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Constitution

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Constitution

The Constitution of India came into effect on January 26, 1950, and is the world's longest constitution. It is considered the supreme law of the country. It provides a framework for all government systems and laws. The Constitution also defines the fundamental rights and duties of the citizens of India. Key leaders of the Union Government such as the President and the Prime Minister derive their powers from the Constitution. As of the year 2020, the Constitution has undergone a total of 104 amendments. 

President

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President

The President of India in their role as head of Legislature has the authority to summon and to dissolve either house of Parliament. to summon and discontinue either house of Parliament. A bill passed by the Parliament turns into law only after the President gives his nod to it. While the President has the authority to return a bill for reconsideration to the Parliament, they have to sign it if the Parliament still chooses to pass the bill (with or without any amendment).

In a parliamentary system, the Council of Ministers depends on the support of the majority in the legislature. They can be removed at any point and a new Council can be brought in to replace them. A situation of this nature requires a Head of the State to step in as they symbolically represent the country and are vested with the authority to appoint the Prime Minister. This is the key role of the President of India. Additionally, if no majority party is established then it is up to the President to select and appoint the Prime Minister.

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Criminal Courts

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Criminal Courts

Under the Code of Criminal Procedure, the Criminal Courts (Sessions Courts) exercise their jurisdiction over criminal matters at the district level. As per the Code of Criminal Procedure, section 225 to 237 address the procedures in a trial before the Sessions Court.

A state government sets up a Sessions Court for every sessions division and it is run by a Sessions Court judge. The High Court of the state is responsible for appointing the judge. In case the office of the Sessions Judge is not filled, the High Court can make space to hear any urgent case matter or application through an Additional or an Assistant Sessions Judge or in case of their their absence, by a Chief Judicial Magistrate (CJM).

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Civil Courts

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Civil Courts

Aside from the High Court of a state, the Civil Courts (District Courts) are the main court of original civil jurisdiction and derive their jurisdiction in civil matters mainly through the code of civil procedure.

The court of the District Judge is the highest followed by the courts of the Sub-Judge, Additional Sub-Judge, and Munsif Courts.  Munsif courts are set up in the sub-divisional and district headquarter. All the civil cases are filed in the court of the Munsif. However, a case appeal from the court of the Munsif can be taken to the court of the Sub-Judge or the Additional Sub-Judge. Further, the appeals from the courts of the Sub-Judges and Additional Sub-Judges lie in the District Court.

A District judge is the head of a District court. They are appointed by the state Governor on the advice of that state's High Courts Chief Justice. Along with the District judge, Additional District judges and Assistant District judges are appointed as per the workload of the District courts. 

In order to become a District judge, one needs to appear for a written examination and oral interview by a panel of High Court judges. Additionally, one needs to be registered at the Bar council and should have practiced as a lawyer for a minimum of 7 years. The state government authorizes the appointment of District judges which is called direct recruitment.

State Executive

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State Executive

The State Executive comprises the Governor and the Council of Ministers along with the Chief Minister. The parliamentary system of the State Executive mirrors that of the Union government. Thus, while the Governor is the ceremonial head, the real powers in the state are with the Chief Minister. The key difference between a state Executive in comparison to the Union government is that the Governor is not elected, either directly or indirectly. Instead, the Governor is appointed by the President of India.

State Police Services

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State Police Services

The State Police Services, simply known as State Police or SPS are police services under the control of respective state governments of the States and union territories of India. The candidates selected for the SPS are usually posted as Deputy Superintendent of Police or Assistant Commissioner of Police once their probationary period ends. On prescribed satisfactory service in the SPS, the officers are nominated to the Indian Police Service.

The State Police is in need of drastic reform. Currently, it is faced with a diverse range of problems such as their outdated governing laws, poor citizen relations, vast capacity gaps, heavy political interference, lack of accountability, and poor working conditions. We summarise these problems and suggested reforms in further detail below:

Area of Concern Summary Problem Summary Solution
Outdated Governing Law
Need: To revisiting the constitution of police forces in the country through legislative changes		 The archaic laws governing Indian police (Indian Police Act of 1861) need to be modified immediately to match the current needs of society. The Police Act 1861 needs to be replaced by suitable legislations which reflect the democratic nature of India’s polity and the changing times. The Model Police Act is a step in this direction, the Supreme Court ordered directives for it's implementation in 2006.
Outdated Governing Law
Need: To revisiting the constitution of police forces in the country through legislative changes		 No unifying Police Act is applicable pan India. The Police Act of 1861 or it's variation are used by various states.
Outdated Governing Law
Need: To revisiting the constitution of police forces in the country through legislative changes		 The Indian Police's role as per the act is a reactive role of mainting law and order instead of protecting human rights. It is essential to reorganize the police and to make it a more efficient instrument for the prevention and detection of crime. State-led efforts are being made on this front.
Outdated Governing Law
Need: To revisiting the constitution of police forces in the country through legislative changes		 Poor Implementation of the 2006 Supreme Court Directives around the Model Police Act. Civil Society interventions are working on monitoring the implementation process and increasing accountability.
Outdated Governing Law
Need: To revisiting the constitution of police forces in the country through legislative changes		 Implementation practices such as hand-cuffing which are argued to be in violation of Human rights. Mandatory handcuffing has been held by the Supreme Court as violation of Article 21 of the Constitution.
However, the Supreme Court directive in the matter was criticized for not being clear, and leaving things open to subjective interpretation.
Capacity Gaps
Need: To improve police ratio in comparison to citizens		 India has one of the lowest per capita police rates. Focus on creation of adequate training facilities with provisions of high quality trainers who are correctly incentivised to become trainers.
Capacity Gaps
Need: To improve police ratio in comparison to citizens		 Owing to capacity gaps, the work load on each existing police personell is too high.
Capacity Gaps
Need: To improve police ratio in comparison to citizens		 Not representative of religious minorities, caste minorities and women. Despite reservation, number remain low and promotions remain biased.
Poor Working Conditions
Need: To improve infrastructure for police personell, and overall work environment		 Most state police forces continue to use obsolete equipment and arms.
Poor Working Conditions
Need: To improve infrastructure for police personell, and overall work environment		 Lack of latest technology that would help in investigation and intelligence-gathering leading to poor case investigation. Along side of improving tech, working on expanding police capacity and separating different departments for different tasks. Technology can also increase transparency
Poor Working Conditions
Need: To improve infrastructure for police personell, and overall work environment		 Poor collection and analysis of preventive intelligence. Continued use of outdated technologie leading to poor quality of investigation. An overall technological upgrade, and scaling-up the use of technology is necessary for improving the performance of police, enhancing tracking systems, and improving communication systems.
Poor Working Conditions
Need: To improve infrastructure for police personell, and overall work environment		 Lack of proper training for police professionals Institutions need to be upgraded in terms of facilities, equipment and technology. Refresher training courses need to be made available to police personnel.
Poor Working Conditions
Need: To improve infrastructure for police personell, and overall work environment		 Policing takes a toll as it is a 24x7 job without any work-life balance. Introducing healthier work hours in the form of shift systems to improve one's quality of life.

NS Hypothesis: Would an improved quality of work-life balance, increase motivation on-the job? Studies can help establish this link.
Poor Working Conditions
Need: To improve infrastructure for police personell, and overall work environment		 Lack of provision of accommodating impacts the quality of one's life Undertake proper utilization of funds, housing construction programmes and assure provision of quality housing for all gazzetted officer along with their families.
Poor Working Conditions
Need: To improve infrastructure for police personell, and overall work environment		 Hard infrastructure needs a total overhaul. Increase in provision of basic facilities while assuring high quality. Ensure complete and proper utilization of allocated funds.
Poor Working Conditions
Need: To improve infrastructure for police personell, and overall work environment		 Lack of growth incentives for constables
Poor Working Conditions
Need: To improve infrastructure for police personell, and overall work environment		 Mishandling of budget allocations Continued audits by CAG, and civil society
Political Interference No set rules and regular leave more scope for political interference
Political Interference The guiding laws undermine the Judiciary, and instead lend power to state gorvernments leading to politicization of the police and undue leaning towards ruling political parties. Strengthening of internal and external accountability measures
Political Interference Biased attitude towards taking action against people with political connections.
Political Interference Police officers who remain unbiased in the face of political interference can often be sujected to unexpected transfers, and dismissals.
Political Interference Exercising political control to ensure an equation of fear is maintained between police and citizens, so as to exploit police officials for political gains.
Political Interference Political Interference leading to frequents transfers, and promotions which are given on the basis of personal preference and not merit. Fix a minimum tenure to avoid ad-hoc transfers
Political Interference Arbitrariness in the appointment of the highest ranking police officer, appointments made on considerations of personal preference and posts held at the caprice of the political executive leading to uncertainty of office and tenure. Accountability in selection of DGP
Lack Accountability
Need: State and civil society led measures which press for higher internal and external accountability		 Lack of accountability measures cause misuse of power to maintain law and order Separation of investigating police from law and order police. Design strong internal accountability measures.
Lack Accountability
Need: State and civil society led measures which press for higher internal and external accountability		 They allow for supporting organized crime
Lack Accountability
Need: State and civil society led measures which press for higher internal and external accountability		 Low accountability leads to decreased filing of FIRs and increaed corruption Designing systems to increase accountability.
Lack Accountability
Need: State and civil society led measures which press for higher internal and external accountability		 No fixed system for performance review adds to low accountability Creating systems for performance appraisals
Lack Accountability
Need: State and civil society led measures which press for higher internal and external accountability		 Lack of accountability in cases of custodial torture/death Role of media and civil society in highlighting key issues and pushing for accountability within the police, and justice from the judiciary in cases of custodial violence
Poor Police, Citizen Relations
Need: To build mutual trust, empathy, respect and strong communication		 Poor police public relations owing to people's lack of faith in the police. Incorporate positive attitude shift trainings compulsarily for all polcie professionals alongside of upskilling. Attending these can be made mandatory for promotions.
Poor Police, Citizen Relations
Need: To build mutual trust, empathy, respect and strong communication		 Fear of engaging with police or any legal proceedings One potential way of improving the linkage between performance management in policing and professional practice is through public participation in policing also known as community or neighbourhood policing. Community policing has certainly been introduced in states and union territories but more needs to be done in this field.
Poor Police, Citizen Relations
Need: To build mutual trust, empathy, respect and strong communication
Poor Police, Citizen Relations
Need: To build mutual trust, empathy, respect and strong communication		 Negative opinion of the police, and high belief that they discriminate based on religion. a peculiar dissonance surrounding policing: even as citizens’ continue to fear the police, they simultaneously show considerable satisfaction with the rule of law. This puzzling coexistence of despair and hope is illustrated through many findings: while a large number of people were willing to approach the police if the need arises, in the same breath they also shared that they do not expect police officers to give them fair and equal treatment (Common Cause) Push for implemntation of 6 key 2006 Supreme Court Directives

Read More: Excel Sheet

Union Government

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Union Government

The Union Government of India mainly comprises of the Executive, the Legislature, and the Judiciary.  Under the Union Government, all powers are vested by the Constitution of India in the Prime Minister, Parliament and the Supreme Court. The President of India is the Head of the state while the elected Prime Minister acts as the head of the executive, and is responsible for running the Union government.

The parliament is bicameral in nature, with the Lok Sabha being the lower house, and the Rajya Sabha the upper house.

The Judiciary comprises of an apex Supreme Court, 25 High Courts, and several District Courts. The basic civil and criminal laws governing the citizens of India are set down in major parliamentary legislation, such as the civil procedure code, the penal code, and the Criminal Procedure code.

Village Assembly (Gram Sabha)

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Village Assembly (Gram Sabha)

The Gram Sabha (Village Council) is the sabha of the electorate. This means that members of the Gram Sabha include all the people who are above the age of 18 years, live in the village and have their names included in the electoral rolls for the Gram Panchayat at the village level.

The Gram Sabha forums are used to discuss matters of local governance and development, and to design need-based plans for the village. It is under the supervision and monitoring of the Gram Sabha that the Gram Panchayat implements various developmental initiatives. All decisions of the Gram Panchayat are routed through the Gram Sabha. None of the decisions can be official and valid if the Gram Sabha does not consent to it.

The decisions taken by the Gram Sabha cannot be annulled by any other body. Only the Gram Sabha has the power to anul its own decisions. Small villages that have a low population can be combined to form one Gram Sabha.

 

Village Level: Gram Panchayat

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Village Level: Gram Panchayat

The Gram Panchayat (Village Council, Village Panchayat) is the only grassroots-level body to be formalized under the PRI's in India at the village or small-town level. 

A Gram Panchayat comprises a total of 7 to 17 members. These members are elected from the wards of the village and are referred to as Panch. A Sarpanch serves as its elected head. The Panch is selected by the village people, and one-third of the total seats are reserved for women. One term served by members of a Gram Panchayat spans 5 years. A Gram Panchyat can be established in a village only if its population consists of at least 300 people who are of voting age (18 years and above).

Following is an indicative list of key functions of a Gram Panchayat:

  1. Constructing and repairing roads in villages
  2. Maintaining street lights
  3. Keeping a record of births, deaths, and marriages in the village
  4. Providing facilities for sanitation and drinking water
  5. Providing free education
  6. Organizing meetings of Gram Sabha and Gram Panchayat
  7. Providing health services and facilities
  8. Implementing development schemes related to agriculture and animal husbandry
  9. Planting trees in and around the village and to protect the environment
  10. Maintaining public parks and playgrounds
  11. Implementing various government schemes

Block Level: Panchayat Samiti

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Block Level: Panchayat Samiti

In the Panchayat Raj Institutions (PRIs), Panchayat Samitis (Block Development Councils, Kshetra Panchayat, Mandal Panchayat, Taluka Panchayat) are rural local governments at the intermediate or block level. Different states refer to them differently. It coordinates the work of the panchayats located in one block.

The diverse rules passed by each state determine the organization and functions of different Panchayat Samitis. The ex-officio members of Zila Parishad become the Chairmen of all the Panchayat Samitis in one district.

One term of a Panchayat Samiti spans over 5 years in all states. Every Panchayat Samiti elects two of its members as Chairperson and Vice-Chairperson in its very first meeting. One-third of a Panchayat Samitis Chairpersonship is reserved for women. Similarly, certain offices of Chairperson are reserved for individuals from Scheduled Castes. The Chairperson can be removed by the members through passing a resolution supported by a two-thirds majority.

A Panchayat Samiti meets a minimum of 6 times in one year. Taking a break of more than 2 months between 2 meetings is not allowed.

Following is an indicative list of key functions of a Panchayat Samiti:

  1. Provision of drinking water in the villages
  2. Development and repair of rural roads
  3. Frame rules and regulations for the markets
  4. Provision of improved seeds and chemical fertilizers, pesticides, agricultural tools, and implements
  5. Promote cottage industries such as handlooms, handicrafts, and traditional art
  6. Ensure welfare of Scheduled Castes, Scheduled Tribes, and Other Backward Classes
  7. Promote self-employment schemes in rural areas