5. ADMINISTRATIVE SET-UP AT THE CENTRE TO RUN THE GOVERNMENT OF INDIA

The Government of India (Allocation of Business) Rules, 1961, continue to govern the administration of India. As per these rules, the President of India functions under Article 77 of the constitution of India. The ministries/departments of the Government of India have been created by the President on the advice of the Prime Minister under these rules. The business of the Government of India is transacted in the ministries/departments, secretariats and offices as per the distribution of subjects specified in these rules. Each of the ministry is assigned to a Minister by the President on the advice of the Prime Minister. Each ministry/department is under the charge of a Secretary who works under the instructions of the Minister, whenever one is there, for his ministry/department.

The Cabinet Secretariat is responsible for secretarial assistance to the Cabinet, its committees and ad hoc groups of Ministers, and for maintenance of records of their decisions and proceedings. The Secretariat monitors implementation of the decisions/directions of the Cabinet/Cabinet 0mitteeS/grOUp5 of Ministers etc. The Secretariat is also responsible for the administration of the Government of India (Transaction of Business) Rules, 1961 and facilitates smooth transaction of business in ministries/departments of the government by ensuring adherence to these rules.

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 reports. 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 this Secretariat.

On 15th August, 1947, number of ministries at the centre was 18. As on July 22, 1997, the Government of India consisted of the following ministries/departments :

1. Ministry of Agriculture — Department of Agricultural Research and Education, Department of Agriculture and Cooperation, and Department of Animal Husbandry and Dairying.

2. Ministry of Chemicals and Fertilizers — Department of Chemicals and Petro-Chemicals, Department of Fertilizers.

3. Ministry of Civil Aviation and Tourism — Department of Civil Aviation, Department of Tourism.

4. Ministry of Coal.

5. Ministry of Commerce, Department of Commerce, Department of Supply.

6. Ministry of Communications — Department of Posts, Department of Telecommunications.

7. Ministry of Defence - Department of Defence, Department of Defence Production, and Supplies, Department of Defence Research and Development.
8. Ministry of Environment and Forests.
9. Ministry of External Affairs.
10. Ministry of Finance — Department of Economic Affairs, Dept. of Expenditure, Dept. of Revenue, Dept. of Company Affairs.
11. Ministry of Food and Consumer Affairs — Dept. of Food and Civil Supplies, Dept. of Consumer Affairs, Dept. of Sugar and Edible Oils.
12. Ministry of Food Proeessing Industries.
13. Ministry of Health and Family Welfare — Dept. of Health, Dept. of Family Welfare, Dept. of Indian Systems of Medicines and Homeopathy.
14. Ministry of Home Affairs — Dept. of Internal Security, Dept. of States, Dept. of Official Language, Dept. of Home.
15. Ministry of Human Resource Development — Dept of Education, Dept, of Youth Affairs, Dept. of Culture, Dept. of Women and Child Development.
16. Ministry of Industry — Dept. of Industrial Development, Dept. of Heavy Industry, Dept. of Public Enterprises, Dept. of Small Scale Industries and Agro and Rural Industries, Dept. of Industrial Policy and Promotion.
17. Ministry of Information and Broadcasting.
18. Ministry of Labour.
19. Ministry of Law and Justice — Dept. of Legal Affairs,
Legislative Dept., Dept. of Justice.
20. Ministry of Mines.
21. Ministry of Non-Conventional Energy Sources.
22. Ministry of Personnel, Public Grievances and Pensions — Dept. of Personnel and Training, Dept. of Administrative Reforms and Public Grievances, Dept. of Pensions and Pensioners’ Welfare.
23. Ministry of parliamentary Affairs.
24. Ministry of Petroleum and Natural Gas.
25. Ministry of Planning and Programme Implementation — Dept. of Planning, Dept. of Statistics, Dept. of Plan Implementation.
26. Ministry of Power.
27. Ministry of Railways.
28. Ministry of Rural Areas and Employment Dept. of Rural Development, Dept. of Wasteland Development, Dept. of Rural Employment and Poverty Alleviation.
29. Ministry of Science and Technology — Dept. of Science and Technology, Dept. of Scientific and Industrial Research, Dept. of Bio-Technology.
30. Ministry of Steel.
31. Ministry of Surface Transport.
32. Ministry of Textiles.
33. Ministry of Urban Affairs and Employment — Dept. of Urban Development, Dept. of Urban Employment and Poverty Alleviation.
34. Ministry of Water Resources.
35. Ministry of Welfare.
36. Department of Atomic Energy.
37. Department of Electronics.
38. Department of Jammu and Kashmir Affairs.
39. Department of Ocean Development.
40. Department of Space.
41. Cabinet Secretariat.
42. President’s Secretariat.
43. Prime Minister’s Office.
44. Planning Commission
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4. FUNCTIONS AND POWERS OF THE PARLIAMENT

Like other parliamentary democracies in the world, the Parliament of India has the cardinal functions of legislation, overseeing of administration, passing of budget, ventilation of public grievances and discussing various subjects like development plans, international relations and national policies. The distribution of powers between the Union and the states, followed as per the constitution, emphasizes in many ways the general predominance of the Parliament in the legislative field. Apart from a wide range of subjects, even in normal times, Parliament can, under certain circumstances, assume legislative power, falling within the sphere exclusively reserved for the states. Parliament is also vested with powers to impeach the President and to impeach the judges of the Supreme Court and High Courts, the Chief Election Commissioner and Comptroller and Auditor General in accordance with procedure laid down in the constitution.

All legislation requires consent of both the Houses of Parliament. In the case of money bills, however, the will of the Lok Sabha prevails. Delegated legislation is also subject to review and control y Parliament. Besides the power to legislate, the constitution vests in Parliament the power to initiate amendment of the constitution.

The functions of Parliament are not only varied in nature, but considerable in volume. The time at its disposal is limited. It cannot make very detailed scrutiny of all legislative and other matters that come up before it. A good deal of its business is, therefore, transacted in committees.

Both Houses of Parliament have a similar committee structure, with a few exceptions. Their appointment, terms of office, functions and procedure of conducting business, are also more or less, similar and are regulated under rules made by the two Houses under Article 118(1) of the constitution.

Broadly, parliamentary committees are of two kinds — standing committees and ad hoc committees. The former are elected or appointed every year or periodically and their work goes on, more or less on a continuous basis. The latter are appointed on an ad hoc basis as need arises and they cease to exist as soon as they complete the work assigned to them.

Standing Committees : Among standing committees three financial committees — Committee on Estimates, Public accounts and Public Undertakings — constitute a distinct group and they keep an unremitting vigil on Government expenditure and performance. While members of the Rajya Sabha are associated with committees on Public Accounts and Public Undertakings, members of the Committee on Estimates are drawn entirely from the Lok Sabha.

The Estimates Committee reports on “what economies, improvements in organisation, efficiency or administrative reform consistent with policy underlying the estimates” may be affected. It also examines whether the money is well laid out within the policy limits implied in the estimates and suggests the form in which estimates shall be presented to the Parliament. The Public Accounts Committee scrutinises appropriation and finance accounts of Government and reports of the Comptroller and Auditor General. It ensures that public money is spent in accordance with Parliament’s decision. It calls attention to cases of waste, extravagance, loss or nugatory expenditure. The Committee on Public Undertakings examines the reports of the Comptroller and Auditor General if any. It also examines whether Public Undertakings are being run efficiently and managed in accordance with sound business principles and prudent commercial practices. The control exercised by these committees is of a continuous nature. They gather information through questionaires , memoranda from representative non-official organisations and knowledgeable individuals, on-the-spot studies of organisations and oral examination of non-official and official witnesses. Between themselves, the financial committees examine and report on a fairly large area of multifarious activities of the Government of India.

Leaders of opposition in the Rajya Sabha and the Lok Sabha are accorded statutory recognition. Salaries and other suitable facilities are extended to them through a separate legislation which came into force on November 1, 1977.

Minister for Parliamentary Affairs is responsible for coordinating, planning, and arranging Government business in both Houses of Parliament. In the discharge of this function, his Ministry works under the overall direction of the Cabinet Committee on Parliamentary Affairs. The Minister for parliamentary Affairs keeps close and constant contact with the Presiding Officers, the leaders as well as he chief whips and whips of various parties and groups. The Minister of Parliamentary Affairs also nominates Members of Parliamentary , Committees, Councils, Boards and Commissions etc. set up by the Government.

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3. THE UNION EXECUTIVE

The union executive consists of the President, Vice President and Council of Ministers with the Prime Minister at the head to aid and advise the President.

The President is elected by members of an electoral college consisting of elected members of both houses of Parliament and Legislative Assemblies of the states in accordance with the system of proportional representation by means of single transferable vote. To secure uniformity state inter se as well as parity between the states, as a whole, and the Union, suitable weightage is given to each vote. The President must be a citizen of India, not less than 35 years of age and qualified as for election as member of the Lok Sabha. His term of office is five years and he is eligible for re-election. His removal from office if any is to be in accordance with procedure laid down in Article 61 of the constitution. He may, by writing under his hand addressed to Vice President, resign his office.

The executive power of the Union is vested in President and is exercised by him either directly or through officers ,sub-ordinate to him in accordance with the constitution. Supreme command of defence forces of the Union also vests in him. President summons, prorogues, addresses, sends messages to Parliament and dissolves the Lok Sabha; promulgates ordinances at any time, except when both houses of Parliament are in session; makes recommendations for introducing financial and money bills and gives assent to bills; grants pardons, reprieves, respites or remission of punishment or suspends, remits or commutes in certain cases. When there is a failure of constitutional machinery in a state, he can assume to himself all or any of the functions of the government of that state. President can proclaim emergency in the country if he is satisfied that a grave emergency exists whereby the security of India or any part of its territory is threatened whether by war or external aggression or armed rebellion.
Vice President is elected by members of an electoral college consisting of members of both houses of Parliament in accordance with the system of proportional representation by means of single transferable vote. He must be a citizen of India, not less than 35 years of age and eligible for election as a member of the Rajya Sabha. His term of office is five years and he is eligible for reelection. His removal from office is to be in accordance with procedure prescribed in Article 67-b. Vice President is the ex-officio chairman of the Rajya Sabha and acts as President when the latter is unable to discharge his functions due to absence, illness, or any other cause or till the election of a new President (to be held within six months) when a vacancy is caused by death, resignation or removal or otherwise of President. While so acting, he ceases to perform the functions of the Chairman of the Rajya Sabha.

Council of Ministers

There is a Council of Ministers headed by Prime Minister to aid and advise the President in exercise of his functions. Prime Minister is appointed by President who also appoints other Ministers on the advice of the Prime Minister. The Council of Ministers is collectively responsible to the Lok Sabha. It is the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to administration or affairs of the Union and proposals for legislation and information relating to them. The Council of Ministers comprises Ministers who are members of the Union Cabinet. Ministers of State (independent charge), Ministers of State and Deputy Ministers.

Legislatures

Legislature of the Union called Parliament, consists of President and two Houses, known as Council of States (Rajya Sabha) and House of the People (Lok Sabha). Each House of Parliament is supposed to meet within six months of its previous sitting. A joint sitting of the two houses can be held in certain cases.

The constitution provides that the Rajya Sabha should consist of 250 members, of which 12 members shall be appointed by the President from amongst persons having special knowledge or practical experience in respect of such matters as literature, science, art, and social service; and not more than 238 representatives of the states and of the union territories.

Elections to the Rajya Sabha are indirect, members representing states are elected by elected members of legislative assemblies of the states in accordance with the system of proportional representation by means of single transferable vote, and those representing union territories are chosen in such a manner as the Parliament may by law prescribe. The Rajya Sabha is not subject to dissolution, one third members retire on expiry of every second year. The Rajya Sabha has at present 245 seats. Of these 233 members represent the states and the union territories and 12 members are nominated by the President.

The Lok Sabha is composed of representatives of people chosen by direct election on the basis of adult suffrage. The maximum strength of the House envisaged by the constitution is now 552 (530 to represent states, 20 to represent union territories and not more than two members of Anglo-Indian community to be nominated by the President, if in his opinion, that community is not adequately represented in the House). The total elective membership of the Lok Sabha is distributed among states in such a way that the ratio between number of seats alloted to each state, and population of the state, as far as practicable, be the same for all states. The Lok Sabha at present consists of 545 members, of these, 530 members are directly from 26 states 20 from seven union territories while two are nominated by the President to represent Anglo-Indian community. The allocation of the seats in the present Lok Sabha is based on the 1971 census and under the 42nd Amendment of the Constitution (1976) and will continue to be so based until figures of the first census after 2000 AD become available.

The term of the Lok Sabha, unless dissolved earlier, is five years from the date fixed for its first meeting. However, while a proclamation of emergency is in operation, this period may be extended by Parliament by law for a period of one year with time not extending in any case, beyond a period of six months after the proclamation has ceased to operate. Twelve Lok Sabhas have so far been constituted so far.
In order to be chosen a member of Parliament; a person must be ‘not less than 30 years of age in case of the Rajya Sabha, and not less than 25 years of age in the case of the Lok Sabha.’
Additional qualifications may be prescribed by Parliament by law.

2.MAIN FEATURES OF INDIA’S CONSTITUTION

India is a Union of States and Union Territories. It is a sovereign socialist secular democratic republic, with a parliamentary system of government. The Republic is governed in terms of the constitution which was adopted by the Constituent Assembly on November 26, 1949 and came into force on January 26, 1950.

The constitution which envisages parliamentary form of government is federal in structure with unitary features. President of India is constitutional head of executive of the Union. Article 74(1) of the constitution provides that there shall be a Council of Ministers with the Prime Minister as head to aid and advise the President who shall in exercise of his functions, act in accordance with such advice. Real executive power thus vests in the Council of Ministers with the Prime Minister as head. Council of Ministers is collectively responsible to the Lok Sabha. Similarly, in states, Governor is head of the executive, but it is the Council of Ministers with Chief Minister as head in whom real executive power vests. Council of Ministers of a state is collectively responsible to the State Legislative Assembly or the Vidhan Sabha.

The constitution distributes legislative power between the Parliament and state legislatures and provides for resting of residual powers in Parliament. The power to amend the constitution also vests in Parliament. The constitution has provision for independence of judiciary, Comptroller and Auditor General, Public Service Commissions and the Chief Election Commissioner.

The States and the Union Territories
India comprises 26 States and 6 Union Territories. The names of States are: Andhra Pradesh, Assam, Arunachal Pradesh, Bihar, Delhi, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu and Kashmir, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Mizoram, Nagaland, Orissa, Punjab, Rajasthan, Sikkim, Tamil Nadu, Tripura, Uttar Pradesh and West Bengal. The Union Territories are: Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, Lakshadweep, and Pondicherry.

Citizenship
The constitution of India provides for a single and uniform citizenship for whole of India. Every person who was at the commencement of the constitution (January 26, 1950), domiciled in the territory of India and : (a) who was born in the territory of India or (b) either of whose parents was born in the territory of India, or (c) who has been ordinarily resident in the territory of India for not less than five years immediately preceding such commencement, shall be a citizen of India. The Citizenship Act, 1955 provides for acquisition and termination of citizenship after the commencement of constitution.

Fundamental Rights
The constitution offers all citizens, individually and collectively some basic freedoms. These are guaranteed in the constitution in the form of broad categories of Fundamental Rights which are justiciable. Article 12 to 35 contained in Part III of the constitution deal with Fundamental Rights. These are : (i) Right to equality before law, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth and equality of opportunity in matters of employment; (ii) Right of freedom of speech and expression, assembly, association or union, movement, residence and the right to practice any profession or occupation (some of these rights are subject to the security of the state, friendly relations with foreign countries, public order, decency

or morality); (iii) Right against exploitation, prohibiting all forms of forced labour, child labour, and traffic in human beings; (iv) Right to freedom of conscience and free profession, practice and propagation of religion; (v) Right of any section of citizens conserve their culture, language or script and right of minorities to establish and administer educational institutions of their choice; and (vi) Right to constitutional remedies for enforcement of Fundamental Rights.

Fundamental Duties
By the 42nd Amendment to the constitution, adopted in 1976, Fundamental Duties of the citizens have also been enumerated. Article 51 ‘A’ contained in Part IV A of the constitution deals with Fundamental Duties. These enjoin upon a citizen, among other things, to abide by the constitution, to cherish and follow noble ideals which inspired our national struggle for freedom, to defend the country and to render national service, when called upon to do so and to promote
harmony and spirit of common brotherhood amongst all people of India, transcending religious, linguistic and regional or sectional diversities.

Directive Principles of State Policy

The constitution lays down certain Directive Principles of State Policy which though not justiciable are “fundamental in governance of the country” and it is ‘the duty of the state to apply these principles in making law. These lay down that the state shall strive to promote welfare of people by securing and protecting as effectively as it may, a social order in which justice — social, economic and political , — shall inform all institutions of national life. The state shall direct its policy in such a manner as to secure the right of all men and women to work, education and to public assistance in the event of unemployment, old age, sickness and disablement other cases of undeserved want. The state shall also endeavour to secure to workers a living wage, humane conditions of work, a decent standard of life and full involvement of workers in the management of industries.

In economic sphere the state is to direct its policy in such a manner as to secure distribution of ownership and control of material resources of community to subserve the common good and to ensure that operation of economic system does not result in concentration of wealth and means of production to common detriment.

Some of the other important directives relate to provision of opportunities and facilities for children to develop in a healthy manner.

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1. NATIONAL SYMBOLS OF INDIA

National Flag
National Flag is a horizontal tri-colour of deep saffron (kesari) at the top, white in the middle and dark green at the bottom in equal proportion. Ratio of the width of the flag to its length is two to three. In the centre of the white band is a navy blue wheel which represents the Charkha. Its design is that of the wheel which appears on the abacus of the Sarnath Lion Capital of Ashoka. Its diameter approximates to the width of the white band and it has 24 spokes.
The design of the National Flag was adopted by the Constituent Assembly of India on July 22, 1947. Its use and display are regulated by Flag Code-India.

State Emblem
State emblem is an adaptation from the Sarnath Lion Capital of Ashoka. In the original, there are four lions standing back to back mounted on an abacus with a frieze carrying sculptures in high relief of an elephant, a galloping horse, a bull and a lion separated by intervening wheels over a bell-shaped lotus. Carved out of a single block of polished sandstone, the capital is crowned by the Wheel of the Law (Dharma Chakra).

In the state emblem adopted by the Government of India on 26 January, 1950, only three lions are visible, the fourth being hidden from view. The wheel appears in relief in the centre of the abacus with a bull on right and a horse on left and the outlines of ether wheels on extreme right and left, the bell-shaped lotus has been omitted. The words Satyameva Jayate fom Mundaka Upnishad, meaning ‘Truth Alone Triumphs’ are inscribed below the abacus in the Devanagri script.

National Anthem
The song Jana-gana-mana, composed by Rabindranath Tagore, was adopted by the Constituent Assembly as the national anthem of India on January 24, 1950. It had been first sung on December 27, 1911 at the Calcutta session of the Indian National Congress. The complete song consists of five stanzas. First stanza consists full version of the National Anthem. It reads:

Jana-gana-mana-adhinayaka, jaya he
Bharata-bhagya-vidhata,
Punjab-Sindhu-Gujrata -Maratha
Dravida-Utkala-Banga
Vindhya-Himachal-Yamuna-Ganga
Uchchala-Jaladhi-taranga
Tava shubha name jage,

Tava-shubha asisa mange,
Gahe tava jaya gatha,
Jana-gana-mangala-dayaka- jaya he
Bharata-bhagya-vidhata,
Jaya he, jaya he, jaya he,
Jaya jaya jaya, jaya he.

Playing time of the full version of the national anthem is approximately 52 seconds. A short version consisting of first and last lines of the stanza (playing time is approximately 20 seconds) is also played on certain occasions. The following is Tagore’s English rendering of the stanza:

Thou art the ruler of the minds of all people, dispenser of India’s destiny.
Thou name rouses the hearts of Punjab, Sind, Gujarat and Maratha,
of the Dravida, and Orissa and Bengal; It echoes the hills of the Vindhyas and Himalayas, mingles in the music of Jamuna and Ganga and is chanted by the waves of the Indian Sea. They pray for thy blessings and sing thy praise. The saving of all people waits in thy hand, thou dispenser of India’s destiny. Victory, Victory, Victory to thee.

National Song
The song Vande Matram, composed by Bankim Chandra Chatterji, was a great source of inspiration to the people in their struggle for freedom. It has an equal status with with Jana-gana-mana. The first political occasion when it was sung was the 1896 session of the Indian National Congress. The following is the text of its first stanza:

Vande Matram!
Sujalam, Suphalam, malayaja shitalam,
Shasyashyamalam, Mataram,
Shubhrajyosthana pulakitayaminim
Phullakusumita drumandala shobhinim,
Suhasinim sumadhura bhashinim,
Sukhadam varadam, Mataram!

English translation of the stanza rendered by Sri Aurobindo Ghosh in prose is:

I bow to thee, mother,
richly watered, richly fruited,
cool with the winds of the south,
dark with the crops of the harvests,
The Mother!
Her nights rejoicing in the glory of the moonlight, her lands clothed beautifully with her trees in flowering bloom, sweet of laughter, sweet of speech,
The Mother, giver of boons, giver of bliss.

National calendar
National Calendar based on the Saka era with Chaitra as its first month and a normal year of 365 days was adopted from March 22, 1957 along with Georgian calendar for the following official purposes: (i) Gazette of India, (ii) News Broadcasts by All India Radio, (iii) calendars issued by the Government of India, (iv) Government communications addressed to the members of public.

Dates of the national calendar have a permanent correspondence with dates of Georgian calendar: Chaitra 1 falling on March 22 normally and on March 21 in leap year.

National Animal
The magnificent tiger, Panthera tigris (Linnaeus), the national animal of India, is a rich-coloured well-striped animal with a short coat. The combination of grace, strength, agility and enormous power has earned the tiger great respect and high esteem. Out of eight species known, the Indian race, the Royal Bengal Tiger is found throughout the country except the north-western region and also in the neighbouring countries, Nepal, Bhutan and Bangladesh. To check the dwindling population of tigers in India ‘Project Tiger” was launched in April 1973. So far, 23 tiger reserves have been established in the country under this project, covering an area of 33,046 sq km.

National Bird
The Indian Peacock, Pavo cristatus (Linnaeus), the national bird of India, is a colourful swan sized bird with a fan-shaped crest of feathers on its head, a white patch under the eye and a long slender neck. The male of the species is more colourful than the female with a glistening blue breast and neck and a spectacular bronze-green tail of around 200 elongated feathers. The female is a brownish, slightly smaller than the male and it lacks the tail. The elaborate courtship dance of the male by fanning out the tail and quivering the feathers is a gorgeous sight.

The peacock is widely found in the Indian sub continent from the south and east of the Indus river, Jammu and Kashmir, east to Assam, south to Mizoram and the whole of the Indian peninsula. The peacock enjoys full protection from the people as it is never molested on religious and sentimental grounds. It is also protected under the Indian Wildlife (Protection) Act, 1972.