NSG is a federal contingency world classes zero error force to deal with anti-terrorist activities in all its manifestation. It is a force specially equipped and trained to deal with specific situations. This force is used only in exceptional circumstances to prevent serious acts of terrorism. It was introduced by “Rameshwar Nath Kao” (founder of RAW).

History

1. In 1984 the union cabinet took a decision to crest a federal contingency force with highly motivated, specially equipped and well trained.
2. In June 1984, a center consisting of the director general of NSG and other important elements were sanctioned and steps were initiated to raise the force.
3. In August 1986, a bill for creation of this organization was introduced in the parliament.
4. On September 22, 1986, the president permitted and the national security guard (NSG) formally came into being from that date.
5. The basic philosophy of NSG is swift and speedy strike and immediate withdrawal from the footlight of action.
6. NSG has been given the specific role to handle all appearance of terrorism in any part of the country as a federal contingency force.
7. NSG was modeled on the pattern of the SAS of the UK and GSG-9 of Germany.
8. It is a task-oriented force and has two complementary elements in the form of the special action force (SAF) comprising army personnel and the special ranger groups (SRG).

Role and tasks

Role

1. Collect, compose, analyze and evaluate all terrorist bombing activities reported in India and abroad.
2. Circulate relevant information to concerned law enforcement agencies as required.
3. Remain (abreast) shoulder to shoulder with the latest techniques in the field of terrorist bombings in India and abroad.
4. Compile and disseminate periodic statistical data and analytical information on terrorist bombing activities.
5. Carry out limited research and innovation in the field of bomb disposal
6. Research and develop concepts for dealing with terrorist bomb threat situations.

Tasks

1. Organization and conducting international nbds seminars.
2. Selective post blast investigations and analysis.
3. Carry out trails of bomb disposal equipments for various agencies.
4. Collection and analysis of ied and bombing incidents.
5. Annual publications of bomb shell magazines.

Operation history

1. 29-30 April 1986:– operation “Black Thunder 1 (operation blue star)”
2. January 1988:– operation “Black Hawk”
3. 12 may 1988:– operation “Black Thunder 2 (operation blue star)”
4. 5 September-15 January 1988:– guarding of high-risk terrorist code-named ‘JACK’
5. 4 August 1989:– operation “mouse trap (Taran district, Punjab)”
6. 10 November 1990:– rescue hostage of a Thai airbus by Burmese students (Kolkata)
7. 25-26 January 1991:– operation ani ben (Gujarat)
8. 1 July-20 September 1991:– search and strike missions with sit after the assassination of Rajiv Gandhi
9. 25 November- 16 December 1992:– Shri Ram Janam Bhoomi and Babri Masjid crisis
10. 27 March 1993:– 52 SAG moved to Adampur for the rescue of hostage of Indian airlines flight ic 486
11. 24-25 April 1993:– operation Ashwamedh (rescued Indian airlines Boeing 737)
12. October 1998:– pro-active strikes against militants (J&K)
13. 15 July 1999:- rescued 12 hostages in J&K. (terrorists attacked a bsf campus near Srinagar)
14. 21 August 1999:– operation in rudrapur UP (hidden terrorists with 100+ pounds of rdx)
15. December 1999:– rescued indian airlines flight ic814 in Amritsar Punjab
16. February 2000:– rescued flight IC814 fiasco
17. September 2002:– operation against veerappan in Karnataka
18. October 2002:– terrorists attack at the Akshardham temple (Gujarat)
19. December 2002:– terrorists attack at the Raghunath temple (Jammu)
20. 26 November 2008:– operation “Black Tornado (Mumbai attacks)”
21. 2013:– Hyderabad and Bangalore bomb blasts and patna blasts deployed
22. 2016:– Pathankot attack

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In this article we will go through the following topics:-

1. What is a Demat Account
2. Advantage and Disadvantage of Demat Account
3. Demat Account opening procedure
4. Document required for opening Demat Account
5. How to invest using Demat Account
6. Eligibility criteria and Charges
7. Dematerialization
8. Name of Full services and Discount brokers.

What is a Demat Account?

Demat Account is an account that allows investors to hold their shares in an electronic form.

Instead of having to deal with obnoxious paperwork, investors now hold their stocks or mutual funds and exchange-traded funds (ETFs) in an electronic form in a Demat account.

Demat Account is the equivalent of a Book Account, but where a Demat account holds all shares, a bank account holds your money.

As I have cleared it above, that an Individual can’t open Demat Account directly with a depository such as CSDL or NSDL. We have to register with a Depository Participant (DP).

A DP is usually a stock brokerage or bank, that has been granted the license to open Demat Accounts on behalf of its customers or investors.

Advantages and Disadvantages of Demat Account

Advantages:-

1. This account generally helps us to avoid problems which are associated with physical share certificates.
2. It is very easy and convenient to hold securities in this account.
3. It is safer than physical shares which are in paper form.
4. Any changes done by shareholders in a registered record with a partner automatically get registered with all securities held by the shareholder.
5. Automatic credit into an online account for shares which arises out of bonus and splits.
6. It reduces risks of delayed settlement.
7. Traders can deal with shares from anywhere using this account.
8. Shares are immediately credited to the account after purchases have been done.
9. Demat Account reduces transaction charges and avoids stamp duty on them as well.

Disadvantages:-

1. Trading in securities may become uncontrolled in case of dematerialized securities.
2. There is no provision to close a Demat account which is having illiquid shares.
3. After liquidating the holdings many Indian investors don’t close their DP account.
4. Only educated PPI can access it.
5. It may become difficult for the regulator to access market activity in all Demat.

Demat Account Opening Procedure:-

There are two ways to start with your account:

1. Online Account Opening
2. Traditional Method of Submitting Physical Forms.

Before starting on the Demat Account opening procedure, select broker on a variety of factors- such as brokerage fees/charges, the platform’s/user interface and customer service.

1. Online Account Opening
   1. Head to the brokers online Demat account opening page.
   2. Enter your basic details and click sign up.
   3. Keep scanned copies of your documents with you to upload them.

This number is called the Beneficial Owner Identification Number (BOID) or Unique Client Code (UCC).

Document Required for Demat Account

There are few governments approved documents required for opening Demat account:-

1. Proof Of Identity:-
   1. PAN Card
   2. Aadhaar
   3. Driving Licence
   4. Passport
   5. Any document notified by the Central Government
2. Proof Of Address:-
   1. Passport
   2. Aadhaar
   3. Voter Identity Card
   4. Driving Licence
   5. Bank Account Statement
3. Proof Of Bank:-
   1. Cancelled Cheque
   2. Bank Statement

How To Invest Using Demat Account:-

I’m hoping all of you’re familiar with What is Demat Account and have grasped how to open a Demat Account. Before starting this topic we need to discuss some important things:-

1. It was introduced in 1996.
2. The total number of investor accounts in the country, as of July 2017 stood at 16.02 million with NSDL and 12.03 million with CDSL.
3. On CDSL traders hold 25,709 Crores of securities.

Now, how to invest using a Demat Account. I will discuss this by an example.

Suppose you picked Upstox as Brocker or DP for opening my Demat Account. Here’s how you will start investing:-

1. You should get used to the trading platform you will be using- in this case, you can use Upstox Pro Web or Upstox Pro Mobile.
2. It is important for you to know trading terms like IPO, Portfolio, to know trading terms like IPO, Portfolio, Yield, Index, Sector, P/E ratio etc.
3. Link your bank account to the trading account you are using. Start buying your desired stocks from the market using the money in the trading account.
4. After you are done buying stocks; your trading account will be debited in real-time and the shares you bought will be credited to your Demat Account within the ‘Settlement’ period, which is T+2 days.
5. You can sell your stocks on the same platform.
6. Your securities will be debited and credited to and from your account in the ‘settlement period’. This is usually within T+2 days, i.e. two days after a trade is placed.

Eligibility Criteria and Charges:-

1. There is no minimum age to invest in the stock market. Both Minor and an Adult can invest in the stocks.
2. Pan and KYC details are a necessity to get started. (for minor parents detailed are required)
3. Annual Maintenance Fee (vary from broker to broker)
4. Account Opening Charges (vary from broker to broker)
5. Transaction Fees (vary from broker to broker)

Dematerialization:-

It is the process of converting physical share certificates and securities to an electronic format which is stored in a Demat account. To alleviate the risk associated with trading of securities in paper format, the concept of dematerialization was introduced in the Indian Share Markets.

Process of Dematerialisation of Shares:-

1. First, approach your brokerage firm and complete all the procedures to open a Demat account
2. To convert your securities from physical to electronic form, you have to request a Demat Request Form (DRF)
3. For every share with a different ISIN (International Securities Identifications Number), a separate form will be required.
4. The brokerage firm will process the request to the company in which you hold the shares.
5. Once the request is approved by the company, your physical form of the share will be destroyed and a confirmation will be sent.
6. The depository will confirm the dematerialization process. Once the process is completed, all the physical shares will be converted into electronic form from 15 to 30 days.

List of Brokers in India:-

There are two types of Brokers in India viz. Full-Service Brokers and Discount Brokers

1. Full-Service Brokers:-
   1. Sharekhan
   2. Motilal Oswal
   3. Angel Broking
   4. ICICI Direct
   5. HDFC Securities
   6. Axis Direct
   7. Kotak Securities
   8. Karvy
   9. India Infoline (IIFL)
2. Discount Brokers:-
   1. Zerodha
   2. 5 paisa
   3. Upstox (RKSV)
   4. My value Trade
   5. SAMCO
   6. Trading Bells
   7. SAS Online
   8. R K Global
   9. Trade plus
   10. Trade smart Online

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The Council is the biggest body for Co-coordinating, guiding and managing research and education in agriculture. It includes horticulture, fisheries and animal sciences in the whole country, with 101 ICAR institutes and 71 agricultural universities. ICAR is the largest national agricultural systems in the world.

The ICAR has played an important role in Green Revolution and subsequent developments in agriculture in India through its research and technology development. The ICAR has enabled the country to increase the production of food grains by 5 times, horticulture crops by 9.5 times, fish by 12.5 times, milk by 7.8 times and eggs by 39 times since 1951 to 2014, thus making a visible impact on the national food and nutritional security.

The ICAR played an important role in promoting excellence in higher education and also engaged in cutting-edge areas of science and technology development. ICAR’s scientists are internationally acknowledged in their fields.

MILESTONE:-

1. Initiation of the first All-India Co-Ordinated Research Project on Maize in 1957.
2. Status of Deemed University accorded to IARI in 1958.
3. Establishment of the first State Agricultural University on Land grant pattern at Pantnagar in 1960.
4. Placement of different agricultural research institutes under the purview of ICAR in 1966.
5. Creation of Department of Agricultural Research and Education (DARE) in the Ministry of Agriculture in 1973.
6. The opening of First Krishi Vigyan Kendra (KVK) at Puducherry (Pondicherry) in 1974.
7. Establishment of Agricultural Research Services and Agricultural Scientists Recruitment Board in 1975.
8. Launching of Lab-to-Land programme and the National Agricultural Research Project (NARP) in 1979.
9. Initiation of Institution-Village Linkage Programme (IVLP) in 1995.
10. Establishment of National Gene Bank at New Delhi in 1996.
11. The ICAR was awarded the KING BAUDOUIN Award in 1989 for its valuable contribution to the Green Revolution.
12. The ICAR was again awarded KING BAUDOUIN Award in 2004 for research and development efforts made under the partnership of Rice-Wheat consortium.
13. Launching of National Agricultural Technology Project (NATP) in 1998 and National Agricultural Innovation Project (NAIP) in 2005.

MANDATE:-

1. Plan, Undertake, Co-ordinate and Promote Research and Technology Development for Sustainable Agriculture.
2. Aid, Impart and Co-ordinate Agricultural Education to enable Quality Human Resources Development.
3. Frontline Extention for technology application, adoption, knowledge management and capacity development for agri-based rural development.
4. Policy, Cooperation, and consultancy in Agricultural  Research Education and Extension.

INSTITUTION:-

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In India, many acts are established by Parliament of India. From among those acts, we are discussing ESMA in this article.  So, lets have a look at ESMA:

The Essential Services Maintenance Act (ESMA) is an act which was established by the Parliament of India to ensure the delivery of certain services. This Act is applicable whenever the normal life of the people is obstructed due to a halt/stop in services. Public transport (bus services), health services (doctors and hospital) etc. which affect the normal life of the people fall under this category. 

•  The ESMA is a central law
• It was made by Parliament of India but the execution part of it mostly depends upon the State government
• Each state of India has a separate state Essential Service Maintenance Act with a slight difference from Central government in its provision. This freedom is given by the central law itself

Although ESMA is a very powerful law, its execution rests entirely 
on the discretion of the State government. 

The law is less used in India, with many strikes by public transport people, doctors or government employees, being continued for weeks without ESMA being invoked by the Central government or State government. There have been instances of citizens to approach the court for implement ESMA. The governments are forced by the court to declare ESMA over the strike and being called off overnight.

HISTORY of ESMA:

The ESMA Act, 1968 ACT NO. 59 OF 1968 came into force on 28^th December. This act provides the maintenance of certain services and the normal life of the community. This Act came into the shape in 1952, which came to replace the “Ordinance XI”of 1941.

This act also allows to choose the essential services on which to enforce ESMA and which not (except Jammu and Kashmir).

ESMA gives the right to police to arrest, without a warrant, the person who violates the Act’s provisions. Any person who commences a strike or takes part in any such strike shall be punishable with imprisonment for a term which may be extended to 6 months or with fine which may extend to 200 rupees or both.

This Act Includes:

• Postal, telegraph or telephone services
• Railway services or any type of transportation service
• Any services related to the operation or maintenance of aerodromes
• Repairs of aircraft
• Any services related to loading unloading
• Any services related to clearance of goods/passengers through customs
• Any services related to security of press
• Any services in defense established by Government of India
• Any services which are provided by central or state government servants.

“Strike” means the refusal of work by a body of a person employed in
 any essential services acting in combination or a concerted by
 a number of people.

Power to prohibit strikes:

1. Power to prohibit strikes in certain employments. If the central government is satisfied that in the public interest it is necessary or expedient so to do, it may by general or 67 special order, prohibit strikes in any essential service specified in the order.
2. An order made under sub section (1) shall be published in such manner as the Central Government considers best calculated to bring it to, the notice of the persons affected by the order.
3. An order made under sub section (1) shall be in force for six months only, but the Central Government may, by a like order, extend it for any period not exceeding six months if it is satisfied that in the public interest it is necessary or expedient so to do.
4. Upon the issue of an order under sub section (I),
5. No person employed in any essential services to which the order relates shall go remain on strike:
6. Any strike declared or commenced, whether before or after the issue of the order.

Act to override other laws:

The provisions of this act and of any order issued there under shall have effect notwithstanding anything inconsistent there with.

To maintain the 'legal terms' as it is, the author has chosen
not to alter the language of a large part of this article.

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                                The article was enacted with much displeasure to India’s founding father such as Sardar Patel and Baba Saheb Ambedkar. It is a very controversial topic as the region is an international hotspot and the state is the only Muslim-majority state in India. The article is drafted in Part XXI of the Constitution: Temporary, Transitional and special Provisions.

~HISTORICAL BACKGROUND~

In 1947, as the British were leaving India they gave the various Indian princes the right to choose their destiny. This would have led to 100+ nations in the subcontinent. India had an iron man (Sardar Patel) who wouldn’t let this happen and deftly arm-twisted hundreds of these kings & princes into forming the Union of India.However, there was one sticking point – Kashmir. 

However, there was one sticking point – Kashmir. The Maharajah of this region wanted to stay alone, completely ignorant of the geopolitics around him. Pakistan forcefully tried to take control of his independent nation and without any option left maharajah chose to join India in October 1947.  A legal document executed by Maharajah Hari Singh, ruler of the princely state of Jammu & Kashmir, on 26 October 1947. By executing this document under the provisions of the Indian Independence Act 1947, Maharaja Hari Singh agreed to accede to the Dominion of India. After joining India, the Maharajah appointed Sheikh Abdullah as the Prime Minister of Kashmir.

Constituent Assembly when it came to drafting the Indian constitution, Nehru brought in N. Gopalaswami Ayyangar to draw the relevant clauses and articles. Ayyangar argued that Kashmir was not fully integrated, a third of the state was still in occupation of Pakistan and the matter was with UN Security Council. Thus, he said there must be special provisions for Kashmir as a stopgap until the state is ready for full integration.

~PURPOSE~

        The state of Jammu & Kashmir’s original accession, like all other princely states, was on three matters; defence, foreign affairs, and communications. All the princely states were invited to send representatives to India’s Constituent Assembly, which was formulating a constitution for the whole of India. They were also encouraged to set up constituent assemblies for their own states. Most states were unable to set up assemblies in time, but a few states did, in particular, SURASHTRA UNION, TRAVANCORE-COCHIN, and MYSORE. Even though the States Department developed a model constitution for the states, in May 1949, the rulers and chief ministers of all the states met and agreed that separate constitution for the states was necessary. They accepted the Constitution of India as their own Constitution. The states that did elect constituent assemblies suggested a few amendments which were accepted.

                  In the case of Jammu & Kashmir, the representatives to the Constituent Assembly requested that only those provisions of the Indian Constitution that corresponded to the original Instrument of accession should be applied to the state. Accordingly, the Article 370 was incorporated into the Indian Constitution, which stipulated that the other articles of the Constitution that gave powers to the central Government would be applied to Jammu & Kashmir only with the concurrence of the State’s constituent assembly. This was a “temporary provision” in that its applicability was intended to last till the formulation and adoption of the State’s Constitution.  The State’s Constituent Assembly dissolved itself on 25 January 1957 without recommending either abrogation or amendment of the Article 370.  Thus the Article 370 has become a permanent feature of the Indian Constitution, as confirmed by various rulings of the Supreme Court of India and the High Court of Jammu and Kashmir, the latest of which was in October 2015.

~TEXT~

370. Temporary provisions with respect to the State of Jammu and Kashmir
     1. Notwithstanding anything contained in this Constitution,-
        1. the provision of Article 238 shall not apply now in relation to the state of Jammu and Kashmir
        2. the power of Parliament to make laws for the said state shall be limited to –
           1. i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to the Dominion of India as the matters with respect to which the Dominion Legislature may make laws for the State;
           2. such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.

Explanation:

For the purpose of this article, the Government of the State means the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat (now Governor) of the Jammu and Kashmir, acting on the advice of the Council of Ministers of the state for the time being in office.

• the provisions of article 1 and of this article shall apply in relation to that State
• such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify: Provided that no such order which relates to the matters specified in the Instrument of Accession Of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State.

• If the concurrence of the Government of the State referred to in paragraph (ii) of Sub-clause (b) of Clause (1) or in the second provision to Sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.
• Notwithstanding anything in the foregoing provisions of the article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with exception and modification and from such date as he may specify.

~ANALYSIS~

The clause 7 of the Instrument of Accession signed by Maharaja Hari Singh declared that the State could not be compelled to accept any future Constitution of India. The State was within its right to draft its own Constitution and to decide for itself what addition powers to extend to the Central Government. The Article 370 was designed to protect those rights. According to the Constitutional scholar A.G. Noorani, the Article 370 records a ‘solemn compact’. Neither India nor State can unilaterally amend or abrogate the Article except in accordance with the terms of the Article.

Article 370 embodied six special provisions for Jammu and Kashmir;

1. It exempted the State from the complete applicability of the Constitution of India. The State was allowed to have its own Constitution.
2. Central legislative powers over the State were limited, at the time of the framing, to the three subjects Of defense, foreign affairs, and communications.
3. Other constitutional powers of the Central Government could be extended to the State only with the concurrence of the State Government.
4. The ‘concurrence’ was only provisional. It had to be ratified by the State’s Constituent Assembly.
5. The State Government’s authority to give ‘concurrence’ lasted only until the State Constituent Assembly was convened. Once the State Constituent Assembly finalized the scheme of powers and dispersed, no further extension of powers was possible.
6. The Article 370 could be abrogated or amended only upon the recommendation of the State’s Constituent Assembly.

Once the State’s Constitutional Assembly convened on 31 October 1951, the State Government’s power to give `concurrence’ lapsed. After the Constituent Assembly dispersed on 17 November 1956, adopting a Constitution for the State, the only authority provided to extend more powers to the Central Government or to accept Central institutions vanished. Noorani states that this understanding of the constitutionality of the Centre-State relations informed the decisions of India till 1957, but that it was abandoned afterward. In subsequent years, other provisions continued to be extended to the State with the ‘concurrence’ of the State Government.

 ~Presidential orders~

In exercise of the powers conferred by clause (1) of article 370 of the Constitution, the President, with the concurrence of the Government of the State of Jammu and Kashmir made a series of orders.

Presidential order of 1950

The Presidential order of 1950, officially The Constitution (Application to Jammu and Kashmir) Order, 1950, came into force on 26 January 1950 contemporaneously with the Constitution of India. It specified the subjects and articles of the Indian Constitution that corresponded to the Instrument of Accession as required by the clause b(i) of the Article 370.

Thirty-eight subjects from the Union List were mentioned as matters on which the Union legislature could make laws for the State. In addition, certain articles in ten of the twenty-two parts of the Indian Constitution were extended to Jammu and Kashmir, with modifications and exceptions as agreed by the state government.

This order was superseded by the Presidential order of 1954.

Presidential order of 1952

The Presidential order of 1952 was issued on 15 November 1952, at the request of the state government. It amended the Article 370, replacing the phrase “recognized by the President as the Maharaja of Jammu and Kashmir” by “recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat”. The amendment represented the abolition of the monarchy of Jammu and Kashmir.

The Constituent Assembly of Jammu and Kashmir was elected in 1951 and convened on 31 October 1951. The Basic Principles Committee of the Constituent Assembly recommended the abolition of the monarchy, which was unanimously approved by the Assembly on 12 June 1952. In the same month, the Hindu-dominated Jammu Praja Parishad submitted a memorandum to the President of India demanding the full application of the Indian Constitution to the State. The Government of India summoned a delegation from Jammu and Kashmir in Delhi for discussions on the relations between the Centre and the State. After discussions, the 1952 Delhi Agreement was reached.

The State’s prime minister Sheikh Abdullah was slow to implement the provisions of the Delhi Agreement. However, in August 1952, the State Constituent Assembly adopted a resolution abolishing the monarchy and replacing the position by an elected Head of State (called Sadar-i-Riyasat). Despite reservations on this piecemeal approach to adopting provisions, the Central Government acquiesced, leading to the Presidential Order of 1952. The Legislative Assembly elected Swaran Singh, who was already acting as the Prince Regent, as the new Sadar-i-Riyasat.

Presidential order of 1954

The Presidential order of 1854, officially The Constitution (Application to Jammu and Kashmir) Order, 1954 came into force on 14 May 1954. Issued with the agreement of the State’s Constituent Assembly, it was a comprehensive order seeking to implement the 1952 Delhi Agreement. Arguably, it went further than the Delhi Agreement in some respects.

The provisions implementing the Delhi Agreement were:

1. Indian citizenship was extended to the ‘permanent residents’ of Jammu and Kashmir (formerly called ‘state subjects’). Simultaneously, theArticle 35A was added to the Constitution, empowering the state legislature to legislate on the privileges of permanent residents with regard to immovable property, settlement in the state and employment.
2. The fundamental rights of the Indian constitution were extended to the state. However, the State Legislature was empowered to legislate on preventive detention for the purpose of internal security. The State’s land reform legislation (which acquired land without compensation) was also protected.
3. The jurisdiction of the Supreme Court of India was extended to the State.
4. The Central Government was given the power to declare the national emergency in the event of external aggression. However, its power to do so for internal disturbances could be exercised only with the concurrence of the State Government.

In addition, the following provisions which were not previously decided in the Delhi Agreement were also implemented:

1. Financial relations between the Centre and the State were placed on the same footing as the other States. The State’s custom duties were abolished.
2. Decisions affecting the disposition of the State could be made by the Central Government, but only with the consent of the State Government.

~Background~

The State Government’s decision to abolish the monarchy led to increased agitation by the Jammu Praja Parishad, which found support among the Ladakhi Buddhists and the Hindu parties of India. In response, Sheikh Abdullah started questioning the value of Kashmir’s accession to India, leading to a loss of support among his Cabinet members. On 8 August 1953, Sheikh Abdullah was dismissed from the post of prime minister by the Sadar-i-Riyasat Karan Singh and his erstwhile deputy Bakshi Ghulam Mohammad was appointed in his place. Abdullah and several of his colleagues were arrested and put in prison.

The purged Constituent Assembly, with 60 of the original 75 members, unanimously adopted on 6 February 1954, the recommendations of its Basic Principles Committee and the Advisory Committee on Fundamental Rights and Citizenship. According to the Basic Principles Committee:

While preserving the internal autonomy of the State, all the obligations which flow from the fact of accession and also its elaboration as contained in the Delhi Agreement should find an appropriate place in the Constitution. The Committee is of the opinion that it is high time that finality in this respect should be reached and the relationship of the State with the Union should be expressed in clear and precise terms.

The Presidential order of 1954 was issued based on these recommendations.

~Further presidential orders~

In addition to these original orders, forty-seven Presidential orders have been issued between 11 February 1956 and 19 February 1994, making various other provisions of the Constitution of India applicable to Jammu and Kashmir. All these orders were issued with the ‘concurrence of the Government of the State’ without any Constituent Assembly. The effect of these orders has been to extend 94 of the 97 subjects in the Union List (the powers of the Central Government) to the State of Jammu and Kashmir, and 260 of the 395 Articles of the Constitution of India. All these orders have been issued as amendments to the Presidential Order of 1954, rather than as replacements for it, presumably because their constitutionality was in doubt.

This process has been termed the 'erosion' of the Article 370.

~Applicability of the Indian law to Jammu and Kashmir~

Acts passed by Indian Parliament have been extended to Jammu and Kashmir over a period of time.

• All India Services Act
• Border Security Force Act
• Central Vigilance Commission Act
• Essential Commodities Act
• Haj Committee Act
• Income Tax Act
• The Central Laws (Extension To Jammu And Kashmir) Act, 1956
• The Central Laws (Extension To Jammu And Kashmir) Act, 1968

The non-applicability of National Human Rights Commission (NHRC) Act by claiming recourse to Article 370 was set aside in 2010.

SOURCE:

http://www.constitution.org/cons/india/p21370.html
http://www.legalserviceindia.com/article/l248-Article-370.html
https://en.wikipedia.org/wiki/Article_370
http://www.thehindu.com/opinion/lead/Understanding-Article-370/article11640894.ece
http://www.indiandefencereview.com/news/article-370-the-untold-story/

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The Election Commission of India is an autonomous constitutionally established federal authority responsible for administering all the electoral process in the Republic of India. Under the supervision of the Commission, free and fair elections have been held in India at regular interval after every five years as per the principles enshrined in the constitution.

The Election Commission has the power of superintendence, direction and control of all election to the Parliament of India, The State Legislatures and of elections to the office of the President and Vice-President of India. Elections are conducted according to the constitutional provisions, supplemented by Laws made by Parliament. The major Laws are as follows

1. Representation of the People Act, 1950: This Law deals with preparation and revision of electoral rolls.

2. Representation of the People Act, 1951: This law deals with all the aspects of the conduct of the election and post-election disputes.

The Supreme Court of India has held that where the enacted Laws are silent or make insufficient provision to deal with a given situation in the conduct of elections, the Election Commission has the power to act in an appropriate manner. The Election Commission had only a single Chief Election Commissioner. On 16 October 1989, two additional commissioners were appointed to the commission for the first time, but they had a very short tenure until 1 January 1990. On 1 October 1993, two additional Election Commissioners were appointed because the concept is simple for making or taking decision power by majority vote.

ELECTORAL PROCESS

The Electoral process in India starts with the declaration of dates by the Election Commission. Publishing of electoral rolls is a key process that happens before the elections in India. The eligibility of an individual for voting as any person is above 18 years of age and should be a citizen of India. The model code of conduct comes into force from the day the dates are announced.

The candidates are required to file the nomination papers through which the list is published after scrutiny. No party is allowed to use the government resources and none can bribe the candidates before the election and campaigning. The campaigning ends at 6:00 pm of the second last day before the polling day. The polling is held normally from 7:00 am to 5:00 pm, it may change under special circumstances. The collectors of each district are in-charge and government employees are employed as poll officers at the polling stations. Electronic Voting Machine is used instead of the ballot box to prevent the election from fraud and booth capturing. An indelible ink is applied on the left index finger of the voter as an indicator that the voter has cast his vote. This system is followed by 1962 general elections to prevent a bad vote.

What is E.V.M., PAPER BALLOT SYATEM & VOTER VERIFIABLE PAPER AUDIT TRIAL SYSTEM

ELECTRONIC VOTING MACHINE (E.V.M.)

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• EVM is an electronically operated vote counting machine which was invented by M.B. Haneefa in 1980, which was exhibited to the public in Government Exhibitions held in six cities across Tamil Nadu.
• EVM was commissioned in 1989 by Election Commission of India in collaboration with Electronics Corporation of India Limited.
• It was first used in 1982 in the by-election to North Paravur Assembly Constituency in Kerala.

PAPER BALLOT SYSTEM

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• The ballot is used for an election process within an organization as a trade union holding a ballot of its members. It is a device used to cast votes in an election, a piece of paper used in secret voting.
• A paper ballot system employs uniform official ballots of various stock weight on which the name of candidates are printed on the sign.
• Voters record their choices in private by making or putting color next to the candidates and drop the vote ballot in a sealed ballot box.

VOTER VERIFIABLE PAPER AUDIT TRIAL SYSTEM (V.V.P.A.T.S.)

• On 14 August 2013, the Government of India amended the elections rules to permit the use of V.V.P.A.T
  

  Image Source – Internet

  System.

• It was first used in a by-election held in the 51 Noksen of Nagaland Assembly Constituency.
• This system was introduced in 8 of 543 parliamentary constituencies as a pilot project in Indian General Election, 2014.
• The Constituencies where this system was implemented are Lucknow, Gandhinagar, Banglore South, Chennai Central, Jadavpur, Raipur, Patna Sahib and Mizoram.
• By this system a slip was generated in which the details was provided like to which party the vote was given, the name of voter, constituency and polling booth.
  

  Image Source – Internet

LOK SABHA

The Lok Sabha is known House of the people and it is the lower house of India’s bicameral parliament, with the upper house being the Rajya Sabha. Members of the Lok sabha are elected by adult universal suffrage and a first-past-the-post system to represent their respective constituencies. The members hold their seats for five years or until the body are dissolved by the President on the advice of the council of ministers. House meets held in the Lok Sabha chambers of the Sansad Bhawan.

The maximum strength of the House is 552, which is made up by the election of up to 530 members to represent the states; up to 20 members to represent the union territories and not more than 2 members of the Anglo-Indian Community which is nominated by the President of India.

Under the current law, the strength of Lok Sabha is 545, including the two seats reserved for members of the Anglo-Indian Community. The total elective membership is distributed among the states in proportion to their population.

A total of 131 seats (18.42%) is reserved for representatives of S.C (84) and S.T (47).

The Lok Sabha operates for five years from the date appointed for its first meeting and the expiration of the period of five years. The Lok Sabha duly constituted for the first time on 17 April 1952 after the first general elections held from 25 October 1951 to 21 February 1952.

SYSTEM OF ELECTION IN LOK SABHA

Members of the Lok Sabha are directly elected by the people of India, on the basis of Universal Suffrage. For the purpose of holding direct elections of Lok Sabha; each state is divided into territorial constituencies. In this respect, the constitution of India makes the following two provisions

1. Each state is allotted a number of seats in the Lok Sabha in such a manner that the ratio between that number and its population is same for all the state of India.
2. Each state is divided into territorial constituencies in such a manner that the ratio between the population of each constituency and the number of seats allotted to its remain the same throughout the state.

State/UT wise seats in the Lok sabha:-

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PONDICHERRY- 01

FUNCTION OF LOKSABHA

The Lok Sabha which is the more representative chamber of the Parliament performs a number of useful functions. These functions are described below:-

1. Legislative: Lawmaking is the main function of the Parliament and in this field, the Lok Sabha plays an important role. All types of the bill are originated in the Lok Sabha and send it to Rajya Sabha for passing then the bill is back to the Lok Sabha for approval.
2. Financial: In financial matters, the Lok Sabha has a distinct superiority over the Rajya Sabha. The Money Bill can be introduced only in the Lok Sabha. The Lok Sabha has only the power to accept or reject the suggestions for change in the Money Bill.
3. Control Over Executive: The Council of Ministers is collectively responsible to the Lower House of the Parliament. Thus, the government is accountable to the Lok Sabha for its acts of omission and commission. The Rajya Sabha cannot hold the government accountable to IR.

4. Constitutional:  The Lok Sabha shares with the Rajya Sabha the power to amend the constitution.

5. Electoral:
   1. The Lok Sabha takes part in the election of the Parliament and the Vice-President.
   2. It elects the Speaker and the Deputy Speaker.
   3. Its members are elected to different committees of the Parliament.
6. Judicial:
   1. The Lok Sabha has the power to punish a person on the ground of breach of privilege
   2. It shares power with the Rajya Sabha to remove the Judges of the Supreme Court and the Judges of High Courts.
   3. It takes part in the impeachment proceedings against the President of India.
7. Imparting Education on Democracy: The Lok Sabha discussions would help in raising the political consciousness of people.
8. Other Functions: The Lok Sabha discusses reports submitted by the Union Public Service Commission, Comptroller, and Auditor-General of India, Finance Commission etc.

RAJYA SABHA

The Rajya Sabha or Council of States is the Upper House of the Parliament Of India. Membership of Rajya Sabha is limited by the Constitution to a maximum of 250 members, and current laws have provision for 245 members. Most of the members of the House are elected indirectly by State and Territorial legislatures using single transferable votes, while the President can appoint 12 members for their contribution to art, literature, science, and social sciences. Members of the House appointed for 6 years terms, with one-third of the members retiring every two years.

The Rajya Sabha meets in continuous sessions, and unlike the Lok Sabha is not subject to dissolution. The Rajya Sabha has equal footing in all areas of legislation with Lok Sabha, except in the area of supply, where the Lok Sabha has overriding powers.

                   The Vice-President of India is the Chairman of the Rajya Sabha. In the absence of Chairman Deputy Chairman takes care of the day-to-day matters, who is elected from amongst the house’s members.

The Rajya Sabha held its first sitting on 13 May 1952. Rajya Sabha members are elected by state legislatures rather than directly through the electorate by single transferable vote method.

State/UT wise seats: –

FUNCTION OF RAJYA SABHA: –

• Legislative Powers:

                             In the sphere of ordinary law-making, the Rajya Sabha enjoys equal powers with the Lok Sabha. An ordinary bill can be introduced in the Rajya Sabha and it cannot become a law unless passed by it. In the case of a deadlock between the two Houses of Parliament over an ordinary bill, if it remains unresolved for six months, the President can convene a joint sitting of the two House for resolving the deadlock. This joint sitting is presided over by the speaker of the Lok Sabha. If the bill is passed in the joint sitting it is sent to the President for the signature.

• Financial Powers: 

                                         In the financial sphere, the Rajya Sabha is a weak House. A money bill cannot be introduced in the Rajya Sabha. It can be initiated only in the Lok Sabha. A money bill passed by the Lok Sabha comes before the Rajya Sabha only for its consideration. If within 14 days, the Rajya Sabha fails to pass the bill, the bill is taken to have been passed by the Parliament irrespective of the fact whether the Rajya Sabha has passed it or not.

• Executive Powers:

                                    The Union Council of Ministers is collectively responsible before the Lok Sabha and not the Rajya Sabha.” Lok sabha alone can cause the fall of the Council of Ministers by passing a vote of no-confidence. The Rajya Sabha cannot remove the Ministry from its office yet the members of the Rajya Sabha can exercise some control over the ministers by criticizing their policies, by asking questions and by moving adjournment motions.

• Amendment Powers:

                                   Rajya Sabha and Lok Sabha can together amend the constitution by passing an amendment bill with 2/3 majority in each house.

• Electoral Powers:

                                   The Rajya Sabha has some electoral power also. The elected members of the Rajya Sabha along with the elected members of the Lok Sabha and all the State Legislative Assemblies together elect the President of India. The members of the Rajya Sabha Lok Sabha elect Vice-President of India together.

• Judicial Power:

                  The Rajya Sabha can also pass a special address for causing the removal of a judge of the Supreme Court or of any High Court. The Rajya Sabha acting along with the Lok Sabha can impeach the President on charges of violation of the Constitution. The charges against the Vice-President can be leveled only in the Rajya Sabha. The Rajya Sabha can pass a resolution for the removal of some high officers like the Attorney General of India, Comptroller and Audit General and Chief Election Commissioner.

• Miscellaneous Powers:

The Rajya Sabha and Lok Sabha jointly perform the following functions:-

1. Approval of the ordinances issued by the President.
2. Ratification of an emergency proclamation.
3. Making any changes in the jurisdiction of the Supreme Court and the High Courts
4. Making any changes in the qualification for the membership of the Lok Sabha and the Rajya Sabha.

LOK SABHA vs RAJYA SABHA

1. The motion of no confidence against the government can be introduced and passed in the Lok Sabha. If passed by a majority vote, the Prime Minister and the Council of Ministers resign collectively. The Rajya Sabha has no power over such motion, and hence no real power over the executive. This is because the Constitution of India has only made the Union Council of Ministers responsible to the Lok Sabha, not to the Rajya Sabha.

2. Money bills can only be introduced in the Lok Sabha and upon being passed, are sent to the Rajya Sabha, where it can be deliberated on for up to 14 days. If 14 days lapse from the introduction of the bill or Rajya Sabha rejected the bill without any action by the House, or recommendations made by the Rajya Sabha are not accepted by the Lok Sabha, the bill is considered passed. The budget is presented in the Lok Sabha by the Finance Minister on behalf of the President of India.
3. In matters pertaining to non-financial (ordinary) bills, after the bill has been passed by the House where it was originally tabled, it is sent to the other house, where it may be kept for a maximum period of 6 months. If the other house reject the or a period of 6 months elapses without any action by the House, it results in the deadlock. This is resolved by a joint session of both Houses, presided over by the Speaker of the Lok Sabha and decided by a simple majority.
4. Equal Powers with the Rajya Sabha in initiating and passing any Bill for Constitutional Amendment (by a majority of 2/3 of the total members)
5. Equal power with the Rajya Sabha in initiating and passing a motion for the impeachment of the President (by 2/3 of the members of the House)
6. Equal Powers with the Rajya Sabha in impeachment process (initiating and passing a motion for the removal) of the judges of the Supreme Court and the High Court (by a majority of the members of the House and at least 2/3 majority of the members present and voting), who then can be removed by the President of India.
7. Equal powers with Rajya Sabha in initiating and passing a resolution declaring war or national emergency (by 2/3 majority) or constitutional emergency (by simple majority) in a state.
8. If the Lok Sabha is dissolved before or after the declaration of a National Emergency, the Rajya Sabha becomes the sole Parliament. It cannot be dissolved. This is a limitation of Lok Sabha. But there is a possibility that President can exceed the term to not more than 1 years under the proclamation of emergency and the same would be lowered down to 6 months if the said Proclamation ceases to operate.

In conclusion, it is clear that the Lok Sabha is more powerful than the Rajya Sabha in almost all matters. Even in those matters in which the Constitution has placed both Houses on an equal footing, the Lok Sabha has more influence due to its greater numerical strength. This is typical of any Parliamentary democracy, with the lower House always being more powerful than the upper.

SOURCES:

https://en.wikipedia.org/wiki/Lok_Sabha
https://en.wikipedia.org/wiki/Rajya_Sabha
https://en.wikipedia.org/wiki/Elections_in_India
http://pib.nic.in/newsite/mbErel.aspx?relid=97501

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1. Know the meaning of society, government and other association;
2. Distinguish between state and society;
3. Distinguish between state and other associations;
4. Distinguish between state and government;
5. Distinguish between state and nation.        

STATE AND SOCIETY

The term ‘state’ is central to the study of political science. But it is wrongly used as a synonym for the nation, government etc. The term ‘State’ is also used as State management, State aid and so on. In political science, we use the term state differently. It has a more specific meaning.

Some of the definitions of the concept of the state are as follows:

1. “The State is the politically organized region of a definite territory.”
2. A state is “a community of persons, more or less numerous, permanently occupying a definite portion of territory, independent, or nearly so, of external control, and possessing an organized government to which the great body of inhabitants render habitual obedience.”
3. A State “is a group of people organized by law within a definite territory.” The term ‘society’ is a group of people involved in a persistent social interaction, or a large social grouping sharing the same geographical or social territory, typically subject to the same political authority and dominant culture expectations.”

Societies are characterized by patterns of relationships between individuals who share a distinctive culture and institutions.

DISTINCTION BETWEEN STATE AND SOCIETY

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The distinction between the state and the society can be explained as under:-

1. The state is a political organization or one can say it is politically organized. Society, on the other hand, is a social organization and has within it, all type of association. Society is both broader as well as narrower than the state. It is broader when it is used describe the whole community of mankind; it is narrower when it is used to describe a small group of a village.
2. In term of origin, society is prior to the state. Society may be said to have been born the day the human life must have begun. But the state did not begin with the society; it must have started at a large stage of social development. Human beings are social beings first and then political beings.
3. Being prior to the state, society is clearly a natural and therefore, an instinctive institution. The state, on the other hand, is artificial, a created institution; it was made when it was needed.
4. The state exists for the society in the same way as a means to its end. The state is, therefore, a means and the society is an end. It is always the means that exists for the end; the end never exists for the means.
5. The state to have a definite territory. A territorial organization in so far as it stays on the definite portion of territory. Society does have a territory but its territory is not permanent; its place of operation may extend or may get limited.
6. The state has general rules of conduct called the laws; the society, too, has general rules of conduct but they are called rituals, norms and the like. Laws of the state are written, definite and clear while those of the society are unwritten, indefinite and vague.

In spite of these distinctions, Society, and State are closely interrelated and inter-dependent. Social conduct and the structure of the society must conform to the laws of the state. The state, on the other hand, must be responsive to the well-being of the society.

STATE AND OTHER ASSOCIATION

An association is an organized group of people which seeks to achieve some specific objectives through joint efforts. An association has, therefore, three features:-

1. Organization of the people
2. Some common/specific objectives
3. Joint efforts.

So one can think of a family as an association. Its people are organized through ties of blood: all the member of the family work together to attain objects common to the family.

Association makes up the society. The state is also an association which exists, along with other associations in the society. But the state as an association is different from other associations.

These differences can be explained as under:

1. All the associations, including even the state, consist of people. But while the membership of the state is compulsory, that of the other association is voluntary. A person has to be a member of a state; no person, as he/she become an adult, can be a member of two states. His/her membership of the state is a matter of compulsion.
2. A person can be a member of one state at one time, but a person can be a member of numerous association at the same time.
3. All association functions on the territory. But while for a state as an association, the territory has to be definite, the other association do not have permanent territory.
4. All association, including the state, exist to perform and achieve certain ends. While for the state, the purpose is always general for the other associations, the purpose is usually specific, particular.
5. The violation of the state’s law is accompanied by punishment like imprisonment. No other association has the power to punish its members physically.

The relationship between the State and the other association is signified in many aspects. The other association helps the state reduce its burden; they perform functions even greater than those of the state; some of them have been in existence much before the state. The state need not take away their powers; it need not dominate them. Important as these other associations are in their internal domains and in their functions, they need not override the authority of the state, and should never challenge the state’s sovereignty. The state, on the other hand, needs to ensure the other associations and their autonomy.

STATE AND GOVERNMENT

The government, as we know, is one element of the state. It is the agency through which laws are made, enforced and

Image Source – Internet

those who violate laws, are punished. It consist of all the persons, institutions and agencies through which the will of the state is expressed and carried out. Since a state speaks through the government, it is essential to differentiate between the two.

1. The state has authority inherent in itself whereas the government has no inherent powers. The government gets its structure, authority and power from the Constitution of the state. THE CONSTITUTION IS A COLLECTION OF RULES AND THE FUNDAMENTAL LAWS, ACCORDING TO WHICH THE GOVERNMENT OF A STATE IS ORGANISED.
2. The state is a large entity which includes all the citizens while the government is, relatively a smaller unit that includes only those who are employed to perform its functions. We are all citizens of the state, but we are all not functionaries of the government.
3. The idea of state is quite abstract. The government is the concretization of the idea of the state. We see the government, not the state.
4. The state is a near permanent institution; it is so because it does not die unless it is attacked and made a part of the other state. The government is temporary; it is so because it may change to put it the other way, the state may be the same everywhere whereas, the government may vary from one state to another. India, the United State, France etc. are all states. 

In India and U.K.there is a parliamentary government.In USA there is presidential government.

PARLIMENTARY GOVERNMENT IS A SYSTEM WHERE THE LEGISLATIVE ORGAN OF THE GOVERNMENT IS CLOSELY RELATED TO ITS EXECUTIVE ORGAN; THE CABINET IS TAKEN FROM THE LEGISLATURE AND IS RESPONSIBLE TO IT, ESPECIALLY TO THE LOWER HOUSE OF THE LEGISLATURE.

PRESIDENTIAL GOVERNMENT IS A SYSTEM OF GOVERNMENT WHERE THE LEGISLATIVE ORGAN OF THE GOVERNMENT IS INDEPENDENT OF THE EXECUTIVE ORGAN; THE EXECUTIVE EXISTS SEPARATELY FROM THE LEGISLATIVE AND IS NOT RESPONSIBLE TO IT.

1. The sovereign powers lie within the state; it is the state which is sovereign. The government is only an exercise power.
2. The state’s territory is always definite. It remains unchanged. The government’s territory is never permanent.
   

   STATE AND NATION

NATION connotes the concept of people who are conscious of their historical and cultural background and who wish to perpetuate this background politically, i.e., within the framework of a state.

The state, as we know, is a people organized for law within a definite territory; it is always sovereign-supreme internally and independent externally. The nation is a group of people psychologically bound together while sharing common joys and sorrows.

The distinction between state and nation can be explained as under:

1. Nation and State are distinct entities. A nation can not be a state; India was not a state before August,1947. A state may not always be a nation.
2. The state is a state because of its sovereignty. The nation is not a state if it is not sovereign. Sovereignty is the chief characteristic of a state whereas it is not a feature of the nation. A nation becomes a nation-state when the nation attains statehood.
3. The state is political concept while the nation is a cultural, and a psychological body.
4. Laws bind the people together in a state; sentiments and emotions bind the people in a nation. The unity of the state is always external whereas the unity of the nation is eternal. In the case of state, unity is imposed through laws.
5. There is an element of force connected with the state. The state’s law are binding. There is a coercion exercised by the state if its authority is defied.
6. The elements of the state are defined; population, fixed territory, government and sovereignty. The elements of a nation are not defined.

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Source – NCERT Textbooks

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