← UPPCS syllabus
UPPCS (Uttar Pradesh)Stage 2: Main Examination
Executive, Judiciary, Ministries, Pressure Groups and Public Interest Litigation
What the official syllabus says
Main Examination, General Studies II:
- Structure, organization and functioning of the Executive and the Judiciary: Ministries and Departments of the Government, Pressure groups and formal/informal associations and their role in the Polity, Public Interest Litigation (PIL).
Topics in detail
The Union and state executive
- President: election by an electoral college (Articles 54 and 55), powers (executive, legislative, financial, judicial, emergency), veto (absolute, suspensive, pocket), pardoning power (Article 72), ordinances (Article 123), impeachment (Article 61)
- Aid and advice of the Council of Ministers (Article 74), made binding by the 42nd Amendment, with one reconsideration allowed by the 44th Amendment
- Vice-President: election and functions
- Prime Minister and Council of Ministers (Articles 74 and 75): collective responsibility; size limited to 15% of the Lok Sabha by the 91st Amendment; cabinet and cabinet committees
- Attorney General (Article 76)
- State executive: Governor (Articles 153 to 167), discretionary powers, Chief Minister and Council of Ministers (Article 164), Advocate General (Article 165)
Ministries and Departments of the Government
- Government of India (Allocation of Business) Rules, 1961 and (Transaction of Business) Rules, 1961
- Cabinet Secretariat and the Cabinet Secretary; Prime Minister's Office
- Structure of a ministry: minister, secretary, additional and joint secretaries, directors; attached and subordinate offices
- State secretariat and the Chief Secretary; directorates; district administration and the District Magistrate
- Reforms: lateral entry, Mission Karmayogi, rationalisation and merger of ministries
The Judiciary
- Supreme Court (Articles 124 to 147): composition, appointment of judges (the collegium system), removal
- Jurisdiction: original (Article 131), writ (Article 32), appellate, special leave (Article 136), advisory (Article 143), review (Article 137), curative petitions (Rupa Ashok Hurra, 2002), complete justice (Article 142)
- High Courts (Articles 214 to 231): writ jurisdiction (Article 226), superintendence over subordinate courts (Article 227); the Allahabad High Court and its Lucknow Bench
- Subordinate courts (Articles 233 to 237); judicial service and the district judge
- Independence and accountability of the judiciary; the Judges (Inquiry) Act, 1968
- Reforms: e-Courts, National Judicial Data Grid, filling of vacancies, an All India Judicial Service (Article 312)
Pressure groups and formal or informal associations
- Meaning: organised groups that seek to influence policy without contesting elections; difference from political parties
- Types: business groups (FICCI, CII, ASSOCHAM), trade unions, peasant organisations, professional bodies (bar councils, medical associations), student organisations, caste and religious groups, tribal and linguistic groups
- Classification: institutional, associational, non-associational and anomic groups
- Methods: lobbying, representations, petitions, media campaigns, litigation, strikes and demonstrations
- Role: interest articulation, feedback to government, political education; criticism: narrow interests, unequal access, violence
- Informal associations: resident welfare associations, khap panchayats, community networks; their effect on democratic participation
Public Interest Litigation (PIL)
- Relaxation of locus standi and the epistolary jurisdiction (letters treated as petitions)
- Landmark cases: Hussainara Khatoon (1979, undertrial prisoners), S. P. Gupta (1981), Bandhua Mukti Morcha (1984, bonded labour), the M. C. Mehta cases on environment, Vishaka (1997, sexual harassment at the workplace)
- Achievements: access to justice for the poor, environmental protection, prison reform, accountability of public authorities
- Misuse: frivolous and publicity-seeking petitions; guidelines in State of Uttaranchal v Balwant Singh Chaufal (2010)
Overlaps
- General Studies V: the Governor, Chief Minister, Council of Ministers, Advocate General and the High Court of Uttar Pradesh.
- Separation of Powers and Dispute Redressal: tribunals and alternative dispute resolution.