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Summary
Polity Class 37

OTHER LOCAL BODIES (5:02 PM)

  • Town Area Committee :
  • They are set up for the administration of the small town.
  • It is a semi-municipal authority and performed similar functions like maintenance of roads, drainage and street light etc. 
  • They are created by an act of the legislature. 
  • The members are either nominated or elected. 
  • Cantonment Board :
  • They are established for the civil population in the cantonment area.
  • They are created under the provision of the cantonment act.
  • They work directly under the Ministry of Defence.
  • At present, there are 62 cantonment boards in the country.
  • Members are both nominated and elected for a period of 5 years. 
  • The military officer of the cantonment is the ex-officio chairman of the cantonment board. 
  • It performs similar functions to that of a municipality.
  • Port Trust :
  • They are established in port areas.
  • They protect the ports and provide civic amenities to people.
  • They are also created by an act of parliament.
  • They have both nominated and elected members.
  • Township :
  • They are established by large public sector enterprises to provide civic amenities to their worker and staff.
  • They are an extension of public sector enterprises only.
  • Special Purpose Agencies :
  • They are also created by an act of the legislature or by an executive resolution. 
  • They function as autonomous bodies working independently of local self-government. 
  • They deal with subjects like public health, sanitation, water supply, urban planning, fire services, urban poverty alleviation, regulation of land use and so on.
  • Metropolitan Area Planning Committee :
  • MPC will have to draft a separate developmental plan for their region. 
  • Two-thirds of the members are elected by elected members of rural and urban local bodies and the rest of them are nominated by the state government.

CONTROVERSIES RELATED TO THE STATUS OF DELHI (5:48 PM)

  • 69 Constitutional Amendment Act (CAA) had given special status to the National Capital Territory of Delhi with the legislative assembly and an elected government.
  • Under Article 239AA and 239AB,  Delhi state legislative assembly have the power to legislate on subjects in the status and concurrent list.
  • The state government has the executive power to implement that legislation except for public order, police and land. They are with the union government.
  • It has resulted in jurisdictional conflicts between the Delhi state government and the Union government. 
  • SC in 2018 ruled that parliament can legislate on any matter in the state and concurrent list for Delhi but the executive powers lie with the state government except land, police and public order.
  • SC also ruled that the executive power of the union government does not extend to any of the matters which come within the jurisdiction of the state legislative assembly
  • SC also ruled that LG should act on the aid and advice of the council of ministers headed by the CM. 
  • In case of any conflict between the CM and LG the matter can be referred to the president at the same time at the same time SC also ruled that "any matter" does not mean "every matter". It held that only conflicts should be referred to the presidents.
  • In 2021, Parliament passed the government of NCT, Delhi amendment Act under this the Government of Delhi means the LG.
  • LG's opinions should be taken before the State government takes any executive actions on the basis of cabinet decisions.
  • LG also has the power to not give any assent to the will to be passed by the state legislative assembly and also has the power to refer any bill for presidential consideration.
  • Major problems :
  • There is no accountability of LG.
  • LG is under no obligation to implement any law passed by the state legislative assembly as he is not responsible to the assembly.
  • After the 2021 amendment, there is a complete concentration of power in the hands of LG.
  • Under Article 239AB, LG can recommend for imposition of presidential's rule in Delhi but the paradox is LG is administration of the Delhi.
  • The presidential rule can be imposed for a breakdown of constitutional machinery. It means LG will be recommending the presidential rule for his own failures. 
  • Recently, there is a controversy regarding services in Delhi. Delhi state government had approached the SC regarding control of services (including all India Services officers and central services)
  • SC in 2023 ruled that services should be with the Delhi state government only following the principle of ministerial responsibility. 
  • In a democracy, the political executive is responsible for policy-making and bureaucracy for its implementation. Since the political executive is elected by the people and is also accountable to the people, Bureaucracy must function under political executives 
  • C.G. has brought out an ordinance to nullify SC judgement, services will be decided by a committee consisting of the CM of Delhi, the Chief secretory and the Home Secretary of the Delhi state government. This ordinance was challenged in the SC by the Delhi state government it has argued that it request a constitutional amendment to change the SC judgement. SC has referred the matter to the constitutional bench.
  • Solution : 
  • SC held that LG must take into consideration aspects related to collaborative federalism, constitutional balance and the concept of constitutional governance before taking any decisions. 
  • SC also held that, both the constitutional dignitaries must resolve their differences in an amicable manner and work together constructively.
  • The administrative arrangement of America can be replicated in India also. For e.g. in the USA, strategic areas and buildings in Washington DC are under the direct-controlled of the federal government whereas the rest of the cities is under the control of local bodies.
  • In India also strategic areas can be directly under the control of the CG and the rest of the city administration can be the responsibility of the state government.

ELECTION COMMISSION (6:23 PM)

  • Article 324 of the constitution provides that the power of conducting elections to the office of President, Vice President, and Parliament shall be vested in the election commission.
  • ECI shall consist of CEC and such number of other Election commissioners as the president may from time to time fix it. Appointment of CEC shall be made by the president.
  • From 1950 til 1989 ECI was only a single-member body and it was made a multi-member body in 1989 but in 1990 again it was made a single-member body.
  • In 1993 two more election commissioners were appointed and from then onwards it continue to be a multi-member body.
  • The independence of ECI is ensured by providing security of tenure to CEC. He can be removed on the same grounds as a judge of the SC.
  • The service conditions of CEC cannot be varied to his disadvantage after his appointment.
  • Another election commissionaire cannot be removed except on the recommendation of the CEC.
  • The constitution has not prescribed any qualification for the members of the Election Commission.
  • It has also not specified the term of a member of ECI.
  • It has not prohibited retired from taking up positions within the government. 
  • RPA, 1950 and RPA, 1951 and Articles 81 and 170 laid out the maximum number of seats in parliament and state legislative assemblies 
  • Allocation of seats is decided by the law, the parliament has enacted RPA, 1950 regarding the allocation of seats in Lok Sabha and also in State Legislative assemblies and councils.
  • RPI, 1950 also includes delimitation of the constituency, powers of election officers, preparation of electoral rolls and so on.
  • RPA, 1951 has a provision for the actual conduct of elections. It includes qualification and disqualification for parliament and the state legislative assemblies, registration and de-registration of political parties, conduct of elections, powers of election commissions regarding de-registration of political parties, model code of conduct, electoral offences and corrupt practices.
  • Article 82 provides for the readjustment of territorial constituencies.

MAJOR ISSUE (7:23 PM)

  • Criminalization of politics:
  • Role of Money power 
  • Use of Religion and Caste
  • Model code of conduct 
  • Credibility of ECI
  • Simultaneous conduct of the election
  • Recognition and derecognition of political parties 
  • Electoral bonds
  • Exit polls/Opinion polls 
  • State Funding of Elections 

THE TOPICS FOR THE NEXT CLASS:  ELECTION COMMISSION (CONTINUATION)