Polity – Medium Level – GK Questions

MCC is not statutory; it's a set of guidelines evolved by consensus among political parties and enforced by EC under Article 324's plenary powers. Violations can lead to EC actions: censure, campaign ban, derecognition, but not criminal prosecution. Supreme Court has upheld EC's power to enforce MCC as part of 'direction and control' of elections.

Article 324(1): EC has plenary power over: (a) Lok Sabha and Rajya Sabha elections, (b) State Legislative Assembly and Council elections, (c) Presidential and Vice-Presidential elections. Includes preparation of electoral rolls, conduct of polls, enforcement of model code, recognition of parties. Makes EC one of world's most powerful election authorities.

Article 324(2): President appoints CEC and ECs. Conventionally, appointments made based on recommendations of selection committee. 2023 Supreme Court judgment (Anoop Baranwal case) mandated selection committee: PM + Leader of Opposition + CJI. Parliament can make alternative law; as of 2024, new law under consideration. Aims to depoliticize appointments.

e-GramSwaraj: Web-based platform for Panchayat planning, accounting, monitoring. Integrates with PFMS for direct fund transfers, GIS for asset mapping, and public dashboards for transparency. Part of Digital India initiative to strengthen grassroots governance through technology. Enhances efficiency, accountability, and citizen access to services.

Research (e.g., Chattopadhyay & Duflo, 2004) indicates women leaders in Panchayats prioritize public goods aligned with women's needs: drinking water, sanitation, education, health. Reservation has also increased women's political participation beyond quotas, challenged gender stereotypes, and empowered women at grassroots. Demonstrates transformative potential of inclusive decentralization.

MGNREGA, 2005: Mandates social audit of works by Gram Sabha to ensure transparency, accountability, and citizen participation. Social audit involves public verification of records, expenditure, beneficiary selection. Has been extended to other schemes. Strengthens grassroots democracy by empowering citizens to monitor local governance.

While 73rd/74th Amendments institutionalized local self-government, implementation gaps persist: (a) Irregular elections in some States, (b) Inadequate devolution of functions/funds/functionaries (3 Fs), (c) Limited capacity building, (d) Political interference in State Election Commissions. Second Administrative Reforms Commission (2007) highlighted need for genuine empowerment. Progress is uneven but significant.

Article 243J: State Legislature may make provisions for maintenance/audit of Panchayat/Municipality accounts. CAG audits only if State law so provides. Most States have local fund audit departments. CAG's role is limited to grants/loans from Consolidated Fund. Ensures accountability while respecting State autonomy over local bodies.

Article 243F: Disqualifications for Panchayat/Municipality membership: (a) As per State law, (b) Subject to Constitution: unsound mind (court declaration), undischarged insolvent, holding office of profit (as State law determines). State Election Commission decides disqualification questions. Balances State flexibility with constitutional safeguards.

Twelfth Schedule (Article 243W): 18 functional items for Municipalities including urban planning, regulation of land use, water supply, public health, slum improvement, urban poverty alleviation, parks, gardens, cemeteries, fire services, vital statistics, etc. States devolve powers/functions to Municipalities by law, enabling effective urban service delivery.

Article 243S: Wards Committees (comprising elected members from wards) mandatory for Municipalities with population of 3 lakhs or more. Facilitates micro-level planning, citizen participation, and accountability. State Legislatures may constitute Wards Committees for smaller Municipalities. Strengthens participatory urban governance.

Article 243T: Reservation in Municipalities mirrors Panchayats: (a) SCs/STs in proportion to population, (b) Not less than 1/3 for women (including within SC/ST quotas), (c) States may reserve for OBCs. Chairperson positions also reserved. Has significantly increased women's representation in urban local governance.

Article 243Q: Three types of Municipalities based on population, density, revenue: (a) Nagar Panchayat (transitional area), (b) Municipal Council (smaller urban area), (c) Municipal Corporation (larger urban area). Cantonment Boards are under Ministry of Defence, governed by Cantonments Act, 2006, not Part IXA.

Eleventh Schedule (Article 243G): 29 functional items for Panchayats including agriculture, land improvement, minor irrigation, rural housing, drinking water, roads, rural electrification, poverty alleviation, education, health, women and child development, etc. States may devolve powers/functions to Panchayats by law. Enables activity mapping for effective decentralization.

Article 243K(2): State Election Commissioner's removal conditions same as High Court Judge (Article 217): by Presidential order after Parliament address with special majority. Ensures independence of State Election Commission from State executive, enabling impartial conduct of local elections. Critical for democratic decentralization.

Article 243E: Panchayat term is 5 years. If dissolved earlier, elections within 6 months; new Panchayat serves only remainder of term. State Election Commission (Article 243K) conducts elections, independent of State government. Ensures regular, free, fair local elections, strengthening grassroots democracy.

Article 243D(3): Reservation of seats: (a) SCs/STs in proportion to population, (b) Not less than 1/3 for women (including within SC/ST quotas), (c) States may reserve for OBCs. Chairperson positions also reserved similarly. 73rd Amendment made India a global leader in women's political representation at local level.

Article 3: Parliament may by law: (a) form new States, (b) increase/decrease State area, (c) alter boundaries/name. Procedure: President refers bill to affected State Legislature(s) for views within specified period; Parliament not bound by views. Ensures federal consultation while preserving Union's power to reorganize States for administrative efficiency.

Article 131 proviso: SC's original jurisdiction in federal disputes excludes matters arising from treaties, agreements, covenants, engagements, sanads entered into before Constitution commencement and continuing thereafter. Such disputes resolved per terms of instrument. Preserves historical arrangements while enabling judicial resolution of new federal conflicts.

NITI Aayog (2015): Governing Council comprises PM (Chairperson), all CMs, UT Lt. Governors. Unlike Planning Commission's top-down approach, NITI Aayog emphasizes 'Team India' with States as partners. Has no constitutional status but institutionalizes cooperative federalism through policy dialogue, best practices sharing, and competitive federalism rankings.