INDIAN POLITY II – GOVERNANCE & BODIES

Weightage: 5
1

PARLIAMENT AND THE ANTI-DEFECTION LAW

(10th SCHEDULE)
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➔ Core Principle/Rule: The 10th Schedule was added by the 52nd Amendment Act (1985) to prevent the "Aaya Ram, Gaya Ram" culture of political defections. It lays down the strict legal grounds on which a Member of Parliament (MP) or Member of Legislative Assembly (MLA) can be disqualified for defection.

➔ Deep-Dive Facts:

  • Disqualification Grounds: An elected member is disqualified if they voluntarily give up the membership of their political party, or if they vote (or abstain from voting) in the House against the explicit directions (Whip) issued by their party without prior permission.
  • The Merger Exception (91st Amendment): Defection laws do not apply if a party "merges" with another party. However, this is only legally valid if at least two-thirds (2/3rds) of the members of the legislative party agree to the merger.
  • The Deciding Authority: The absolute authority to decide questions of disqualification rests with the Presiding Officer of the House (The Speaker or the Chairman), not the President or the Election Commission.
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UPSC Trap / Watch Out: A classic PYQ asks: "Is the decision of the Speaker regarding disqualification under the 10th Schedule final and immune from judicial review?" Distractor options will claim the Speaker's word is absolute. The strict constitutional answer, established by the landmark Kihoto Hollohan case (1992), is No. The Speaker acts as a tribunal, and their final decision is completely subject to Judicial Review by the High Court and Supreme Court.
2

THE JUDICIARY (SUPREME COURT VS. HIGH COURT WRIT JURISDICTION)

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➔ Core Principle/Rule: The Constitution grants both the Supreme Court and the High Courts the power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto) to protect the rights of citizens, but their jurisdictions are fundamentally different in scope.

➔ Deep-Dive Facts:

  • Supreme Court (Article 32): Can issue writs strictly for the enforcement of Fundamental Rights only. It cannot issue writs for any other legal or administrative right.
  • High Courts (Article 226): Can issue writs for the enforcement of Fundamental Rights AND for any other purpose (e.g., enforcing an ordinary legal right or an administrative service rule).
  • Territorial Jurisdiction: The Supreme Court can issue a writ against a person or government anywhere within the territory of India. A High Court can only issue a writ within its own territorial jurisdiction (or outside if the cause of action arises within its territory).
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UPSC Trap / Watch Out: The Commission rigorously tests the paradox of writ power. A situational question will ask: "Which court possesses a wider jurisdiction regarding the issuing of writs?" Candidates reflexively choose the Supreme Court because it is the apex court. The strict legal answer is the High Court (Article 226), because its writ power extends beyond Fundamental Rights to ordinary legal rights, making its scope significantly wider than the Supreme Court's Article 32 power.
3

THE DELHI CONTEXT (ARTICLE 239AA AND THE GNCTD ACT)

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➔ Core Principle/Rule: The National Capital Territory of Delhi is uniquely structured. It is neither a full State nor a standard Union Territory. Article 239AA (added by the 69th Amendment, 1991) granted Delhi a Legislative Assembly, but severely restricted its powers.

➔ Deep-Dive Facts:

  • The Three Reserved Subjects: The Delhi Legislative Assembly can make laws on all matters in the State List and Concurrent List except three subjects: Public Order, Police, and Land. These remain under the absolute control of the Central Government (via the Lieutenant Governor).
  • The Services Clash (2023 Amendment): Following intense legal battles over who controls civil servants (including Principals and Education Directors), the Parliament passed the GNCTD (Amendment) Act 2023. It created the National Capital Civil Service Authority (NCCSA).
  • The NCCSA Structure: This authority recommends transfers and postings of all Group A officers and DANICS officers in Delhi. It consists of the Chief Minister (Chairperson), the Chief Secretary, and the Principal Home Secretary. Decisions are strictly by majority, but the Lieutenant Governor (LG) holds the final veto power.
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UPSC Trap / Watch Out: A highly specific administrative PYQ for Delhi-based exams will ask: "Under the GNCTD framework, if there is a difference of opinion between the Delhi Cabinet and the Lieutenant Governor (LG) on an educational policy, whose decision prevails?" Distractor options will claim the elected Chief Minister has the final say. The strict constitutional answer is that the LG must refer the dispute to the President of India, and the decision of the President (acting on the advice of the Union Cabinet) is final and binding.
4

CONSTITUTIONAL vs. STATUTORY vs. EXECUTIVE BODIES

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➔ Core Principle/Rule: The power and independence of an apex national body depend entirely on its legal origin.

➔ Deep-Dive Facts:

  • Constitutional Bodies: Created directly by the text of the Constitution. They possess the highest degree of independence.
    • Examples: Election Commission (Art 324), UPSC (Art 315), Finance Commission (Art 280), CAG (Art 148).
  • Statutory Bodies: Created by an Act of Parliament. They can be modified or abolished simply by passing a new law.
    • Examples: National Human Rights Commission (NHRC), NCTE, RCI, Central Information Commission (CIC).
  • Executive Bodies (Non-Constitutional / Non-Statutory): Created merely by an executive resolution or order of the Government.
    • Example: NITI Aayog (which replaced the Planning Commission).
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UPSC Trap / Watch Out: The Commission loves trapping candidates with NITI Aayog. A PYQ will ask to identify a statutory body from a list, including NITI Aayog. Because it is a powerful national think-tank, candidates often guess it has statutory backing. The strict answer is that NITI Aayog is neither constitutional nor statutory; it is purely an executive body.
5

LOCAL GOVERNANCE (73rd and 74th AMENDMENTS)

➔ Core Principle/Rule: These amendments fundamentally democratized grassroots governance, making a three-tier system of Panchayats (rural) and Municipalities (urban) mandatory across India.

➔ Deep-Dive Facts:

  • Three-Tier System: Village level, Intermediate (Block) level, and District level. (States with a population of less than 20 lakhs are exempt from creating the intermediate level).
  • State Election Commission: Created strictly to conduct local body elections. (The national Election Commission of India has zero jurisdiction over Panchayat or Municipal elections).
  • Reservation of Seats:
    • SC/ST reservations are strictly proportional to their population in the area.
    • Women's Reservation: Not less than one-third (33%) of the total number of seats must be reserved for women.
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UPSC Trap / Watch Out: Distractor options will claim that "The 73rd Amendment mandates a 50% reservation for women in Panchayats." This is historically and constitutionally false. While several individual States (like Bihar and MP) have voluntarily increased the quota to 50% through State laws, the strict baseline mandate enshrined in the Constitution by the 73rd Amendment remains one-third (1/3rd).
QUICK REFERENCE: GOVERNANCE & BODIES MATRIX
BODY / CONCEPT SOURCE OF POWER KEY UPSC ADMINISTRATIVE TRAP
Speaker's Decision (10th Schedule) Constitutional (52nd Amendment) Not immune from Judicial Review.
Supreme Court Writ Power Article 32 Can strictly enforce only Fundamental Rights, not ordinary rights.
High Court Writ Power Article 226 Wider scope than the SC; can enforce ordinary legal rights as well.
GNCTD Services Control GNCTD Amendment Act 2023 Controlled by NCCSA; LG retains final veto power.
NITI Aayog Executive Resolution Completely Non-Statutory and Non-Constitutional.
Local Body Elections 73rd & 74th Amendments Conducted exclusively by the State Election Commission, not the ECI.