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LOCAL GOVERNANCE

(Syllabus: Devolution of Power & Finances up to Local levels & Challenges there
in)
Panchayati Raj:

Significance
Evolution of Panchayati Raj:
1. Important Committees: Balwantraj Mehta Committee(1957), Ashok Mehta
Committee(1977), GVK Mehta Committee(1985), LM Singvi Committee(1986).
2. Other Committees: Dantwala Committee on Block-Level Planning(1978),
Hanumanth Rao Committee on District Planning(1984), Administrative
reforms commission of India.
Constitutionalisation of Panchayati Raj: Narasimharao Govt, 73rd Constitutional
Amendment Act.
73rd Amendment Act-1992: Significance(), salient features(gram sabha, 3-tier
syatem, election of members and Chairman, Reservation of Seats, Duration of
Panchayat, Disqualifications, State election Commission, Powers & functions,
Finances, Finance Commission, Audit of Accounts, Application to Union Territories,
Exempted states and Areas, Bar to interference by courts in Electoral Matters, 11th
Schedule)
Compulsory & Voluntary Provisions
PESA Act-1996(Extension Act): Provisions of the Panchayats(Extension to scheduled
Areas)Act-1996, Objectives, Features.
Articles related to Panchayats

Municipalities:

Significance
Evolution of Urban Bodies:
1. Historical Perspective: Lord Ripon(father of local self govt in India); Lord
Ripon's resolution of 1882(Magna Carta of Local Self-Government).
2. Committees & Commissions: To improve the functioning, revitalizing &
strengthening the urban local govt.
Constitutionalisation of Municipalities: Narasimharao Govt, 74rd Constitutional
Amendment Act.
74rd Amendment Act-1992: Salient features(3-types of municipalities, composition,
ward committees, Reservation of seats, Duration of Municipalities, Disqualifications,
State Election Commission, Power & Functions, Finances, Finance Commission, Audit
of Accounts, Application to Union Territories, Exempted Areas, District Planning
Committee, Metropolitan Planning Committee, Bar to Interference by Courts in
Electoral Matters, Twelfth Schedule), Types of Urban Government.
Municipal Personnel: Separate Personnel System, Unified Personnel System,
Integrated Personnel System.
Central Council of Local Government: Deals with Matter of Urban Local Government;
Fuctions

CONSTITUTIONAL BODIES
(Syllabus: Appointment to various Constitutional Posts; Powers, functions &
responsibilities of various Constitutional Bodies)
Election Commission:

Significance:Art-324, Independent & Permanent body, CONST, Free & Fair election,
All India body, not concerned with PRI(state election Commission-PRI).
Composition: Multi-member body, difference of opinion, Term of CEC(6yrs/65 age)
President: Appointment(CEC,EC,REC), Condition of Service & tenure of
office(EC,REC)
Independence: Art-324(independent & impartial functioning), Security of Tenure to
CEC(not in pleasure of Prez), Service condition(not to his disadvantage), Removal of
EC(recommendation of CEC)
Flaws(CONST): No prescribed qualification, No specified term(members of Election
Commission),Not debarred from further appointment to Govt(members of Election
Commission)
Powers & Functions: In regard to elections(to ParliaM, State LegisL, Pres, VicePres) are classified in 3-categories(Administrative, Advisory, Quasi-Judicial)

UPSC:

Significance: Art - 315-323, Central recruiting agency, Independent


constitutional body.
Role: Watch-dog of merit system, its role is Limited & Advisory(not binding on
Govt). its only safeguard is answerability of Govt to ParliaM for not accepting its
recommendation
Composition: Strength of Commission is to Prez discretion(usually 9-11
members), Term(6-yrs/65 age),
President: Appoints-Chairman & Members, determines composition, members
submit their resignation to Prez, Removed by Prez(as per CONST), Can appoint
one of members as Acting Chairman(if office falls Vacant, chairman is absent),
determines conditions of service,
Removal of Chairman: by Prez. Circumstances - if adjudged an
Insolvent(bankrupt), if engages in Paid employment outside his office, unfit to
continue in office due to infirmity of mind & body, misbehavior-interested &
participates in Govt contract (court advise is binding)
Independence: CONSTI safeguards independent & impartial functioning of UPSC.
Security of Tenure to Chairman & members(not in pleasure of Prez), Condition of

service(not to his disadvantage), Expenses from Consolidated fund of


India(can't vote in ParliaM), Chairman not eligible to further employment in
GOI/state, members of UPSC eligible to employment as Chairman of UPSC/SPSC
only, Chairman & members of UPSC not eligible to reappointment to that office.
Functions: Conducts exams(all India services, central services, etc), assists
states in joint recruitment, serves request of states(on request by governor,
approval by Prez), All disciplinary matters of civil servant.
Functions(w.r.t. Govt): Consulting UPSC - Directory but not mandatory,
Jurisdiction of UPSC can be extended by an act of ParliaM, UPSC presents its
annual report to Prez who in turn presents it in both houses of ParliaM(with a
memorandum explaining the why advice of commission was not accepted), an
individual ministry of department has no power to reject advice of UPSC.
Limitations: Matters kept outside functional jurisdiction of UPSC or not
consulted. Reservation for SC, ST,BC in appointments; Prez can exclude Posts,
services and matters from purview of UPSC but such regulation should be laid
before each house of ParliaM for at least 14-days(ParliaM can amend or repeal
them).

SPSC:

Significance: Art-315-323 in Part-14(same as UPSC), state recruiting agency,


independent constitutional body(has edge over SVC).
Role: Watch-dog of merit system in State, its role is Limited & Advisory(not
binding on Govt), advices Govt on Promotion & Disciplinary matters(when
asked), Only safeguard it has is answerability of Govt to state legislature if
recommendation of SPSC are not accepted, it is consulted by Governor for
framing rules to Judicial Services(other than post of District Judge)
Composition: Strength of SPSC is to discretion of Governor, Term(6yrs/62yrs
age)
Governor: Appoints-Chairman & Members, Determines composition, members
submit their resignation to Governor , Can appoint one of members as Acting
Chairman(if office falls Vacant or chairman is absent), determines conditions of
service.
Removal of Chairman: Can be removed only by Prez (Chairman & Members),
Grounds of removal same as UPSC(Insolvent, Paid employment, Infirmity of
mind/body, Misbehavior)
Independence: CONSTI safeguards independent & impartial functioning of SPSC.
Security of Tenure to Chairman & members(Doesn't holds office in pleasure of
Prez), Condition of service(not to his disadvantage), Expenses from
Consolidated fund of State(can't vote in State LegisL), Chairman eligible to
appointment as Chairman/member of UPSC or Chairman of other SPSC,
members of SPSC eligible to appointment as Chairman/member of UPSC or
chairman of that SPSC or other SPSC, Chairman & members of UPSC not eligible
to reappointment to that office(no 2nd term).
Functions: performs same functions as UPSC performs in centre.

Limitations: Matters kept outside functional jurisdiction of UPSC or not


consulted. Reservation for SC, ST,BC in appointments; Governor can exclude
Posts, services and matters from purview of UPSC but such regulation should be
laid before each house of State LegisL for at least 14-days(State LegisL can
amend or repeal them).

JSPSC:
Significance : Established for two or more states. UPSC & SPSC - created directly
by Constitution; JSPSC - created by act of ParliaM. Its Statutory body but not
Constitutional Body.
President: Appoints - Chairman & Members, members submit their resignation
to Prez, Condition of Service
Governor: JSPSC presents Annual Performance Report to each of concerned
state Governor, Governor places the report before State LegisL.

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