Aurangzeb (1556-1707)
Self-Check Exercise 13

1.16    Decline (1707-1857)
Self-Check Exercise 14

1.17    IndianCouncilAct1861
Self-Check Exercise 15

1.18    IndianCouncilAct1892
Self-Check Exercise 16

1.19    Summary

1.20    Glossary

1.21    Answer to Self Check Exercises

1.22    References/Suggested Readings

1.23    Terminal Questions

1.1    Introduction
The Dharama-sutras do not contain any systematic exposition of legal principles doctrines such as we find in the Dharmasastras and Arthasastras of the later age. Nor does their conception of law and politics conform to our present ideas on the subject. As we shall see later they “cover for more than law and do not cover the whole of law.” As regards politics they view the state or society as an organic whole, in which the different elements, such as the king and the people, play their part according to Dharma or Law, imposed or at least sanctioned by the Divine Will. Life is also regarded as whole without any sharp distinction between public and private, or individual and collective. As a matter of fact the collective organization of society dominates over the idea of individual person. Each individual has his duty and responsibility, rather than rights and privileges, fixed by law and custom and this applies as much to the Kind as to his mean subject. Each man has a recognized function, which he inherits as a member of a group rather than selects of has accord. To perform this function successfully is his highest object in life, a duty not merely political, social and moral, but also religious in character. For on this depends not only his well being in this life but also his salvation in the next world. Like the modern collectivist theories (such as Fascism) this view raises society above individual’ but there is an important difference. For the allegiance here is not to any party or political principle, but to Dharma conceived as an eternal and immutable Law or Order, which is divine in character and does not emanate from human will.

1.2    Learning Objectives
After Learning through this lesson the students will be able to know:

•    The Administration during British time.

•    The Indian constitution and its philosophy.

•    The Salient Features of Mughal Administration.

•    Personnel Administration in during Mughal Administration.

•    Local government in Mughal Administration.

1.3    ADMINISTRATIVE ORGANIZATION
The king was the head of the administration and his jurisdiction extended to all walks of life, to quote V.

D. Mahajan, “According to the Dharma Sutras, the sovereign was not the source of law but merely the upholder of law.” To quote Gautama, “The administration of justice shall be regulated by the Veda, the Dharma Sastras, the vedangas, the Puranas and the usvedas.” Again, “The king must protect the castes and different stages of life. Authoritative in the realm shall be all laws of castes and clans as well as the laws ofregions not opposed to Vedic tradition, while for their respective orders, ploughmen, traders, herdsmen, moneylenders and artisans may make their own laws. “According to Vasishta, “The king’s duty is to pay attention to the special laws of regions, castes and clans and keep the four orders to their prescribed duty. “The various guilds were allowed to frame their own laws.
To quote V.M. Apte, “His supreme duty, as noted above, was the protection of the people, and maintenance of the rules of Caste and Order. As a corollary to this he must punish the thieves and other criminals as well as those who stray from the path of duty laid down in the Sastras. His authority and jurisdiction thus extended practically over the entire activities of his subjects. One of his most important duties was to decide legal disputes. He was to protect the interest of a minor until he attained majority. He was also to support learned priests, the widows of his soldiers, those who are exempt from taxes (to be specified later) and Brahmacharins. He must preserve fruit-bearing trees. He must make an equal division of the booty secured in battle and distribute it equitably among those who shared the risks of war with him. He must prevent the use of false weights and measures.
Under the king, thus were regular hierarchy of officers. The village was the basic administrative unit. According to Apastamba (II. 10.26.4) the king “shall appointment men of the first three castes; who are pure and truthful, over villages and towns for the protection of people.” These officials were to appoint subordinates possessing the same qualities. They were to protect the towns and villages from thieves and must be made to repay what is stolen within their jurisdiction. These passages, though brief, hold out the picture of a regular administrative machinery which was set up for the security of life and property.
Special branches of Administration were for collection of taxes and military matters.
According to Gautama, the king was entitled to take as tax one-tenth, one eighth or one sixth of the produce and one day’s work of month from artisans. He could also charge onetwentieth or merchandise, one-fifteenth on cattle and gold and sixtieth on flowers, herbs, honey, meat, grains, fruits etc. The right of inheritance was given to the Sapindas, Widows were not given the right to inherit. A daughter could inherit only if there was no son, pupil or teacher of the deceased. Women were not allowed to offer sacrifices. They were considered as property.
A special mention may be made of the administration of justice. The administration of justice was not only restricted to public but covered all facts of life. Under the criminal law, theft and adulteracy are the main general topic discussed in the Dharma-sutras. To quote V.P. Apte, “That the king himself personally administered civil and criminal justice appears from certain indications in the Sutras (Gau. Dh S. XII. 43). The administration of justice was to be regulated by the Vedas, the Dharmasastras, the Angas, and Purans (Gau. Dh. S. XL 19), due regard being paid to local and family usage or (in other words) to the laws of districts, castes, and families which the king must learn from those who in each case have authority to speak (Gau. Dh. S. XI 20-22). It seems to have been permissible for the king. Reference is made to three kinds of important crimes and those were assault, adultery and theft. The punishments awarded to persons belonging to the various castes varied. If a Kshatriaya abused a Brahman, he was fined 100 coins. If a Vaishya abused a Brahman, he was fined 150 coins. If Brahman abused a Kshatriya he was fined 50 coins. If he abused a Vaishya, he was fined 25 coins. If he abused a Shudra, he was not fined at all. Interest at the rate of 15 percent was allowed.
Dharma-surtas also paid attention to village, sanitation and building of towns, to quote V.D. Mahajan, “The Dharma Sutras preferred the life of villages and condemned the life of cities According to Baudhayana. It is impossible for one to attain salivation who lives in a town covered with dust.” No wonder, good people were asked to avoid going into the towns. The mantras were not to be recited in the towns at any time. However, there are some reference to the building of towns by certain kings and the establishment of their palaces, assemble halls etc. The people were not allowed to go to foreign countries. A taboo was put on sea voyage.

A. Kautilya
R.S. Tripathi in his book “History of Ancient India” mentions that Magasthenes and Kautilya are two most important authors, whose writings throw a flood of light on the people, government
and institutions of India under Chandragupta Maurya. The India of megasthenes in now lost but happily it is still preserved in the form of quotations by later writers. Kautilya or Chanakya is reputed to have been the minister of Chandragupta. His production the Arthasastra is a compendium on polity and statecraft, and it would perhaps be no overestimate of its value to say that despite its theoretical character, it is a unique work in early Indian Literature. According to V.D. Mahajan. “The most important source for writing the history of the Mauryas is Kautilya’s Arthasastra. The book is divided into 15. Adhikaranas or sections, and 180 Prakaranas or subdivision. It has about 6,000 slokas. This was discovered in 1909 and has been ably translated by Shamasastri. The book is more a manual for the administrator than a theoretical work on polity discussing the philosophy and fundamental principles of administration or of political science. It is mainly concerned with the political problems of the government and describes its machinery and functions, both in peace and war.
The Arthasasra consists mostly of injunctions to kings in general. It consist of fifteen books. Of these, the first five deal with the internal administration of the State, the next eight with its relations with neighbouring States, while the last two are miscellaneous in character. Each book is divided into several chapters.
Book One deals with the duties of king and the appointment of ministers and other high officers. Book Two gives a picture of State activities. Book Three discusses a code of Law. Book Four deals with the suppression of crime. Book Five deals with salaries of state servants and other matters. Book six is an introduction to the State’s relations, with its neighbours States. Book seven deals with the various aspects of foreign policy. Book Eight deals with calamities or weaknesses. Book Nine is concerned with preparation for war. Book Ten deals with fighting. Book Eleven, Twelve and Thirteen deal with the problems related to war and conquest.
Self Check Exercise 1

1.    How is the Organization in the society described?

2.    Briefly explain kautilyaArthashastra?

1.4ADMINISTRATIVE ORGANIZATION AND ITS DIVISION
The machinery of the Government was highly organized and can be divided into four elements-the King, the Ministers, the council and the Bureaucracy.

(a)    The King :The King was the head of all branches of the Government Kings were merely hereditary, though there were examples of elected kings.
According to Kautilya, the calamity of a king is more serious than that of minister (Amatyas). The king alone appoints the minister, the domestic priest and servants. He employs superintendents. He applies remedies against troubles. As is the conduct of the king, so is the conduct of the people. A King is the head of the state. He is the government itself (Raja Rajyamiti), Government is ultimately resolvable into one ultimate and that is the king. The king absorbs all the rest of elements. The kings were given training. Their day and night schedule was divided into Eight parts which are given below as given by R. C. Majumdar.
Day:

(1)    Receiving reports about the accounts and the defensive measures of the kingdom.

(2)    Considering the prayers and petitions of the subjects.

(3)    Bath, meal and study

(4)    Attending to revenue and departmental heads.

(5)    Attending to the business of the council and confidential reports form spies.

(6)    Recreation or deliberation on State affairs.

(7)    Inspection of royal forces.

(8)    Consolation with the commander-in-chief about military affairs.
Night:

(1)    Receiving the spies.

(2)    Bath, meal and study

(3)    (5) Sleep

(4)    Reflection on sacred literature and his own duties

(5)    Consultation with the ministers and sending out spies.

(6)    Attending to domestic duties, religious rites, ceremonies etc;
The paramount duty of the king was to protect the people and their welfare. Kautilya sums up the position very beautiful in the following verse: “In the happiness of his subjects lies his happiness; in their welfare his welfare; whatever pleases himself he shall not consider as good, but whatever pleases-his subjects he shall consider as good.”

(B)    THE MINISTER:
Ministers were important to the king. Kautilya says:
“Sovereignty is possible only with assistance. Minister:
A single wheel cannot move. Therefore the kings shall depute ministers and know their opinion.” Kautilya discusses that selection of ministers must be done on merit and should mainly depend on qualifications and not on the considerations of family or backs fair influence. The ministers used to advise the king on all important matters.
The following remarks of Kautilya indicate the nature of ministerial power and responsibility. “A single minister proceeds will fully and without restraints. In deliberating with two ministers, the king may be overpowered by their combined action or imperiled by their mutual dissension. But with three or four ministers he will not come to any serious grief, but will arrive at satisfactory results. In accordance with the requirements of place, time and nature of the work in view, he may as he deems it proper, deliberate with one or two ministers or by himself. The king may ask his ministers for their opinion, either individually or collectively and ascertain their ability by judging over the reason they assign for their opinions.”

(C)    COUNCIL:
The Council assist the king in the administrative work. This body occupied a great importance. It used to concentrate on all important issues.

(D)    BUREAUCRACY:
As stated by R.C. Majumdar that while the policy was formulated by the council and the ministers, the detailed work of administration was carried on by a bureaucracy. At the head of the bureaucracy were a few high officials whose numbers and status must have varied in different ages and different status. The following list includes the more important ones :-

1.    The High Priest

2.    The Commander-in-chief

3.    The Chief Judge

4.    The Door-keeper (Pratihan)

5.    The High Treasures (Sannidhata)

6.    The Collector-General (Samahartta).
The General nature of their is indicated by their names. There were also ceremonial officers, such as “The bearer of the Sunshade of the Date,” and “the State Sword-bearers.” There were other officers like Viceroys and Viceroys and Ambassadors, whose sphere of work lay in distant parts of the country. All these formed the members of the higher branch of administration. Next came the lower branch, consisting mainly of the Superintendents of the various departments into which the administration was divided and their staff. The number of these Superintendents must have varied in different kingdom. In Kautilya’s Arthasastra we read of the Superintendents of the following :-

1.    Oceans mines. 2 Treasury 3. Mines 4. Metals 5. Mint 6. Accounts 7- Gold 8. Store-house 9.
Commerce

10.    Forest produce. 11. Passports 12. Weights and Measures 13. Lineal measures 14. Tolls. 15.
Weaving

16.    Agriculture 17. Liquor 18. Slaughterhouse 19. Prostitutes 20. Ships 21. Cows 22. Horses 23.
Elephants

24.    Chariots 25. Infantry 26. Armour 27. Pasture 28. Harem.
Besides there were officials dealing with local administration at the District and lower levels.
Self Check Exercise 2

•    List the main divisions within the Mughal administrative organization.

•    How did these divisions contribute to the efficiency of the administration?

1.5 Financial Administration:
The most important contribution of Kautilya was in the field of the financial Administration. The Department of Revenue was one of the important department of the Government, as Finance was the motive power and the basis of all the activity. Kautilya paid great attention towards this department.
Kautilya mentions two high officials Samaharta an Sannidhatta, who practically were vested with the immediate control of the whole administration. In their financial capacity, the functions of the samahartas relate to the whole range of state Income and expenditure. The task of collecting revenue was entrusted to Samahartra3. The samaharta was assisted by the sthanikas and under them were the Gopas each of whom was in charge of the five or ten villages. The work undertaken by the samaharta was to prepare a great revenue roll of the kingdom and Gopas under his guidance and direction prepare various registers and census list of the villages. This has to be checked by spies during emergency samahartas had to raise taxation. Agent of local governments were Gopas in local areas. Their work was to collect and maintain registers in income and expenditure. Basically they maintained reports about the following:-

(i)    Varieties of land product and their produce,

(ii)    Areas under cultivation,

(iii)    Irrigation laws.

(iv)    Privileges and immunities enjoyed by individuals local traditions etc.

(v)    Transfer of sale of land

(vi)    Occupation of the people
The duties of samaharta comprised of the following:-

(i)    Division of the kingdom into four parts apparently corresponding to jurisdiction of the four sthanikas.

(ii)    The arrangement of the villages were done according to the grade like best, middle and lowest.

(iii)    Preparation of the revenue free land that is Nibandha.

(iv)    By means of inspection of village boundaries he was to ascertain the total areas of
villages within his circle.
(B) Maintaining the

(i)    register of boundaries and villages, fields.

(ii)    register of uncultivated lands.

(iii)    Register of transfers

(iv)    register of the amount of loan advanced and revenue remission.
He mentioned that all administrators must take care of finances as money is like honey and there are chance of its sticking.
Self-Check Exercise 3

1.    What was the role of the king in the administrative organization of ancient India?

2.    According to V.D. Mahajan, was the sovereign the source of law? Explain.

3.    How were legal disputes decided under the king’s administration?

1.6    SALIENT FEATURES OF MUGAL ADMINISTRATION
Some key features of the Mughal administrative system can be noted from the beginning. First, the Mughals introduced certain foreign elements into their administration. They originally came from Central Asia, where they had their own system of governance. When they established their rule in India, they adapted this system to fit Indian traditions and conditions. As a result, Mughal administration became a blend of Indian and foreign influences, specifically a mix of Persian-Arabic systems within an Indian framework.
Second, the Mughal government was formally structured around the military. Every official in the administration was also registered as part of the army. They were assigned a mansab (rank) that determined their status and salary based on the number of horsemen under their command. Their payments were handled by bakshis, or military paymasters.
Third, because of its military foundation, the Mughal administration was a centralized autocracy. The emperor had absolute power, and his commands were considered law.
Fourth, religion and politics were closely linked in the system. The emperor was expected to govern according to Islamic principles and follow the guidance of religious scholars (ulemas). Historian Jadunath Sarkar noted that this led to a different approach towards Muslim and Hindu
subjects. While the emperor performed social welfare functions for Muslims, he largely avoided interference in the lives of non-Muslims, focusing mainly on law enforcement and revenue collection. However, this interpretation is debatable. For example, Akbar actively integrated Hindus into the administration and promoted inclusivity. He forbade the collection of the Jizya, the differential tax claimed from the Hindus and was applauded by non-Muslims for the creation of the new order Din-I-Illahi. Historians have also unearthed the farmansof Aurangzeb-widely known for his ant-Hindu measures-concerning grants of land to Brahmins and Yogis.
Fifthly, the Mughal administration, except during military campaigns, functioned primarily as a 'paper government' (kagazi raj). Due to the vast extent of the empire, slow means of transportation and communication, and the lack of political participation among the people, there was an excessive reliance on official documentation, leading to a massive accumulation of records. Furthermore, the primary focus of the state was limited to maintaining law and order and collecting revenue. The Mughal rulers did not actively promote social progress or economic welfare. Sectors such as education, healthcare, and the arts were largely left to private initiatives. Except for Akbar, the emperors did not adopt a policy of benevolent intervention or paternalistic governance. Another key characteristic of the Mughal state was its role as an economic entity. The administration owned and operated several karkhanas (factories) in major cities, producing a variety of goods. A notable feature of the Mughal administration was its approach to law and order. Unlike modern states, where maintaining justice and peace is a fundamental responsibility, the Mughal government largely delegated these duties to local authorities. In rural areas, policing was carried out by chaukidars (village watchmen), who were supported by the villagers themselves. While the faujdar acted as the government’s representative, his jurisdiction was so vast that effective supervision of all villages was nearly impossible. Lastly, although the empire had a decentralized structure with provincial and local administrations, true political autonomy did not exist at the grassroots level. Instead of genuine local self-governance, villages and small towns functioned under a system of limited, parochial self-rule, with their primary role being the payment of taxes rather than political participation.
A discussion of the major components of the governance system during the Mughal rule now follows.
Self Check Exercise-4

•    Identify three salient features of the Mughal administration.

•    How did these features distinguish the Mughal administration from its predecessors?

1.7    THE EMPEROR
In the Mughal system of governance, the emperor held absolute and indivisible sovereignty. Within his empire, he was the ultimate authority, symbolizing unity and ensuring peace. He actively oversaw all major functions of the government, serving as the head of both civil and military administration. The appointment and dismissal of high-ranking officials rested solely in his hands, and no farman (royal decree) could be issued without his seal. The emperor also exercised direct control over the exchequer, determining both revenue sources and state expenditures. He was not
formally accountable to the people, yet most Mughal rulers did not misuse their extensive powers. Instead, they masked their autocratic rule with a paternalistic approach, presenting themselves as benevolent guardians of their subjects. Many emperors personally toured different regions to stay informed about administrative affairs, reducing the significance of a fixed capital. Rather than governing from a permanent seat, they moved with their court, effectively carrying the capital with them. Contrary to the notion that Mughal rulers lived in luxurious ease, their responsibilities were demanding. Akbar, for example, conducted administrative matters in an open court known as the Diwan-i-Aam, directly engaging with his subjects and officials.
Self Check Exercise-5

•    Discuss the role of the Emperor in the Mughal administrative system.

•    What were some of the powers and responsibilities of the Emperor?

1.8    THE KING’S COUNCIL
Although the Mughal emperors had a few key officials to assist them, these individuals were not equivalent to a modern-day council of ministers. The most prominent among them were the Wazir and the Diwan, while the rest of the administrative structure was entirely determined by the emperor. These officials functioned merely as representatives of royal authority, tasked primarily with advising the sovereign. However, their advice was not binding-while the emperor might listen, he was under no obligation to follow their recommendations. They held no real power to challenge or restrain the emperor’s decisions and were, in no sense, his equals in governance. Historian Jadunath Sarkar aptly describes them as "secretaries rather than ministers." Their influence, if any, was limited to subtle persuasion and cautious warnings. Since their role was advisory rather than authoritative, they never resigned, even when their suggestions were disregarded.
Self Check Exercise-6

•    What was the composition of the King Council?

•    Explain the function and importance of the King Council in the Mughal administration.

1.9    CHIEF DEPARTMENTS OF ADMINISTRATION
The chief departments of the Mughal administration were :

1.    Exchequer and Revenue (under the High Diwan).

2.    Imperial Household (under the Khan-i-Saman or High Steward).

3.    Military Pay and Accounts Office (under the Imperial Bakshi)

4.    Canon Law, both civil and criminal (under the Chief Qazi).

5.    Religious Endowments and Charity (under the Chief Sadar).

6.    Censorship of Public Morals (under the Muhtasib).

7.    The Artillery (under the Mir Atish or Daroga-i-Topkhana)

8.    Intelligence and Posts (under the Daroga of Dak Choki)
While the Revenue Department headed by the Diwan or Wazir, will be discussed in the portion dealing with revenue administration, a brief reference to other departments may be made here. The Department of the Imperial Household was overseen by the Khan-i-Saman, who managed all of the emperor’s personal attendants and was responsible for supervising his daily expenditures, food supplies, and household stores. Due to the high level of trust he enjoyed, some Khan-i-Samans were even promoted to the position of Wazir. The Military Pay and Accounts Office was headed by the Mir Bakshi, who served as the chief paymaster of the central government. Since all civil officers were considered part of the military, their salaries were also disbursed through him. His duties extended beyond payroll management—he played a key role in appointing mansabdars, recruiting and maintaining the army, assessing troop strength, advising the emperor on military matters, assisting in foreign relations, leading military campaigns, and accompanying the emperor on tours. The Department of Law was led by the Qazi, who was responsible for the administration of justice. As the chief judge in criminal cases, he adjudicated disputes based on Muslim law. The Sadar headed the Department of Religious Affairs. He served as the guardian of Islamic law and the representative of the ulema. His primary responsibilities included overseeing religious grants and ensuring they were used for their intended purpose. Additionally, he acted as a judge in certain civil cases. The Department of Censorship of Public Morals was managed by the Muhtasib, who was responsible for maintaining social order and enforcing moral conduct. His duties involved regulating public behavior, curbing immorality, and punishing individuals engaged in anti-religious activities.
Self Check Exercise-7

•    List the chief departments in the Mughal administration.

•    Choose one department and describe its main functions.

1.10    PERSONNEL ADMINISTRATION
Before considering the Mughal personnel administration, it may be mentioned that the concept of a special class of civil servants forming the ‘civil service’ of a state was not developed by the Mughals. In fact their practices in appointment, removal, pay, etc., are to be appreciated strictly in the context of a monarchical rule.
The officials serving in the departments mentioned earlier constituted the Mughal bureaucracy. This was a diverse group that included Persians, Afghans, Mughals, and a small number of Hindus. As previously noted, the Mughal administrative system had its roots in the military. All civil servants were enlisted in the army as mansabdars, a term that signified an official rank and entitlement to salary and privileges. In theory, each mansabdar was required to maintain a specified number of troops for the state's military service. However, under the Mughals, the title mansab was primarily used for high-ranking officials, and despite its military association, it largely became a symbolic designation. In practice, mansabdars were not always obligated to fulfill military duties. This system merged the functions of the military, nobility, and civil administration, making the mansabdars not just government officials but also members of the ruling elite.
Glimpses of the principle of hierarchy and a pattern of job classification also be seen in Mughal administration, especially during Akbar’s era. Akbar classified the office-holders into thirty-three grades, ranging from commanders of 10,000 to commanders of 10. The highest rank an ordinary officer could hold was that of a commander of 5,000; the more exalted grades between commanders of 7,000 and 10,000 were reserved for members of the royal family.
The appointment of all the mansabdarsswas entirely in the king’s hands. He granted mansabsor ranks to them and dismissed them at his free will. The orders of appointment were issued by the High Diwan. The king remained the source of all administrative authority and, by his powers of appointment and removal, he kept all-embracing control over the administrative machinery.
Most historical accounts of the period do not mention any type of training of officials during the Mughal rule. As regards transfers of officials, again, it was the king who had the final say. He kept a tight hold over his subordinates by transferring them from one place to another. Most of the emperors believed in frequent transfers of their officers lest they should create a permanent influential base for themselves’. Leave matters were handled by the Diwan. He was responsible for granting formal leave (rucksat) to all the higher level officers. For their promotion, these officers looked up chiefly to the king. Notably, the Diwan occupied a position of great importance, as he could express in a most tangible manner, his appreciation of the services of his officials. The King distributed honours and promotions and could also reward a service by the gift of a province. He promoted mansabdarson due recommendation of the provinicialsubedar.The pay structure under the Mughal administration had certain peculiarities’ of its own. Each grade carried a definite scale of pay, out of which its holder was expected to
maintain a quota of troops and animals. Hence, each officer, after presenting his troops for inspection was granted an assignment of revenue. Moreland and Chatterji, writing four decades ago, remarked that during the Mughal rule, the remuneration of the higher grades was extremely liberal when account is taken of the value of the money- somewhere between five and ten times what is in India today.15. In case they were not given a cash salary, they were granted a jagir for a temporary-period. Under this system they were not given the actual ownership of the land but instead were allowed merely to collect and enjoy the land revenue equivalent to the amount of their salaries from the assigned tract. The salary bills of all the mansabdarswere passed by the Bakshi or paymaster of the army.
Despite specification of duties of various official, each officer had to be ready to discharge any other duties entrusted to him. An officer could be entrusted at any moment with an entirely new duty. For instance, Birbal, the famous poet and minister in Akbar’s court, was put in command of troops at the frontier which ended fatally for him. Todar Mal was an able Finance Minister or Diwan and also an able general in the field.
Another striking feature of the personnel system was the doctrine of escheat. A mansabwas not hereditary. It was purely ex-officio. A mansabdarhad only a life-long interest in his jagir which escheated to the crown on his death and the title and emoluments could not usually be tranmitted from father to son. As the jagir was given only for a lifetime, the nobles led extravagant lives, since they knew that they could not leave anything as an inheritance. This was in tune with the maxim followed during the Mughal rule that land was the property of the sovereign and his main source of revenue.
The scheme of pension too existed, though in a totally different form. The royal grants consisted of “pension either in land money (i.e. jagir or tankha) which the king gives, augments, retrenches or takes away at pleasure.” This means that a pension once granted was not final; it could be taken back by the king at his pleasure. Pension was also granted to the widow of the deceased as well as to his children.17 There was a department called Bait-ul-mal, where the escheated property was recorded and maintained.
The emperor conducted the business of all his departments at his discretion. These departments could not claim to be consulted as a matter of right. All officials could exercise control over formal business at the pleasure of the emperor who was the breath which gave life to the organism of the administrative system. Royal ordinances could not be opposed and it
enabled him to exercise great influence over every department. It was considered treason to refuse to obey any mandate under the royal seal. The finances of all the departments were strictly under the supervision upon the king for its expenditure. He could feed one fat and starve another.”
The Mughal administration also adhered faithfully to the principle of administrative decentralization. Out of the three tiers of administration, the central administration has been discussed in the preceding pages and the other two tiers, viz., provincial and local administration are discussed in the following section.
Self Check Exercise 8

•    How was personnel administration managed in the Mughal Empire?

•    What were the criteria for selecting officials in the Mughal administration?

1.11    PROVINCIAL ADMINISTRATION
Akbar was responsible for organizing the provincial administration of the Mughal Empire and establishing a stable governance system. He initially divided the empire into twelve provinces, or subahs, later increasing the number to fifteen. The administrative structure in the provinces closely mirrored that of the central government. Each subah was governed by a subedar, also known as a nazim in some regions. There were no fixed regulations regarding the tenure of this office. The subedar was responsible for overseeing the province’s overall administration, ensuring economic prosperity, maintaining law and order, and defending the region. His duties also included supervising the judiciary, assisting the Diwan in revenue collection, maintaining provincial forts, and recommending appointments and promotions for key positions. Despite being the second most important official in the province, the Diwan was not subordinate to the subedar; rather, he acted as his rival. Appointed directly by the emperor on the recommendation of the high Diwan, he reported exclusively to the central administration and maintained direct communication with the high Diwan. This arrangement violated the principle of unity of command, as it established two independent and parallel administrative structures within the province. The subedar and the Diwan closely monitored each other’s activities and reported separately to the emperor. Although they were expected to collaborate, historical records suggest that their rivalry often led to intense conflicts, resulting in frequent transfers of one or the other.
The duties of the provincial diwan, were collection of revenue, keeping financial accounts, allotment and disbursement of the salaries of the provincial officers, managing the jagirs of the province, realization of revenue from taxes and appointing the amins, krorisand tahsildars in the provinces with the consent of the high diwan. He had to report to the high diwan twice a month with a statement of the cash balance with him. The subedar also reported to the Imperial Records Office about, the general condition of his subadh. It was these reports which became the main
channel of communication between the central and the provincial governments.
The subsadarof the province was directly appointed by the centre. His duties included supervision and distribution of grants, promotion if learning by encouraging ulema through stipends and looking after the religious interests in the subah. The qaziwas in charge of the Judicial Department of the subahd. In some provinces, the office of the sadarand the qaziwere merged, in the sense that the functions of both the positions were entrusted to one person only, while in other provinces they were not amalgamated. The bakshiof the subah was the counterpart of the mir baksiat the centre. Appointed by the Imperial Court, he was in charge of the military establishment of the province. He looked after the recruitment, organization, discipline and efficiency of the provincial army. He too made regular reports to the Imperial Court. In the maintenance of law and order in the provinces, the faujadarwas the Chief assistant of the subedar. There were several faujdars in a province, each in charge of a fixed area called the faujdari. His duties were to protect the tax-payers, punish the lawless and rebel chiefs, crush violence and lawless conduct and reform the troublemakers. He also had to overcome opposition to the revenue authorities, the criminal judge and the censor. In the capital of each province and in other important cities, there was an officer called the kotwal. He was in charge of law and order and security in the city, prevention of thefts, carrying out the qazi’s orders and the management of prison.
Besides, the central government maintained a regular Chian of communication between itself and the provincial governments. For obtaining news about the country there were four officers : (1) The wagainaviswho was the writer or surveyor of occurrences (2) the sawanih-niqarwho was the secret reporter on important cases, (3) the kufianaviswho resided secretly in the subahs, reported news and supervised postal arrangements, and (4) the harkarahswho were spies and brought in oral or written news.
SelfCheckExercise-9

•    Describe the structure and roles within the provincial administration of the Mughal Empire.

•    What strategies did the Mughal Empire employ to maintain control over its provinces?

•    Who were the main officials in provincial administration, and what were their responsibilities?

1.12 LOCAL GOVERNMENT
Under the Mughal administration, each subah was divided into several units known as sarkars, which were further subdivided into parganas or mahal. It was at this level that the local population interacted directly with government officials. Below the parganas, villages were referred to as mawdah or dih, each with clearly defined boundaries, including the surrounding lands. Within a mawdah, there were even smaller settlements called naglah. During Shah Jahan’s reign, his wazir introduced an additional administrative unit known as the chakla, positioned between the sarkar and the pargana and encompassing multiple parganas. However, the sarkar continued to exist alongside this new unit. Each sarkar had its own officials. The faujdar served as the executive and military head, acting as the direct representative of the Mughal government at the local level. Appointed by the central administration, he wielded combined authority over military, police, judicial, and executive matters. The faujdar commanded a small military force to suppress rebellious zamindars and also assisted the amir in revenue collection. The amir, on the other hand, oversaw the revenue department of the sarkar and operated under the direct supervision of the provincial diwan.
He ensured that the lands were surveyed, their produce correctly ascertained and the revenue deposited regularly in the pargana treasury. The bitikchiassisted the amirby doing the necessary paper-work which formed the basis of assessment and collection of revenue. He maintained landrecords and sent monthly abstracts to the Imperial Court. The khazandarassisted the amirin receiving money from the cultivators and issuing receipts. The qaziperformed basically the same tasks did the provincial qazi. He was in charge of all religious affairs, mosques etc.
Pargana Administration
As mentioned earlier, each sarkar was divided into several parganas. The shiqdar served as the executive head of a pargana, responsible for maintaining law and order and overseeing criminal justice. He also conducted census operations and assisted the amir in collecting land revenue. Reporting to him was the qanungo, whose primary duties included surveying, assessing, and managing revenue collection. The qanungo also supervised the patwaris within the pargana.
Village Administration
During the Mughal period, village administration was managed by the village panchayat. It played a crucial role in organizing village life and ensuring adherence to customary laws and social norms. Functioning as a local governance body, the panchayat focused on community welfare and served as a judicial authority, resolving disputes among villagers. However, if any party was dissatisfied with the panchayat’s decision, they had the right to appeal to higher government authorities.
As regards the attitude of the central government towards the villages, historians have different opinions.
J. N.Sarkar, for instance, holds the view that the mughals were essentially urban people and
preferred to lead a city life because cities were the seats of power. Therefore, the villages “were neglected and despised and village life was dreaded by them as a punishment.” No doubt, the villages were the places from which their food and income came, but that was their only connection with them.” At another place, he says that the state undertook no welfare -activities for the people so long as there was not violent crime or defiance of royal authority in the villages. “Every village was left free to continue the noiseless even tenor of its lifealong the old grooves, untroubled by the government if it did not trouble the government”. The provincial government kept in touch with the village by means of (1) the faujdars posted in the towns; (2) the lower officials of the revenue department who did the actual collection from the peasantry (3) the visits of the zamindars to the subedars, and (4) the tours of the subedars. Its contact was, however, not very intimate.
However, the appraisals of other historians indicate that the government was not so callously indifferent to the villagers, as is suggested by Sarkar. The Mughals took an active interest in agriculture as the bulk of the revenue came from land. The officers of the state in the revenue department under the high diwan at the centre and the provincial diwan in the subahs performed other functions too, besides collection of revenue. Sarkar himself mentions some of them while describing the duties of the amin in the village. Not only was he to ensure the collection of revenue but he also was to see whether the existing ploughs were sufficient and if not, then grant taqavi(agricultural loans) to the villagers.
After a brief discussion of the area administration, we now refer to certain salient aspects of law and order and revenue administration of the Mughals.
The very fact that the constitution of Indian Republic is the product not of a political revolution but of the research and deliberations of a body of eminent representatives of the public who sought to improve upon the existing system of administration, makes a retrospect of the constitutional development indiscernible for a proper understanding of this constitution.
Practically the only respect in which the constitution of 1949 differs from the constitutional documents of the proceeding two centuries is that while the latter had been imposed by an imperial power, the Republican constitution is made by the people themselves though representatives assembled in a Sovereign constituent’ Assembly. That explains the majesty and ethical value of the new instrument and also the significance of those of its provisions which have been en-grated upon the pre-existing system.
Self Check Exercise-10

•    How was the local government organized under the Mughal Empire?

•    What were the primary duties of local government officials?

•    Explain the relationship between local government and higher administrative authorities in
the Mughal Empire.

B.    Administration during Mughal Period
1.13 Mughal Empire
The Mughal Empire was a prominent early-modern empire that ruled a vast region of South Asia from the 16th to the 19th century. For nearly two centuries, its territory extended from the Indus River basin in the west, northern Afghanistan in the northwest, and Kashmir in the north, to the highlands of present-day Assam and Bangladesh in the east, and the Deccan Plateau in southern India. The empire is traditionally considered to have been founded in 1526 by Babur, a warrior chieftain from present-day Uzbekistan. With military assistance from the Safavid and Ottoman empires, Babur defeated Ibrahim Lodi, the Sultan of Delhi, in the First Battle of Panipat, paving the way for Mughal dominance over northern India. However, the formal imperial structure of the Mughal state is often traced to 1600, during the reign of Babur’s grandson, Akbar. The empire reached its greatest territorial extent under Aurangzeb, the last major emperor, who ruled until 1707. After his death, the empire began to decline and was reduced to the Delhi region by 1760. Following the Indian Rebellion of 1857, the British Raj officially dissolved the Mughal Empire. While the Mughals established and maintained their empire through military conquest, they did not impose strict cultural assimilation. Instead, they introduced efficient administrative reforms, fostered diverse ruling elites, and promoted a centralized governance system that ensured stability. The empire’s primary source of revenue was agricultural taxation, introduced by Akbar, which required peasants to pay taxes amounting to over half of their agricultural output. These payments were made in regulated silver currency, integrating peasants and artisans into larger regional and international markets. The relative stability maintained by the Mughal Empire, particularly during the 17th century, contributed to India's economic expansion. The growing European presence in the Indian Ocean trade network, coupled with increasing demand for Indian raw materials and manufactured goods, further enriched the Mughal courts. This prosperity led to greater patronage of the arts, including painting, literature, textiles, and architecture, particularly during the reign of Shah Jahan. Several Mughal-era structures have been designated as UNESCO World Heritage Sites, including the Agra Fort, Fatehpur Sikri, Red Fort, Humayun's Tomb, Lahore Fort, Shalamar Gardens, and the Taj Mahal-described as "the jewel of Muslim art in India and one of the world's most admired masterpieces."
Self Check Exercise-11

•    Provide an overview of the Mughal Empire's origins and expansion.

•    Discuss the significance of the Mughal Empire in Indian history.

•    What were the cultural and administrative contributions of the Mughal Empire?
1.14 Babur and Humayun ( 1526-1556)
The Mughal Empire was established by Babur (reigned 1526–1530), a Central Asian ruler descended from Timur (founder of the Timurid Empire) on his father’s side and Genghis Khan on his mother’s side. After being driven out of his ancestral lands in Central Asia, Babur turned his attention to India in pursuit of his ambitions. He first established control over Kabul and then advanced southward into India through the Khyber Pass. Babur's forces defeated Ibrahim Lodi in the First Battle of Panipat (1526), marking the beginning of Mughal rule in India. Before the battle, he sought divine favor by renouncing alcohol, destroying wine vessels, and pouring out the wine into a well. However, at the time, the Lodi dynasty was already in decline, and the Rajput Confederacy, under the leadership of Rana Sanga of Mewar, was the dominant power in Northern India. Babur initially suffered defeat at the Battle of Bayana, but in a decisive encounter near Agra, his Timurid forces overcame Rana Sanga’s army. This battle proved to be one of the most historic and pivotal battles in Indian history, shaping the political landscape of Northern India for the next two centuries. Following his victory, Babur shifted the Mughal power center from Kabul to Agra. However, his continuous military campaigns prevented him from consolidating his newly acquired territories. The empire’s instability became evident under his son and successor, Humayun (reigned 1530-1556), who was eventually forced into exile in Persia by rival factions. During this period, Mughal rule was briefly disrupted by the Sur Empire (1540–1555), founded by Sher Shah Suri (reigned 1540-1545). While in exile in Persia, Humayun forged diplomatic ties with the Safavid Empire, leading to greater Persian cultural influence in the later Mughal administration. In 1555, Humayun successfully reclaimed parts of India, restoring Mughal rule. However, his reign was short-lived, as he died in an accident the following year.
Self Check Exercise-12

•    What were the key achievements of Babur in establishing the Mughal Empire?

•    Describe the challenges faced by Humayun during his reign.

•    How did Babur's and Humayun's policies shape the future of the Mughal Empire?
1.15 Akbar and Aurangzeb (1556-1707)
Akbar (reigned 1556-1605) was born as Jalal-ud-din Muhammad in the Rajput Umarkot Fort to Humayun and his wife Hamida Banu Begum, a Persian princess. Akbar ascended to the throne under the regency of Bairam Khan, who played a pivotal role in solidifying the Mughal Empire in India. Through a combination of military campaigns and diplomatic efforts, Akbar expanded the empire in all directions, ultimately controlling nearly the entire Indian subcontinent north of the Godavari River. He established a new, loyal ruling elite, introduced modern administrative practices, and fostered cultural growth. He also increased trade with European trading companies, contributing to a strong, stable economy and promoting commercial and economic expansion.
Akbar was known for his policy of religious tolerance, promoting freedom of belief at his court, and tried to bridge cultural and socio-political divides by founding a new religion, Din-i-Ilahi, which incorporated elements of a ruler cult. Akbar’s rule left the empire internally stable and prosperous, though signs of political decline soon emerged.
Jahangir (born Salim, reigned 1605-1627) was the son of Akbar and Mariam-uz-Zamani, a Rajput princess. Named after the famous Indian Sufi saint Salim Chishti, Jahangir was raised by Chishti’s daughter. Jahangir was known for his opium addiction and neglect of state affairs, coming under the influence of rival court factions. Unlike Akbar, Jahangir sought to strengthen his ties with the Islamic religious establishment, significantly increasing the number of madad-i-ma’ash (tax-free land grants) bestowed upon religious scholars. However, Jahangir’s reign also saw conflicts with non-Muslim religious leaders, most notably the execution of Sikh Guru Arjan, marking the start of a long-standing hostility between the Mughal Empire and the Sikh community.
Shah Jahan (reigned 1628-1658) was born to Jahangir and Jagat Gosaini, a Rajput princess. His reign marked the golden age of Mughal architecture, epitomized by the construction of the Taj Mahal. However, the cost of maintaining the court began to exceed revenue, and the empire's finances began to strain. Shah Jahan extended the Mughal Empire southward into the Deccan by overthrowing the Nizam Shahi dynasty and forcing the Adil Shahis and Qutb Shahis to pay tribute. His era is often referred to as the "Golden Age of Mughal Architecture."
Shah Jahan's eldest son, the liberal Dara Shikoh, became regent in 1658 during his father's illness. Dara supported a syncretistic Hindu-Muslim culture, much like his great-grandfather Akbar. However, with the support of the Islamic orthodoxy, Aurangzeb, another of Shah Jahan’s sons, seized the throne. In 1659, Aurangzeb defeated Dara and had him executed. Though Shah Jahan recovered from his illness, Aurangzeb kept him imprisoned until his death in 1666.
Aurangzeb (reigned 1658-1707) was known for promoting a more Islamicized Mughal state. He encouraged conversion to Islam, reinstated the jizya tax on non-Muslims, and compiled the Fatawa al-Alamgir, a collection of Islamic law. He also ordered the execution of Sikh Guru Tegh Bahadur, leading to the militarization of the Sikh community. Aurangzeb’s policies aimed to integrate local elites into his vision of a shared identity that unified various groups within the empire. During his reign, the empire expanded to cover nearly all of South Asia. However, by the time of his death in 1707, much of the empire was in open revolt. Aurangzeb remains a controversial figure in Indian history, with some historians arguing that his religious conservatism and intolerance weakened Mughal society, while others point out his efforts to support Hindu temples, employ more Hindus in his administration, and oppose bigotry against Hindus and Shia Muslims.
Self Check Exercise-13

•    Identify and explain three major policies implemented by Akbar.

•    How did Akbar's administrative reforms impact the Mughal Empire?

•    Compare and contrast the reigns of Akbar and Aurangzeb in terms of administrative
efficiency and military expansion.
1.16 Decline (1707- 1857)
Aurangzeb’s son, Bahadur Shah-I, reversed his father’s religious policies and attempted administrative reforms. However, after his death in 1712, the Mughal dynasty plunged into turmoil, marked by violent feuds and instability. In 1719, four emperors ascended the throne, serving as mere figureheads under the influence of the Sayyid king-makers. During the reign of Muhammad Shah (reigned 1719–1748), the empire began to fragment, with large portions of central India falling into the hands of the Marathas. The distant campaign of Nadir Shah, who had previously reasserted Iranian suzerainty over much of West Asia, the Caucasus, and Central Asia, culminated in the Sack of Delhi. This event shattered the last vestiges of Mughal power and prestige. As the empire weakened, many of its elites sought to govern independently, establishing their own kingdoms. In the Deccan, while the Mughals attempted to curb the growing autonomy of the Nizam, he, in turn, encouraged the Marathas to invade central and northern India. Despite this, scholars like Sugata Bose and Ayesha Jalal argue that the Mughal Emperor continued to represent the highest sovereignty in India. Not only the Muslim gentry, but also Maratha, Hindu, and Sikh leaders continued to recognize the emperor as the supreme sovereign in ceremonial acknowledgments.
Meanwhile, as the Mughal Empire fragmented, some regional powers became embroiled in global conflicts, leading to defeats and territorial losses during the Carnatic Wars and the Bengal WarShah Alam II (reigned 1759–1806) made unsuccessful attempts to reverse the decline of the Mughal Empire. Ultimately, he sought protection from the Emir of Afghanistan, Ahmed Shah Abdali, which precipitated the Third Battle of Panipat between the Maratha Empire and Abdali’s Afghan forces in 1761. In 1771, the Marathas recaptured Delhi from Afghan control, and by 1784, they became the official protectors of the Mughal emperor in Delhi. This arrangement lasted until the Second Anglo-Maratha War. Afterward, the British East India Company assumed the role of protectors of the Mughal dynasty in Delhi. In 1793, the Company took control of the former Mughal province of Bengal-Bihar, dismantling local rule (the Nizamat) and setting the stage for British colonial rule over the Indian subcontinent. By 1857, a significant portion of former Mughal India was under East India Company control. Following the Indian Rebellion of 1857–1858, in which Bahadur Shah Zafar, the last Mughal emperor, nominally led the revolt, the British East India Company deposed him, exiling him in 1858. Subsequently, the British Crown took direct control of the territories previously held by the East India Company, officially establishing the British Raj. In 1876, Queen Victoria of Britain adopted the title of Empress of India.
Self-Check Exercise 14

•    What were the main provisions of the Indian Council Act of 1861?

C.    Administration during British Period
The British Crown assumed sovereignty over India from the East statute for the governance of
India under the direct rule of the British Government, the Government of India Act, 1858. This Act serves as the starting point because it was dominated by the principle of absolute imperial control without any popular participation in the administration of the country, while the subsequent history up to the making of the constitution is one if gradual relaxation of imperial
control and the evolution of responsible government. By this Act the-powers of the Crown were to be exercised by the Secretary of State for India, assisted by a council of fifteen members (known as the council of India). The Council was composed exclusively of people from England, some of whom were-nominees of Crown while others were the representatives of Directors of The East India Company, the Secretary of State who was responsible to the British Parliament, governed India through the Governor-General Assisted by an Executive Council, which consisted of high officials of the Government.

1.17    Indian Councils Act, 1861
The Indian Council Act, 1861 introduced a grain of popular element in so far as it provided that the Governor-General’s Executive Council which was so long composed exclusively of officials, should include certain additional non-official members, while transacting legislative business as a legislative council. By the Legislative Council was neither representative nor deliberative in the sense. The members were nominated and their functions were confined exclusively to a consideration of the legislative proposals placed before it by the Governor General.
SelfcheckExercise-15

•    What were the key provisions of the Indian Council Act of 1861?

•    How did this act change the administrative landscape in India?

1.18    Indian Council Act, 1892
Two improvements upon the proceeding state of affairs as regards the Indian and Provincial Legislative Councils introduced by the Indian Council Act, 1892, namely.

(a)    though a majority of the officials members were retained, the non-official members of the Indian Legislative Council were hence forth to be nominated by the Bengal Chamber of Commerce and the Provincial Legislative Councils, while the non-official members of the Provincial Councils were to be nominated by certain local bodies such as universities, district board municipalities.

(b)    The Council were to have the power of discussing the annual statement of revenue and expenditure true i.e., the Budget and of addressing to the executive.
The first attempt at introducing a representative and popular element was made by the Morley-Minto Reforms, known by the names of then Secretary of State for India (Love Morley) and the Viceroy (Lord Minto), which were implemented by the Indian Councils Act, 1909.
Subsequent to this Government of India Act, 1915 was passed merely to consolidate the .provisions of all the proceeding Government of India Acts so that the existing governmental provisions relating to the Government of India in its executive, legislative and judicial branches could be had from one enactment.
Self Check Exercise-16

•    Explain the significance of the Indian Council Act of 1892.

•    What were the major changes introduced by this act?

1.19    Summary
The other problem of parliamentary democracy can be said to be of Centre-State relationship. Because of centralization of power at the Union level, there is always a conflict between the Centre and States primarily relating to autonomy and the financial aspect. Union Government poses a problem of implementation in uniformity. Hence the S. G. insist on more autonomy. The other problem relating to finances is of acute nature. As the C.G. always has upper hand at the time of allocation of funds.
Further, because of the gulf between the electorate and elected representatives, there arises the need of accountability. It is not possible for the common citizen to have first hand information relating to actions taken by the government.
In the end, there have been growing inequalities of income and wealth in India. As the big industrialist finance the part of election campaign, they get rewards from the government when it comes into power. Hence, the economic concentration is in the hands of big business houses, thereby depriving the larger section of the society.

1.20    Glossary

(a)    Parliamentary Democracy: Indian Constitution pervades the Parliamentary form of Government in India. It applies to the state as well as the union.

(b)    Mugal Administration: Mugal Came to India from Control area, where they had their own administrative system and modified it according to the tradition and customs prevailing in India.

(c)    Kautilya :Kautilya or Chankay to have been the Minister of Chandergupta. He has written the famous book called Arthshastra in third century BC.

1.21    Answer to Self Check Exercises
Answer Self-check Exercise
Self-check Exercise-1
Refer to section

1.3
Self-check Exercise-2
Refer to section

1.4
Self-check Exercise-3
Refer to section

1.5
Self-check Exercise-4
Refer to section

1.6
Self-check Exercise-5
Refer to section

1.7
Self-check Exercise-6
Refer to section

1.8
Self-check Exercise-7
Refer to section

1.9
Self-check Exercise-8
Refer to section

1.10
Self-check Exercise-9
Refer to section

1.11
Self-check Exercise-10
Refer to section
1.12
Self-check Exercise-11
Refer to section
1.13
Self-check Exercise-12
Refer to section
1.14
Self-check Exercise-13
Refer to section
1.15
Self-check Exercise-14
Refer to section
1.16
Self-check Exercise-15
Refer to section
1.17
Self-check Exercise-16
Refer to section
1.18

1.22    References/Suggested Readings

(1)    S.R. Maheshwari, "Indian Administration".

(2)    K.K. Puri, " Indian Administration".

(3)    Mohinder Singh, "Indian Administration".

1.23    Terminal Questions:

(1)    Discuss the Problem of Parliamentary Democracy in Indian Union.

(2)    What are the salient feature of Mugal Administration with special reference to LandRevenue Administration.

(3)    Discuss the administrative development in Indian Administration after independence.
Unit-2
Niti Ayog & National Development Council
Structure

2.1    Introduction

2.2    Learning Objectives

2.3    Framework
Self-Check Exercise 1

2.4    Division of power in the Indian Constitution
Self-Check Exercise 2

2.5    Parliamentary Democracy
Self-Check Exercise 3

2.6    Planning
Self- Check Exercise-4

2.7    Niti Ayog
Self-Check Exercise 5

2.8    National Development Council
Self-Check Exercise 6

2.9    Summary

2.10    Glossary

2.11 Answer to Self Check Exercises

2.12    Reference/Suggesting Reading

2.13 Terminal Questions

2.1    Introduction
India achieved freedom from British colonialism in August 1947 when it was partitioned into two dominions of India and Pakistan respectively. The Dominion of Pakistan formally came into being on 14 August while the Dominion of India Viz. the erstwhile British India, minus Pakistan was born a day later.
To prepare the new constitution of free India, a Constituent Assembly was brought into existence under the Cabinet Mission Plan in 1946. It consisted of 389 members, including 93 members for the native states the seats were allocated to different provinces and the princely states roughly in the ration of one member to a million of the population. Whereas the modalities for the representation of native states in the Constituent Assembly were left to be determined by negotiations with their rulers. Elections to the assembly from the provinces were held in July 1945.

2.2    Learning Objectives:
After learning this lesson the students will be able to know:

·    The framework of Indian Constitution.

·    The Division of Powers between centre and the state.

·    The concept to Parliamentary Democracy.

·    The relevance of N.D.C. in Indian Planning System.

2.3    Framework
The Constituent Assembly held its inaugural meeting on 9 December 1946. Dr. Rajendra Prasad was
elected its permanent chairman two days later. On 13 December Jawaharlal Nehru moved the objective5 Resolution in which the assembly declared ‘Its firm and solemn resolve to proclaim India as an independent, sovereign republic and 1o draw up for future government a Constitution.’ befitting here national aspirations.
The resolution was passed by the constituent Assembly on 22 January 1947. To quote the resolution.
The Constituent Assembly solemnly and resolutely declares its commitment to proclaim India as an Independent Sovereign Republic and to draft a Constitution for its future governance:

1.    The territories that currently constitute British India, the territories that form the Indian States, as well as any other parts of India outside British India and the States, and any other territories willing to join, shall form a Union of all these regions.

2.    These territories, whether with their current boundaries or with any new ones determined by the Constituent Assembly and later adjusted according to the Constitution, shall remain autonomous units with residual powers. They shall retain all governmental and administrative powers, except those assigned to the Union or implied by it.

3.    All powers and authority of the Sovereign Independent India, its constituent units, and the organs of Government are derived from the people.

4.    Justice-social, economic, and political-equality of status and opportunity, and freedom of thought, expression, belief, faith, worship, vocation, association, and action shall be guaranteed to all people, subject only to law and public morality.

5.    Adequate safeguards will be provided for minorities, backward and tribal areas, as well as depressed and other disadvantaged classes.

6.    The integrity of the Republic’s territory and its sovereignty over land, sea, and air shall be maintained in accordance with justice and the laws of civilized nations.

7.    The ancient land of India shall attain its rightful and honored place in the world and make its full and willing contribution to the promotion of world peace and the welfare of humanity.
Seventy-three of its members, elected from the provinces on Muslim League tickets, boycotted the proceedings of the assembly from its very inception. They subsequently formed a separate Constituent Assembly for Pakistan which was formally inaugurated by Lord Mountbatten at Karachi on 14 August 1947. After the dawn of independence, the Constituent Assembly became a sovereign body, and it took about three years to frame the new constitution of free India, if came into force on 26 January, 1950. The new constitution which declares India, that is Bharat to be a sovereign, democratic republic is a very bulky document.
WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India, into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens; JUSTICE, social, economic and political.
EQUALITY of status and of opportunity, and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949 do HEREBYADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
(Note : The italicized words in the above preamble were added by the Forty Second
Amendment Act, 1976)
Though the Preamble is not a part of the constitution yet it serves as a key to the constitution. To quote Pandit Bhargava “It is most precious part of the Constitution. It is the soul of the constitution. It is key to the Constitution. It is jewel set in the constitution. It is a superb prose poem, may be it is perfection in
itself.” Chief Justice Hidayathullah says “Preamble resembles the Declaration of Independence of the United States of America but is more than a declaration. It is the soul of our constitution which lays down the pattern of our political society It contains a solemen resolve which nothing but a revolution can alter.”
An analysis of the preamble shows that is intends India to be a sovereign, Socialist, Secular and Democratic Republic. Let us describe them briefly.
The basic principles and ideology, on which the Indian Constitution is based are discussed below:
Sovereignty :The Indian Constitution is based on the principles of sovereignty meaning, thereby, that India is an independent and autonomous and not dependent upon any foreign government for its administration.
Republic: The concept of Republic implies that head of State would be directly or indirectly, elected by the people themselves, and he would not be appointed on the basis of heredity. Consequently, the Indian Constitution provides for the election of the President not his nomination.
Democracy: As a form of Government, the democracy which is envisaged is, REPRESENTATIVES DEMOCRACY and there are in our constitutional agencies of direct control by the people, such as ‘referendum’ or ‘initiative.
Socialism: The world ‘socialism’ has been added in the Preamble of the Indian Constitution vide 42nd amendment (1976). The socialist orientation of the Indian Constitution is evident, particularly, from Article 39 which provides: (a) that all citizens have the right to adequate means of livelihood , (b) that the ownership and control of the material resources of the community have to be so distributed as to sub serve the common goods; (c) that the operations of the economic system should be so organized as not to result in the concentration of wealth and the mean of production to the common detriments and so on.
Secularism :The world ‘secular’ to the existing description of the country as a sovereign democratic republic in the Preamble by the 42nd amendment (1976) further strengthens the nonreligious approach of the Constitution. A secular state implies that there is no state religion and in the formulations, of its policies, the state would remain neutral in religious matters-neither supporting nor discriminating against any religion of the country.Let us now examine the special aspect of this framework i.e. Federation, Planning and Parliamentary Democracy.
Federation: The constitution is a Federation constitution in as much as it establishes what may be called a Dual Polity (which) consist of the union at the Centre and the States at the Periphery each endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution. Yet the Constitution avoids the tight mould of federalism. and could be both unitary us well as federal
according to the requirements of time and circumstances.
Constitution of India 1950 declares India ‘Union of State’ The world Federalism has not been used anywhere in the constitution. But certain features like the distribution of powers between the states and Union, presence of a Supreme Court to review the laws passed by the government etc. seem to give us the impression of a federal constitution. The Federal nature of the Indian Constitution as has been said earlier, had always been matter of controversy. The reason being this is nothing but the presence of unitary as well as federal characteristics in the same constitution.
Self-Check Exercise 1:

•    Define the framework of the Indian Constitution.

•    What are the main components of this framework?

2.4 DIVISION OF POWER IN THE INDIAN CONSTITUTION
Division of powers is generally considered to be the most important part of a federation. In the present world of cooperative federalism, the federal government has virtually taken away many of the powers of the units and the traditional definitions of identifying federalism with the ‘constitutional autonomy of the States’ or strict compartmentalization; no longer hold water. Similarly many other characteristics of the federation which were considered to be the very bases
of federal constitution, have lost their importance in the highly dynamic nature of the present world Society. This, has made the centralization is every walk of life inevitable. However, the division of power is still considered to be the very essence of federalism and any constitution which forbids this division of powers between the union and the units, can not claim to be federal, however, flexible the criterion of federation maybe.
A brief account of these three divisions is given below:
Legislative Relations :The Indian Constitution divides the legislative powers into three lists which have been given in the Seventh Schedule that is Union list, State list, and the Concurrent list.
List-I The Union List: It includes the subjects which are considered to be of the national importance, such as Defense, Foreign Affairs, War and Peace, Citizenship, Railways, Currency, Posts and Telegraphs, Banking etc.
This 42nd Amendment to the constitution inserted a new entry 3 A, after entry 2 in the union list. This new entry deals with the employment of any armed forces of Union or any other force subject to the control of the Union or any contingent of unit thereof in any State in aid of the civil power.
List-II: The State List: This includes the items which were left to the States. Initially, the list included many items such as Public Order, Public Administration, Justice, Prisons, Public Health, Education, Agriculture and Forests etcetera. But the 42nd Amendment Act which was a comprehensive attempt to change the federal division of powers, shifted some of these subjects to the concurrent list. This led to the transfer of administration of justice, constitution and organization of all courts, education, weights and measures, forests, protection of wild animals and birds, etc. from List II to List III.ListIII :The Concurrent List : This list includes the items on which both the union and state governments can legislate. This includes such items as criminal law and procedures, civil procedures, contracts, torts, trusts, welfare of labour. As we have seen in preceding lines, many more, subjects have been removed from the state list and added to the Concurrent list.
Residuary Powers: Residuary powers in the Constitution have been left with the Union. This is contrary to the provisions in the U S. Constitution which leaves the residuary powers with the States.
A part from these three lists, the Union-State-Legislative relation are also governed by some articles which give to the parliament, power to over rule State legislation in certain cases.
ADMINISTRATIVE RELATIONS :
The administrative relations have been designed in such a way as to ensure the smooth working of the Union and the State Government and avoid any such incidence which runs contrary to the spirit of harmonious working. Articles 256, 257, 258, 262 and 263 broadly deal with these provisions. Article 256 provides that the executive as to ensure compliance with the law made by Parliament.
Article 257 provides that the States will exercise their executive power in such a way as not to impede or prejudice the exercise of the executive power of the Union and the Government of India might give to a State such directions as might appear to it necessary for that purpose.
Article 258 provides that the President can constitute the State as the agents of the Union with their consent and can entrust conditionally or unconditionally to them or to their officers, functions in relation to any matter to which the executive power of the Union extends.
Article 262 empowers of President to provide by law for the adjudication of any dispute among states with respect to the use distribution and control of river waters or valleys.
Article 263 deals with the establishment of an inner-State Council.
FINANCIAL RELATIONS :
The financial resources of the centre and the States can briefly be summarized as below :-

1.    Tax jurisdiction of the Union : The Union has tax jurisdiction over the subjects which have been included in the Union list. These include corporation tax, taxes on income other than from agricultural land, custom duties, duties of excise on tobacco, estate duty in respect of property other than agricultural land, “terminal taxes on goods or passengers carried by railways, sea or air, taxes on the sale of purchase of newspaper and any other tax which has not been mentioned in the other two lists.

2.    Tax jurisdiction of the States :These taxes include mainly the following taxes. Estate duties in respect of agricultural land, taxes on lands, buildings taxes on agricultural income, taxes on consumption and sale of electricity, taxes on the entry of goods into local area of consumption, use or sale therein, taxes on sale and purchase of goods other than newspapers, duties in respect
of succession to agricultural land, duties of excise on certain goods purchased or manufactured in the States, land revenue, taxes on vehicles, taxes on entertainments etc.

3.    Taxes levied by the Union but collected and wholly appropriated by the States : This includes stamp duties and excise duties on medicine and toilet preparation.Taxes levied and controlled by the Union but assigned to the States : It includes taxes on railway freights, taxes on the sale and purchase of newspaper and advertisements published therein, terminal taxes on good and passengers carried by railway, sea or air, estate duty in respect of property other than agricultural land, duties in respect of succession to property other than agricultural land etc.

4.    Taxes levied and collected by the Union but necessarily shared between the Centre and States: It includes taxes on income other than agricultural income.

5.    Taxes which are levied and collected by the Union but may be shared between the Union and the States: It includes excise duties other than those on medical and toilet preparations mentioned in the Union list and collected by the Government of India.
Self Check Exercise -2

•    How is power divided between different branches of government in the Indian Constitution?

•    Explain the significance of the separation of powers.

2.5    Parliamentary Democracy
The constitution of India has adopted a parliamentary form of government on the British model but its republican character necessitated the creation of the office of the President who acts as the constitutional head of the State. The real executive power of the union of central government is vested in the Council of ministers headed by the Prime Minister. The responsibility of the executive to the legislature has been called the essence of parliamentary democracy, accordingly, the Council of Ministers is collectively responsible to the-Union Parliament (Sansad), particularly its lower house, called House of the People of the Lok Sabha which consists of members, elected directly by the people on the basis of universal adult franchise, The union government thus consists of three main organs-the President the Council of Ministers and the Parliament.
In the parliamentary form of government there are two executives one real and the other nominal. In India, while the President is the nominal executive, the Council of ministers headed by the Prime Minister is the real executive. It means that formally all executive power: of the
Union are vested in the President of India (“Articles 53) but in reality he does not exercise these powers himself. Rather he exercises them on the advice of the Cabinet or more precisely the cabinet exercises them on his behalf and in his name. Article 74 ? (1) of the constitution provides that there shall be a council of ministers, headed by the prime minister to aid and advise the President in the exercise of his powers and performance of his function. In 1976 the Forty-second Amendment Act made it binding on the President to accept the advice of the Cabinet: After this amendment, the President, could not even ask the Cabinet to reconsider its advice to him. Thus he became totally a rubble stamp in the hands of the Cabinet. However, when Janta Party came to power this position was changed by the Forty-Fourth Amendment Act (1978). This amendment allows the President to refer back a matter to the Cabinet and ask it to reconsider its advice, but if the Cabinet again senders its advice to him after such reconsideration, either in the original but to accept the advice of the Cabinet. Thus in ultimate analysis the President is only a nominal executive and the real executive is the Union Cabinet. The second important feature of the parliamentary government as it obtains in India is that theoretically the council of Ministers holds office during the pleasure of the President but in reality, it is responsible to the union Parliament.
Under the constitution, a bi-classical legislature, called Parliament, has been established at the Union level. It has two houses, the Rajya Sabha and the Lok Sabha.
direct representation of people and the representation of units as such, by setting up two Houses, one representing the people as a whole and the other, the feeding Units. The two houses of Parliament are the Council of States (the Rajya Sabha) and the House fairly reflect the nature of their composition. The Lok Sabha is composed or directly elected representatives on the basis of adult franchise. The Rajya Sabha is composed mainly of representatives of the Status, elected by the legislative Assemblies of the states.
Union Article 79 of the Constitution Parliament consists of the President and the two house viz. the Rajya Sabha and Lok Sabha. Making the President ‘integral part of Parliament is in conformity with the principles and traditions of a parliamentary system of government. (In Great Britain, Parliament consists of the Queen, the House of Lords and the House of Commons). Although the President himself is not a member of the legislature, his participation in the legislative process is ensured by making him a part of Parliament. The fact that he is the chief executive authority and that the executive power is co-extensive with the legislative power also makes it necessary that he should become an integral part of legislature.
However, in practice the Parliament has not been as effective as it is supposed to be because of the increasing influence of the Council of ministers.
Self Check Exercise 3

•    What are the main features of parliamentary democracy in India?

•    How does parliamentary democracy function in the Indian political system?

2.6    Planning
Planning substitutes order for chaos and introduces rationality into decision making process. It reduces random and haphazard activity. Planning makes personnel conscious of the objectives of the enterprise and thus encourages their involvement and participation. Planning promotes internal, coordination and thus helps in making possible the integrated and coordinated effort. It facilitates control as the top executives can compare the performance with the standards of targets laid down the process of planning. Planning generation economy and effective has rightly stated that “Planning is the foundation of most successful action of an enterprise.”
In, 1934, Sir V. Visvesvaiya, published his book “Planning Economy is India” in which he formulated a 10 years Plans to the economic development of the country. In 1938, after the popular rule in a number of provinces, a National Planning Committee was set up in 938 under
the chairman-ship of Pt. Jawahar Lai Nehru with Prof. K.T. Sah as it General Secretary. In 1944 eight leading industrialists of India prepared a plan of economic development of India prepared a plan of economic development of India. An interim Govt., appointed in August 24, 1946 appointed an Advisory Planning Board with Mr. K. C. Neogy as its Chairman.
Immediately after gaining independence, the government established the Planning Commission in 1950 to assess the country’s needs in terms of material resources and human capital, with the aim of creating a plan for their more balanced and effective utilization. The First Five-Year Plan began in 1950-51 and was followed by a series of subsequent Five-Year Plans.
The Directive Principles in our Constitution stipulate that the State shall, in particular, direct its policy towards securing: (a) that all citizens, both men and women, have the right to an adequate means of livelihood; (b) that the ownership and control of the community’s resources are distributed in a way that serves the common good; (c) that the functioning of the economic system does not lead to the concentration of wealth and means of production to the detriment of the public.
The long-term objectives outlined by the planners in India were as follows:

1.    To maximize production in order to achieve higher levels of national and per capita income.

2.    To ensure full employment.

3.    To reduce income and wealth inequalities.

4.    To establish a socialist society based on equality, justice, and the absence of exploitation.
The First Five-Year Plan expressed clearly the long-term objectives or goals of economic planning in India as follows: “Maximum production and full employment the attainment of economic equality or social justice which constitute the accepted objectives of planning under present day conditions are not really so many different ideas but a series of related aims which the country must work for. None of these objectives can be pursued to the exclusion of a plan of development must place balanced emphasis on all these”. B.

S.    Minhas states; ‘securing rapid economic growth and expansion of employment, education of disparities in income and wealth, prevention of concentration of economic power, and creation of the values and attitudes of a free equal society have been among the objectives “of all our plan.
Planning machinery at the national and state level consists of a network of agencies and institutions which are concerned with the various aspects of the planning process-plan formulations; plan implementations, plan appraisal and evaluation, plan financing etc. Thus viewed, planning machinery at the national and state level include the following.

(i)    The Planning Commission and the Planning Boards;

(ii)    The Central Ministries and the State Government

(iii)    The National Development Council and
(iv)The Commission’s associated’ bodies .and its ‘Liaison Agencies.’
Let us now discuss in brief the role of Planning Commission in the formulation of plan in India.
India has perhaps the largest tradition of planning in any non-socialist country. The nearest parallel to it in Western Europe is the French System of Planning. The main difference, however, is that, India has a federal structure of government and the achievement of socialistic pattern of society is her a vowed objective. The Planning Commission was established in March, 1950. The Commission was required;

(a)    To make an assessment of material, capital and human resources as well as to formulate development plans for the most effective utilization of these resources for improvement of social, human and economic conditions in the country.

(b)    To indicate the obstacles in the way of planned economic and social development in the country and suggest ways- and any means to the Government to deal with them.

(c)    To suggest any changes or additions to the administrative system, for effective implementation of development plans proposed by to and approved by the government.

(d)    To carry out appraisals, from time to time, or the progress achieved in implementation of the development plans by the administrative agencies or departments concerned and to suggest ways and means for improving the scale and quality of thus implementation.
Composition of Planning Commission
The Commission consists of a leadership team, alongside a group of experts, administrators, and support staff who form its secretariat. Some members are full-time, while others serve part-time. The number of members is not fixed, so it can vary depending on various factors.
The Secretariat is organized into three main divisions: (1) General Divisions, (2) Subject Divisions, and (3) Housekeeping Divisions.
Currently, there are twelve General Divisions, each focusing on studies related to the Plan as a whole. These divisions include:

a) Perspective Planning b) Statistics and Surveys c) Economic Research d) Socio-economic Research e) Plan Coordination f) Programme Administration g) Multi-level Planning h) Project Appraisal i) Employment and Manpower, Health and Family Welfare j) Housing and Urban Development k) Industry and Minerals l) Village and Small Scale Industries m) Social Planning n) Social Welfare
These divisions maintain close communication with relevant departments in both the Central Ministries and State Government, gathering, processing, and analyzing data, as well as sponsoring research to aid in the formulation of sector-specific plans and programs. The Housekeeping Divisions manage records, accounting, and day-to-day administrative tasks. The Subject Divisions conduct the majority of planning activities. Each division works with specialized or expert groups, with representation from the concerned ministries.
Composition of State Planning Boards
Many State Planning Boards have been established across India. These boards are tasked with drafting state plans by consulting experts, ministers, decision-makers, and by gathering input from district administrations and other organizations. However, except in a few states, the role of these boards remains underdeveloped. They often lack sufficient expertise and innovation. Their intended role as the government's central body for addressing social and economic issues has yet to be fully realized. The Tribune has correctly pointed out: “In most states, the planning boards, like several ‘autonomous corporations’, have become refuges for disgruntled or problematic politicians, who treat plan funds as discretionary grants. Sinecures are often provided to secure the political support of such individuals in the fight for ministerial positions amidst constant power struggles. Unfortunately, this political maneuvering has minimized the involvement of economic experts, who should be the core of the state planning boards.” It is important that political interference in planning is addressed. Programme advisers are responsible for ensuring coordination and collaboration between Union ministers, state-level planning boards, and planning bureaus of state departments, particularly regarding resource allocation and prioritization in the five-year plans. Various groups involved in the planning process often have differing interests, and it is the job of the programme advisers to mediate these conflicts with minimal disruption. The Planning Commission then submits the finalized plans.
Self- Check Exercise 4

•    Describe the role of planning in the Indian government.

•    How has planning evolved in India since independence?

2.7NITI Aayog
The Planning Commission which was established in 1950 was scrapped by the government on 13th of August, 2014 and it was announced to have a new body in place of planning commission. Consequently, on January 1, 2015, the NITI Aayog (National Institution for Transforming India) was established as the successor to the planning commission. The NITI Aayog, like the Planning Commission, was also created by an executive resolution of the Government of India (i.e., Union Cabinet). So, it is also neither a constitutional body nor a statutory body. In other words, it is a non-constitutional or extra-constitutional body (i.e., not created by the Constitution) and a non-statutory body (not created by an Act of the Parliament). NITI Aayog is the major policy ‘Think Tank’ of the Government of India which is given the task of providing both directional and policy inputs. NITI Aayog also provides relevant technical advice to the Centre and States for strategic and long-term policies and programmes. NITIAyog’sown policy thinking is shaped by a ‘bottom-up’ approach rather than a ‘top-down’ model which was a feature of Planning Commission.
The main reasons for replacing the Planning Commission with the NITI Aayog, as observed by Government of India,

•    “India has undergone a paradigm shift over the past six decades–politically, economically, socially, technologically as well as demographically. The role of Government in national development has seen a parallel evolution. Keeping with these changing times, the Government of India has decided to set up NITI Aayog (National Institution for Transforming India), in place of the erstwhile Planning Commission, as a means to better serve the needs and aspirations of the people of India.”

•    The new institution will be a catalyst to the developmental process; nurturing an overall enabling environment, through a holistic approach to development going beyond the limited sphere of the Public Sector and Government of India.

•    Then Union Finance Minister Arun Jaitley said: “The 65-year-old Planning Commission had become a redundant organisation. It was relevant in a command economy structure, but not any longer. India is a diversified country and its states are in various phases of economic
development along with their own strengths and weaknesses. In this context, a ‘one-size-fits-all’ approach to economic planning is obsolete. It cannot make India competitive in today’s global economy.”

•    The Resolution observed: “Perhaps most importantly, the institution must adhere to the tenet that while incorporating positive influences from the world, no single model can be transplanted from outside into the Indian scenario. We need to find our own strategy for growth. The new institution has to zero in on what will work in and for India. It will be a Bharatiya approach to development.”
COMPOSITION of NITI Ayog
The NITI Aayog is structured as follows:

•    Chairperson: The Prime Minister of India.

•    Governing Council: This includes the Chief Ministers of all states, Chief Ministers of Union Territories with legislatures (such as Delhi, Puducherry, and Jammu & Kashmir), and the Lieutenant Governors of other Union Territories.

•    Regional Councils: These councils are established to address specific issues affecting multiple states or regions. They are formed for a defined period and are convened by the Prime Minister, involving the Chief Ministers and Lieutenant Governors from the affected states and Union Territories. These councils are chaired by the NITI Aayog Chairperson or their nominee.

•    Special Invitees: These include experts, specialists, and practitioners with relevant domain knowledge, nominated by the Prime Minister.

•    Full-time Organizational Framework: In addition to the Chairperson (the Prime Minister), the NITI Aayog includes:
o Vice-Chairperson: Appointed by the Prime Minister, holding the rank of a Cabinet Minister.
o Full-time Members: They are appointed full-time and hold the rank of Minister of State.
o Part-time Members: Up to two members from prominent universities, research institutions, and other relevant bodies, serving in an ex-officio capacity on a rotational basis.
o Ex-Officio Members: A maximum of four members from the Union Council of Ministers, nominated by the Prime Minister.
o Chief Executive Officer: Appointed by the Prime Minister for a fixed term, holding the rank of Secretary to the Government of India.
o Secretariat: Established as necessary.
Specialized Wings of NITI Aayog

•    Research Wing: This wing functions as a think tank, developing in-house expertise in various sectors with contributions from top domain experts, specialists, and scholars.

•    Consultancy Wing: Designed to offer a marketplace for expert panels and funding, facilitating collaboration between the Central and State Governments and public or private solution providers, both nationally and internationally.

•    Team India Wing: This wing comprises representatives from every state and ministry, serving as a permanent platform for national collaboration. It ensures:
o Continuous representation and involvement of each state/ministries in the NITI Aayog.
o A direct communication channel between states/ministries and NITI Aayog for development-related matters.
Objectives of NITI Aayog
The NITI Aayog aims to:

1.    Develop a shared vision of national development priorities, strategies, and sectors with active involvement from states.

2.    Promote cooperative federalism through continuous support and mechanisms, recognizing that strong states contribute to a strong nation.

3.    Create mechanisms for formulating credible plans at the village level, progressively aggregating them at higher levels of government.

4.    Ensure that national security interests are incorporated into economic strategies and policies.

5.    Focus on the sections of society at risk of not benefiting adequately from economic progress.

6.    Design and monitor strategic, long-term policy frameworks and programs, with continuous feedback to allow necessary adjustments.

7.    Encourage partnerships between key stakeholders and national/international think tanks, as well as educational and research institutions.

8.    Build a system for knowledge, innovation, and entrepreneurship through collaboration among national and international experts and practitioners.

9.    Provide a platform to resolve inter-sectoral and inter-departmental issues to accelerate development.

10.    Maintain a Resource Centre that houses research on good governance and best practices in sustainable development and makes these available to stakeholders.

11.    Monitor and evaluate the implementation of programs, identifying required resources to enhance the probability of success.

12.    Focus on technology upgradation and capacity building for better program implementation.

13.    Engage in other necessary activities to support the execution of the national development agenda.
Guiding Principles of NITI Aayog

1.    Antyodaya: Prioritize service to and upliftment of the poor, marginalized, and downtrodden, in line with Pandit Deendayal Upadhyay’s concept of 'Antyodaya.'

2.    Inclusion: Empower vulnerable and marginalized sections of society by addressing inequalities based on gender, region, religion, caste, or class.

3.    Village Development: Integrate villages into the development process, harnessing their vitality and cultural significance.

4.    Demographic Dividend: Leverage India’s human resources by focusing on education, skills development, and empowering individuals through productive livelihood opportunities.

5.    People's Participation: Make the developmental process citizen-driven, ensuring an awakened and participative populace as the driver of good governance.

6.    Governance: Foster open, transparent, accountable, and proactive governance, shifting the focus from outlay to output to outcome.

7.    Sustainability: Incorporate sustainability at the core of planning and development, in line with India’s ancient respect for the environment.
Seven Pillars of Effective Governance by NITI Aayog

1.    A pro-people agenda that meets both societal and individual aspirations.

2.    Proactive response to anticipate and meet citizen needs.

3.    A participative approach, involving citizens in decision-making processes.

4.    Empowerment of women across all aspects of life.

5.    Inclusion of all groups, with special attention to SCs, STs, OBCs, and minorities.

6.    Ensuring equality of opportunity for youth.

7.    Transparency through the use of technology, making government actions visible and responsive.
Self Check Exercise-5

• What is NITI Aayog, and when was it established?

2.7 Discuss the main functions and objectives of NITI Aayog. National Development Council
National Development Council. This Council comprises of Prime Minister as the Chairman and the Chief Minister of Planning Commission are its ex-officio members. Several Minister of the Central Government are also invited by the Chairman to attend the meetings as non-members in order to put forward their viewpoint on matters within their respective ministerial jurisdiction. The Council may set up a committee for various subjects or fields of planning. The main function of the Council may be summarized as:

(a)    To formulate and prescribe guidelines for the preparation of the National Plan as well as to suggest ways and means for mobilization of resources for the Plan.

(b)    To discuss and scrutinize the Draft National Plan as prepared by the Planning Commission.

(c)    To examine policy questions arising in regard to the Plan.

(d)    To review relevant questions relating to the implementation of the plan.
Self Check Exercises 6

•    What is the National Development Council (NDC)?

•    Explain the role of the NDC in India's planning process.

2.8    Summary
The decisions of the National Development Council along with the Draft National Plan are sent to the cabinets and legislatures of all the governments in the country for discussion. These high powered organs of the government have thus the final voice in regard to the nature and scope of plan as well as for the Strategy and resources for its implementation.

2.9    Glossary

(a)    N.D.C. :“National Development Council Comprises Prime Minister is its chairman and all the C.M. of State as its members.

(b)    Sir V. Visvesvarya: Published the Book “Planned Economy in India. In which he has formulated a 10 year plans to the economic development of the country.

(c)    Parliamentary Democracy: The constitution of India has adopted a Parliamentary form of government on the British model both for centre as well as for the state.

2.10    Answer to Self Check Exercises
Answer Self-check Exercise
Self-check Exercise-1
Refer to section
2.3
Self-check Exercise-2
Refer to section
2.4
Self-check Exercise-3
Refer to section
2.5
Self-check Exercise-4
Refer to section
2.6
Self-check Exercise-5
Refer to section
2.7
Self-check Exercise-6
Refer to section
2.8

2.11    References/Suggested Readings

(i)    S.R. Maheshwari, “Indian Administration.”

(ii)    K.K. Puri, “Indian Administration.”

2.12    Terminal Questions

(1)    Discuss in detail the division of powers between centre and the state.

(2)    Discuss the Role of NDC in the economic development of the country.
Unit-3
PARLIAMENTARY DEMOCRACY
Structure
3.1Introduction

3.2 Learning Objectives

3.3 Parliamentary Democracy
Self Check Exercise-1

3.4    Unitary Features of Constitution
Self Check Exercise-2

3.5    Federal Features of Constitution
Self Check Exercise-3

3.6    Cooperative and Competitive Federalism
Self Check Exercise-4

3.7    Summary

3.8 Glossary

3.9 Answer to Self Check Exercises

3.10    References/Suggested Readings

3.11    Terminal Questions

3.1    INTRODUCTION

- people of India and there is no subordination to any external authority.
As a form of government, the democracy which is envisaged is, of course a respective representative democracy and there are in our constitution no agencies of direct control by the people, such as referendum or ‘initiative’ The people of India are to exercise their sovereignty thorough a Parliament at the Centre and a Legislature in each state, which is to be elected on adult franchise. Thus, Indian Administration operates within the framework of the constitution which has been in operation since 1950.

• Main Features of the Constitution
The main features of the constitution which condition its functioning are :

(1)    Parliamentary type of democracy, both at the centre and in the states, in which the Executive is held responsible to be elected legislature.

(2)    Federal nature of the constitution in which functions have been constitutionally divided between the Union Government and the States the former playing a more important role and in times of emergency, its authority extending even to taking over of administration of individual states in its own hands.

(3)    The constitutional of India grants a number of fundamental rights to the citizens of India. The presence of these rights in the constitution guarantees the liberties of the people against any government excessiveness. Even he slightest encroachment by the Government on the citizen’s right can be remedied through independent courts.

(4)    By the 42nd amendment of the constitution adopted in 1976, fundamental duties of the citizens have been enumerated. These enjoin upon a citizen, among other things to abide by the constitution.

(5)    One of the most novel features of the constitution of India is the provision of Directive Principles of State Policy. The main object of this part is to provide guidelines to the Government while implementing their policies,

(6)    To help the backward classes and communities provision was made to help them for bringing them at the level of advanced classes. It was done by reservation of seats for 10 years but this period has been extended from time to time.

(7)    The minorities communities have been provided equal rights with the majority community in religious, cultural, economic and political spheres.
In this part of lesson, attempt has been made to study the some of important features of the
constitution of India which condition the functioning.

3.2    Learning Objectives
After learning through this lesson the students will be able to understand

•    Parliamentary Democracy

•    Unitary Feature of the Constitution

•    Federal Feature of the Constitution

•    Cooperative Federalism

3.3    PARLIAMENTARYDEMOCRACY
The Constitution establishes the parliamentary form of Government in India. The applies to the states as well as the Union. The President of the Indian Union and the Governors of the States are constitutional rulers with nominal powers. Real executive authority is exercised by the Council of Ministers which is responsible to the Parliament and holds the reins of power only so long as it enjoys the confidence of the latter.
The parliamentary democracy which is enshrined in the Indian Constitution has numerous implications but the following have direct relevance to the public administration of the country.

1.    The supremacy of Parliament over the executive and the right of Parliament to review the wording of administrative machinery.

2.    The collective responsibility of council of Ministers to Parliament and the determination of major policies by the cabinet

3.    The individual responsibility (as a part of the collective responsibility) of each minister holding a portfolio for formulating policies to oversee their implementation and to ensure efficient working of the administrative machinery under this charge.

4.    The obligation of ministers as well as of civil servants to uphold the constitution and the rule of law.

5.    The colligation of every civil servant to implement faithfully all policies and decisions of the ministers, even if these be contrary to the advice tendered by him.

6.    The freedom of civil servants to express themselves frankly in tendering advice to their superiors including ministers, and

7.    The observance by civil servants of the principles of political neutrality, impartially and
anonymity. Let us one examine some of the problems of parliamentary democracy.
One of the major problem of parliamentary democracy at present is the decay of political institutions which has arouse during the past few years. Political parties are losing their organizations strength and the gap between the electorate and the elected representative is increasing. Defections are conducive to indiscipline in parties which leads to decay all the more.
In the second place, the constitution creates a very strong centre. In the three-fold distribution of power the most important subjects are placed in the Union List which is the longest of the three lists. Besides, there is concurrent list over which the C.G. can exercise legislative and administrative jurisdiction if it deems necessary.
Self Check Exercise 1

•    What are the core principles of parliamentary democracy as practiced in India?

•    How does parliamentary democracy influence the legislative process in India?

3.4Unitary Features of Constitution
The executive, legislative, and judicial branches of the Indian government derive their authority from the Constitution and must adhere to its provisions. India operates under a parliamentary system of government, with the executive being directly accountable to the legislature, as guided by the Constitution.

•  Article 52 and 53: The President of India serves as the head of the executive branch.

•  Article 60: The President has the duty to preserve, protect, and defend the Constitution and
the law.

•    Article 74: The Prime Minister heads the Council of Ministers, which assists and advises the President in fulfilling constitutional duties.

•    Article 75(3): The Council of Ministers is accountable to the Lok Sabha (lower house of Parliament).
India's Constitution is described as federal in structure but unitary in spirit. It includes federal features such as a written, supreme Constitution; a three-tier government (central, state, and local); division of powers; a bicameral legislature; and an independent judiciary. At the same time, it includes unitary elements such as a single Constitution, single citizenship, an integrated judiciary, a flexible Constitution, a strong central government, the appointment of state governors by the central government, All India Services (IAS, IFS, IPS), and emergency provisions. This combination gives the Constitution a quasi-federal form.
Each state and union territory in India has its own government. Similar to the roles of the President and Prime Minister at the central level, each state has a Governor (or Lieutenant Governor in union
territories) and a Chief Minister. Article 356 allows the President to dismiss a state government and assume direct control if the state government cannot function in accordance with the Constitution. This is referred to as President's Rule. However, following the S. R. Bommai v. Union of India case, such actions have become more difficult, as the courts have asserted their authority to review such decisions. The 73rd and 74th Constitutional Amendments established the system of Panchayati Raj in rural areas and Nagar Palikas in urban areas. Article 370 granted special status to the state of Jammu and Kashmir.
Article 368 outlines the procedure for amending the Constitution. Amendments involve additions, changes, or the repeal of parts of the Constitution by Parliament. To pass an amendment, both Houses of Parliament must approve the bill with a two-thirds majority of the total membership, provided that at least two-thirds of the members are present and voting. Some amendments, particularly those affecting the federal nature of the Constitution, also require ratification by a majority of state legislatures. Unlike regular bills (except money bills as per Article 245), there is no provision for a joint session of the Lok Sabha and Rajya Sabha to pass a constitutional amendment. During a parliamentary recess, the President cannot promulgate ordinances under their legislative powers as stated in Article 123, Chapter III.
Despite the supermajority requirement for amendments, the Indian Constitution is the most frequently amended national governing document in the world. The Constitution is so detailed in outlining governmental powers that many amendments address matters typically handled by legislation in other democracies. In 2000, the Justice Manepalli Narayana Rao Venkatachaliah Commission was set up to suggest updates to the Constitution. The commission submitted its report on March 31, 2002, but its recommendations have not been accepted by successive governments. The Government of India also establishes law commissions, which are tasked with recommending legal reforms and strengthening the rule of law.
Limitations: Basic Structure Doctrine
In the landmark case Kesavananda Bharati v. State of Kerala, the Supreme Court ruled that an amendment to the Constitution cannot alter or destroy its basic structure or framework. If an amendment attempts to do so, it will be declared invalid. However, no provision of the Constitution is completely immune from amendment; the basic structure doctrine does not protect individual provisions of the Constitution. The "basic features" of the Constitution, when considered as a whole, cannot be abridged or abolished. These basic features have not been fully defined, and whether a specific provision qualifies as a "basic feature" is ultimately decided by the courts. The Kesavananda Bharati v. State of Kerala decision laid down the constitution's basic structure:

1.    Supremacy of the constitution

2.    Republican, democratic form of government

3.    Its secular nature

4.    Separation of powers

5.    Its federal character
This means that Parliament can amend the Constitution only as long as it does not alter its basic structure. If an amendment violates this principle, the Supreme Court or a High Court can declare it invalid through judicial review. This reflects a key feature of parliamentary systems, where the judiciary acts as a check on legislative power. In the 1967 Golak Nath v. State of Punjab case, the Supreme Court ruled that the state of Punjab could not impose restrictions on fundamental rights safeguarded by the basic structure doctrine. In this case, land ownership rights and the right to practice a profession were recognized as fundamental rights. However, this ruling was overturned with the passage of the 24th Constitutional Amendment in 1971, which reaffirmed Parliament’s authority to amend fundamental rights.
Self-Check Exercise 2

•    What are the unitary features of the Indian Constitution?

•    How do these unitary features impact the relationship between the central and state governments?

3.5    FEDERAL FEATURES OF THE INDIAN CONSTITUTION.
It possesses the following distinctive feature of a federation :

(1)    There must be two levels of government- the Central Government and the State Government. Both being autonomous in its own sphere of functioning.

(2)    The powers and functions of the C. G. and the State Government must be defined in a written Constitution. Hence, there is the constitutional distribution of functions between the two levels of government. The C. G. has jurisdiction over 97 subjects : Strictly, speaking there are 96 subjects, the last one being any other matter not enumerate I in list II and III including any tax not mentioned in either of those lists. This is really the residuary power. The state list includes 66 subjects, which are within the exclusive legislative jurisdiction of the state legislature. Also, there is a concurrent list consisting of 47 items over which both the governments have concurrent jurisdiction subject, of course, to the superiority of C.G..

(3)    The disputes regarding the power and functions of the C. G. and the S. G. are todecided by the Supreme Court which is an independent body under the constitution.

(4)    The strength of the centre can be immensely increased in times of war and other national emergencies when the constitution can be converted into a unitary one without the need of constitutional amendments. By issuing a Proclamation of Emergency, the President of India can assume extra ordinary powers which may amount to the suspension of autonomy of states. While a Proclamation of Emergency is in operation, the executive power of the Union shall extend to
the states in all matter and Parliament shall be empowered to frame laws even on those subjects which are included in the state list. Similar effects will follow if the Governor of a state declares that the government of a state cannot be carried in accordance with the provisions of the constitution and the President by Proclamation, assumes to himself all or any of the functions of the government of the state, the administration of the state shall be exercisable by or under the authority of Parliament. The President can also modify the provisions of the constitution relating to the distribution of powers between the Union and the State. This is an unparalled features of the Indian Constitution which is at once unitary and federal according to the circumstances, Normally, it is meant to be federal, but in an emergency it can assume a unitary character.

(5)    In the fifth place, the territories of the units of the Indian Union are not treated as inviolable. The Union Parliament can (a) form a new state by separation of territory from any state or by uniting two or more states (b) increase or diminish the area of any state, and (c) alter the boundaries or name of any state. Article 3 of the constitution provide that these changes can be made by passing a Bill introduced in Parliament on the recommendation of the President provided that the views of the legislature of the state or states concerned have been ascertained by the President.
Self-Check-Exercise-3
What are the federal features of the Indian Constitution?
How do these federal features promote the distribution of power in India?

3.6    Cooperative and Competitive Federalism
Corporative federalism is a system of federalism not based on the common federalist idea of relative land area or nearest spheres of influence for governance, but on fiduciary jurisdiction to corporate personhood in which groups that are considered incorporated members of their own prerogative structure by willed agreement can delegate their individual effective legislature within the overall government.
The Austro-Hungarian Empire had a version of corporative federalism and gave its number of different ethnicities their own individual rights within their own assemblies instead of by relation to the territory of the empire.[1]
Part of corporative federalism's philosophical underpinnings as a form of jurisdiction rests within the auspices of demographics as polities as much as they are constituencies of a federative structure. Theories adding philosophic backing to its own conceptualizations from such ideas as diplomatic recognition and the sovereign state's right to exist as if it extended beyond territorial nation-state in an international structure, to an intranational structure of the voluntary association of those with similar social world views being codified legal frameworks to themselves, within their own sphere of interaction, under a federal government of a particular nation state and relying on infrastructural power for implementation.
Federalism in India
Federalism in India refers to the division of powers between the Central Government and State Governments. The Constitution of India lays down the framework for this system. Part XI of the Constitution defines how legislative, administrative, and executive powers are distributed between the Union Government and the States. These powers are categorized into:

•    Union List – Subjects under the Central Government

•    State List – Subjects under the State Governments

•    Concurrent List – Subjects where both the Central and State Governments can make laws
Indian federalism follows a symmetrical model, where all states are granted equal powers.
However, Jammu and Kashmir earlier had a special status under Article 370, which was revoked in 2019. Union Territories, on the other hand, are directly governed by the Central Government. Article 1(1) of the Constitution establishes a two-tier governance structure, with an additional layer of local self-government. Delhi and Puducherry have legislatures under Articles 239AA and 239A, respectively.
Union List
The Union List includes 100 subjects (earlier 97) on which only Parliament can make laws. These include:

•    National security (defense, armed forces, atomic energy)

•    Foreign affairs (diplomacy, war, peace, citizenship)

•    Economic and financial matters (banking, insurance, foreign trade, taxation)

•    Infrastructure and services (railways, airways, telecommunication, broadcasting)

•    Judiciary and governance (Supreme Court, High Courts, audits, public service commissions)
State List
The State List consists of 61 subjects (earlier 66), allowing State Legislatures to make laws. These include:

•    Public order and safety (law and order, police)

•    Health and welfare (public health, hospitals, sanitation)

•    Infrastructure and resources (electricity, land policies, transport)

•    Local governance (village administration)
Although States have exclusive power over these subjects, Parliament can intervene under certain conditions (Articles 249, 250, 252, and 253). For instance, if the Rajya Sabha passes a resolution with a two-thirds majority, Parliament can legislate on a State subject in the national interest.
Concurrent List
The Concurrent List includes 52 subjects (earlier 47) where both Parliament and State Legislatures can make laws. These subjects include:

•    Civil and criminal laws (marriage, divorce, transfer of property, civil procedures)

•    Economic and social matters (labour welfare, education, trade unions, social planning)

•    Media and communication (newspapers, books, printing press)
If a State law conflicts with a Central law, the Central law prevails, unless the State law has received the President’s approval.
Residuary Powers
Subjects not mentioned in any of the three lists are called residuary subjects. These are handled exclusively by Parliament under Article 248. If Parliament wants to expand or amend the lists, it must do so through a constitutional amendment under Article 368, with the approval of a majority of State Legislatures.
Federalism is considered a basic structure of the Indian Constitution and cannot be altered by Parliament without judicial review by the Supreme Court.
Executive Powers
Both the Union and States have separate executive structures managed by their respective governments. However, the Union Government cannot interfere with the State’s constitutional rights, except in cases where President’s Rule is imposed under Article 356.

•    Article 355: The Union must ensure that each State functions according to the Constitution.

•    Article 256: States must comply with Central laws.

•    Article 356: If a State fails to govern per the Constitution, the President can assume direct control over the State government (President’s Rule), subject to Parliament’s approval under Article 357.
Financial Powers

•    Article 282: States have financial autonomy to use resources for public purposes.

•    Article 293: States can borrow money without limits, but if they owe debt to the Central
Government, they must follow its financial terms.

•    The President appoints a Finance Commission every five years to recommend how Union
revenues should be distributed among States.
Financial Emergency (Article 360)
The President can declare a financial emergency if the financial stability or credit of the country is at risk. However:

•    Parliament must approve it within two months by a simple majority.

•    It remains in force indefinitely until revoked.

•    The President can reduce the salaries of government officials, judges, and state employees.

•    All State money bills require Presidential approval.
So far, no financial emergency has ever been declared in India.
Self Check Exercise-4

•    Define cooperative federalism and competitive federalism.

•    Provide examples of how cooperative and competitive federalism function in India.

3.7    Summary
States can make agreements among themselves. When a dispute arises with other states or union territory or the union government, the Supreme Court adjudicates per Article 131. However, Article 262 excludes Supreme Court jurisdiction with respect to the adjudication of disputes in the use, distribution or control of interstate river waters.
Under Article 263 the President can establish an interstate council to coordinate/resolve disputes between states and the Union. States have their own jurisdiction.
The recent experience of the successful implementation of indirect tax reforms in India shows that a dominant ruling party can adopt a concessionary approach to resolve disputes amicably, rather than attempting to over-awe the states or impose its will on the units. This has been called concessionary federalism.

3.8    Glossary(a)    Art 249 of Indian Constitution: Power of Parliament(b)    Art 248 of Indian Constitution: Union and state list
3.9    Answer to Self Check Exercise
Answer Self-check Exercise
Self-check Exercise-1
Refer to section

3.3
Self-check Exercise-2
Refer to section

3.4
Self-check Exercise-3
Refer to section

3.5
Self-check Exercise-4
Refer to section

3.6

3.10    References/Suggested Readings

(1)    S.R. Maheshwari, “The Indian Administration.”

(2)    K.K. Puri, “Indian Administration.”

3.11    Terminal Questions
Discuss the federal and unitary features of Indian constitution
What is parliamentary democracy, discuss
Unit-4
POLITICAL EXECUTIVES AT UNION LEVEL
Structure

4.1    Introduction

4.2    Learning Objectives

4.3    The President
Self-Check Exercise-1

4.4    Election of the President
Self-Check Exercise-2

4.5    Impeachment Procedure
Self-Check Exercise-3

4.6    Power of the Indian President
Self-Check Exercise-4

4.7    Aid and Advice
Self-Check Exercise-5

4.8    Vice President
Self-Check Exercise-6

4.9    Summary

4.10 Glossary

4.11    Answer to Self Check Exercises

4.12 References/Suggested Readings

4.13 Terminal Questions

4.1    Introduction
After years of subjugation, on the eve of independence, democracy shone like a dazzling dream. The theory of parliamentary democracy, with the public electing its rulers, seemed an exciting proposition. Yet, as the present is built on the past, the Constitution makers did not rend as under all the ties between the past and the present. We adopted and adapted institutions, which had already been worked on-and developed in the British environment. A case in this context is the office of the Indian President. Its counterpart in Britain is the King or the Queen. Though the office there is hereditary, we molded it in our own way to suit the context of parliamentary democracy and cabinet government. The office fulfills the first essential of such a government and that is the presence of a titular head of government, be it the King or the President, and the Prime Minister as well as his council of ministers, who is the real executive. The President is the “head of the state” in the sense that he represents the nation and is a symbol of its unity. All actions of the government are taken in his name but he is not the deciding, directing or determining factor. The real power is exercised by political leaders who belong to the majority party in the Parliament.

4.2    Learning Objectives
After learning through th is lesson the students will be able to understand

•    The President to India.

•    Power and function performed by the President.

•    Election of the President.

•    Vice President and their role.
4.3President
Article 52 of the Indian Constitution states: “There shall be a President of India.” Article 53(1) vests in the President the executive powers of the Union which are exercised by him either directly or through officers subordinate to him in accordance with the Constitution. For the highest executive post of the country, the qualifications prescribed are relatively simple. Article 58 provides a list of these qualifications: He should be a citizen of India, above 35 years of age,
should be qualified for election as a member of the House of the People, should not be a member of the Union or state legislatures and should not be holding any office of profit under the Union or state governments. As regards the qualifications, the Constitution makers have left certain gaps. For instance, no rationale is given for fixing the age at 35 and it is not specified whether he should be a natural born citizen or naturalized one, In reality, the first five Presidents of India were double the prescribed age when they joined office? The President is even free housing facility. The Vice Regal Lodge, built in 1911, was named the Rashtrapati Bhawan in 1947and this building houses the Indian President.
In case of the inability of the President to continue in office or of his death, the VicePresident takes over the presidency. If he too is unable to take over, the Chief Justice of the Supreme Court acts as the President. If that too is not possible, the Parliament will decide as to whose to be given this responsibility. Here, it would be interesting to note that the American Constitution provides a list of 11 successors to the American Presidency? However, in India so far, only conventions have been followed in this respect.
Self-Check Exercise-1:

1.    What are the qualifications required to become the President of India?

2.    Discuss the primary responsibilities of the President of India.

4.4ELECTION OF THE PRESIDENT
Article 55 of the Constitution explains the mode of the election of the President. The elections are indirect. He is elected by an electoral college comprising (i) the elected members of the Parliament, and (ii) the elected members of the state legislative assemblies. He is not popularly elected, but is elected by members of popularly elected bodies. The Electoral College is thus not only broad-based but substantially large in size? In order to establish uniformity or near uniformity in the scale of representation and to establish parity between the states as a whole and the Union, the value of the votes of the elected MPS and MLAs is worked out in the following manner:

(i)    Members of the State Legislative Assemblies
Total population of the state (1971 base) + 1000
Total number of elected members in the
Assembly of the State

(ii)    Members of the Parliament
Total value of the votes of all the
MLAs Toted number of the elected, members ofboth the Houses of Parliament
Then, the quota of votes a candidate needs to win the election is determined in the following manner:
Number of votes
polled Number of + 1 = Quota
members to be
returned plus one
Elections are to be held on the principle of proportional representation, single transferable vote and secret ballot? Nehru had moved and also got passed the 11th Amendment Act, according to which the elections of the President and the Vice-President could not be challenged on the ground that the electoral college was incomplete.
Self-Check Exercise-2:

1.    Explain the process of electing the President of India.

2.    What is the role of the Electoral College in the election of the President?

4.5    IMPEACHMENT PROCEDURE
Articles 56 (l) (b) and 61 provide for the impeachment of the President. Keeping in mind the dignity of the office, deliberate provisions were inserted to make the removal difficult. An impeachment is’ not like a no-confidence resolution which implies no disgrace or imputation of moral turpitude but only disapproval of the government’s policy. The motion may be introduced in either of the two chambers. The House in which the motion is introduced will frame the charges. These charges will have to be signed by one-fourth members of that House and a 14 days’ notice will be sent to the President. Then, it will have to be passed by a two-third majority in that House. The work of the second House is to investigate these charges. The President can personally appear before it to defend himself or send his representative. If the charges are proved and the motion is passed by a two-third majority in the second chamber, also, the President is considered removed from that time and day.
Self-Check Exercise-3:

1.    Describe the procedure for impeaching the President of India.

2.    What are the grounds for impeachment of the President?

4.6    POWERS OP THE INDIAN PRESIDENT
The post of the President is vested with substantial powers in various fields. Despite the wide array of powers, it must be remembered that the post is a constitutional formality in a parliamentary set-up. The President has to function according to the advice of the Prime Minister and his council of ministers. Therefore, his role is that of a ceremonial head in whose name the
decisions of the government are carried out.
Executive Powers
“The executive function comprises both the determination of the policy as well as carrying it into execution, the initiation of legislation, the maintenance of order, the promotion of social and economic welfare, the direction of foreign policy, in fact, the carrying on or suppression of the general administration of the state.” This interpretation, given by D.O. Basu, implies .that the President has an important role to play both at home and in foreign affairs. He also makes several important appointments. To begin with, he invites the leader of the majority party in the Lok-Sabha to act as the Prime Minister and, on his advice, appoints all the other Union ministers. Defeat of the government on the floor of the lower House entitles the President to call the leader of the opposition to form the government. “In case a Prime Minister dies in office or resigns and no party is able to form the government for lack of majority support, the President, like the British Monarch, may exercise his personal judgement in choosing the successor to the outgoing Prime Minister.” Article 75(2) of the Constitution says that “The ministers shall hold office during the pleasure of the President.” In the same breath Article 75(3) states that “The Council of Ministers shall be collectively responsible to the House of the People. “Though there is nothing in the Constitution to restrain the President from exercising this power of removal, the term, “pleasure of the President” has to be read together with the words “confidence of the Lok Sabha.” The term “pleasure of the President,” in substance, means the “pleasure of the Prime Minister.” It is actually the prerogative of the P.M. Dismissal of individual ministers is possible only on the advice of the P.M. and that of the entire council or the will of the Lok Sabha.
This raises another question of great importance. Can the P.M. be .removed from office by the President as he is also a minister under Article 75(2)? The views of J. R. Siwach are pertinent in this regard. He gives certain grounds on which the President can withdraw his pleasure from the P.M. This makes it difficult to agree with B. C. Das who says that the P.M. cannot be removed by the President ?Siwach says that pleasure may be withdrawn when the President has reasonable grounds to believe that the P.M. has lost the confidence of the House and, on one pretext or the other, is not ready to face the House, when the P.M. tries to maintain his majority in the Lower House by practicing corruption, if he tries to subvert the Constitution and the ruling party becomes a minority party due to defections in its ranks. The President can ask the P.M. in these circumstances to face the House as demanded by the opposition within a reasonable time. If the P.M. is not able to muster a majority, he can be dismissed and the views of the other parties can be ascertained by the President on the appointment of a fresh P.M.
The President also appoints the Chief Justice and the other judges of the Supreme Court, all judges of High Courts, the Attorney General, the Comptroller and Auditor General, the Governors, the Chief Commissioners of Union Territories, the chairman and members of the Union Public Service Commission, the Election Commission, Finance Commission, Planning Commission and the Language Commission. He is also empowered to set up an Inter-State Council charged with the duty of investigating into and advising on disputes between states. He also bestows titles and awards. Besides, the President appoints the heads of the Army, Navy and Air Force and is chairman of the National Security Committee. All important decisions pertaining to war and peace are taken in this committee. However, it is the P.M.’s presence in this committee which is more important. It is the P.M. who makes all the crucial decisions which, eventually, are endorsed by the President. The President also appoints ambassadors and diplomatic representatives of India to foreign countries and missions and receives the credentials of foreign diplomats. He also has the right to negotiate treaties and conventions with other countries without the intervention of the Union Parliament, except in cases where the expectation of a treaty requires legislation of any kind.
The President has a right to obtain information from the Prime Minister. Article 78 of the Constitution states that it is the duty of the P.M. to communicate to the President all decisions of the council of ministers, relating to the administration of the affairs of the Union and proposals for legislation and to furnish information to the President as called for by the latter.
Article 72 also empowers the President to grant pardons. Pylee says that this power of the President is often characterized as a judicial power. A more reasonable view would be that “granting of pardon is a prerogative of the executive and, as such, an executive power.” This power is given to lessen the severity of the criminal law of the land. He can grant pardons reprieves and respites, suspend, remit or commute the sentence of any person who has violated a Union law and of all those persons who have been sentenced by a court martial. Pardons may be absolute, limited or conditioned. Reprieve is a temporary suspension of the punishment. Respite means awarding a lesser sentence than actually given. Remission means only reduction of the sentence, without changing its character. Commutation is a change from a heavier to a lighter penalty? However, there are a few limitations on these powers: (l) The President does not have the exclusive right of pardon in a death sentence - be shares this power with the Governors of the states. If a Governor has rejected the mercy petition, then, a final appeal can be made to the President. (2) He can use the prerogative of mercy when the offence has been proved by the court and a sentence has been given. (3)The right can be exercised only in cases of violation of any subject of the Union List. As regards the Continent List, this power can be exercised by the President after a specific authorization by the Parliament to that effect. The power cannot be used to enhance the sentence. It is intended to afford relief from undue harshness or evident mistake.”
Once again, it is emphasized that all these powers have to be exercised by the President on the advice of the P.M. and his ministers. Article 361(1) states: - “The President... shall not be answerable to any court for the exercise and performance of those powers and duties of his office or for any other act done or purporting to be done by him in the exercise and performance of those powers and duties.” This is so because acts done in the President’s name are in reality the actions of the council of ministers and therefore in respect of his official actions, legal remedy can be-obtained, not against the President but against the government?
Legislative Powers
The President can make two nominations of the Anglo-Indian Community to the Lok Sabha, if the community has failed to get adequate representation. Besides, he nominates 12 members to the Rajya Sabha from amongst persons who have made a valuable contribution in the field of science, arts or social service.
The President summons the sessions of the Parliament. He ensures that a period of more than six months should not elapse between two sessions. In case of an emergency, he can extend
the life of the Lok Sabha by one year. He is authorised to convene a joint session of both true chambers. Besides, if both the Houses disagree for a bill, and the President feels that the bill is not needed to be passed, he can refuse to call a joint session, thereby killing the bill. Joint sessions cannot, however, be convened for money bills.
After the general elections, the President addresses the inaugural session of the Lok Sabha as well as the budget session. He can address the Houses separately or jointly. Under Article 86, he can also send messages to either one or both the chambers. At the first glance, this appears to be a needless imitation of the American Constitution but, in effect, it is an important discretionary power. While sending messages, he may or may not consult the P.M. or his cabinet. Through such messages, he can draw the attention of the Parliament to any urgent issue or to an issue over which he disagrees with the P.M. and his cabinet.
The President is also given the right to pass ordinances by Article 123. These can be issued only when the President feels that some compelling circumstances require urgent action and the Parliament is not in session and, hence, unable to deal with such an agency. They have the same effect as an Act of the Parliament, but have to be ratified within six weeks of the assembling of the Parliament. These ordinances can be withdrawn any time by the President. Such ordinances can be issued only on subjects over whom the Parliament is competent to make laws.
There are certain categories of bills which require the prior consent of the President before their introduction. They are: (a) money bills; (b) bills to reorganize states; (c) bills affecting taxes in which the states are interested; and (d) bills affecting international trade.
Article 111 of the Constitution gives details regarding the President’s role in law making. It says that every bill needs the President’s assent to become a law. The Constitution also does not prescribe any time-limit within which the bill has to be returned. So, an unscrupulous President can cause havoc by
blocking the legislative process. As regards a money bill, he has to send the bill back to the house with his signature as early as possible. As far as a non-money bill is concerned, he can send it back to the House for reconsideration. But, if it is passed again by that chamber, he has to sign the bill. Hence, it is not an absolute but only a suspense veto. The President has absolute veto in relation to certain categories of bills passed by the state legislatures. They are the bills which influence the High Courts, compulsory acquisition of property, or the violation of a Union law. The President can summarily refuse to sign such a bill or send it back for reconsideration. Even after reconsideration by the state legislature, if he does not approve of the bill, he can out rightly refuse to sign it.
The powers regarding legislation appear for mid able, but, were given with the intention and hope that they would not be misused. The Indian Presidents have not belied the hopes of the Constitution- makers so far.
As regards amendment bills, the Constitution makes it imperative for the President to give his assent to such bills. When an amendment bill has been signed by both the Houses of the Parliament, it shall be represented to the President who shall give his assent to the bill and, the reopen, “the Constitution shall stand amended in accordance with the terms of the bill.” The President has- a role to play in connection with the Concurrent List also. If the President is adamant in limiting the scope of the Central legislation with respect to the matters mentioned in the Concurrent List, he can do so by giving an asset to the state legislation in spite of an existing parliamentary legislation on that subject.
The powers in the above matters are to be exercised by the President in accordance with the advice of the council of ministers. Not only is he bound by this advice, but all his actions taken in his official capacity, are also subject to judicial review. His actions or decisions can be struck down by a court, if they are unreasonable, arbitrary, malafi.de or violate the Constitution or public interest.
Here it may be mentioned that like other heads of state, the Indian President also enjoys protection from criminal proceedings against him in courts of law. This privilege is covered under Article 361 of the Constitution, which does not restrict the instrumentality of Article 61. Under Article 361, the President cannot be arrested and produced before any court. Besides, a warrant for his arrest cannot tie issued. No criminal proceedings can be instituted nor can a writ be filed against his actions. For instance, if he does not call the session of the Parliament, a writ
of mandamus (which commands a person to do his duty) cannot be issued against him. However, a civil suit can be filed against him, under Article 361(4), for an action that he has performed in his personal capacity before or after joining service. For this, a two months written notice has to be given to him explaining the charges and other related details.
The last important category of the presidential powers are his emergency powers.
Emergency Powers of the President
Although the emergency provisions are not in consonance with the democratic ideals scattered all over the Constitution, there was very little opposition to them in the Constituent Assembly. The members were, however, skeptical about their intensity and scope. Yet, there was a general agreement that the fragile Union needed a protective ring around it and, hence, the presence of these provisions was considered appropriate. With the aim of protecting the peace, security and unity of the country, the President can declare three types of emergencies. Viewed from the constitutional angle alone, these powers alone “are enough to turn the President into an unabashed autocrat, but, in practice, he exercises this power also with the consent of the P.M.
Emergency Due to War or Internal Disturbance (Article 352)   ’
This article states that if the President is satisfied that a grave emergency exists due to which the security of India or any part thereof is threatened, whether by war or internal disturbance, he may proclaim an emergency. Its duration, in the first instance, is two months. Within two months, it has to be ratified by the Parliament. If the Lok Sabha stands dissolved, the consent of the Rajya Sabha has to be sought within two months. If the Rajya Sabha does not pass it, the emergency becomes void. If it gets passed, then too, it should be approved by the newly constituted Lok Sabha within one month. After it has been passed by both the chambers, it will continue as long as the President desires. However, the period cannot exceed more than six months at a time.
In India, emergency under this article has been declared three times: In 1962 and 1971 due to external aggression, and in 1975 due to inter.ial disturbances. The first was the longest, because it continued up till 1968, covering the Chinese as well as the Pakistani aggressions and a period following even these.
This type of emergency has the following implications:

1.    The term “if the President is satisfied” could mean that he does not have to consult the cabinet but, in reality, the P.M. and his cabinet are behind this decision.

2.    It is not necessary that an external aggression must be actual; potential threat or anticipation of danger is enough.

3.    The life of the Lok Sabha can be extended by one year at a time by the president. The word “at a time” keeps the possibility of indefinite renewal open.

4.    The Parliament is empowered to frame laws on the subjects mentioned in the State List.

5.    The President can issue directives to the state executives.

6.    The President has the right to alter, vary or amend the distribution pattern of financial resources between the Centre and the States.

7.    The fundamental rights can be suspended.
Emergency due to failure of Constitutional Machinery in States (Article 356)
Under this article, the President can proclaim emergency if he is satisfied, on receipt of a report from the Governor or otherwise, that a situation, has arisen in which the government of a
state cannot be carried on in accordance with the provisions of the Constitution. The proclamation has to be approved by both the Rouses in the same manner as the first kind of emergency, but by a simple majority. The’ proclamation, in the first instance, is applicable for two months and, after ratification by the Parliament, for a period of six months, unless revoked earlier. It can be extended again and again for six months each time but should not exceed more than three years. Emergency under this heading can have the following applications and consequences:

1.    The word ‘otherwise could be interpreted that the consent of the Governor is not imperative.

2.    If he declares it ‘otherwise’, it means that the President has no trust in his own nominee.

3.    The Governor’s report, if sent, is a confidential document, and therefore is not open to public inspection.The fundamental rights guaranteed under Article 19 can be suspended.

4.    The President can dissolve the state legislature. He can also put the state legislature in a state of suspended animation. This is known as “quasi emergency and the state legislature can be revived again by a Presidential order.

5.    The state cabinet can be dissolved.

6.    The laws of the state and the budget will be passed by the Parliament. The President can delegate this power to any suitable authority, if the Parliament is unable to handle the additional workload.

7.    The Parliament can authorize the President to sanction expenditure from the Consolidated Fund of the state.

8.    The President cannot interfere with the jurisdiction of the state High Court.
Financial Emergency (Article 360)
According to Article 360 if the President is satisfied that a situation has arisen whereby the financial stability or credit of India or any part of it is threatened, he may proclaim a financial emergency. This emergency should also be approved by the Parliament, as in the case of the earlier two types. This is also applicable for two months in the first instance but, the Parliament, by simple majority, can increase this term.
Such an emergency can have the following effects:

1.    The President can issue directions to the state governments to observe such canons of financial propriety as may be specified in the directions.

2.    The President may order reduction of salaries and allowances of all or any class of persons serving In connection with the affairs of a state.

3.    A provision can be made requiring all money bills to be reserved for the consideration of the President after they are passed by the legislative assembly of the state.
Such an emergency has never been imposed on the nation for the reason probably that it would lower the morale of the public and the dignity of the country in the eyes of the world. But, S.S. Khera points cut an obvious advantage that such a type of emergency would have. He observes: “It might be asked perhaps whether a threat to use this power might have enabled the central executive to discipline states which have blithely indulged in taking large sums in unauthorized overdrafts from the Reserve Bank and other banks instead of... raising the requisite resources from within the state by greater production, economy and self-denial.
Amendments relating to the Emergency Powers of the President, The most important amendments in this regard are the 38th, 42nd, 44th and the 59th amendments. The 38th Amendment Bill which was passed in 1975, made it clear that the President could issue different proclamations of emergency on different grounds, whether, or not there was a proclamation already in existence and in operation. It also made the satisfaction of the President in the matter of issuing a proclamation of emergency final and conclusive and not challengeable on any ground. By the 42nd Amendment, the period of six months in relation, to Article 356 was raised to one year. These amendments were reflections of Mrs. Gandhi’s autocratic rule during the infamous emergency of 1975-77. Mrs. Gandhi had advised the President to issue a proclamation without consulting any of her cabinet colleagues. Therefore, when the Janata government came to power in 1’977, as a reaction to the drastic consequences of this emergency (1975-1977), it passed the 44th Amendment Act.
There was an opinion that the term “internal disturbance” of Article 352 had been used in an unscrupulous manner, both before and during the emergency, leading to political victimization of the states. To obviate the pernicious potential of this phrase, the words “armed rebellion” were substituted in place of Internal disturbance’ vide the 44th Amendment. The term “internal disturbance” is “a weak expression easy to be misread by a hypertensive, hypersensitive- executive. “It could be the actual breakdown of state machinery or an attempt by the ruling party at the centre to prevent the formation of government by opposition parties or to overthrow opposition governments. Therefore, the insertion of the words “armed rebellion” by this amendment was considered appropriate. Emergency can be declared not only when war or armed rebellion has actually ensued but also when there is an imminent danger of it. Giving the peace and security of the nation topmost priority, it provided that different prdelamations of emergency could be made on different grounds, even when a proclamation on another ground is subsisting. It may extend to the whole or part of the country. An important addition was that the “personal satisfaction” of the President alone would not be enough. He can issue a proclamation only if the unanimous decision of the cabinet in this regard has been communicated to him in writing. Lastly, the Presidential order cannot suspend the fundamental rights conferred by Articles 20 and 21. Article 21 gives an arrested person the right to move a court and Article 20 ensures that an individual cannot be deprived of his immunity from ex-post-facto penal law.
The 59th Amendment was; introduced in 1988 to deal with the uncontrolled escalation of terrorism in Punjab. It has a limited application in the sense that it deals only with Punjab. Under this article, if the President is satisfied that a grave emergency exists whereby the integrity of the nation is threatened by “internal disturbances” in the whole or any part of Punjab, he can issue a proclamation under Article 356. The mere satisfaction of the President is sufficient in this case. Accordingly, under the provisions, all fundamental rights, melding those under Article 21, can be suspended and the press can be “controlled.” Reports on Punjab could be censored, not just in the publications from that state, but from all over the country. Some observers felt that the police had been given power without adequate accountability. Even if the satisfaction’ of the President was considered unreasonable, no judicial authority could call this ‘satisfaction’ in question.
A Review of the Emergency Powers
To begin with, the term “satisfaction of the President” is a mere constitutional euphemism. In reality, it means the will of the P.M. and, if the will is false or bad, then the total
eclipse of all human rights would be nothing short of a catastrophe. The prospects of human life and liberties that would be frozen are too awesome to contemplate. The police could go on a rampage without fear of challenge in any court. The press is gagged and an iron curtain descends between the public and their government. At the same time, it presumes that a sober state is ineffective and that, unless it adopts a stand of “killer extremism”, it cannot deal effectively with problems.
Despite the utility of emergency provisions in a volatile society “a living link must exist between the justification for the limited suppression of human rights and the character of the chaos and the nature of the victims so affected. It may also be noted that, even during the Constituent Assembly debates, what troubled the members most was the possibility of suppression of human rights and liberties. K. T. Shah remarksthat, “it was a chapter of reaction and retrogression.” B. Das pointed out that these provisions would make the President “a new Frankenstein.” H. V. Kamath had observed: “We are laying the foundation of a totalitarian state, a police state.” And, H. N. Kunjru predicted that “we would have nothing but chaos as a result of this article.”
Looking back to our past experiences, it may be pertinent to note that these fears have, at times, been proved right and at other times, imaginary. Going back to the time when the Constitution was being, framed and when it was in its infancy, a strong Union was an urgent necessity. A well-known maxim is: “self-preservation is the law of any nation and there must necessarily exist the competence to meet exigencies which may arise.” War cannot be carried out under the principles of the Magna Carts or under the principle of individual freedom. Moreover, the President does not suspend fundamental rights on his own discretion. He cannot proceed without the advice of the P.M. and his ministers even in this respect. “To think of the President and the ministers combining in a conspiracy to flout the Constitution by maintaining a perpetual emergency... is a fear arising more out of a basic mistrust in the strength of democracy and its institutions than an understanding of the working of democratic governments.” Besides, since the ratification of emergency by the Parliament is necessary, a vigilant Parliament can prevent the abuse of this power. Yet, the question of abrogation of fundamental rights is a very sensitive one and therefore great care and restraint must be exercised in its exercise.
As regards the most controversial provision of Article 356, it may be stated without exaggeration that the intentions of the framers of the Constitution were not malafide when they
agreed that the Centre could take over the administration of any state. At times, it has helped the Centre in restoring stability in the states. Yet, it is more famous for its misuse than its use. More often than not, it has been used to topple those state governments which were making the Centre uncomfortable. D. D. Basu points out this danger when he says that the function exercised by the President under Article 356 is a ‘political one,” since he acts on the advice of the P.M. and his Council and is supported by those members of the Parliament who belong to or are in alliance with the party of that council of ministers. It can be used for political purposes against a state government which does not belong to the party in power at the Union. S. R. Maheshwari says that, in this regard, Article 356 acts “very much like the proverbial bolt from the blue... without giving them an opportunity or notice of correcting their alleged shortcomings.”^ Besides, the problems that arise after the exercise of this power are so severe that at times it leads to making the motives of the President suspect. For instance. President V. V. Ciri promulgated Presidents’ rule in Uttar Pradesh in 1970. Since he had signed the proclamation in the USSR, it certainly meant that his satisfaction had no, role to play in this declaration and it was done only on the advice of the P.M. and his Council. Madhu Limaye had circulated among the opposition a resolution proposing the impeachment of the President for this lapse’, but for want of the requisite majority, he gave it up. In such cases, when the President acts or is forced to act as a rubber-stamp, the attack should legitimately be against the council of ministers of the Central government. Can the President refuse to accede to the advice of his ministers which proposes to introduce emergency? “Probably he could have been validly impeached for refusing to sign the proclamation.” To prove his point, V. K. Vardachari gives the example of the acting President, B. D. Jatti. When he did not instantaneously sign the proclamation dissolving the Assemblies in nine ‘Congress-ruled states as advised by the Jana to Party in power at the Centre in 1978 and asked the P.M. to reconsider his decision, then too, the President’s
motives were suspect. This proves that the article can be misused and, either way, the President has to take the blame. Despite the disadvantages pointed out, the article has a few merits too. Law and order is on a firmer footing, there is greater efficiency, corruption is reduced and “in a calculated bid to brighten the image of the President’s rule, New Delhi makes a conscious effort to give more finds to the States.
Lastly, as regards Article 360, it has never been used and hence, only time can tell, what its actual consequences could be.
Self-Check Exercise-4:

1.    List the executive powers of the President of India.

2.    How do the legislative powers of the President influence the functioning of the Parliament?

4. 7 AID AND ADVICE
Much controversy has been generated in modem times regarding Article 74 relating to the ‘aid and advice’ of the P.M. to the President.
Is the Aid and Advice of the P.M. and his Ministers Binding on the President? (Article 74)
Article 74 of the Constitution says that “There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President.” The Forty-second and Forty-fourth Amendments have made a substantial change in the content of this article. The Constitution (42nd Amendment) Act, 1976, was essentially the handiwork of Mrs. Gandhi, who wanted greater autonomy in her decision making role. The words, “Who shall, in the exercise of his functions, act in accordance with such advice” were added to Article 74. The word “shall” made it imperative for the President to abide by the advice. The 44th Amendment Act, passed by the Janata Government in 1978, attempted to restore the dignity of the President. The attempt was a feeble one. Following this change. Article 74 together with the Forty-second Amendment Act makes the following provision:” Provided that the President may require the Council of Ministers to reconsider such ad vice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration,” Clause (2) of Article 74 reads thus: “The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
The words ‘aid and ad vice’ is by far the most controversial constitutional phraseology. It
was invented for the first time in the Constitution of, Canada in the British North American Act, 1867. The phrase ‘aid and ad vice’ is, a matter of urgent debate and jurists and constitutional experts differ on whether it is binding or not. But, let us first see what the word ‘aid’ means. The views of L.M. Singhvi appear to be pertinent in this regard. He says:
There is virtually no point in an aid being binding. Aid is just assistance, be it of a political, personal or intellectual nature and a thing which is characteristically assistance cannot be regarded as an admonition. At the same time, it is not so superfluous as to amount merely to an adulation.
Singhvi’s interpretation is that an aid or advice is hot an order and, therefore, is not mandatory in the simple sense. Yet, the wording of Article 74 makes it clear that the P.M. and his ministers alone are responsible to advise the President on all matters. Since the Constitution does not assign any other specific role to the P.M. and his ministers, andering aid and tendering advice becomes a very important task. Therefore, the advice is not superfluous and cannot be ignored. Explaining the point further, he says that aid is “a functional manifestation of advice”? Besides, “advice, as a term, is to be taken as general of aid and has to fulfill a purpose as done by aid: The advice must be of an assistance nature [rather] than an obstructing nature.
Why and When the Aid and Advice is not Binding ?
The aid and advice may not be binding because there is no provision in the Constitution which says that the President can be impeached for violating this advice. In fact, the Constitution does not give any grounds for impeachment. Besides, a look at the impeachment procedure is enough to tell us how difficult it. The advice is also not binding when it leads to an “absurdly? There may be exceptional circumstances when the aid and advice are not available. This could happen when the P.M. dies or resigns. Obviously, in such a contingency, in the selection and appointment of a new P.M., the President does not have the advice available and therefore, acts on his own discretion. In such a case, he may select another member of the House who, in his estimation, can command a majority and, even if the latter is unable to prove his majority on the floor of the House, the President may ask him to continue till pew general elections are held. Similarly, when a P.M. suggests dissolution of the House, the President can refuse to accept the advice, if an at tentative government can be formed or when there is a general feeling that fresh elections could be detrimental to the national economy.
Apart from this, the Constitution makes a provision that the President must consult certain other authorities in certain cases. For instance, he has to consult the Chief Justice of India in the matter of determination of the age of a High Court Judge under Article 217(3). In the matter of a disqualification of a member of Parliament, he must consult the Election Commission- under Article 103(2). The Forty-fourth Amendment Act in this regard says: “The President shall obtain the opinion of the Election Commission and shall act according to such opinion.” The point here is that, in such cases, he does not have to obtain the aid and advice of the P.M. and his ministers before exercising his powers under Article 217(3) or 103(2). However, these are exceptional cases and the President is legally and politically bound by the aid and advice.
Why is the President Bound by the Aid and Advice?
The 44th Amendment makes sure that the President abides by the aid and advice of the council of ministers, although, it does not mean immediate acceptance of the ministry’s first thought and instantaneous compliance with such advice. He can state his objections to any proposed action and ask the ministry to reconsider such advice in the first instance. However, if the ministry sticks by its decision, the President has to sign it in the second instance. ‘Several
articles of the Constitution also point to the reality that the advice is binding. For, instance. Article 78(a), demands that the P.M. communicate .all decisions of the council of ministers to the President. This implies that the P.M. and his Council are not merely advisory but decision making bodies. So, what advice they give has to be binding. All elements of presidential discretion have deliberately been avoided. A comparison between Article 74 and Article 63(1), dealing with the Governor, shows that the Governors explicitly have the right to act on their discretion. The Governor is bound by the advice of the Chief Minister and his council of ministers “except in-so-far as he is, by or under the Constitution, required to exercise his functions or any of them in his discretion.” The President, sadly, has no amass of discretionary author. Besides, as Siwach points out, if the President does not heed the advice, he can be impeached because, by not taking the advice, he would be violating Article 74 of the Constitution. Sometimes, the indirect election of the President is also quoted in support of the argument that he is bound to accept the advice of the council of ministers.Article 361(1) states that the President shall not be answerable to any court for the exercise and performance of the powers and duties of his office, “Since the President would never act on his own but always on the advice of the Council of Ministers, it follows that he can commit no wrong and hence the provision that he shall not be answerable to any court for the exercise and performance of the powers and duties of his office,” If the data, information and advice supplied to the President is wrong, it will not be the President but the P.M. and his ministers who will be responsible before the Parliament. Further, Clause (2) of Article 74 provides that the question as to what ad vice was tendered cannot be enquired into by courts. So, no legal relief can be obtained against the President if he refuses to abide by the advice because the courts are barred by the Constitution from compelling production of the advice. If, however, the government produces the papers showing what evidence was in fact, tendered by the Council to the President, where malafide is alleged, there is no bar to- the court looking into such papers. This would lead to a constitutional and political deadlock which is why the President, almost always, abides by the advice of the P.M.
These arguments mean that the advice is binding. At the same time, there are embarrassing questions to which the Constitution provides no answer. Since the President is always performing duties on someone else’s advice, can he be impeached for something he has not done individually? Does he always have to obey any unconstitutional advice? Does he have a
personal responsibility to the nation, if not a legal one?
Can he be allowed to go scotfreeven for deeds done in his official-capacity? Is he not upholding the Constitution by not yielding to unconstitutional advice? Does he, as a thinking human being, have a right to judge the propriety of the advice tendered to him? Why cannot he address the Parliament without the advice of the P.M. and his Council? These questions and many more remain unanswered. Yet, it should not give rise to a pessimistic approach regarding the incumbent of the highest post in the land. In all parliamentary governments, it is the practice that the titular head abides by the advice of the real executive and the Constitution-makers were quite aware of this phenomenon.
Self-Check Exercise-5:

1.    What is the significance of the President acting on the aid and advice of the Council of Ministers?

2.    Can the President act independently of the aid and advice of the Council of Ministers? Explain with examples.

4. 8 VICE-PRESIDENT
Article 63 of the Indian Constitution provides for a Vice-President of India. Qualifications for the posture laid down in Article 66(3). He should be a citizen of India, should have completed the age of 35 years and should be qualified for election as a member of Council of States. Article 66(4) states: “A person should not be eligible for election as Vice-President, if he holds any office of profit under the Government of India or the government of any state or under any local or other authority subject to the control of any of the said governments.” The tenure of the Vice-President is five years. Article 66(1) describes the method of his election. It states that “the Vice-President shall be elected by the members of an electoral college consisting of the members of both houses of Parliament... in accordance with the system of proportional representation by means of single transferable vote and the voting at such election shall be by secret ballot.” The original Clause (1) of Article 66 provides for the election of the Vice-President by the members of the Parliament in a “joint sitting.” By the 11th Amendment, the provision for a joint sitting is no longer a necessity and members can cast their votes individually. Both the elected and the nominated members participate in the elections. The members of the state legislative assemblies do not participate in
the elections. All doubts and disputes arising out of or in connection with the election of the VicePresident shall be inquired into and decided by the Supreme Court whose decision is final. Article 67(b) describes the method of removal of the Vice-President. A prior notice of fourteen days has to be served on him regarding the intention to move the resolution for his removal. He can be removed from his office by a resolution of the Rajya Sabha passed by a majority of all the existing members of the House and agreed to by the LokSabha. Whereas, in the appointment, both the Houses participate, during the removal, only the members of the Council of States participate. This is because the Vice-President is the ex-officio chairman of this House. The method of removal remains the same even if the Vice-President is acting as the President. An election to fill a vacancy in the office of the Vice-President occurring by reason of his death, resignation, removal or otherwise shall be held as soon as possible after the occurrence of the vacancy and the person elected to fill the vacancy will be entitled to hold office for the full term of five years from the date on which he enters upon his office. The Parliament enacted the “President (Discharge of Functions) Act, 1969” which provides that, in the event of occurrence of vacancy in the office of both the President and the Vice- President, the Chief Justice of India or, in his absence, the senior most judge of the Supreme Court available shall discharge the functions until a new President is elected.
The position of the Vice-President, though one of great dignity and prestige, was created chiefly with the intention of filling a political, vacuum caused by the removal, resignation, illness, death or inability of the President to discharge the duties of his office. The Constitution mentions only one specific function of the Vice-President in Article 64. It states that the Vice-President shall be the ex-officio Chairman of the Council of States. His chief function is to preside over the meetings of this House. The Vice-President can act as the President for a maximum period of six months. Article 62(2) provides: “An election to fill a vacancy in the office of the President, occurring by reason of his death, resignation or removal, or otherwise shall be held as soon as possible after and in no case not later than six months from the date of occurrence of the vacancy ” The time of six months is kept as the maximum limit because the Vice-President, due to
the method of his election, represents only the Union Parliament and not the states. Besides, the Constitution says that not more than six months should elapse between the two sessions of the Parliament and that of the state legislatures too. Hence, elections for a new President should
possibly be held within six months.
The role of the Vice-President is clearly that of a “political standby”. But, the question arises, as it had in America, whether only the powers and duties devolve on the Vice-President or the office also. In India, the office as well as the powers devolve on the Vice-President. At present, under Article 55(1), in case of a vacancy in the office of the President, the Vice-President shall act as the President until the date on which a new President is elected. Clause (2) of the same Article states that, in case the President is unable to discharge his functions, the Vice-President shall discharge his functions. This means that the authority, powers and role of the President are taken over by the Vice- President. This is further substantiated by Article 71(2) which reads; “If the election of a person as President and Vice-President is declared void by the Supreme Court, acts done by him in the exercise and performance of the powers and duties of the office of President or VicePresident, as the case may be, on or before the date of decision of the Supreme Court, shall not be invalidated by reason of that declaration.” This can safely be taken to mean that;- even if the election of the Vice-President acting as the President is invalidated, acts done by him in the capacity of the President will not be declared void. The office also devolves on the Vice-President, as Article 65(3) says that, while acting as the President, he will have all the immunities of the President. The Second Schedule to the Constitution also provides that, while discharging the duties of the President, the Vice- President will draw the same emoluments, allowances and privileges as the President. However, while he acts as the President, he will not draw the salary of the Chairman of the Council of States.
It seems clear that the Constitution intended to permit the Vice-President to act as President temporarily in certain cases when the office of the President fell vacant, the actual President resuming his post when the emergency was terminated or a new one elected. It is political expediency alone on which this office is based. The absence of such a provision in the constitution of the USA created serious
problems when President Eisenhower had three serious illnesses in two years. He had to enter into an agreement in 1958 with Vice-President Nixon to serve as the acting President until his inability had ended. President Kennedy entered into a similar agreement with Vice-President Johnson in 1961. Later on a list of 11 successors was provided to the American Presidency.
Self-Check Exercise-6:

1 . What are the roles and responsibilities of the Vice President of India?

2 . How is the Vice President of India elected?

4 .9 Summary
The post and position of the President raises questions of grave importance. What exactly is he supposed to do? Law gives him immense powers but conventions force him to function as a nominal head. Should he exercise these rights? Can he have a mind of his own? Or should be content merely at being the first citizen? These questions do not have positive or negative responses even in the Constitution. However, a harmonious correlation between the related Articles of the Constitution has led to a successful working of parliamentary democracy in India. To call the President a rubber stamp would be a mistake, because that would mean that he is totally under the influence of the ruling clique. What is therefore expected of him is that he stands above or at least apart from partisan politics. He can certainly have a “mind of his own free of all political trammels and without any urge or ambition to take an active’ hand in governmental decision making... or towards .changing the provisions of the existing Constitution relating to his position and powers.
As regards the Vice-President, even though the post is one of great authority and prestige, the Vice-President, at best, remains his “superfluous highness” remembered only in case of vacancy in, the President’s office.

4 .10         Glossary

(c)    Art52ofIndianConstitution:ThereshallbeaPresidentofIndia.

(d)    Art53ofIndianConstitution:AlltheexecutivepowersarevestedwithPresidentofIndia.

(e)    Art55ofIndianConstitution:TheElectionofPresident.

(f)    Art56and61ofIndianConstitution:TheImpeachmentProceduresofthePresident.


4.11    Answer to Self-Check Exercise
Answer Self-check Exercise
Self-check Exercise-1
Refer to section
4.3
Self-check Exercise-2
Refer to section
4.4
Self-check Exercise-3
Refer to section
4.5
Self-check Exercise-4
Refer to section
4.6
Self-check Exercise-5
Refer to section
4.7
Self-check Exercise-6
Refer to section
4.8

4.12    References/SuggestedReadings

(3)    S.R.Maheshwari,“TheIndianAdministration.”

(4)    K.K.Puri,“IndianAdministration.”

4.13    TerminalQuestions

4.0.1 DiscusstheProcedureofElectionofthePresidentofIndia.
4.0.2 WhatarethePowersandFunctionsofthePresidentofIndiaUnion?
Unit-5
CENTRAL SECRETARIAT AND CABITNET SECRETARIAT
Structure

5.1    Introduction

5.2    Learning Objectives

5.3    Central Secretariat
Self- Check Exercise 1

5.4    Cabinet Secretariat
Self- Check Exercise 2

5.5    Main Secretariat
Self- Check Exercise 3

5.6    Role of Cabinet Secretariat
Self- Check Exercise 4

5.7 ARC Suggestion1966
Self- Check Exercise 5

5.8    Summary

5.9    Glossary

5.10    Answer to Self Check Exercisess

5.11    References/Suggested Readings

5.12    Terminal Questions

5.1    Introduction
Indian system of government and administration is largely a legacy of British colonial rule. Our
constitution has borrowed abundantly from the various constitutions of the world, particularly. It has modeled itself on the lines on British Constitution. Indian constitution established neither a purely federal polity nor exactly a unitary system.
However, the opening article of the Indian constitution says that (1) India, that is Bharat shall be union of states (2) the states and the territories thereof shall be as specified in the first schedule (3) the territories of India shall comprise the territories of the States, the union territories as specified in the first schedule and such other territories as may be acquired article 2 rays that parliament may be law admit into the union, or establish new states on such terms and conditions as it thinks fit. Thus India is a Union of States with some central administered territories and having flexibility in regard to changes in the political map or the territories.Asroggada the system of governments, Indians constitution has adopted the west minister model of government with separate constitutional and real heads. The executive power of the union government is vested in the President and his council of ministers, headed by a Prime Minister. Although in theory, the President does not possess vast legislative, emergency, by executive and judicial powers, in practice he is a mere figure head and the power in reality is by exercised the Prime Minister and his cabinet, For all their administrative and legislative actions, they in turn are responsible to the Parliament. The council of ministers is a body for referred to include all the ministers i.e. cabinet ministers, ministers of state and Deputy Ministers. It is the cabinet which actually meets supervises the whole of the administrative machinery. Each cabinet minister is not only the coordinator of all executive policies and actions, but is also the leader of the cabinet; and in reality a leader of the nation. The number of ministers changes from time to time and generally around twenty. The work of various ministers is coordinated by the cabinet secretariat headed by a cabinet secretary., Some coordinating work is also one by the Prime Minister’s Secretariat, These two offices serve as die staff agencies of the entire administration. At the apex of the hierarchy of administrative organisation there is central secretariat which occupies a key position regarding the policy making, programming and their implementation. Apart from this we have certain independent bodies which are not directly controlled by the ministries. The most important of these are : The Planning Commission, the Union Public Service Commission, the Election Commission the Finance Commission, the office of Comptroller and Auditor General of India. Besides these agencies, there has been a growth of a large number of public enterprises-Departmental Undertakings. Public Corporation and Government and joint Stock Companies. As
regards personnel management, there is a provision of three kinds of services in the constitution: the All- India Services, the Central Services and the state services.
The Central legislature of Parliament consists of the President and two Houses-the Raiya Sabha (Council of States and the Lok Sabha (House of the people): The Lok Sabha consists of the people collected representatives, whereas the Rajya Sabha consists of members-mostly elected by the state legislative and a few nominated members by the President. The President summons each House from time to time to meet. The parliament has been conferred powers by the constitution to make laws. However, these laws are subject to judicial review i.e. the High Courts and the Supreme Court have the power to declare an art of parliament un-constitutional and void on the ground that it violates the provisions of the constitution.
Broadly speaking the pattern of the government in states is the same as that for the union, namely the parliamentary system. The executive head being a constitutional ruler who is to act according to the advice of the ministers is responsible to the popular house of the state legislature. As the head of the executive power of the state the Governor just as the President stands as the head of the executive power of the union. The Governor of a state is not elected but is appointed by the President. Actually it is the Prime Minister who, recommends a person to be appointment as Governor. The Governor is bound to act on the advice of his council of ministers. The council of ministers in the state is organized on the same pattern and practically in the same manner as is done at the centre. Leader of the majority party in the state legislature is invited by the governor to be appointed as Chief Minister. There is a cabinet as the head of the state executive, the functions and powers of which are similar to that of union Cabinet. Each, minister (including the chief minister) is in charge of a department. Each of the Departments is controlled by a permanent official called the Secretary.State administration is further sub-divided into Districts, which is the smallest unit of administration in the county. The district chief is known as a commissioner Deputy Commissioner or Collector depending upon the status of the district and pattern in a particular state. Every district has some field offices of the central or state government.
At the local level we have a system of local self government or democratic decentralization. There are two separate sets of local government in urban and rural areas. In urban areas, depending upon the size, population and level of development there may be Municipal Corporation, municipal committee, notified area committee or town area, committee. In the areas occurred by the Defence Ministry or military there are cantonment boards as the local government. Most important of all
these are the first two. All thes6 urban lack bodies function independently and have no organic link with each other. In the rural areas we have a system of panchyati raj-started in the sixties on the recommendations of Balwant Raj Mehta Committee. The committee recommended a three tire structure i.e. gram panchayat at the village level, Panchayat Samiti at the block level (comprising of about 80-1000 villages with a population of around one lack) and zilla parishad at the district level. However variations in pattern exist in different states in terms of nomenclature, organizational structure, constitutional frame work, system of elections, provisions of finances, delegation of powers and so on. But in most of cases there is a support for effective decentralization of powers, in fact the most important difference among various models of Panchayati Raj is regarding the assignment of the pivotal powers to one tier out of zila parishad and panchayat samiti. Most of the local bodies both rural and urban, have deed members as well a permanent official and look after some of the local services-civic as well as developmental. Although the institutions of local government have presented a lot of problems in respect of coordination of work multiplicity of authority and the like, but in general they have found to be very useful in the political and administration set up of both developed and developing countries. It is an admitted fact system of local government is essential not only to educated people and to train them in the set of self-government but also to check the centralizing tendencies.

5.2    Learning Objectives:
After learning this lesson the student will be able to know:
* Structure of Administration at the central level
* About central Secretariat
* Cabinet Secretariat
* Role and function of central secretariat
* ARC on central secretariat

5.3    Central Secretariat:
The Secretariat consists of the council of ministers, the Secretaries and the staff. It functions as the nerve centre of government. It is here that all policies and programme get formulated and executive orders originate.
It also provided over all supervision, guidance and leadership. It sets the pattern of efficiency for every branch of administration. The efficiency of the central administration as a whole depends largely on its working.
Functions of Secretariat:
The Secretariat plays a key role in assisting and advising the Council of ministers in the shaping or government policies and programmes. It has to collect necessary materials for the formulation of government policies analyses and’ present them to the council of ministers setting out the merits and demerits of the different aspects problems so as to enable the council for ministers to take appropriate decisions. The secretariat provides guidelines to the executive agencies for the speedy and efficient implementation of government programmes and assists them in all possible manners, include removal of difficulties. The secretariat also keeps a watch over the implementation and presents a correct appraisal of progress made in it to government from time to time. At the state level the state secretariat has been set in each state.Assisting the minister in policy making and in modifying policies from time to time, as and when necessary.

1.    Framing legislation and rules and regulations.

2.    Sectoral planning and programme formulation.

3.   (a) Budgetise and control of expenditure in respect of activities of the ministry and

(b) According of securing administrative and financial approval to operational programmes and pine and their subsequent modifications of policies and programmes by the executive departments of semiautomous field agencies and evaluation of the results.

4.    Coordination and interpretation of policies assisting other branches of government and maintaining contact with state governments.

5.    Initiating measures to develop greater personnel and organizational competence both in the ministry and its executive agencies.

6.    Assisting the minister in the discharge of his parliamentary responsibilities.
The Administrative Reforms considered the secretariat to be an essential ingredient in our system of government. “The secretariat system of work has lent balance, consistency and continuity to the administrator, and served as a nucleus for the total machinery of a ministry. It
has facilitated inter ministry coordination and accountability to parliament at the ministerial level. As an institutionalized system it is indispensable for the proper functioning of government.” Notwithstanding its indispensability, the secretariat is an overgrown, ponderous and showmoving organisation. “The secretariat at the centre is thus today encumbered with non-essential work and has for a large part become an unwieldy and overstaffed organisation. This leads to occasional blurring of responsibilities, and choking of the administrative machinery, which thus finds excuse for dilatoriness and delay. Further, the overgrowth of personnel had resulted in deterioration in quality. Thus has inevitably meant increased burden for officers at the higher levels.”
This has happened because it has also taken up work which falls within the states jurisdiction under our constitutional or which legitimately belongs to the domain of its attached offices. “It is necessary in the interest of economic development itself to rearrange the centrestate relationship in a manner that will enable the centre to manage more efficiently the tasks which clearly fall within its jurisdiction and encourage the states to take over from its progressively the responsibilities in areas which undoubtedly belong to them. “The central ministries have the following legitimate relation to the subject failing within the sphere of the states :

1.    Providing initiative ad leadership to the states, and in particular serving as a clearing house of information intimating details and data about good programmes and methods adopted in our part of the country to the rest of the country.

2.    Undertaking the responsibility for drawing up the national plan for the development sector in question in close collaboration with the states, and developing for this purpose well, manned planning and statistical units.

3.    Undertaking research at a national level confirming attention to matters which are beyond the research resources of states.

4.    Undertaking training programmes, of foundational nature e.g. training of planners and administrators and training of trainers.

5.    Taking the initiative in evaluation of programmes with the object of checking progress, locating bottlenecks, taking remedial measures, making adjustment etc.

6.    Providing a forum and meeting ground for state representatives for the exchange of ideas on different subjects and for the evaluation of guidelines.

7.    Attending to functions of the nature of coordination which can only be handled at the centre.

8.    Maintaining relations with foreign and international organisations.
At present while the secretariat bears the responsibility for formulating, policies, their execution as a norm, rests with separate organisation called attached and subordinate offices. The arrangement reflects a commitment to policy administration dichotomy.
The present style of decision-making in the secretariat seeks indiscriminate participation of too many level in the hierarchy ands what is more, the business methods in vogue leave initiative in the hands of the clerical personnel. These two features conspire to reader the secretariat as a bewilderingly slow-moving machine. “There are, at present, as many as six levels of proceeding and decision-making namely, the dealing hand, section officer, under secretary, ‘deputy secretary, join secretary/secretary and minister. Broadly speaking, at least four of five levels are generally involved in the disposal of any substantive case. A serious defect which has developed in the system during the inst four decade is concerns the rise in the level of financial decision making. There has been a marked tendency to send up cases for decision to higher levels even through these can be decided at a lower one. As a result, the senior officers have often too heavy a burden to bear in the area of decision making. It is being felt that the present system under which each paper has to travel down to dealing assistant and then level back through a number of levels till the final decision in taken is highly unsatisfactory. It leads to excessive nothing, causes delay and diffuses responsibility. Above all, it undermines initiative and sense of responsibility at senior levels. Every paper has to be first noted upon by the officers. “This excessive dependence on the office promotes a file- during approach. As result many of the senior officers do not received it as their role to initiate action or reflect upon the complex problems on their own.” The commission was etuphatic in its view that as a rule, there should be
only two levels of consideration and decision below the minister. At the lower level of consideration a case may be handled by an undersecretary or a deputy secretary and at the higher level by the joint or additional secretary or the secretary.
Self-Check Exercise 1:

1.    Describe the structure and functions of the Central Secretariat in India.

2.    How does the Central Secretariat support the functioning of the government?

5.4 Cabinet Secretariat
The union cabinet, being the chief political and executive body in India, formulates all major national policies makes all major -appointments, coordinates the various activities of government and bodies various other tasks, of executive. To handle the burdensome and muluferious tasks the cabinet requires adequate staff and secretarial assistance. The cabinet secretariat falls this role. It serves ministers collectively in the conduct of cabinet business. Cabinet Secretariat in India has played an important role to bring about efficiency and coordination in the working at the cabinet. Such an office is therefore indispensable for the chief executive. In English there is cabinet office for this purpose which comprises the cabinet secretariat, in central statistical office, the historical section and the central policy review staff. The cabinet office is headed by the cabinet secretary and work under the overall direction of the Prime Minister. In addition there is the Prime Minister a own staff to assist him. In India, there is also a separate office of the Prime Minister known as Prime Minister’ Secretariat.The cabinet secretariat has an important coordinating role in the process of decision making at the highest level and operates under the direction of the Prime Minister. It submits the cases to the cabinet and its committees prepare the records of decision taken and follow up action on their implementation.
The political leadership of the cabinet secretariat rests with the Prime Minister, and the administrative head of the secretariat is the cabinet secretary, who is a very senior civil servant and plays the role as the pivot of the cabinet system. The cabinet secretariat is organised into departments, wings and units. There is a permanent department i.e. Department of Cabinet Affairs. Besides this department from time to time a few other departments have also been working under the cabinet secretariat, these are Department of Statistics and Department of
Personnel and Administrative Reforms.
As on 1.1.1987, the following was the overall setup of the cabinet secretariat:

6    Main Secretariat

7    Advisory Board of Energy

8    Office of Scientific Advisor to Prime Minister

9    Advisor to Prime Minister on heritage on Cultural Resources.

10    Implementation Committee for celebration of the centenary of Shri Jawahar Lai Nehru.

11    Commission on Economic Efficiency, Productivity and Exports.
Self-Check Exercise 2:

1.    What is the role of the Cabinet Secretariat in India?

2.    How does the Cabinet Secretariat facilitate coordination among government departments?

5.5    The Mains Secretariat
The main secretariate is headed by the cabinet secretary, below him there are three secretaries including one secretary (coordination). One Additional Secretary; Joint Secretaries and one Secretary and Ex-office Joint Secretary and six deputy secretaries.
The main secretariat also accommodates the officer of the Security Advisor to Prime Minister and the office of Scientific Commission which is headed by a chairman.
The work of the main secretariat is divided into different wings. The civil wing responsible for secretariat work connected with the meetings of the cabinet and its committees standing as well as adhoc committees and also the committees of secretaries which meet periodically under the chairmanship of the cabinet secretary to consider and advice on problems requiring inter-ministerial consolation and co-ordination. The civil wing in also concerned with the formulation of the Rules of Business of the union government and the allocation of the business of the government to the ministers and departments under the direction of the Prime Minister and with the approval of the President. The civil wing? divided into four sections, namely-(i) coordination section (ii) cabinet section (iii)’ general’ section (iv) administrative section.’ The military wing is responsible for all, secretariat work connected with the meetings of
the Defence Committee National Defence Council Military Affairs Committee and other committees concerned with defence matters. The economic wing is responsible for the secretarial matters contented with the joint Intelligence committee of the cabinet.
Self-Check Exercise 3:

1.    Discuss the significance of the Main Secretariat in the administrative setup of India.

2.    How does the Main Secretariat interact with other governmental bodies?

5.6    Role of Cabinet Secretariat
The cabinet secretariat plays an important role in securing the coordination among different ministers and in the working of the cabinet, It provides full secretarial assistance to the cabinet and its committee and keep the records- concerning their meetings. The main area of activities of the cabinet secretariat becomes clear from the list of subjects with which the cabinet has to deal.Cases involving legislation including the issue of ordinances.

(a)    Cases concerning negotiations with foreign countries on treaties and governments.

(b)    Addresses and messages of the President to Parliament.

(e)    Proposal to summon or prorogue Parliament.

(e)    Appointment of Public enquiry committees and consideration of reports of such committees.

(f)    Cases of disagreement between ministries of issues which an individual minister may like to discuss in cabinet meetings.

(g)    Recognition of any previous decision taken by the cabinet; and

(h)    Appointment of delegations of withdrawal of prosecution instituted by the government.
The cabinet Secretariat helps the cabinet in all ways to perform these activities. However, there are many other functions which are not obvious but which a cabinet secretariat has to perform during varied situations. The role of the cabinet secretariat towards the success of a cabinet is quite significant, which can be discussed under the following headings.

(i)    As The Secretariat of the Cabinet: The obvious role of the cabinet secretariat in the first instance is provide full secretariat assistance to cabinet and its committees. A number of
files and papers are to be presented, to the cabinet or its committees during their meeting and there are a number of ether paper which are circulated to the president, the Vice President the member of the cabinet/cabinet committees council of ministers for information. A list of such papers is given in the fourth schedule to the Transaction of Business Rules, 1961, The papers which are at present circulated by the cabinet secretariat are an economic review, fortnightly political reports from state governments and centrally administered territorial administrations, monthly summaries from the ministries/departments giving a brief account of their activities and decision, monthly notes from missions abroad, quarterly reports on the economic situation reports on prices of food articles, review of the five year plans reports on agricultural production, reports of the union public service commission, reports on administrative reforms reports of the union public service commission reports on the working of industrial and commercial undertaking of the central government brief notes on important matters from ministries, trade agreements/arrangements in pursuance of the general directions/decisions of the cabinet, white papers on various topics, and any other paper which the Prime Minister may wish to circulate to the ministers.

(ii ) As an Originating Office: Whenever a new government is formed it becomes a smooth affair to complete all the formalities only due to the handling by the cabinet secretariat. The first item of work relates to the appointment of ministers, minister of state, deputy ministers and parliamentary secretaries and the allotment of portfolios to the ministers. Once the recommendation of the Prime Minister on the appointment of a minister is accepted by the president matters like the swearing in ceremony assumption of office, and so on is banned by it. Likewise work relating to resignation relinquishment of charge iii portfolios, and so on, of ministers falls in the charge of cabinet secretariat.
There are certain rules of business which the President makes under article 77 (3) and allocates the business among the ministries. Work relating to the drafting of such rules is handled in the cabinet office. In accordance with rule 4 of such rules, the President on the advice of the Prime Munster allots minis tries/ departments to the charge of ministers from time to time Ministries are merged or reorganized and the subjects dealt with by them are realloted or readjusted or transferred from one ministry to another according to administrative goods from time to time. This is more or less continuing process and the proposals which arise or are received in this connection are processed by the cabinet secretariat.
The third original item of work relates to certain aspects of coordination and expenditure in the implementation of the policies of government in this matter the cabinet secretariat does not supersede other ministries nor does of relieve them of their responsibilities. It is the duty of the cabinet secretarial.

(a)    to assist in resolving difficulties or delays which may arise in any field of activity between the ministers and departments;

(b)    to watch the progress of important administrative measures of the government of India which affect more than one ministry;

(c)    to assist in.co-coordinating the major administrative activities and policies of, the government of India; and

(d)    to watch the implementation of decisions in which the cabinet as a whole or prime minister is interested.
In a performing the duties mentioned above the cabinet secretariat issue circulars and for the guidance of ministers. It also conveys the directives of the cabinet of the prime minister on administrative and allied matters, to various functionaries and agencies.
(vi) Rote in Coordination ; A highly significant role is played by the cabinet secretariat by achieving inter-departmental coordination which is basic requirement towards the success of any administrative system and which becomes more important when it is closely linked with the task of policy formulation and implementation, Over the years, various types of mechanism have been evolved for the purpose of having quick and efficient inter- departmental consultations and of securing coordination of activities of different ministers and departmental consolations and of securing coordination of
activities of different ministers and departments. In 1945, a coordination committees of the executive council of the viceroy was established to perform the following duties:

(a)    To assist in coordinating the major administrative and policies of government.

(b)    To assist in resolving difficulties on, delays which arise in the administrative field whether between ministries of the government of India and provincial governments.

(c)    To watch the progress of important administrative measures of the government of India which affected more than one ministry.

(d)    To submit to the coordination committee of the council such matters at required its decision instructions.The ministries or administrative agencies of the government were never superseded by the coordination committee’s secretary or the secretariat not they were relieved of their duties by the later. The secretary served all ministers and was at the disposal of ministers for consolation on any matter in which his assistance has required.
The work of coordination previously done by the coordination committee’s is now undertaken by the cabinet and its committees. At the official level a number of standing committees of secretaries with the cabinet secretary as chairman have been set up. Specific functions have been assigned to these committees. Some of them viz. the committee of Economic Secretaries, the secretaries Committee on Foreign Affairs and the Scientific Advisory Committee to the cabinet assist and advise the cabinet/on matters which fan within the scope of their functions. In case where there is a difference of opinion among various ministries, the cabinet secretary assists in resolving such differences and in arriving at agreed in resolving such differences and in arriving at agreed or acceptable decisions. As head of the cabinet secretariat he is estimated with the positive functions of securing coordination as well as timely and effective action by all ministries/department of the government of India in all matters in which the cabinet as whole or the prime minister is interested. For this purpose apart from the meetings of regular committees of secretaries he convenes meetings of secretaries and senior officials, whenever necessary. Rule 4 of the transaction of business rules lays down that when the subject of a case concerns more than one departments, no order shall be issued until a such departments have concurred, or falling such concurrence, a decision thereon has been taken by a under the authority of the cabinet In accordance with thus rue, for consideration of complicated questions concerning more than one department, inter departmental consolations are held or meetings of
the representatives of ministries are convened. This results in faster disposal of disputed matters and eliminates elaborates Correspondence.

(iv)    Role in Implementation: The cabinet decisions are communicated to all the concerned ministries or other agencies by the cabinet secretariat which also keeps a watch on the progress of the implementation of the same. In accordance with the instructions issued by the cabinet secretarial, a monthly statement showing the progress on the cases relating to each ministry is sent to the cabinet secretariat. These statements are scrutinized in the context of the decision taken. It in any case it is noticed that the ministries are not making substantial progress in the implementation of the decision, the matter is taken up with them at a higher level with to expediting implementation of action. Records of such cases are kept by the cabinet secretariat.

(v)    Role as a Staff Agency :The role played by the cabinet secretariat is truly of a staff agency. It is a walking stick for the cabinet, as a staff agency. It ensures that the cabinet, which is the chief executive in India, is adequately and correctly informed. It assists and even advises the cabinet in for seeing problems and planning future programmes. For this purpose there are experienced administrators, experts and advisers working in the cabinet secretariat. Besides this, the cabinet secretariat ensures that matters for cabinet’s decisions reacts to it promptly so that no decisions are taken in haste and without proper information or judgment. At the same time, the previous time of the cabinet is saved. In conformity’ to L.D. White’s list of the functions of a staff agency, complaisance by the departments with established policy and executive direction.
Self-Check Exercise 4:

1.    Identify and explain three key roles performed by the Cabinet Secretariat.

2.    How does the Cabinet Secretariat contribute to decision-making at the highest levels of government?

5.7 Suggestions of ARC (1966)
The Administrative Reforms Commission (1966) suggested re-organistion of the cabinet secretariat so as to have cells specializing in broad areas of government functioning. The main functions of such cells of the cabinet secretariat would be:

(a)    To keep the Prime Minister posted with happenings in ministers;

(b)    To receive memorandum of major decisions from ministers and put them up to the Prime Minister;

(c)   To serve cabinet committees, if any relating to the group of ministers assigned to them.

(d)    To act as the aids of the Prime minister, the cabinet and the cabinet committees in giving shape to new policies in supra-ministry fields, and.

(e)    To keep in touch with follow up of the Prime Minister’s suggestions or the decisions of the Cabinet and its committees.
It was also suggested by the ARC that the cabinet secretary should act as the principal staff advisor of the Prime Minister, the cabinet and the cabinet committees on important policy matters.
Self-Check Exercise 5:

1.    What were the main recommendations of the Administrative Reforms Commission (ARC) in 1966?

2.    How have these recommendations influenced administrative practices in India?

5.8    Summary
As has been noted earlier, the cabinet secretariat is performing the functions as suggested by the ARC. In fact the role of the cabinet secretariat (as well as that of PM’s Secretariat) depends a great deal on the personal style of the Prime Minister and the political strength of the party in power and the balance of force in party system. On the other hand, the administrative out-put or the efficiency of the cabinet secretariat depends” much on the leadership of the cabinet secretary.

5.9    Glossary

(a)    Central Secretariat: It consists of council of minister, the secretaries, and the staff. This is the agency where all the policies and programme are being formulated.

(b)    Cabinet Secretariat: This has a important coordinating role in the process of decision making at higher level is concerned.

5.10    Answer to self checkexercises
Answer Self-check Exercise
Self-check Exercise-1
Refer to section

5.3
Self-check Exercise-2
Refer to section

5.4
Self-check Exercise-3
Refer to section

5.5
Self-check Exercise-4
Refer to section

5.6
Self-check Exercise-5
Refer to section

5.7

5.11    References/Suggested Readings

1.    S.R. Maheshwari, “Indian Administration”.

2.    K.K. Puri, “Indian Administration”.

5.12    Terminal Question

1.    Discuss the role of cabinet secretariat what are its functions.

2.    What are the ARC recommendation relating to cabinet and central secretariat in India.
Unit-6Council of Ministers
Structure

6.1    Introduction

6.2    Learning Objectives

6.3    Council of Ministers
Self-Check Exercise 1

6.4    Summary

6.5    Glossary

6.6    Answer to

6.7    Self Check Exercises

6.8    References/Suggested Readings

6.9    Terminal Questions

6.1    Introduction
The Council of Ministers in India is the executive authority responsible for administering the government and implementing policies. It operates under the leadership of the Prime Minister and comprises Cabinet Ministers, Ministers of State (Independent Charge), and Ministers of State. This body plays a pivotal role in policy formulation, administration, legislation, and budget preparation, ensuring the smooth functioning of government operations. Appointed by the President of India based on the Prime Minister's recommendations, the Council remains in power as long as it retains the confidence of the Lok Sabha, the lower house of Parliament. The principle of collective responsibility governs its functioning, making all ministers accountable for the decisions made by the Cabinet.
The Council of Ministers' influence extends to every aspect of governance. It is instrumental in shaping national policies that affect various sectors such as defense, finance, foreign affairs, health, and education. Cabinet Ministers, who handle the most critical portfolios, play a central role in these processes, while Ministers of State (Independent Charge) manage specific departments autonomously. Ministers of State assist in the execution of policies within their assigned ministries, working under the direction of Cabinet Ministers. This hierarchical structure ensures that decisions are implemented efficiently across different levels of government.
Moreover, the Council of Ministers is central to the legislative process. It drafts and introduces bills in Parliament, engages in debates, and works to secure the passage of laws that reflect the government's agenda. In terms of fiscal responsibility, the Council is tasked with preparing the national budget, allocating resources, and overseeing public expenditure. This involves meticulous planning and coordination to balance developmental needs with financial sustainability.
The tenure of the Council of Ministers is contingent on the Lok Sabha's support, reflecting the democratic principle that the executive must have the legislature's backing. This interdependence ensures that the government remains responsive to the elected representatives of the people. The doctrine of collective responsibility further reinforces this accountability, as it mandates that all ministers publicly support Cabinet decisions. Any dissent must be addressed internally, preserving the unity and coherence of the government's executive branch. Through these mechanisms, the Council of Ministers upholds the integrity and effectiveness of India's democratic governance system.

6.2 Learning Objectives
After learning through this lesson the students will be able to understand

•    Prime Minister and Council of Ministers

•    Significance and Role of Council of Ministers

6.3 THE COUNCIL OF MINISTERS
The Indian Constitution establishes a Parliamentary System of Government modeled after the British framework, where the Prime Minister-led Council of Ministers serves as the true executive authority.
Composition:
The Council of Ministers is composed of three categories: Cabinet Ministers, Ministers of State, and Deputy Ministers. Their distinction is based on hierarchy, remuneration, and political significance. At the helm of this structure is the Prime Minister, who holds the highest governing position in the country.
Cabinet Ministers: These individuals oversee crucial ministries of the Central Government, such as Home Affairs, Defence, Finance, and External Affairs. As members of the Cabinet, they actively participate in its meetings and contribute significantly to policy-making decisions. Consequently, their jurisdiction extends across the entire Central Government.
Ministers of State: They may either be entrusted with independent charge of ministries or departments or work in association with Cabinet Ministers. When working under Cabinet Ministers, they may be assigned responsibility for particular departments within the ministry or specific tasks related to it. Essentially, they function under the supervision and overall authority of the Cabinet Ministers. In cases where they hold independent charge, they discharge duties and wield authority over their respective ministries in the same manner as Cabinet Ministers. However, unlike Cabinet Ministers, they are not permanent members of the Cabinet and only attend its meetings when summoned to discuss matters relevant to their ministries.
Deputy Ministers: They do not have independent charge of any ministry or department. Instead, they assist Cabinet Ministers or Ministers of State in managing administrative, political, and parliamentary responsibilities. Since they are not Cabinet members, they do not participate in Cabinet meetings.
The Council of Ministers can also include a Deputy Prime Minister. Some notable figures who have held this position include Sardar Patel in Nehru’s Cabinet, Morarji Desai under Indira Gandhi, Charan Singh under Morarji Desai, Jagjivan Ram in Charan Singh’s Cabinet, Devi Lal in V.P. Singh’s ministry, and L.K. Advani under A.B. Vajpayee. The appointment of a Deputy Prime Minister is generally driven by political considerations.
Characteristics of the Council of Ministers and the Cabinet:
Council of Ministers:

•    It is an extensive body, comprising approximately 60 to 70 ministers.

•    It includes all three ranks: Cabinet Ministers, Ministers of State, and Deputy Ministers.

•    Unlike the Cabinet, it does not convene as a body to conduct government affairs and lacks collective functions.

•    It possesses theoretical authority over governance.

•    Its roles and responsibilities are determined by the Cabinet.

•    It is a constitutional entity governed by Articles 74 and 75 of the Constitution.

•    It bears collective responsibility to the lower house of Parliament.
Cabinet:

•    It is a more compact body, typically consisting of 15 to 20 ministers.

•    It exclusively comprises Cabinet Ministers and is thus a subset of the Council of Ministers.

•    It convenes regularly, usually once a week, to deliberate on government affairs and make collective decisions.

•    It exercises actual power over governance, functioning as the primary decision-making body on behalf of the Council of Ministers.

•    It formulates and enforces policy decisions that are binding on all ministers.

•    The term "Cabinet" was formally included in Article 352 of the Constitution through the 44th Constitutional Amendment Act of 1978.
Functions of the Cabinet

1.    It serves as the highest decision-making body within the country's political and administrative framework.

2.    It is the principal authority responsible for formulating policies at the central government level.

3.    It holds the supreme executive power within the central government.

4.    It acts as the primary coordinating entity for central administration.

5.    It functions as an advisory council to the President, whose decisions are bound by its recommendations.

6.    It plays a crucial role as the chief crisis manager, handling all emergency situations.

7.    It oversees significant legislative and financial matters.

8.    It exercises authority over key appointments, including constitutional positions and senior officials in the Secretariat.

9.    It manages all aspects of foreign policy and international relations.
Some statements by various scholars
Ramsay Muir: “The Cabinet is the steering wheel of the ship of the State.”
Lowell: “The Cabinet is the keystone of the political arch”.
Sir John Marriott: “The Cabinet is the pivot round which the whole political machinery revolves”.
Gladstone: “The Cabinet is the solar orb around which the other bodies revolve”.
Barker: “The Cabinet is the magnet of Policy”.
Bagehot: “The Cabinet is a hyphen that joins, the buckle that binds the executive and legislative departments together”.
Sir Ivor Jennings: “The Cabinet isthe core of the British Constitutional System. It provides unity to the British System of Government”.
L.S. Amery: “The Cabinet is the Central directing instrument of Government.”
Ramsay Muir has referred to cabinet as the ‘Dictatorship of the Cabinet’. In his book How Britain is Governed, he writes “A body which wields such powers as these may fairly be described as ‘omnipotent’ in theory, however, incapable it may be of using its omnipotence. Its position, whenever it commands a majority, is a dictatorship only qualified by publicity. This dictatorship is far more absolute than it was two generation ago”.
▪ Kitchen Cabinet
The Cabinet is a compact body led by the Prime Minister and composed of approximately 15 to 20 key ministers. It is the highest formal decision-making authority within the government. However, in practice, an even smaller and more influential group known as the ‘inner cabinet’ or ‘kitchen cabinet’ often serves as the real center of power.
The Kitchen Cabinet is an informal advisory body that includes the Prime Minister and a select group of two to four of their most trusted and influential associates. This exclusive group provides counsel on critical political and administrative matters, assisting the Prime Minister in making key decisions. Unlike the official Cabinet, it may also include individuals outside the government, such as personal friends and family members.
Every Indian Prime Minister has had an ‘inner cabinet’ or Kitchen Cabinet. For instance, Jawaharlal Nehru’s inner circle included Patel, Azad, Ayyangar, and Kidwai. Lal Bahadur Shastri relied on Y.B. Chavan, Swaran Singh, and G.L. Nanda. Indira Gandhi’s Kitchen Cabinet, which gained significant influence, included Y.B. Chavan, Uma Shankar Dixit, Fakhruddin Ali Ahmed, Dr. Karan Singh, and others. Similarly, A.B. Vajpayee’s inner circle comprised L.K. Advani, George Fernandes, Murli Manohar Joshi, Pramod Mahajan, and others.
Advantages of the Kitchen Cabinet

1.    Due to its smaller size, it functions as a more efficient decision-making body compared to the larger Cabinet.

2.    It can convene more frequently and handle matters more swiftly.

3.    It aids the Prime Minister in maintaining confidentiality on crucial political issues.
Drawbacks of the Kitchen Cabinet

1.    It diminishes the authority and stature of the official Cabinet as the supreme decision-making body.

2.    It bypasses formal legal and institutional processes by allowing non-governmental individuals to exert substantial influence over governance.
Self-Check Exercise-1

1.    What is the main role of the Cabinet Secretariat?

2.    Who heads the Cabinet Secretariat?

3.    What role does the Cabinet Secretariat play in crisis management?

6.4    Summary
The role of PMO is different from prime minister to prime minister. Over the time, it has grown very big and powerful and began functioning on a scale that was not anticipated at the time of its inception in 1947. At the time of the prime minister-ship of Jawaharlal Nehru, the PMO was small in the size and played a limited role, but Lal Bahadur Shastri, who succeeded Nehru, strengthened the PMO and made it a powerful organ. The same trend was continued by the next PMs as well. As truly observed by Ajay K. Mehra, “Constitutional practice recognises the Cabinet Secretariat, not the PMO, as the supporting institution for the apex executive body. The critics have described the PMO variously as ‘Super Cabinet’, ‘Micro Cabinet’, ‘Super Ministry’,
Super Secretariat’, ‘Supra-authority’, ‘the Government of India’, ‘the Government of the Government of India’ etc.

6.5    Glossary

(a)   CentralSecretariat:Itconsistsofcouncilofminister,thesecretaries,andthestaff.Thisisthe
agencywhereallthepoliciesandprogrammearebeingformulated.

(b)    CabinetSecretariat:Thishasaimportantcoordinatingroleintheprocessofdecisionmakingat higherlevelisconcerned.

6.6    Answer to self-check Exercise
Self-check Exercise-1
Refer to section
6.3

6.7    References/SuggestedReadings

1.    S.R.Maheshwari,“IndianAdministration”.

2.    K.K.Puri,“IndianAdministration”.

6.8    Terminal Question

1.    Discusstheroleofcabinetsecretariatwhatareitsfunctions.
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