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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

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