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Biju P R is an Internet writer, tracking the trinity of social media, politics and social change and excavating a social media trilogy. Have extensive writings in popular web journals, academic outlets and news portals.  Area of interest includes business and politics, celebrity culture and political class, social media and politics, carbon trading, politics of outsourcing and space politics. Gayathri O  specializes in women studies. Has extensive contributions in the field of social media and politics, especially technology and women.Area of interests includes technology, women and women’s movement.

Book on Finishing: A trilogy on Social media, 1) Clicking Alone: Myth of social media politics (Accepted), 2) Political Internet: Decoding mechanics of change in social media age (peer review), 3) Social politics (Tentative title- On progress- Also my Ph D work)

Books on progress, 1) Celebrity culture in political class (Tentative title)  2) The party women: Identity and women's movement (Tentative title) 3) Politics of offshore outsourcing (Tentative title)
4. The Space Race: The politics of new colonies 

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Friday, November 26, 2010

constitution of India,various offices,commissions,statutory bodies.....

Finance Commission of India- The Constitution of India provides for the establishment of a Finance Commission for the purpose of allocation of certain resources of revenue between the Union and the State Governments.The Finance Commission is established under Article 280 of the Constitution of India by the President.The qualifications, powers and procedures of the Commission itself are regulated by the Finance Commission (Miscellaneous Provisions) Act 1951. Such Commissions are deemed to be civil courts for the purposes of the Code of Criminal Procedure 1898.The Finance Commission is constituted to define financial relations between the Center and the States. Under the provision of Article 280 of the constitution, the President appoints a Finance Commission for the specific purpose of devolution of non-plan revenue resources. The functions of the Commission are to make recommendation to President in respect of:

1. The distribution of net proceeds of taxes to be shared between the union and the states and the allocation of share of such proceeds among the states.

2. The principles which should govern the payment of grant-in-aid by the Center to States.

3. Any other matter concerning financial relations between the Center and the States.

In the above context so far 13 Finance Commissions have been appointed which are as follows:


Finance Commissions Appointed


Finance Commission

Year of Establishment

Chairman

Operational Duration

First

1951

K.C Neogy

1952-57

Second

1956

K.Santhanam

1957-62

Third

1960

A.K. Chanda

1962-66

Fourth

1964

P.V. Rajamannar

1966-69

Fifth

1968

Mahaveer Tyagi

1969-74

Sixth

1972

Brahmn Nand Reddy

1974-79

Seventh

1977

J.M. Shellet

1979-84

Eighth

1983

Y.B. Chavan

1984-89

Ninth

1987

N.K.P.Salve

1989-95

Tenth

1992

K.C Pant

1995-2000

Eleventh

1998

A.M.Khusro

2000-2005

Twelfth

2003

C.Rangarajan

2005-2010

[Thirteenth]http://fincomindia.nic.in

2007

Vijay Kelkar

2010-2015


Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body. The job of delimitation is assigned to a high power body. Such a body is known as Delimitation Commission or a Boundary Commission.In India, such Delimitation Commissions have been constituted 4 times – in 1952 under the Delimitation Commission Act, 1952, in 1963 under Delimitation Commission Act, 1962, in 1973 under DelimitationAct, 1972 and in 2002 under Delimitation Act, 2002.The Delimitation Commission in India is a high power body whoseorders have the force of law and cannot be called in question beforeany court. These orders come into force on a date to be specified by thePresident of India in this behalf. The copies of its orders are laid beforethe House of the People and the State Legislative Assembly concerned,but no modifications are permissible therein by them.

Election Commission of India is an autonomous, quasi-judiciary constitutional body of India. Its mission is to conduct free and fair elections in India. It was established on January 25, 1950[1] under Article 324 of the Constitution of India. The Election Commission is one of the four pillars of the Indian Constitution, the other three being the Supreme Court of India, the Union Public Service Commission and the Comptroller and Auditor General of IndiaStructureThe commission presently consists of a Chief Election Commissioner and two Election Commissioners.Until October 1989, there was just one Chief Election Commissioner. In 1989, two Election Commissioners were appointed, but were removed again in January 1990. In 1991, however, the Parliament of India passed a law providing for the appointment of two Election Commission. This law was amended and renamed in 1993 as the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Amendment Act 1993. The current Chief Election Commissioner is N. Gopalaswami. The current Election Commissioners are Navin Chawla and S.Y. Quraishi.

Powers and Functions-The Election Commission enjoys complete autonomy and is insulated from any kind of executive interference. The body also functions as a quasi-judiciary body in matters of electoral disputes and other matters involving the conduct of elections. Its recommendations and opinions are binding on the President of India. However, the decisions of the body are liable for independent judiciary reviews by courts acting on electoral petitions.The Election Commission is responsible for planning and executing a whole gamut of complex operations that go into the conduct of elections. During the elections, the entire Central (Federal) and State government machinery including para-military forces and the Police is deemed to be on deputation to the Election Commission which takes effective control of personnel, movable and immovable Government Properties it deems necessary for successful completion of the electoral process. The Apart from conducting elections to representative bodies, the Election Commission has been on many occasions, called upon by the Courts to oversee and execute elections to various governing bodies of other autonomous organisations, such as Syndicates of Universities, statutory professional bodies, etc.

The following are the principal functions of the Election Commission of India:


1. Demarcation of Constituencies

2. Preparation of Electoral Rolls

3. Recognition of Political parties and allotment of symbols

4. Scrutiny of nomination papers

5. Conduct of polls

6.Scrutiny of election expenses of candidates


Chief Election Commissioners

The following have held the post of the Chief Election Commissioner of India



Appointment and tenure of commissioners

The President appoints Chief Election Commissioner and Election Commissioners. Chief Election Commissioner and Election Commissioners have tenure of six years, or up to the age of 65 years and 62 years respectively, whichever is earlier. They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India. The Chief Election Commissioner can be removed from office only through impeachment by Parliament.

Union Public Service Commission (UPSC) is a constitutional body in India authorized to conduct examinations for appointment to the various civil services of the Union. The Indian Constitution (Part XIV - Services Under the Union and the states - article no. 315 to 323) provides for a Public Service Commission for the union and a Public Service Commission for each state. The first Public Service Commission was set up on October 1st, 1926 by the then British Indian Government in response to the demands of Indian politicians that the superior Civil Services be Indianized. The functions of this Public Service Commission were largely advisory and, because of this limitation, it failed to satisfy the demands of Indian political parties associated with the struggle for freedom. The British Indian government then set up a Federal Public Service Commission and provided for the formation of provincial level Public Service Commissions under the Government of India Act 1935.The Union Public Service Commission if requested by the Governor of a State, may, with the approval of the President work for the State.

Members of UPSC

The Chairman and other members of the UPSC (Union Public Service Commission) are appointed by the President of India. At least half of the members of the Commission are Civil Servants (working or retired) with minimum ten years of experience either in Central or State service.Every member holds office for a term of six years or until he attains the age of sixty-five years, whichever is earlier.He can submit his resignation at any time to the President of India. He may be removed from his office by the President of India on the ground of misbehaviour or if he is adjudged insolvent, or engages during his term of office in any paid employment outside the duties of his office, or in the opinion of the President unfit to continue in office by reason of infirmity of mind or body.As of September 2008, the commission is headed by Professor D.P. Agrawal, who held the post of Director, Indian Institute of Information technology & Management, Gwalior. In addition to the chairman there are ten other members.

Functions-Functions of the UPSC are to conduct examinations for appointment to the services of the Union.

Recruitment to services & posts under the Union through conduct of competitive examinations;

Recruitment to services & posts under the Central Government by selection through Interviews;

Advising on the suitability of officers for appointment on promotion as well as transfer-on-deputation;

Advising the Government on all matters relating to methods of Recruitment to various services and posts;

Disciplinary cases relating to different civil services; and

Miscellaneous matters relating to grant of extra ordinary pensions, reimbursement of legal expenses etc. ..

The annual list of competitive exams is:


1) Civil Services (Preliminary) Examination

2) Civil Services (Main) Examination

3) Indian Forest Service Examination

4) Indian Engineering Services Examination

5) Geologist Examination

6) Special Class Railway Apprentices Examination

7) National Defence Academy & Naval Academy Examination

8) Combined Defence Services Examination

9) Combined Medical Services Examination

10) Indian Economic Service/Indian Statistical Service Examination

11) Section Officers/Stenographers (Grade-B/Grade-I) Limited Departmental Competitive Examination

12) Central Police Forces (Assistant Commandants) Examination


Recruitment Rules

In accordance with the provisions contained in Article 320 of the Constitution read with the provisions of Union Public Service Commission (Exemption from Consultation) Regulations 1958, Recruitment Rules of all Group ‘A’ and Group ‘B" posts in various Ministries/Departments of Government of India are required to be framed in Consultation with the Commission. Consultation with the Commission is also necessary for framing/amending Recruitment Rules for certain categories of posts under the Employees State Insurance Corporation, The Delhi Municipal Corporation, The New Delhi Municipal Council, Employees Provident Fund Organisation etc. under the relevant Acts made by Parliament in pursuance of the provisions of Article 321.Comptroller and Auditor General of India

Comptroller and Auditor General (CAG) of India- is an authority, established by the Constitution of India, who audits all receipts and expenditure of the Government of India and the state governments, including those of bodies and authorities substantially financed by the government. The CAG is also the external auditor of government-owned companies. The reports of the CAG are taken into consideration by the Public Accounts Committees, which are special committees in the Parliament of India and the state legislatures . The CAG of India is also the head of the Indian Audits and Accounts Service, which has over 58,000 employees across the country.The current CAG of India is Vinod Rai, who was appointed on January 7, 2008. He is the 11th CAG of India. Audit of government accounts (including the accounts of the state governments) in India is entrusted to the CAG of India who is empowered to audit all expenditure from the revenues of the union or state governments, whether incurred within India or outside. Specifically, audits include:

1) Transactions relating to debt, deposits, remittances, Trading, and manufacturing

2) Profit and loss accounts and balance sheets kept under the order of the President or Governors

3) Receipts and stock accounts.

Planning Commission is an institution in the Government of India, which formulates India's Five-Year Plans, among other functions.Rudimentary economic planning, deriving the sovereign authority of the state, first began in India in 1930s under the British Raj, and the colonial government of India formally established a planning board that functioned from 1944 to 1946. Private industrialists and economist formulated at least three development plans in 1944.After India gained independence, a formal model of planning was adopted, and the planning commission, reporting directly to the Prime Minister of India was established. Accordingly, the Planning Commission was set up on 15 March 1950, with Prime Minister Jawahar Lal Nehru as the chairman.

Organisation-The composition of the Commission has undergone a lot of change since its inception. With the Prime Minister as the ex-officio Chairman, the committee has a nominated Deputy Chairman, who is given the rank of a full Cabinet Minister. Mr. Montek Singh Ahluwalia is presently the Deputy Chairman of the Commission.Cabinet Ministers with certain important portfolios act as part-time members of the Commission, while the full-time members as experts of various fields like Economics, Industry, Science and General Administration.The Commission works through its various divisions, of which there are three kind:


1. General Planning Divisions

2. Programme Administration Divisions


The majority of experts in the Commission are economists, making the Commission the biggest employer of the Indian Economic Services.

Functions

1) Assessment of resources of the country

2) Formulation of Five-Year Plans for effective use of these resources

3) Determination of priorities, and allocation of resources for the Plans

4) Determination of requisite machinery for successful implementation of the Plans

5) Periodical appraisal of the progress of the Plan

6) To formulate plans for the most effective and balanced utilization of country's resources.

7) To indicate the factors which are hampering economic development.

8) To determine the machinery, which will be necessary for the successful implementation of each stage of plan.

Administrative Reforms Commission-The Administrative Reforms Commission or ARC is the committee appointed by Government of India for giving recommendations for revamping the public administration system. The commission was formed in 1996 under the initial chairmanship of Shri Moraji Desai.[1] The president's proclamation is "...The President is pleased to set up a Commission of Inquiry to be called the second Administrative Reforms Commission (ARC) to prepare a detailed blueprint for revamping the public administration system...." "Government resolution". http://arc.gov.in/resolution.htm.

Members


1. Shri Veerappa Moily - Chairperson

2. Shri V. Ramachandran - Member

3. Dr. A.P. Mukherjee - Member

4. Dr. A.H. Kalro - Member

5. Dr. Jayaprakash Narayan - Member

6. Smt. Vineeta Rai - Member-Secretary


The mandate-According to the proclamation:The Commission will suggest measures to achieve a proactive, responsive, accountable, sustainable and efficient administration for the country at all levels of the government. The Commission will, inter alia, consider the following : (i) Organisational structure of the Government of India (ii) Ethics in governance (iii) Refurbishing of Personnel Administration (iv) Strengthening of Financial Management Systems (v) Steps to ensure effective administration at the State level (vi) Steps to ensure effective District Administration (vii) Local Self-Government/Panchayati Raj Institutions (viii) Social Capital, Trust and Participative public service delivery (ix) Citizen-centric administration (x) Promoting e-governance (xi) Issues of Federal Polity (xii) Crisis Management (xiii) Public Order

Excluded subjects form purview-According to the proclamation: "...The Commission may exclude from its purview the detailed examination of administration of Defence, Railways, External Affairs, Security and Intelligence, as also subjects such as Centre-State relations, judicial reforms etc. which are already being examined by other bodies. The Commission will, however, be free to take the problems of these sectors into account in recommending re-organisation of the machinery of the Government or of any of its service agencies...."

Organisation of ARC-According to the proclamation: "...The Commission will devise its own procedures (including for consultations with the State Government as may be considered appropriate by the Commission), and may appoint committees, consultants/advisers to assist it. The Commission may take into account the existing material and reports available on the subject and consider building upon the same rather than attempting to address all the issues ab initio..."

"...The Ministries and Departments of the Government of India will furnish such information and documents and provide other assistance as may be required by the Commission. The Government of India trusts that the State Governments and all others concerned will extend their fullest cooperation and assistance to the Commission...."

Submission of report.According to the proclamation: "...The Commission will furnish its report(s) to the Ministry of Personnel, Public Grievances & Pensions, Government of India, within one year of its constitution..."

Central Administrative Tribunal has been established for adjudication of disputes with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other local authorities within the territory of India or under the control of Government of India and for matters connected therewith or incidental thereto. This was done in pursuance of the amendment of Constitution of India by Articles 323A. In the statement of objects and reasons on the introduction of the Administrative Tribunals Act, 1985, it was mentioned that the setting up of such Administrative Tribunals exclusively would go a long way in reducing the burden on the various courts and reduce pendency and would also provide to the persons covered by the Administrative Tribunals a speedy and relatively cheap and effective remedy. In addition to Central Government employees, the Government of India has notified 45 other organizations to bring them within the jurisdiction of the Central Administrative Tribunal. The provisions of the Administrative Tribunals Act, 1985 do not, however, apply to members of paramilitary forces, armed forces of the Union, officers or employees of the Supreme Court, or to persons appointed to the Secretariat Staff of either House of Parliament or the Secretariat staff of State/Union Territory Legislatures.A Chairman who has been a sitting or retired Judge of a High Court heads the Central Administrative Tribunal. Besides the Chairman, the authorized strength consists of 16 Vice-Chairmen and 49 Members. The conditions of service of Chairman, Vice-Chairmen and Members are governed by the provisions of the Central Administrative Tribunal (Salaries and Allowances and Conditions of Service of Chairman, Vice-Chairmen and Members), Rule, 1985, as amended from time to time. As per Rule 15-A, notwithstanding anything contained in Rule 4 to 15 of the said Rules, the conditions of service and other perquisites available to the Chairman and Vice-Chairmen of the Central Administrative Tribunal shall be same as admissible to a serving Judge of a High Court as contained in the High Court Judges (Conditions of Service) Act, 1954 and High Court Judges (Traveling Allowances) Rules, 1956, as amended from time to time

The National Commission for Women was set up as statutory body in January 1992 under the National Commission for Women Act, 1990 ( Act No. 20 of 1990 of Govt.of India ) to :


1. review the Constitutional and Legal safeguards for women ;

2. recommend remedial legislative measures ;

3. facilitate redressal of grievances and

4. advise the Government on all policy matters affecting women.


In keeping with its mandate, the Commission initiated various steps to improve the status of women and worked for their economic empowerment during the year under report. The Commission completed its visits to all the States/UTs except Lakshdweep and prepared Gender Profiles to assess the status of women and their empowerment. It received a large number of complaints and acted suo-moto in several cases to provide speedy justice. It took up the issue of child marriage, sponsored legal awareness programmes, Parivarik Mahila Lok Adalats and reviewed laws such as Dowry Prohibition Act, 1961, PNDT Act 1994, Indian Penal Code 1860 and the National Commission for Women Act, 1990 to make them more stringent and effective. It organized workshops/consultations, constituted expert committees on economic empowerment of women, conducted workshops/seminars for gender awareness and took up publicity campaign against female foeticide, violence against women, etc. in order to generate awareness in the society against these social evils.

Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964 to address governmental corruption. It has the status of an autonomous body, free of control from any executive authority, charged with monitoring all vigilance activity under the Central Government of India, and advising various authorities in central Government organizations in planning, executing, reviewing and reforming their vigilance work.It was set up by the Government of India in February, 1964 on the recommendations of the Committee on Prevention of Corruption, headed by Shri K. Santhanam, to advise and guide Central Government agencies in the field of vigilance. Nittoor Srinivasa Rau, was selected as the first Chief Vigilance Commissioner of India.The Annual Report of the CVC not only gives the details of the work done by it but also brings out the system failures which leads to corruption in various Departments/Organisations, system improvements, various preventive measures and cases in which the Commission's advises were ignored etc.The CVC is not an investigating agency, and it either gets the investigation done through the CBI or through the Departmental Chief Vigilance Officers.

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