Daily Quiz: UPSC Prelims Marathon – December 20

Major Committees

1. Union Powers Committee – Jawaharlal Nehru
2. Union Constitution Committee – Jawaharlal Nehru
3. Provincial Constitution Committee – Sardar Patel
4. Drafting Committee – Dr. B.R. Ambedkar
5. Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas – Sardar Patel. This committee had the following sub-committes:

(a) Fundamental Rights Sub-Committee – J.B. Kripalani

(b) Minorities Sub-Committee – H.C. Mukherjee

(c) North-East Frontier Tribal Areas and Assam Excluded & Partially Excluded Areas SubCommittee – GopinathBardoloi (d) Excluded and Partially Excluded Areas (Other than those in Assam) Sub-Committee – A.V. Thakkar

6. Rules of Procedure Committee – Dr. Rajendra Prasad
7. States Committee (Committee for Negotiating with States) – Jawaharlal Nehru
8. Steering Committee – Dr. Rajendra Prasad

Some of the important features borrowed from the British Constitution:

• Parliamentary government
• Rule of Law
• Legislative procedure
• Single citizenship
• Cabinet system
• Prerogative writ
• Parliamentary privileges

Even before the term was added by the 42nd Amendment in 1976, the Constitution had a socialist content in the form of certain Directive Principles of State Policy. In other words, what was hitherto implicit in the Constitution has now been made explicit. Moreover, the Congress party itself adopted a resolution to establish a ‘socialistic pattern of society’ in its Avadi session as early as in 1955 and took measures accordingly.

Notably, the Indian brand of socialism is a ‘democratic socialism’ and not a ‘communistic socialism’ (also known as ‘state socialism’) which involves the nationalisation of all means of production and distribution and the abolition of private property. Democratic socialism, on the other hand, holds faith in a ‘mixed economy’ where both public and private sectors co-exist side by side6. As the Supreme Court says, ‘Democratic socialism aims to end poverty, ignorance, disease and inequality of opportunity7. Indian socialism is a blend of Marxism and Gandhism, leaning heavily towards Gandhian socialism’.

The new economic policy (1991) of liberalisation, privatisation and globalisation has, however, diluted the socialist credentials of the Indian State.

Article 3 authorises the Parliament to:

(a) form a new state by separation of territory from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state,

(b) increase the area of any state,

(c) diminish the area of any state,

(d) alter the boundaries of any state, and

(e) alter the name of any state.

ELECTION OF THE PRESIDENT

The President is elected not directly by the people but by members of electoral college consisting of: 1. the elected members of both the Houses of Parliament;

2. the elected members of the legislative assemblies of the states; and
3. the elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry.

Thus, the nominated members of both of Houses of Parliament, the nominated members of the state legislative assemblies, the members (both elected and nominated) of the state legislative councils (in case of the bicameral legislature) and the nominated members of the Legislative Assemblies of Delhi and Puducherry do not participate in the election of the President. Where an assembly is dissolved, the members cease to be qualified to vote in presidential election, even if fresh elections to the dissolved assembly are not held before the presidential election.

Absolute Veto: It refers to the power of the President to withhold his assent to a bill passed by the Parliament. The bill then ends and does not become an act. Usually, this veto is exercised in the following two cases:

(a) With respect to private members’ bills (ie, bills introduced by any member of Parliament who is not a minister); and

(b) With respect to the government bills when the cabinet resigns (after the passage of the bills but before the assent by the President) and the new cabinet advises the President not to give his assent to such bills.

In 1954, President Dr Rajendra Prasad with- held his assent to the PEPSU Appropriation Bill. The bill was passed by the Parliament when the President’s Rule was in operation in the state of PEPSU. But, when the bill was presented to the President for his assent, the President’s Rule was revoked.

Again in 1991, President R Venkataraman withheld his assent to the Salary, Allowances and Pension of Members of Parliament (Amendment) Bill. The bill was passed by the Parliament (on the last day before dissolution of LokSabha) without obtaining the previous recommendation of the President.

Public Accounts Committee This committee was setup first in 1921 under the provisions of the Government of India Act of 1919 and has since been in existence. At present, it consists of 22 members (15 from the LokSabha and 7 from the RajyaSabha). The members are elected by the Parliament every year from amongst its members according to the principle of proportional representation by means of the single transferable vote. Thus, all parties get due representation in it. The term of office of the members is one year. A minister cannot be elected as a member of the committee. The chairman of the committee is appointed by the Speaker from amongst its members. Until 1966–67, the chairman of the committee belonged to the ruling party. However, since 1967 a convention has developed whereby the chairman of the committee is selected invariably from the Opposition.