The Union Legislature

BICAMERAL LEGISLATURE

Art 79 … There shall be a Parliament of the union and that it is to consist of the Prez, two Houses known as the Council of States (Rajya Sabha) & the House of the People (Lok Sabha). The Prez. Does not sit or participate in the daily proceedings in the House. (Certain functions summoning the Houses, proroguing them, dissolving the Lok Sabha, addressing the Houses.)

The Rajya Sabha was first constituted on April 3, 1952. The Lok Sabha held its first sitting on May13, 1952 after the first general election in the winter of 1951-52.

Composition:

The States In India Are Represented In The Rajya Sabha On The Basis Of Population.

LOK SABHA	RAJYA SABHA
COMPOSITION
Art 81…Lower House consists of not more than 530 representatives of the states; not more than 20 representatives Union Territories; not more than 2 members of the Anglo- Indian community , nominated by the President . Direct Election – on adult suffrage. in the case of Sikkim –its sole representatives in the Parliament is elected by the members of its Legislature Assembly[Art371F(e)]	Art 80…Council of States is composed of not more than 12 members by the Prez. from amongst persons having “special knowledge or practical experience in literature, science, art and social science “ not more than 238 representatives of the states & the Union Territories elected by the method of indirect election. The representatives of each state are elected by the elected members of the Legislature Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote.
DURATION
Each Lok Sabha is formed for a five-year term, after which it is automatically dissolved, unless extended by a Proclamation of Emergency, which may extend the term in one-year increments. The 15th Lok Sabha was formed in May 2009.	Terms of office are for six years, with one third of the The Rajya Sabha meets in continuous session and, unlike the lower house of parliament, the Lok Sabha, are not subject to dissolution members facing re-election every two years.
QUALIFICATIONS
Membership of the Lok Sabha requires that the person must be a citizen of India, aged 25 or over, mentally sound, should not be bankrupt and has no criminal procedures against him/her. For reserved seats, one should be member of the scheduled castes and/or tribes.	To become a member of the Rajya Sabha, a person must be a citizen of India, not less than 30 years of age. He or she should be mentally sound and should not be bankrupt. He or she must also declare in an affidavit to be free from criminal procedures. For reserved seats, it is a requirement to be member of a scheduled caste or tribe, or both. The President of India can also appoint one.

Art89…. The Vice-President of India (currently, Hamid Ansari) is the ex-officio Chairman of the Rajya Sabha. The Deputy Chairman of the Rajya Sabha, who is elected from amongst its members, takes care of the day-to-day matters of the house in the absence of the Chairman

SPEAKER OF THE LOK SABHA: is the presiding officer of the lower house of Parliament of India. The speaker is elected in the very first meeting of the Lok Sabha after the General elections for a term of 5 years from amongst the members of the Lok Sabha. He is supposed to resign from his original party because as a speaker, he has to remain impartial.

Powers of The and Functions Speaker

The Speaker presides over the sessions of the Lok Sabha and conducts the business in the house. He decides whether a bill is a money bill or a non-money bill. He maintains discipline and decorum in the house and can punish a member for his unruly behavior by suspending him. He permits the moving of various kinds of motions and resolutions like the motion of no confidence, motion of adjournment motion of censure and calling attention notice. The Speaker decides on the agenda to be taken up for discussion during the meeting. The President fixes the date of election of speaker.

DEPUTY SPEAKER OF LOK SABHA

The Deputy Speaker of the Lok Sabha is the vice-presiding officer of the Lok Sabha, the lower house of Parliament of India. He acts as the presiding officer in case of leave or absence caused by death or illness of the Speaker of the Lok Sabha.

The Deputy Speaker is elected in the very first meeting of the Lok Sabha after the General elections for a term of 5 years from amongst the members of the Lok Sabha. He is supposed to resign from his original party because as a Deputy Speaker, he has to remain impartial.

Powers of The and Functions Deputy Speaker

In case of the absence of the Speaker, the Deputy Speaker presides over the sessions of the Lok Sabha and conducts the business in the house. He decides whether a bill is a money bill or a non-money bill. He maintains discipline and decorum in the house and can punish a member for his unruly behavior by suspending him. He permits the moving of various kinds of motions and resolutions like the motion of no confidence, motion of adjournment, motion of censure and calling attention notice. The Deputy Speaker decides on the agenda to be taken up for discussion during the meeting.

SECRETARY GENERAL

The secretary general of the Lok Sabha is not connected with politics. The speaker chooses him and appoints him from among those who have served Parliament in various capacities in the Secretariat. He remains in office until the age of retirement, at present fixed at 60 years. His action cannot be discussed in nor outside the House; answerable only to the speaker; adviser to the speaker. He is permanent officer forming a link between the changing composition of the different Houses and speakers.

The Union Executive

The Union Executive

Vacation of seats.

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(1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.

(2) No person shall be a member both of Parliament and of a House of the Legislature of a State ¹[***], and if a person is chosen a member both of Parliament and of a House of the Legislature of ²[a State], then, at the expiration of such period as may be specified in rules ³made by the President, that person's seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.

(3) If a member of either House of Parliament-

(a) Becomes subject to any of the disqualifications mentioned in ⁴[clause (1) or clause (2) of article 102], or

⁵[(b) Resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be,] his seat shall thereupon become vacant:

⁶[Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.]

(4) If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.

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Polity Watch

The Cabinet Secretariat is under the direct charge of the Prime Minister. The adminstrative head of the Secretariat is the Cabinet Secretary who is also the ex-officio Chairman of the Civil Services Board.

In the Government of India (Allocation of Business) Rules, 1961 "Cabinet Secretariat" finds a place in the First Schedule to the Rules. The subjects allotted to this Secretariat are:-

1. Secretarial assistance to Cabinet and Cabinet Committees.
2. Rules of Business.

The Cabinet Secretariat is responsible for the administration of the Government of India (Transaction of Business) Rules, 1961 and the Government of India (Allocation of Business) Rules 1961, facilitating smooth transaction of business in Ministries/Departments of the Government by ensuring adherence to these rules. The Secretariat assists in decision-making in Government by ensuring Inter-Ministerial coordination, ironing out differences amongst Ministries/Departments and evolving consensus through the instrumentality of the standing/adhoc Committees of Secretaries. Through this mechanism new policy initiatives are also promoted.

The Cabinet Secretariat ensures that the President, the Vice President and Ministers are kept informed of the major activities of all Ministries/Departments by means of monthly summary of their activities. Management of major crisis situations in the country and coordinating activities of various Ministries in such a situation is also one of the functions of the Cabinet Secretariat.

SUPPORT TO CABINET COMMITTEES

The secretarial assistance provided by Cabinet Secretariat to the Cabinet and Cabinet committees, includes
1. Convening of the meetings of the Cabinet on the orders of the Prime Minister.
2. Preparation and circulation of the agenda.
3. Circulating papers related to the cases on the agenda.
4. Preparing a record of discussions taken.
5. Circulation of the record after obtaining the approval of the Prime Minister.
6. Watching implementation of the decisions taken by the Cabinet.

The Cabinet Secretariat is the custodian of the papers of the Cabinet meetings.

PROMOTION OF INTER-MINISTERIAL COORDINATION

Among the inter-Ministerial matters, the coordination is required for:
(i) removing difficulties;
(ii) removing differences;
(iii) overcoming delays;
(iv) coordination in administrative action
(v) coordination of policies.

Courtesy---

http://cabsec.nic.in/role.htm

The Right of Children to Free and Compulsory Education Bill, 2008

According to the Right to Education Bill every child in the 6-14 age groups will be eligible for free education.

According to the Right of Children to Free and Compulsory Education Bill, 2008, every school will have to earmark at least 25% seats in class 1 for free and compulsory elementary education.

The bill seeks to do away with the practice of schools taking capitation fees before admission and subjecting the child or parents to any screening procedure.

The bill also seeks to ban private tuition by teachers and ensure that no child is subjected to physical punishment or mental harassment.

The bill said it shall be the duty of every parent or guardian to admit the child to a neighbourhood school for elementary education and added that no child should be denied admission for lack of age proof.

This Bill seeks to provide every child of the age of six to fourteen years with the right to free and compulsory education in a neighbourhood school until completion of elementary education. Where a child above six years of age has not been admitted in any school or though admitted, could not complete his or her elementary education, then, he or she shall be admitted in a class appropriate to his or her age.

Highlights of the Bill

1. The 86th Constitution Amendment Act, 2002 requires the State to provide free and compulsory elementary education to all children. The Right of Children to Free and Compulsory Education Bill, 2008 seeks to give effect to this Amendment. All children between the ages of six and 14 years shall have the right to free and compulsory elementary education in a neighbourhood school.

2. No child shall be held back, expelled, or required to pass a board examination until the completion of elementary education. Schools may not screen applicants during admission or charge capitation fees. A child who completes elementary education shall be awarded a certificate.

3. Kendriya Vidyalayas, Navodaya Vidyalayas, Sainik Schools, and unaided schools shall admit at least 25% of students from disadvantaged and economically weaker groups.

4. A person who wants to file a grievance claim shall submit a written complaint to the local authority. Appeals shall be decided by either the State Commission for Protection of Child Rights or the specified authority.

Key Issues and Analysis

1. There are no specific penalties if the authorities fail to provide the right to elementary education.

2. Both the state government and the local authority have the duty to provide free and compulsory elementary education. Sharing of this duty may lead to neither government being held accountable.

3. The Bill provides for the right to schooling and physical infrastructure but does not guarantee that children learn. It exempts government schools from any consequences if they do not meet the specified norms.

4. The constitutional validity of reservations of seats in private schools for economically weaker sections could be challenged.

5. Minority schools are not exempt from provisions in this Bill. It is possible that this will conflict with Article 30 of the Constitution, which allows minorities to set up and administer educational institutions.

6. The Bill legitimises the practice of multi-grade teaching. The number of teachers shall be based on the number of students rather than by grade.

dOSE (pOLITY,pUBAD)

1. Law Commission of India is an executive body established by an order of the Government of India. Its major function is to work for legal reform. It membership primarily comprises legal experts, who are entrusted a mandate by the Government. The Commission is established for a fixed tenure and works as an advisory body to the Ministry of Law and Justice.
   
   The first Law Commission was established during the British regime in 1834 by the Charter Act of 1833. After that three more Commissions were established in pre-independent India. The first Law Commission of independent India was established in 1955 for a three year term. Since then Eighteen more Commissions have been established. The Ninteenth and the current Law Commission was established on 1 September 2009 under the Chairment of a (not declared yet). Its tenure has been fixed till 31 August 2012. Other than the Chairman, the Eighteenth Law Commission has one Permanent Member, one Member-Secretary and six Part-time Members.
2. The Indian Evidence Act, originally passed by the British parliament in 1872, contains a set of rules and allied issues governing admissibility of any evidence in the Indian courts of law.The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act, 1872, has eleven chapters and 167 sections, and came into force 1st September 1872. At that time, India was a part of the British Empire. Over a period of more than 125 years since its enactment, the Indian Evidence Act has basically retained its original form except certain amendments from time to time.
3. National Consumer Disputes Redressal Commission--- Engaged in solving consumer and seller disputes, spreading consumer awareness and enabling people to secure speedy and in expensive redressal of their grievances.
4. The Planning Commission was set up by a Resolution of the Government of India in March 1950 in pursuance of declared objectives of the Government to promote a rapid rise in the standard of living of the people by efficient exploitation of the resources of the country, increasing production and offering opportunities to all for employment in the service of the community. The Planning Commission was charged with the responsibility of making assessment of all resources of the country, augmenting deficient resources, formulating plans for the most effective and balanced utilisation of resources and determining priorities. Jawaharlal Nehru was the first Chairman of the Planning Commission.
   
   The first Five-year Plan was launched in 1951 and two subsequent five-year plans were formulated till 1965, when there was a break because of the Indo-Pakistan Conflict. Two successive years of drought, devaluation of the currency, a general rise in prices and erosion of resources disrupted the planning process and after three Annual Plans between 1966 and 1969, the fourth Five-year plan was started in 1969.
   
   The Eighth Plan could not take off in 1990 due to the fast changing political situation at the Centre and the years 1990-91 and 1991-92 were treated as Annual Plans. The Eighth Plan was finally launched in 1992 after the initiation of structural adjustment policies.
   
   For the first eight Plans the emphasis was on a growing public sector with massive investments in basic and heavy industries, but since the launch of the Ninth Plan in 1997, the emphasis on the public sector has become less pronounced and the current thinking on planning in the country, in general, is that it should increasingly be of an indicative nature.
   

1.