Test: Polity- 4 - Italian MCQ

Evolution of the third tier governance in India

• With the exit of the British, the institutionalisation of local bodies regressed as several Indian states dissolved district councils, bringing their duties and functions within the ambit of state governments, such as in Bihar in 1958.
• However, the fi rst Five Year Plan (1951-56) recognised the importance of decentralised governance, stating that local selfgoverning bodies play a vital role in a democratic system where there is a “proper diffusion of power and responsibility”.
• The impetus for establishing local bodies gained further currency with recommendations from the Balwant Rai Mehta Committee of 1957.
• The Committee emphasised that the central function of local bodies lies in their role in constituting an intermediary between the general public and the government, recommending a three-tier structure of Panchayati Raj (consisting of Zilla Parishads, Panchayati Samitis, and Gram Panchayats) and reservation for women.
• While these recommendations were accompanied by a rise in the number of panchayats—over 200,000 village panchayats were functioning in India by 1959—they were largely ineffective due to a lack of functional and fi nancial autonomy. This led to the recommendations of the Ashok Mehta Committee of 1978 which included direct elections to Panchayats, mandatory quotas for marginalised communities particularly the Scheduled Castes and Scheduled Tribes, and “transfer (of) substantial quantum of powers from the State Government to the local bodies”.
• At the same time, the Constitution (64th Amendment) Bill and The Constitution (65th Amendment) Bill of 1989 were introduced to formally institutionalise local bodies at the national level. The Bills, however, failed to receive enough support in Parliament.

73rd Amendment Act

• After decades of struggles and half starts, fin ally, the Congress-led coalition government in 1992 passed the 73rd and 74th Constitution (Amendments) to lay the legal and constitutional foundation for genuine self-governance in India.
• The 73rd Amendment Act echoed the recommendations of the Balwant Rai Mehta Committee. The 73rd Amendment unveiled three-tier rural institutions: Gram Panchayats at the village level, Panchayat Samitis, and Zilla Parishad at the district level.
• Further, the act mandated direct and regular elections every fi ve years and a mandatory quota for the SCs and STs.
• Importantly, the Act mandated one-third of the seats at all levels of panchayats are reserved for women.
• Apart from recommending the devolution of 29 functions to panchayats, the 73rd Amendment mandated the formation of state fin ance commissions and provision for grants-in-aid from state governments to PRIs.

74th Amendment Act

• Whereas the 74th Amendment Act made provisions for urban local bodies (ULBs) by mandating a three-tier arrangement of ULBs, with Nagar Panchayats in peri-urban areas, Municipal Councils in small towns, and the Municipal Corporations (MCs) in bigger cities/metropolis.
  Much like the 73rd Amendment, the 74th Amendment enables direct elections every fi ve years at the municipality level, with a mandatory quota for SCs and STs apart from reserving one-third of seats for women.
• The Twelfth Schedule - a list of 18 subjects that can be devolved to ULBs in due course—was established. The Act also provides for the creation of a Finance Commission to determine the sharing of taxes, duties, and funds from the State Consolidated Fund.
• Lastly, the government passed the landmark Panchayat Extension to Tribal Areas (PESA) Act in 1996 to extend self-governance to Scheduled and Tribal Areas of the country.
• Signifi cantly, the Act reserves 50 percent of local body seats for STs, while reserving the offic e of chairperson solely for the ST community. In short, these three legislations have formed the key pillars of local self-governance in India, forming the foundations upon which today’s third-tier institutions rest.

Bhuria Committee 

• The Rao government appointed a committee headed by Mr. Dileep Singh Bhuria, MP, in June 1994, to work out the details as to how structures similar to Panchayati Raj Institutions can take shape in Tribal Areas and Scheduled Areas and to defi ne their powers. 
• The Committee submitted its report in January 1995. The Bhuria Committee recommended a three-tier structure of self-governance in the tribal areas: 
  • Gram Sabha - Every “habitation community” to have a Gram Sabha which will exercise command over natural resources, resolve disputes and manage institutions under it like schools and cooperatives 
  • Gram Panchayat - Elected body of representatives of each Gram Sabha, also to function as an appellate authority for unresolved disputes at lower level 
  •  A block or taluka level body as the next higher level.

Panchayat (Extension to Scheduled Areas) Act (or PESA), 1996 

• Village level democracy became a real prospect for India in 1992 with the 73rd amendment to the Constitution, which mandated that resources, responsibility and decision making be passed on from central government to the lowest unit of the governance, the Gram Sabha or the Village Assembly. 
• A three tier structure of local self-government was envisaged under this amendment. Since the laws do not automatically cover the scheduled areas, the PESA Act was in acted on 24 December 1996 to enable Tribal Self Rule in these areas. 
• The Act extended the provisions of Panchayats to the tribal areas of nine states that have Fifth Schedule Areas. 
• The nine states with Fifth Schedule areas are: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Maharashtra, Madhya Pradesh, Orissa, and Rajasthan. 
• The fundamental spirit of the Panchayat Extension Act for tribal areas under 5th Schedule is that it devolves power and authority to Gram Sabha and Panchayats rather than delegation; hence it paves way for participatory democracy. 
• The provision under constitution and the composition under this act call for every legislation on the Panchayat in 5th Schedule area are in conformity with the customary law, social and religious practices and traditional management practices of the community resources. The provisions under PESA include the following: 
  • Gram sabha at the para, majra and tola levels 
  • Gram sabha to protect the traditions, beliefs and culture of the tribal communities 
  • Local disputes to be resolved by the gram sabha 
  • Gram sabha to manage and protect common properties based on their traditional systems of management and protection 
  • The administration to seek permission from the gram sabha in case of land acquisition 
  • Gram sabha to have the rights over minor forest produce; powers to restore land to the tribals; and control over money-lending to tribals, tribal welfare activities by social organizations and local plans and sub-plans for the development of tribal areas and communities
  • Gram sabha to have the control over local markets and melas 
  • Gram sabha to have rights to control the distillation, prohibition and manufacture of liquor 
  •  District panchayats to have rights and powers similar to the district panchayats falling under Sixth Schedule

Urban Local Bodies (ULBs)  

• ULBs are small local bodies that administer or govern a city or a town of specifi ed population. Urban Local Bodies are vested with a long list of functions delegated to them by the state governments. These functions broadly relate to public health, welfare, regulatory functions, public safety, public infrastructure works, and development activities. 
• There are several types of Urban Local bodies in India such as Municipal Corporation, Municipality, Notified Area Committee, Town Area Committee, Special Purpose Agency, Township, Port Trust, Cantonment Board etc. The main sources of revenues of ULBs are as follows: 
  • Collection from tax and non-tax sources as assigned to them under Municipal act. 
  • Devolution of shared taxes and duties as per recommendation of State Finance Commission Grants-in-aid from the State Government
  • Grants-in-aid from the Government of India under Centrally Sponsored Schemes Share of State Govt. of State against Centrally Sponsored Schemes of Govt. of India 
  •  Award of Central Finance Commission Grant, GOI

Eleventh Schedule (Article 243G)  

• The 11th Schedule was added to the Indian Constitution by the 73rd Amendment Act of 1992, which is also known as the Constitution (Seventy-Third Amendment) Act. 
• This amendment aimed to strengthen the Panchayati Raj system in India by empowering local self-government institutions at the village, intermediate, and district levels.
•   The Panchayati Raj system was established to decentralize power and governance, allowing local communities to participate actively in the decision-making processes that affect them. 
• The 11th Schedule outlines the functions and powers to be entrusted to Panchayats (village councils) and highlights the areas in which they can exercise their authority. The functions and powers outlined in the 11th Schedule can be summarized as follows: 
  • Agriculture, including agricultural extension.
  • Land improvement, implementation of land reforms, land consolidation and soil conservation. Minor irrigation, water management and watershed development. 
  • Animal husbandry, dairying and poultry. 
  • Fisheries. 
  • Social forestry and farm forestry. 
  • Minor forest produce. 
  • Small scale industries, including food processing industries. 
  • Khadi, village and cottage industries. 
  • Rural housing
  • Drinking water 
  • Fuel and fodder 
  • Roads, culverts, bridges, ferries, waterways and other means of communication. 
  • Rural electrification, including distribution of electricity. 
  • Non-conventional energy sources. 
  • Poverty alleviation programme 
  • Education, including primary and secondary schools 
  • Technical training and vocational education
  • Adult and non-formal education
  • Libraries 
  • Cultural activities 
  • Markets and fairs 
  • Health and sanitation, including hospitals, primary health centres and dispensaries. 
  • Family welfare. 
  • Women and child development. 
  • Social welfare, including welfare of the handicapped and mentally retarded. 
  • Welfare of the weaker sections, and in particular, of the Scheduled Castes and the Scheduled Tribes. 
  • Public distribution system. 
  • Maintenance of community assets

XIIth Schedule of the Indian Constitution 

• The XIIth Schedule outlines the functional domains and responsibilities of municipalities and urban local bodies. It consists of 18 items that cover a wide range of subjects relating to urban governance. These items are as follows: 
  • Urban planning including town planning. 
  • Planning of land- use and construction of buildings. 
  • Planning for economic and social development. 
  • Roads and bridges. 
  • Water supply for domestic, industrial and commercial purposes. 
  • Public health, sanitation conservancy and solid waste management. 
  • Fire services.
  • Urban forestry, protection of the environment and promotion of ecological aspects. 
  • Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded. 
  • Slum improvement and upgradation. 
  • Urban poverty alleviation. 
  • Provision of urban amenities and facilities such as parks, gardens, playgrounds. 
  • Promotion of cultural, educational and aesthetic aspects. Burials and burial grounds; cremations, cremation grounds and electric crematoriums. 
  • Cattle pounds; prevention of crue;ty to animals. Vital statistics including registration of births and deaths. 
  • Public amenities including street lighting, parking lots, bus stops and public conveniences.  
  • Regulation of slaughter houses and tanneries.

Local Governance 

•  Local governance in India refers to the system of governing at the grassroots level, where local bodies or institutions are responsible for managing and addressing the needs and concerns of the people in their respective areas. 
•  The two primary tiers of local governance in India are the rural local bodies known as Panchayats and the urban local bodies called Municipalities or Municipal Corporations.

Signific ance of Local Governance in India: 

• Decentralization of Power: Local governance ensures the decentralization of power from the central and state governments to the local bodies. This helps in better and more effective management of resources and decision-making at the local level, leading to greater responsiveness to local needs and issues.
• Community Participation: Local governance encourages citizen participation in the decision-making process. It allows people to actively engage with their local representatives and contribute to the development and planning of their communities. 
• Proximity to the People: Local governments are closer to the people they serve, allowing them to have a better understanding of the local issues and challenges. This proximity enables quicker and more accurate identifi cation of problems and implementation of suitable solutions. 
• Service Delivery: Local governance is responsible for providing various essential services like water supply, sanitation, education, healthcare, infrastructure development, and more.
• Effective local governance ensures efficient delivery of these services, leading to an improved quality of life for the citizens. 
• Accountability and Transparency: Local governance fosters a sense of accountability among elected representatives, as they are directly answerable to their constituents. Moreover, transparency in decision-making processes helps in reducing corruption and promoting good governance. 
• Problems Associated with Local Governance in India - Financial Constraints, Administrative Capacity, Political Interference, Inequality and Disparities, Limited Autonomy, Lack of Awareness and Participation, and corruption.

State Election Commission 

•  In India, the State Election Commission (SEC) plays a vital role in ensuring free and fair elections at the state level. It is a constitutional body established under the provisions of the Indian Constitution. 
•  The role of the State Election Commission is primarily focused on conducting elections to the local bodies, such as municipal corporations, municipal councils, panchayats, and other urban and rural local bodies within the state.

Features and functions of the State Election Commission in India:

Constitutional Status 

• The State Election Commission derives its authority from Article 243K and Article 243ZA of the Constitution of India. 
• These articles provide for the establishment and composition of the State Election Commission and its powers and functions.

Independent Body 

• The State Election Commission is intended to be an independent and autonomous body.
• It is not under the control of the state government. 
• The Chief State Election Commissioner and other Election Commissioners are appointed by the Governor of the state, and they are usually retired senior civil servants or judicial officers.

Conducting Elections 

• The primary responsibility of the State Election Commission is to conduct elections to local bodies in the state. 
• This includes preparation of electoral rolls, delimitation of constituencies, issuance of notifications for elections, and supervision of the entire election process.

State Election Commission

• The State Election Commission is responsible for preparing and updating the electoral rolls for local body elections. These rolls include the names of eligible voters in each constituency.
• The SEC is responsible for the delimitation of constituencies for local body elections. This involves the division of a geographical area into various electoral wards, ensuring equitable representation and population balance.
• The State Election Commission issues notifi cations to announce the schedule of elections, the last date for fi ling nominations, and the date of polling and counting.
• The SEC enforces the Model Code of Conduct during the election period.
• This code lays down guidelines for political parties and candidates to ensure fair play and ethical campaigning.
• The State Election Commission also deals with disputes related to local body elections. It adjudicates complaints regarding the conduct of elections, electoral malpractices, and other related issues.
• The SEC has the power of superintendence, direction, and control over all aspects of the conduct of local body elections, ensuring the smooth functioning of the electoral process.
• The State Election Commission may provide advice to the state government on matters related to the conduct of local body elections, electoral reforms, and other election-related issues.

Finance Commission

• Our Constitution has made provision for the creation of Finance Commission under article 280, to recommend devolution of resources from the Center to the States through Tax-Sharing and Grants-inAid, no such Constitutional arrangement was made for a long time since independence for recommending transfer of resources from the State Government to Local Bodies.
• Thus, Local Bodies were handicapped in their functioning and their development because of a number of inadequacies and limitations – Constitutional, institutional, functional and fi nancial.

State Finance Commission

• The role of the State Finance Commission (SFC) in India is enshrined in the Indian Constitution under Article 243-I and Article 243-Y.
• The SFC plays a crucial role in ensuring fi scal autonomy, equity, and effi ciency in the fi nancial affairs of the states.
• It is an important constitutional body that helps in the effective functioning of local governance and promotes decentralization of fi nancial resources. The main functions and responsibilities of the State Finance Commission are as follows:

Distribution of Financial Resources

• One of the primary functions of the SFC is to recommend the distribution of net proceeds of taxes between the state government and the local bodies.
• It suggests the share of revenue that should be allocated to the Panchayats and Municipalities from the state’s consolidated fund.
• This distribution is essential to ensure that local bodies have adequate resources to carry out their functions effectively.

Determining Grants-in-Aid

• The SFC also recommends the grantsin-aid to be given to the Panchayats and Municipalities from the state government’s revenue.
• These grants are meant to supplement the fi nancial resources of the local bodies and bridge any gaps between their revenue generation capacity and expenditure requirements.

Assessing Local Body Finances

• The SFC examines the financial position of Panchayats and Municipalities and makes assessments of their income and expenditure patterns.
• This assessment helps in understanding the fi scal capacity of the local bodies and formulating appropriate fi scal policies.

Reviewing Financial Devolution

• The Commission periodically reviews the fin ancial devolution to local bodies and makes recommendations for the equitable sharing of resources.
• It takes into account the changing needs and responsibilities of local bodies and ensures that they have adequate fi nancial autonomy to carry out their functions.

Rationalization of Local Taxes and Fees

• The SFC suggests measures for improving the revenue base of Panchayats and Municipalities.
• It may recommend rationalization of local taxes, fees, and other sources of revenue to enhance their financial self-suffi ciency.

Fiscal Consolidation and Management

• The Commission also advises on measures to improve fi scal management and governance at the local level.
• It promotes fi scal prudence and effi ciency in the utilization of resources by the Panchayats and Municipalities.

Reporting to the Governor

• After examining the fin ancial aspects of local bodies and considering their financial requirements, the State Finance Commission submits a report to the Governor of the state.
• The report contains its recommendations on fin ancial matters related to local governance.

Administrative relations between Centre and states

• The executive power of the union also extends to giving of direction to the state under Article 256 for their compliance.
• This power of the Union extends to the limit of directing a state in a manner it feels essential for the purpose.
• For instance, the union can give directives to the state pertaining to the construction and maintenance of means of communication declared to be of national or military importance or protection of railways within the state.
• This is essential to ensure the implementation of parliamentary laws throughout the country.
• Non-compliance of the directives might lead to a situation where the union can invoke Article 356, for imposition of President’s rule in the state and take over the administration of state.
• Under the constitutional provision of Article 254 the President may, with the consent of the state government entrust either conditionally or unconditionally to the government, functions relating to any matter falling within the ambit of union executive power.
• Under clause (2), Parliament is also entitled to use the state machinery for the enforcement of the union laws, and confer powers and entrust duties to the state.
• A state can also, with the consent of union government confer administrative functions on the union.

Financial relations between Centre and states

• The areas of taxation have been clearly demarcated between the centre and states. The states have little powers in taxation and are heavily dependent on the centre, for fi nancial resources. The chief source of fi nance of the states is the grants-in-aid from the centre. ‘The seventh schedule of the Constitution provides for specific entries reserved for the union and the states for imposing taxes. The union can levy taxes on the 12 items of Union List (82 to 92 A).
• Similarly, the state list contains 19 items on which states are empowered to conect taxes. The residuary powers in taxation vests with Parliament.
• There is a four-fold classific ation of tax revenues between the union and the states. These are:
• Taxes levied by the union but coIlected and whoIly appropriated by the state (Article 270). These are stamp duties and duties of excise on medicinal and toilet preparations.
• Taxes levied and collected by the centre, but wholly assigned to the states (Article 269). These include duties on succession to property other than agricultural land, estate duty on property other than agricultural land, terminal taxes on goods and passengers (railway, sea or air), taxes on railway fares and freights etc.
• Taxes levied and collected by tile union and distributed between the union and the states (Article 270). This includes taxes on income other than agricultural income.
• Taxes levied and collected by the union but may be shared with the states. This includes the customer and excise duties if parliament by law so provides.

Role of the C&AG in regard to audit:

1. The Comptroller and Auditor General is the sole authority prescribed in the Constitution entrusted with the responsibility of audit of accounts of the Union and of the States.
2. It is the duty of the Comptroller and Auditor General to audit receipts and expenditure of the Union and each State and the Union Territory Governments. 
3. The audit reports of the Comptroller and Auditor General are placed before Parliament or the legislature of the State or the Union Territory, as the case may be.
4. The duties of the Comptroller and Auditor General also extend to audit of Government companies and corporations and bodies and authorities in accordance with the laws made by the legislature and rules made there under.

• Statement 1 is incorrect: He can be removed by the President at any time. He can quit by submitting his resignation only to the President. Since he is appointed by the President on the advice of the Council of Ministers, conventionally he is removed when the council is dissolved or replaced.
• Statement 2 is correct: The First Attorney General of India, M.C. Setalvad, held the position for the longest time—13 years— while Soli Sorabjee held the position for the shortest time. Nevertheless, he was twice appointed to the position.
• Statement 3 is incorrect: The Office of Profit  is used in Article 102 (1)(a) of the Indian Constitution which bars a member of the Indian Parliament from holding an offi ce that would give its occupant the opportunity to gain a fi nancial advantage or benefi t. It refers to a post under central/ state government which yields salaries, perks and other benefi ts.
• There are no such provisions for Attorney general of India. Statement 4 is incorrect: The Law Commission of India is a non-statutory body constituted by the Government of India from time to time.
• The Law Commission undertakes research in law and review of existing laws in India for making reforms therein and enacting new legislations on a reference made to it by the Central Government or suo-motu.
• Law and Legislative Secretaries in the Law Ministry will be the ex-offi cio members of the commission and not the Attorney general of India.
• It will also have not more than fi ve parttime members. A retired Supreme Court judge or Chief Justice of a High Court will head the Commission.

Notes:

Attorney General of India:

• The attorney general is chosen by the President of India. He must be an Indian citizen and have completed 10 years of high court advocacy or 5 years as a judge in any Indian state.
• He may also be regarded as a prominent jurist by the President. The duration of the Attorney General’s appointment is not specifi ed in the Constitution.
• The Constitution is also silent regarding the removal procedure and the justifi cations for removal. As a result, they are subject to the president’s whim and are thus subject to removal at any time.
• He or she can also step down by giving the President a letter of resignation.
• There are no constitutional limitations on the Attorney General’s remuneration, and it is determined at the President’s discretion.

Union Public service commission (UPSC)

• The Full Form of UPSC is Union Public Service Commission. It was established on October 1, 1926, under the name Public Service Commission. After being reconstructed in 1935 under the Government of India Act 1935, the Commission’s name was changed to Federal Public Service Commission.
• It is an important institution in India that plays a signific ant role in the country’s governance and administration.
• It is responsible for conducting prestigious civil service examinations and selecting candidates for various positions in the government.
• The UPSC ensures a fair and meritbased selection process, aiming to recruit individuals with the necessary skills and knowledge to serve the nation effectively.

Joint Public service Commission (JPSC)

• The Union Public Service Commission (UPSC) is the central recruiting agency in India.
• It is an independent constitutional body.
• The provisions regarding the composition of UPSC, appointment and removal of its members and the powers and functions of UPSC are provided in Part XIV of the Indian Constitution under Article 315 to Article 323.
• Parallel to the UPSC at the Centre, there is a State Public Service Commission (SPSC) in the state.
• The provisions regarding the composition of SPSC, appointment and removal of its members and the powers and functions of SPSC are provided in Part XIV of the Indian Constitution under Article 315 to Article 323.
• A JSPSC is a statutory body. It is not a constitutional body. After the creation of Haryana out of Punjab in 1966, the two states of Punjab and Haryana had a JSPSC for a short period.
• The President appoints the chairman as well as the members of a JSPSC.
• In 1926 on the recommendation of Lee Commission (1924), the Federal Public Service Commission was established.
• Government of India Act, 1935 provided for Central Public Service Commissions, State Public Service Commission and Joint Public Service Commission.
• The Constitution makes provision for a JPSC to cater to needs of two or more states.
• JPSC is formed by an act of parliament. Thus, a JSPSC is a statutory and not a constitutional body.
• It submits reports to the concerned State Governors.
• President decides composition, tenure, conditions of service, removal. Chairman and Members have a term of six years or till 62, whichever is earlier.
• They can be suspended or removed by the president, or they can resign by writing to the president. Constitutional Provisions:
• Article 315: Constitution of Public Service Commissions (PSC) for the Union and for the States of India.
• Article 316: Appointment and term of offi ce of members of UPSC as well as SPSC.
  Article 317: Removal and suspension of a member of both the UPSC and SPSC.
• Article 318: Power to make regulations for the conditions of service of members and staff of the Commission.
• Article 319: Prohibition of holding the offi ce by members of Commission upon ceasing to be such members.
• Article 320: States the functions of Public Service Commissions.
• Article 321: Power to extend the functions of Public Service Commissions.
• Article 322: Expenses of Public Service Commissions. Article 323: Reports of Public Service Commissions.

Election Commission as an Electoral management Body

• An EMB is an organization or body that has the sole purpose of, and is legally responsible for, managing some or all of the elements that are essential for the conduct of elections and direct democracy instruments—such as referendums, citizens’ initiatives and recall votes—if those are part of the legal framework. These essential (or core) elements include:
  • determining who is eligible to vote;
  • receiving and validating the nominations of electoral participants (for elections, political parties and/or candidates);
  • conducting polling;
  • counting the votes; and
  • Tabulating the votes.
• If these essential elements are allocated to various bodies, then all bodies that share these responsibilities can be considered EMBs. An EMB may be a stand- alone institution, or a distinct management unit within a larger institution that may also have non-electoral tasks.
• In addition to these essential elements, an EMB may undertake other tasks that assist in the conduct of elections and direct democracy instruments, such as voter registration, boundary delimitation, voter education and information, media monitoring and electoral dispute resolution. However, a body that has no electoral responsibilities other than, for example, boundary delimitation (such as a boundary delimitation commission), electoral dispute resolution (such as an electoral court), election media monitoring (such as a media monitoring commission), or the conduct of voter education and information (such as a civic education commission) is not considered an EMB because it is not managing any of the essential elements identified above.
• Similarly, a national population or statistics bureau that produces electoral registers as part of the general process of population registration is not considered to be an EMB.
• Different EMBs may be established for different electoral processes. In Mexico and Poland, the EMBs are responsible for both presidential and parliamentary elections; in Australia, the national EMB deals with national-level elections, while state-level elections are the responsibility of separate state-level EMBs. In the United Kingdom (UK), the arrangements for the conduct of elections and referendums are separate.
• Some bodies that are not engaged in any of the essential elements of elections may nonetheless be popularly regarded as EMBs. 
• The US Federal Election Commission (FEC) defi nes its mission as ‘administering and enforcing federal campaign fi nance laws’. However, such institutions do not qualify as EMBs under the definition above.
• In addition to the division of functional responsibility for different elements of the electoral process, electoral responsibilities may be divided between bodies at different levels.
• For example, some elements of the conduct of elections may be managed by a nationallevel electoral commission, a ministry (such as the Ministry of the Interior) or a national government agency, while others are implemented by local-level commissions, regional branches of government departments or local authorities (as in Spain).

Finance commission

• The Finance Commission is a constitutional body formed every five years to give suggestions on centre-state fi nancial relations.  Each Finance Commission is required to make recommendations on: (i) sharing of central taxes with states, (ii) distribution of central grants to states, (iii) measures to improve the fi nances of states to supplement the resources of panchayats and municipalities, and (iv) any other matter referred to it.
• Composition of transfers:  The central taxes devolved to states are untied funds, and states can spend them according to their discretion.  Over the years, tax devolved to states has constituted over 80% of the total central transfers to states (Figure 1).  The centre also provides grants to states and local bodies which must be used for specifi ed purposes.  These grants have ranged between 12% to 19% of the total transfers.

GST Council and Working

• On July 1, 2017, GST laws were implemented, replacing a complex web of Central and State taxes. Under the Indian GST, goods and services are categorized into different tax slabs, including 5%, 12%, 18%, and 28%.
• Some essential commodities are exempted from GST, Gold and job work for diamond attract low rate of taxation. Compensation cess is being levied on demerit goods and ceratin luxury items.
• To prepare for the implementation of GST, extensive efforts were made to build the necessary technological infrastructure and train tax offic ials and businesses. GST Network (GSTN), a not-for-profi t company, was created to provide the IT backbone for the GST system, including taxpayer registration, return fi ling, and tax payments.
• Since its implementation, the Indian GST has undergone various amendments and refi nements based on feedback from businesses and the evolving economic scenario. While the GST implementation initially posed challenges for businesses in terms of understanding the new compliance requirements and adapting to the changes, it has gradually settled into the Indian tax landscape.
• It can be said that the history of GST in India showcases a monumental shift in the country’s tax structure, aiming to create a more unifi ed, effi cient, and transparent indirect tax regime for the benefi t of businesses and the economy as a whole.

National Commission for Scheduled Castes (NCSC)

The National Commission for Scheduled Castes is an Indian constitutional body under the jurisdiction of Ministry of Social Justice and Empowerment, Government of India established with a view to provide safeguards against the exploitation of Scheduled Castes and Anglo Indian communities to promote and protect their rights. 

National commission for Women (NCW)

• The National Commission for Women was set up as statutory body in January 1992 under the National Commission for Women Act, 1990 to review the Constitutional and legal safeguards for women; recommend remedial legislative measures, facilitate redressal of grievances and advise the Government on all policy matters affecting women.

Functions of Women Safety Cell:

• Work relating to Project – Violence free homes set up in Delhi and seven other States including monitoring the working of special cells, release of funds for project execution and institutionalization and takeover of the project by the State
• Monitoring of cases of acid attack and matters relating to payment of compensation in such cases in all States and UTs and providing inputs for formulation of Victim Compensation Schemes.
• MIS for Acid Attack Victims

Women Welfare and Capacity Building Cell:

• Formally setup in 2019, WW&CB Cell works on the needs of womencentric interventions to address the most pressing challenges affecting empowering of women at economic, social, cultural and political level.
• The Cell has been conducting various Awareness programs, Workshops, Conferences, Seminars, Competitions, Legal Awareness Programmes, Gender sensitization workshops, capacity building, women empowerment and personality developments programs, etc. for holistic growth of women, individually and also in collaboration with multiple stakeholders.

National Commission for Minorities

• The Ministry of Minority Affairs was carved out of Ministry of Social Justice & Empowerment and created on 29th January, 2006 to ensure a more focused approach towards issues relating to the notified  minority communities namely Muslim, Christian, Budhist, Sikhs, Parsis and Jain.
• The mandate of the Ministry includes formulation of overall policy and planning, coordination, evaluation and review of the regulatory framework and development programmes for the benefit of the minority communities.
• Vision: Empowering the minority communities and creating an enabling environment for strengthening the multiracial, multi-ethnic, multi-cultural, multilingual and multi-religious character of our nation.
• Mission: To improve the socio-economic conditions of the minority communities through affir mative action and inclusive development so that every citizen has equal opportunity to participate actively in building a vibrant nation. To facilitate an equitable share for minority communities in education, employment, economic activities and to ensure their upliftment.

Administration of Scheduled Areas The President is empowered to declare an area to be a scheduled area. He can also increase or decrease its area, alter its boundary lines, rescind such designation or make fresh orders for such re-designation on an area in consultation with the governor of the state concerned.

• The scheduled areas in the country are distinct from other regions due to their population of “aboriginals,” who face social and economic disadvantages.
• Consequently, it is crucial to make special efforts to improve their condition. This leads to a situation where the normal administrative machinery of a state does not fully extend to the scheduled areas, and the Central government assumes greater responsibility for these regions.
• When it comes to executive power, a state has jurisdiction over the scheduled areas. However, the Governor bears specifi c responsibility for these areas.
• It is mandatory for the governor to submit an annual report on the administration of the scheduled areas or provide it whenever requested by the president.
• Furthermore, the Central government possesses the authority to issue directives to the states regarding the administration of these areas.
• The Governor, in consultation with the Tribes Advisory Council, holds the power to formulate regulations aimed at maintaining peace and promoting good governance in the scheduled areas.
• These regulations may include provisions to restrict or prohibit land transfers among scheduled tribe members, regulate land allotment to them, and govern moneylending activities related to the scheduled tribes.
• Additionally, these regulations may repeal or amend any relevant acts of Parliament or state legislature that apply to scheduled areas.
• However, the assent of the president is required for all such regulations to be enacted.

Scheduled Tribes Advisory Council

• In states with scheduled areas, the establishment of a Tribes Advisory
• Council is mandatory to provide guidance on the welfare and progress of the scheduled tribes.
• This council will comprise 20 members, with three- fourths of the seats reserved for representatives of the scheduled tribes in the state legislative assembly.
• Additionally, in states with scheduled tribes but no scheduled areas, the President may direct the formation of a similar council.
• There shall be established in each State having Scheduled Areas therein and, if the President so directs, also in any State having Scheduled Tribes but not Scheduled Areas therein, a Tribes Advisory Council consisting of not more than twenty members of whom, as nearly as may be, three-fourths shall be the representatives of the Scheduled Tribes in the Legislative Assembly of the State:
• It shall be the duty of the Tribes Advisory Council to advice on such matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to them by the Governor.
• Tribes Advisory Councils (TAC) has been constituted in Scheduled Area States of Andhra Pradesh, Chhattisgarh, Gujarat, Jharkhand, Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana.
• Though Tamil Nadu, Uttarakhand and West Bengal do not have any scheduled area, they have also constituted TAC.

Administration of Tribal Areas

• Tribal areas are governed as autonomous districts but remain under the e xecutive authority of the state.
• The state’s Governor has the power to organize and reorganize the a utonomous district, including modifying its area and boundary lines.
• If multiple tribes exist within an autonomous district, the Governor is authorized to divide it into separate autonomous regions.

Criteria for Declaring Schedule Areas

• The criteria followed for declaring an area as Scheduled Area are:
  • Preponderance of tribal population
  • Compactness and reasonable size of the area
  • Under-developed nature of the area
  • Marked disparity in economic standard of the people
• These criteria are not spelt out in the Constitution of India but have become well established. They embody principles followed in declaring ‘Excluded’ and ‘Partially-Excluded’ Areas under the Government of India Act 1935, Schedule B of recommendations of the Excluded and Partially Excluded Areas Sub Committee of Constituent Assembly and the Scheduled Areas and Scheduled Tribes Commission 1961

5th Schedule Areas

• The administration and governance of Scheduled Areas, as well as the welfare of Scheduled Tribes residing in any State other than Assam, Meghalaya, Tripura, and Mizoram, are addressed in the Fifth Schedule of the Constitution.
• However, the Tribal settlements in Kerala, Tamil Nadu, Karnataka, West Bengal, Uttar Pradesh, and Jammu & Kashmir are not covered under the Fifth or Sixth Schedule.
• Currently, there are ten states - Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana—that have areas governed by the provisions of the Fifth Schedule.