Datasets:
jbp123
/
hello

Dataset card Data Studio Files Community
1
instruction
stringlengths
1
84
input
stringlengths
1
85
output
stringlengths
1
83
10. The governor can appoint a commission to examine and
report on any matter relating to the administration of the
autonomous districts or regions. He may dissolve a district
or regional council on the recommendation of the
commission.
Table 41.1 Tribal Areas at a Glance (2019)
States Tribal Areas
1. Assam 1. The North Cachar Hills District.
2. The Karbi Anglong District.
2. Meghalaya 1. Khasi Hills District.
2. Jaintia Hills District.
3. The Garo Hills District.
3. Tripura Tripura Tribal Areas District.
4. Mizoram 1. The Chakma District.
2. The Mara District.
3. The Lai District.
Table 41.2 Articles Related to Scheduled and Tribal Areas at a
Glance
Article No. Subject-matter
244. Administration of Scheduled Areas and Tribal
Areas
244A. Formation of an autonomous state comprising
certain tribal areas in Assam and creation of local
legislature or Council of Ministers or both therefore
339. Control of the Union over the administration of
Scheduled Areas and the welfare of Scheduled
Tribes
Table 41.3 Parliamentary Laws Related to the Fifth and Sixth
Schedules of the Constitution
Sl. Acts Provisions
No.
1. Lushai Hills District Renamed the Lushai Hills District
(Change of Name) as the Mizo District. The Lushai
Act, 1954 Hills District was one of the six
autonomous districts in the tribal
areas of Assam specified in the
Sixth Schedule of the Constitution.
2. Government of Amended the Sixth Schedule of the
Union Territories constitution to include certain
(Amendment) Act, autonomous districts and
1971 autonomous regions of the Union
Territory of Mizoram.
3. Repealing and Repealed certain enactments and
Amending Act, 1974 amended certain other enactments.
It also substituted the words “cattle
pounds” for “cattle ponds” in the
Sixth Schedule of the Constitution.
4. Fifth Schedule to the Empowered the President of India:
Constitution (i) to increase the area of any
(Amendment) Act, Scheduled Area in a State after
1976 consultation with the Governor of
that state; and (ii) to rescind any
order made for the designation of
an area in any state to be a
Scheduled Area, or in consultation
with the Governor of the State
concerned, make fresh order
redefining the area which is to be a
Scheduled Area.
5. Sixth Schedule to Included certain modifications in the
the Constitution Sixth Schedule of the Constitution
(Amendment) Act, in its application to the States of
1988 Tripura and Mizoram. These (i)
provided that the Governors shall
act in their discretion in the
discharge of some of their
functions; (ii) made provisions
relating to the application of Acts of
Parliament and the State
Legislatures to autonomous
districts and autonomous regions;
and (iii) provided for a time-limit in
making over the share of royalties
to the District Councils.
6. Sixth Schedule to Included certain modifications in the
(Amendment) Act, in its application to the State of
1995 Assam. These (i) provided that the
District Council constituted for the
North Cachar Hills District shall be
called as the North Cachar Hills
Autonomous Council and the
District Council constituted for the
Karbi-Anglong District shall be
called as the Karbi-Anglong
Autonomous Council; (ii) made
provisions for the additional powers
of the North Cachar Hills
Autonomous Council and the Karbi-
Anglong Autonomous Council to
make laws; and (iii) made it
mandatory for the Governor to
consult the North Cachar Hills
Autonomous Council or the Karbi-
Anglong Autonomous Council, as
the case may be, in the exercise of
his discretionary powers.
7. Sixth Schedule to Included certain modifications in the
the Constitution Sixth Schedule of the Constitution
(Amendment) Act, in its application to the State of
2003 Assam. This was done to meet the
aspirations of the Bodos in Assam
and in pursuance of the
Memorandum of Settlement signed
between the Central Government,
the Government of Assam and
Bodo Liberation Tigers (BLT) on
10–02-2003 for a durable solution
to the Bodo issues. In this context,
the Act made the following
provisions : (i) specified the
Bodoland Territorial Areas District in
autonomous selfgoverning body
known as the Bodoland Territorial
Council (BTC) within the state of
Assam; (iii) vested the council with
legislative, administrative and
financial powers in respect of
specified subjects; and (iv) provided
for adequate safeguards for the
non-tribals in the BTC area.
NOTES AND REFERENCES
1. At present (2019), ten states of India have scheduled
areas. These are: Andhra Pradesh, Telangana,
Jharkhand, Chhattisgarh, Gujarat, Himachal Pradesh,
Madhya Pradesh, Maharashtra, Odisha and Rajasthan.
2. M.P. Jain, Indian Constitutional Law, Wadhwa, Fourth
Edition, 1987, p. 236.
3. Ibid, p. 237.
4. Presently (2019), there are a total of ten tribal areas.
See Table 41.1.
5. The power of direction, in this regard, lies either with the
president or governor. Thus, in the case of Assam, it lies
with the Governor, both in respect of acts of Parliament
or state legislature. In the case of Meghalaya, Tripura
and Mizoram, it lies with the president in respect of acts
PART-VII
CONSTITUTIONAL BODIES
42. Election Commission
43. Union Public Service Commission
44. State Public Service Commission
45. Finance Commission
46. Goods and Services Tax Council
47. National Commission for SCs
48. National Commission for STs
49. National Commission for BCs
50. Special Officer for Linguistic Minorities
51. Comptroller and Auditor General of India
42 Election Commission
T
he Election Commission is a permanent and an
independent body established by the Constitution of India
directly to ensure free and fair elections in the country.
Article 324 of the Constitution provides that the power of
superintendence, direction and control of elections to parliament,
state legislatures, the office of president of India and the office of
vice-president of India shall be vested in the election commission.
Thus, the Election Commission is an all-India body in the sense
that it is common to both the Central government and the state
governments.
It must be noted here that the election commission is not
concerned with the elections to panchayats and municipalities in
the states. For this, the Constitution of India provides for a
COMPOSITION
Article 324 of the Constitution has made the following provisions
with regard to the composition of election commission:
1. The Election Commission shall consist of the chief election
commissioner and such number of other election
commissioners, if any, as the president may from time to
time fix.
2. The appointment of the chief election commissioner and
other election commissioners shall be made by the
president.
3. When any other election commissioner is so appointed, the
chief election commissioner shall act as the chairman of the
election commission.
4. The president may also appoint after consultation with the
election commission such regional commissioners as he
may consider necessary to assist the election commission.
5. The conditions of service and tenure of office of the election
commissioners and the regional commissioners shall be
determined by the president.
Since its inception in 1950 and till 15 October 1989, the election
commission functioned as a single member body consisting of the
Chief Election Commissioner. On 16 October 1989, the president
appointed two more election commissioners to cope with the
increased work of the election commission on account of lowering
of the voting age from 21 to 18 years.2 Thereafter, the Election
Commission functioned as a multimember body consisting of
three election commissioners. However, the two posts of election
commissioners were abolished in January 1990 and the Election
Commission was reverted to the earlier position. Again in October
1993, the president appointed two more election commissioners.
Since then and till today, the Election Commission has been
functioning as a multi-member body consisting of three election
commissioners.
The chief election commissioner and the two other election
commissioners have equal powers and receive equal salary,
allowances and other perquisites, which are similar to those of a
judge of the Supreme Court.3 In case of difference of opinion
amongst the Chief Election Commissioner and/or two other
election commissioners, the matter is decided by the Commission
by majority.
They hold office for a term of six years or until they attain the
age of 65 years, whichever is earlier. They can resign at any time
INDEPENDENCE
Article 324 of the Constitution has made the following provisions
to safeguard and ensure the independent and impartial
functioning of the Election Commission:
1. The chief election commissioner is provided with the security
of tenure. He cannot be removed from his office except in
same manner and on the same grounds as a judge of the
Supreme Court. In other words, he can be removed by the
president on the basis of a resolution passed to that effect
by both the Houses of Parliament with special majority,
either on the ground of proved misbehaviour or incapacity.
Thus, he does not hold his office till the pleasure of the
president, though he is appointed by him.
2. The service conditions of the chief election commissioner
cannot be varied to his disadvantage after his appointment.
3. Any other election commissioner or a regional commissioner
cannot be removed from office except on the
recommendation of the chief election commissioner.
Though the constitution has sought to safeguard and ensure
the independence and impartiality of the Election Commission,
some flaws can be noted, viz.,
1. The Constitution has not prescribed the qualifications (legal,
educational, administrative or judicial) of the members of the
Election Commission.
2. The Constitution has not specified the term of the members
of the Election Commission.
3. The Constitution has not debarred the retiring election
POWERS AND FUNCTIONS
The powers and functions of the Election Commission with regard
to elections to the Parliament, state legislatures and offices of
President and Vice-President can be classified into three
categories, viz,
1. Administrative
2. Advisory
3. Quasi-Judicial
In detail, these powers and functions are:
1. To determine the territorial areas of the electoral
constituencies throughout the country on the basis of the
Delimitation Commission Act of Parliament.4
2. To prepare and periodically revise electoral rolls and to
register all eligible voters.
3. To notify the dates and schedules of elections and to
scrutinise nomination papers.
4. To grant recognition to political parties and allot election
symbols to them.
5. To act as a court for settling disputes related to granting of
recognition to political parties and allotment of election
symbols to them.
6. To appoint officers for inquiring into disputes relating to
electoral arrangements.
7. To determine the code of conduct to be observed by the
parties and the candidates at the time of elections.
8. To prepare a roster for publicity of the policies of the political
parties on radio and TV in times of elections.
9. To advise the president on matters relating to the
disqualifications of the members of Parliament.
10. To advise the governor on matters relating to the
disqualifications of the members of state legislature.
11. To cancel polls in the event of rigging, booth capturing,
violence and other irregularities.
13. To supervise the machinery of elections throughout the
country to ensure free and fair elections.
14. To advise the president whether elections can be held in a
state under president’s rule in order to extend the period of
emergency after one year.
15. To register political parties for the purpose of elections and
grant them the status of national or state parties on the basis
of their poll performance5 .
The Election Commission is assisted by deputy election
commissioners. They are drawn from the civil service and
appointed by the commission with tenure system. They are
assisted, in turn, by the secretaries, joint secretaries, deputy
secretaries and under secretaries posted in the secretariat of the
commission.
At the state level, the Election Commission is assisted by the
chief electoral officer who is appointed by the chief election
commissioner in consultation with the state government. Below
this, at the district level, the collector acts as the district returning
officer. He appoints a returning officer for every constituency in the
district and presiding officer for every polling booth in the
constituency.
VISION, MISSION AND PRINCIPLES6
Vision
The Election Commission of India strives to be an Institution of
Excellence by enhancing active engagement, participation; and
deepening and strengthening electoral democracy in India and
globally.
Mission
The Election Commission of India maintains independence,
integrity and autonomy; ensures accessibility, inclusiveness, and
ethical participation of stakeholders; and, adopts highest
standards of professionalism for delivering free, fair, and
transparent elections to strengthen the trust in electoral
democracy and governance.
Guiding Principles
The Commission has laid down for itself guiding principles of good