Shah Commission was a commission of inquiry appointed by Government of India in 1977 to inquire into all the excesses committed in the Indian Emergency (1975 - 77) . It was headed by Justice J.C. Shah , a former chief Justice of India .
92-649: The Emergency of 25 June 1975 – 21 March 1977 was a 21-month period when President Fakhruddin Ali Ahmed , upon advice by Prime Minister Indira Gandhi , declared a national emergency under Article 352 of the Constitution of India , effectively bestowing on her the power to rule by decree , suspending elections and civil liberties. It is one of the most controversial times in the history of independent India . On 23 January 1977, Mrs Indira Gandhi called elections for March and released all political prisoners. Pranab Mukherjee
184-452: A district as a district magistrate and collector which lasts several years. After this tenure, an officer may be promoted to head a whole state administrative division as a divisional commissioner . On attaining the higher scales of the pay matrix, IAS officers may lead government departments or ministries. In these roles, IAS officers represent the country at international level in bilateral and multilateral negotiations. If serving on
276-450: A bill when it is initially presented to them (rather than return it to parliament) thereby exercising a pocket veto on the advice of the prime minister or council of ministers per Article 74 if it is inconsistent with the constitution. Article 143 gives the president the power to consult the supreme court about the constitutional validity of an issue. The president shall assent to constitutional amendment bills without power to withhold
368-476: A cadre preference from each preferred zone. The candidate indicates their second cadre preference for every preferred zone subsequently. The preference for the zones and cadres remains in the same order and no change is permitted. Officers remain in their allocated cadre or are deputed to the Government of India . Until 2008, there was no formal system that permitted the selection of a state cadre preferred by
460-947: A deputation, they may be employed in International organization such as the World Bank , the International Monetary Fund , the Asian Development Bank , the Asian Infrastructure Investment Bank , or the United Nations , or its agencies . IAS officers are also involved in conducting elections in India as mandated by the Election Commission of India . During the East India Company period,
552-486: A district magistrate or district collector or deputy commissioner, IAS officers can be posted to various positions in the state government. These positions include secretary or principal secretary in different departments, director of a department, divisional commissioner , or chairman of a government corporation. The specific positions depend on the officer's seniority, experience, and performance. The highest positions that an IAS officer can attain include chief secretary of
644-584: A higher status for the IAS and IFS. The two postgraduate level submissions were later removed, but this has not changed the perceived higher status of the IAS and IFS. After the selection process, the successful candidates undergo training at the Lal Bahadur Shastri National Academy of Administration in Mussoorie , Uttarakhand . The central government announced a new cadre allocation policy for
736-462: A limited period after which they would be required to return to their allocated cadre. From 2008, IAS officers were assigned to state cadres at the beginning of their service. There was one cadre for each Indian state, except for two joint cadres: Assam – Meghalaya and Arunachal Pradesh – Goa – Mizoram – Union Territories (AGMUT). The "insider-outsider ratio" (ratio of officers who were posted to their home states to those from other states)
828-450: A maximum period of three years with repeated parliamentary approval every six months. If the emergency needs to be extended for more than three years, this can be achieved by a constitutional amendment , as has happened in Punjab and Jammu and Kashmir . During such an emergency, the president can take over the entire work of the executive, and the governor administers the state in the name of
920-412: A simple majority. It has never been declared. A state of financial emergency remains in force indefinitely until revoked by the president. The president can reduce the salaries of all government officials, including judges of the supreme court and high courts , in cases of a financial emergency. All money bills passed by state legislatures are submitted to the president for approval. They can direct
1012-499: A state or cabinet secretary of the country. In 2015 it was announced that a new designation of assistant secretary at the Central Secretariat had been created to enable new IAS officers to be posted to Delhi for a three-month assignment as part of their training regime. IAS officers were previously only permitted to go on a deputation once assigned to the Central Secretariat after nine years of service in their home cadre. It
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#17328455156961104-399: A united India if you do not have good All-India Service which has the independence to speak out its mind, which has [the] sense of security that you will standby [ sic ] your work... If you do not adopt this course, then do not follow the present Constitution. Substitute something else... these people are the instrument. Remove them and I see nothing but a picture of chaos all over
1196-407: A vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term. An election to fill a vacancy in the office of President occurring by reason of their death, resignation or removal, or otherwise shall be held as soon as possible after, and in no case later than six months from, the date of occurrence of the vacancy; and the person elected to fill
1288-479: Is as an assistant collector cum sub-divisional magistrate and they are placed in charge of a district sub-division. As assistant collector cum sub divisional magistrate, they are entrusted with maintaining law and order, as well as general administration and development work, of the sub-district . Completion of probation is followed by an executive role in a district as a district collector cum district magistrate , which lasts several years. After this tenure as
1380-465: Is bound by the provisions of the constitution notwithstanding any advice by the union cabinet. As per Article 142 , it is the duty of the president to enforce the decrees of the supreme court. The primary duty of the president is to preserve, protect and defend the constitution and the law of India per Article 60 . The president appoints the Chief Justice of India and other judges on the advice of
1472-494: Is fixed at 2:1. All IAS officers, regardless of the mode of entry, are appointed by the President of India . Only about 180 candidates out of over 1 million applicants, who apply through CSE, are successful, a success rate of less than 0.02 per cent. Unlike candidates appointed to other civil services , a successful IAS candidate is rendered ineligible to retake CSE. From 1951 to 1978, an IAS/IFS candidate
1564-463: Is inevitable when the extant provisions of the law are inadequate. Re-promulgation of an ordinance after failing to get approval within the stipulated time of both houses of parliament is an unconstitutional act by the president. The president should not incorporate any matter in an ordinance which violates the constitution or requires an amendment to the constitution. The president should take moral responsibility when an ordinance elapses automatically or
1656-602: Is not approved by the parliament or violates the constitution. Thus, it is believed that the POI is the de jure head of the state, whereas PM is the de facto head. The President of the Indian Union will be generally bound by the advice of his Ministers. ... He can do nothing contrary to their advice nor can do anything without their advice. The President of the United States can dismiss any Secretary at any time. The President of
1748-507: Is not fully satisfied, on the basis of the report of the governor of the concerned state or from other sources, that the governance in a state cannot be carried out according to the provisions in the constitution, they can proclaim under Article 356 a state of emergency in the state. Such an emergency must be approved by the parliament within a period of 2 months. Under Article 356 of the Indian constitution , it can be imposed from six months to
1840-908: The All India Services and the Central Services . The Indian Civil Service was one of the ten All India Services. In 1946 at the Premier's Conference, the Central Cabinet decided to form the Indian Administrative Service, based on the Indian Civil Service ; and the Indian Police Service , based on the Imperial Police . There is no alternative to this administrative system... The Union will go, you will not have
1932-519: The All India Services in August 2017, claiming it as being a policy to ensure national integration of the bureaucracy and to ensure an All India character of the services. The existing twenty six cadres were to be divided into five zones by the Department of Personnel and Training. Under the new policy, a candidate first selects their zones of preference, in descending order, then indicates
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#17328455156962024-571: The Cabinet Secretary and a final eight are selected for presentation before the Prime Minister . As an IAS officer progresses in their career, they become eligible for important positions in the central government . These positions include joint secretary, additional secretary, and secretary in different ministries and departments. In these roles, IAS officers are involved in making policies, implementing them, and making important decisions at
2116-428: The Government of India as well as the individual states . IAS officers are also deployed to various government establishments such as constitutional bodies , staff and line agencies, auxiliary bodies, public sector undertakings , regulatory bodies , statutory bodies and autonomous bodies. As with other countries following the parliamentary system of government, the IAS is a part of the permanent bureaucracy of
2208-672: The Indian constitution , the president is empowered with the powers to grant pardons in the following situations: The decisions involving pardoning and other rights by the president are independent of the opinion of the prime minister or the Lok Sabha majority. In most cases, however, the president exercises their executive powers on the advice of the prime minister and the cabinet . The president can declare three types of emergencies: national, state and financial, under articles 352, 356 & 360 in addition to promulgating ordinances under article 123. A national emergency can be declared in
2300-467: The Indo-Pakistani War of 1971 . The first two emergencies were in the face of external aggression and War. They were hence external emergencies. Even as the second emergency was in progress, another internal emergency was proclaimed by President Fakhruddin Ali Ahmed , with Indira Gandhi as prime minister in 1975. In 1977, the second and the third emergencies were together revoked. If the president
2392-640: The Supreme Court under article 142. India achieved independence from the British on 15 August 1947 , initially as a dominion within the Commonwealth of Nations with George VI as king, represented in the country by a governor-general . Following independence, the Constituent Assembly of India , under the leadership of B. R. Ambedkar , undertook the process of drafting a completely new constitution for
2484-480: The advisory opinion of the supreme court per Article 143 . Per Article 88 , the president can ask the attorney general to attend the parliamentary proceedings and report to him any unlawful functioning if any. The president appoints as prime minister , the person most likely to command the support of the majority in the Lok Sabha (usually the leader of the majority party or coalition). The president then appoints
2576-445: The country at the international level in bilateral and multilateral negotiations. If serving on a deputation, they may be employed in International organization such as the World Bank , the International Monetary Fund , the Asian Development Bank , the Asian Infrastructure Investment Bank , and the United Nations or its agencies . IAS officers are also involved in the conduct of elections in India as mandated by
2668-491: The legislative powers of parliament is violating the constitution, they can send back the bill with their recommendation to pass the bill under the constituent powers of parliament following the Article 368 procedure. When, after reconsideration, the bill is passed accordingly and presented to the president, with or without amendments, the president cannot withhold their assent from it. The president can also withhold their assent to
2760-443: The prime minister . Such a proclamation must be approved by the parliament with at least a two-thirds majority within one month. Such an emergency can be imposed for six months. It can be extended by six months by repeated parliamentary approval-there is no maximum duration. In such an emergency, Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. However,
2852-625: The supreme commander of the Indian Armed Forces . Droupadi Murmu is the 15th and current president, having taken office from 25 July 2022. The office of president was created when India became a republic on 26 January 1950 when its constitution came into force. The president is indirectly elected by an electoral college comprising both houses of the Parliament of India and the legislative assemblies of each of India's states and territories , who themselves are all directly elected by
Shah Commission - Misplaced Pages Continue
2944-619: The Emergency the provisions of the Maintenance of Internal Security Act and the Defence of India Rules were not followed but were abused in order to damage political opponents. In Chapter XV of the 26 April 1978 Interim Report the Commission said: "The decision to arrest and release certain persons were entirely on political considerations which were intended to be favourable to the ruling party. Employing
3036-708: The HEICCS was replaced by the Indian Civil Service (ICS), which became the highest civil service in India between 1858 and 1947. The last appointments to the ICS were made in 1942. With the passing of the Government of India Act 1919 by the Parliament of the United Kingdom , the Indian civil services—under the general oversight of the Secretary of State for India —were split into two arms,
3128-578: The Indian Administrative Service. IAS officers may enter the IAS by passing the Civil Services Examination , which is conducted by the Union Public Service Commission (UPSC). Officers recruited this way are called direct recruits or regular recruits (RR). Some IAS officers are also recruited from the state civil services, and, in rare cases, selected from non-state civil service. The ratio between direct recruits and promotees
3220-503: The Indian Union has no power to do so, so long as his Ministers command a majority in Parliament As per Article 53 , the executive power of the country is vested in the president and is exercised by the president either directly or through officers subordinate to him in accordance with the constitution. When parliament thinks fit it may accord additional executive powers to the president per Article 70 which may be further delegated by
3312-475: The Presidential and Vice-Presidential Elections Act, 1952, a candidate to be nominated for the office of president needs 50 electors as proposers and 50 electors as seconders for their name to appear on the ballot . Article 56(1) of the constitution provides that the president shall hold office for a term of five years, from the date on which they enter their office. According to Article 62, an election to fill
3404-531: The Right to Life and Personal Liberty cannot be suspended ( Article 21 ). The president can make laws on the 66 subjects of the State List (which contains subjects on which the state governments can make laws). Also, all money bills are referred to the president for approval. The term of the Lok Sabha can be extended by a period of up to one year, but not so as to extend the term of parliament beyond six months after
3496-573: The Supreme Court found that the special courts were not legally constituted, so no trials were conducted. Several of the officials indicted by the Shah commission went on to have successful careers. On 23 June 1980, Indira Gandhi's son Sanjay Gandhi died in the plane crash. As per Hewitt, Indira Gandhi attempted to recall copies of the report wherever possible. However, suppression was not successful. Era Sezhian, an Indian parliamentarian republished his copy of
3588-520: The Union government. However, the Union government can insist on compliance with its loan terms when a state has an outstanding loan charged to the consolidated fund of India or an outstanding loan in respect of which a guarantee has been given by the Government of India under the liability of consolidated fund of India. Under article 360 of the constitution, the president can proclaim a financial emergency when
3680-490: The bills per Article 368 (2) . When either of the two Houses of the Parliament of India is not in session, and if the government feels the need for an immediate procedure, the president can promulgate ordinances that have the same force and effect as an act passed by parliament under its legislative powers. These are in the nature of interim or temporary legislation and their continuance is subject to parliamentary approval. Ordinances remain valid for no more than six weeks from
3772-553: The candidate. If the candidate was not placed in a vacancy in their home state, they would be allocated to other states, which were selected from a roster in alphabetic order, starting from 'a', 'h', 'm' or 't', depending on the year. For example, if in a particular year the roster begins from 'a', then the first candidate on the roster will go to the Andhra Pradesh state cadre, the next one to Bihar , and then to Chhattisgarh , Gujarat and so on in alphabetical order. The next year
Shah Commission - Misplaced Pages Continue
3864-418: The chief justice. The President may dismiss a judge with a two-thirds vote of the two Houses of the parliament. The Indian government's chief legal adviser, Attorney-General for India , is appointed by the president of India under Article 76(1) and holds office during the pleasure of the president. If the president considers a question of law or a matter of public importance has arisen, they can also ask for
3956-553: The circumstances in which the emergency was proclaimed, the commission found that there was no economic crisis and no crisis of law and order. The commission decided that the decision to impose Emergency was made by prime minister Indira Gandhi alone, without consulting her cabinet colleagues, and was not justified. The report was particularly scathing of Indira Gandhi, her son Sanjay Gandhi , Pranab Mukherjee , Bansi Lal , Kamal Nath and officers belonging to civil services who helped Sanjay Gandhi. The commission concluded that during
4048-464: The citizens. Article 53 of the Constitution of India states that the president can exercise their powers directly or by subordinate authority, though all of the executive powers vested in the president are, in practice, exercised by the prime minister heading the Council of Ministers . The president is bound by the constitution to act on the advice of the council and to enforce the decrees passed by
4140-473: The civil services were classified into three – covenanted, uncovenanted and special civil services. The covenanted civil service, or the Honourable East India Company's Civil Service (HEICCS), as it was called, largely comprised civil servants occupying the senior posts in the government. The uncovenanted civil service was introduced solely to facilitate the entry of Indians onto
4232-502: The commission began hearing oral evidence of witnesses. In these hearings, where everyone testifying was allowed legal representation, the commission tried to follow much the same approach as a courtroom. Many people gave evidence. Some people who were asked to give evidence declined, or after initial appearances refused to give further evidence. Indira Gandhi disputed the legality of the Commission and refused to file any statement. Katherine Frank said in her biography of Indira Gandhi that
4324-461: The constitution to re-promulgate president's rule in a state when the earlier promulgation ceased to operate for want of parliaments approval within two months duration. During 2014 in Andhra Pradesh, president's rule was first imposed on 1 March 2014 and it ceased to operate on 30 April 2014. President's rule was promulgated after being fully aware that the earliest parliament session is feasible at
4416-405: The control of any of the said Governments. Certain office-holders, however, are permitted to stand as presidential candidates. These are: In the event that the vice president, a state governor or a minister is elected president, they are considered to have vacated their previous office on the date they begin serving as president. A member of parliament or a State Legislature can seek election to
4508-551: The country. When India was partitioned following the departure of the British in 1947, the Indian Civil Service was divided between the new dominions of India and Pakistan . The Indian remnant of the ICS was named the Indian Administrative Service, while the Pakistan remnant was named the District Management Group (later renamed to Pakistan Administrative Service in 2012). The modern Indian Administrative Service
4600-474: The country. The Constitution of India was eventually enacted on 26 November 1949 and came into force on 26 January 1950, making India a republic . The offices of monarch and governor-general were replaced by the new office of President of India, with Rajendra Prasad as its first incumbent. India retained its Commonwealth membership per the London Declaration , recognising The King as "the symbol of
4692-411: The date the parliament is convened unless approved by it earlier. Under Article 123 , the president as the upholder of the constitution shall be satisfied that immediate action is mandatory as advised by the union cabinet and they are confident that the government commands majority support in the parliament needed for the passing of the ordinance into an act and parliament can be summoned to deliberate on
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#17328455156964784-410: The end of May 2014 after the general elections. It was reimposed again unconstitutionally on 28 April 2014 by the president. Article 282 accords financial autonomy in spending the financial resources available with the states for public purposes. Article 293 gives liberty to states to borrow without any limit to its ability for its requirements within the territory of India without any consent from
4876-457: The end of the declared emergency. National Emergency has been proclaimed 3 times in India to date. It was declared first in 1962 by President Sarvepalli Radhakrishnan , during the Sino-Indian War . This emergency lasted through the Indo-Pakistani War of 1965 and up to 1968. It was revoked in 1968. The second emergency in India was proclaimed in 1971 by President V. V. Giri on the eve of
4968-413: The executive and legislative entities of India shall be used in accordance to uphold the constitution. There is no bar on the actions of the president to contest in the court of law. Legislative power is constitutionally vested in the Parliament of India of which the president is the head, to facilitate the lawmaking process per the constitution (Article 78, Article 86, etc.). The president summons both
5060-721: The executive and legislative entities of the Indian Union. Under the draft constitution the President occupies the same position as the King under the English Constitution. He is the head of the state but not of the Executive. He represents the Nation but does not rule the Nation. He is the symbol of the Nation. His place in the administration is that of a ceremonial device on a seal by which the nation's decisions are made known. The primary duty of
5152-457: The executive or legislature which are unconstitutional. The president is the foremost, most empowered and prompt defender of the constitution (Article 60), who has pre-emptive power for ensuring constitutionality in the actions of the executive or legislature. The role of the judiciary in upholding the Constitution of India is the second line of defence in nullifying any unconstitutional actions of
5244-431: The financial stability or credit of the nation or any part of its territory is threatened. However, until now no guidelines defining the situation of financial emergency in the entire country or a state or union territory or a panchayat or a municipality or a corporation have been framed either by the finance commission or by the central government. Such an emergency must be approved by the parliament within two months by
5336-492: The former prime minister was unwilling to cooperate during the deposition. J.C. Shah lost patience after three days of patient questioning and reprimanded her. Indira Gandhi used the Shah commission as a forum to present herself as a victim of persecution, and this was reinforced when the government first arrested and then released her. The Shah commission was later criticized for confusing investigation with inquiry. It had issued notices requesting testimony on oath without telling
5428-542: The free association of its independent member nations and as such the Head of the Commonwealth." The Indian constitution accords to the president the responsibility and authority to defend and protect the Constitution of India and its rule of law. Invariably, any action taken by the executive or legislature entities of the constitution shall become law only after the president's assent. The president shall not accept any actions of
5520-462: The government had commenced trying to exert pressure on the courts to support the government's stance in various matters, and that Justice Shah had been against this. President of India The president of India ( ISO : Bhārata kē Rāṣṭrapati ) is the head of state of the Republic of India . The president is the nominal head of the executive, the first citizen of the country, as well as
5612-418: The houses ( Lok Sabha and Rajya Sabha ) of the parliament and prorogues them. They can dissolve the Lok Sabha . The president inaugurates parliament by addressing it after the general elections and also at the beginning of the first session every year per Article 87(1). The presidential address on these occasions is generally meant to outline the new policies of the government . All bills passed by
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#17328455156965704-615: The lower rung of the administration. The special service comprised specialised departments, such as the Indian Forest Service, the Imperial Police and the Indian Political Department , whose ranks were drawn from either the covenanted civil service or the Indian Army . The Imperial Police included many Indian Army officers among its members, although after 1893 an annual exam was used to select its officers. In 1858
5796-411: The nation; and is an inseparable part of the executive of the Government of India . As such, the bureaucracy remains politically neutral and guarantees administrative continuity to the ruling party or coalition . Upon confirmation of service, an IAS officer serves a probationary period as a sub-divisional magistrate . Completion of this probation is followed by an executive administrative role in
5888-416: The national level. They can also be appointed as advisors to the central government or serve in autonomous bodies, commissions, and international organizations. These opportunities allow IAS officers to contribute to the development and governance of the country on a larger scale. On attaining the apex scale, IAS officers may lead government departments or ministries. In these roles, IAS officers represent
5980-488: The nationalization of banks, and that much of the information regarding her perceived authoritativeness was untrue. She also claimed that there had been clear evidence of the danger of destabilization both from within India as well as from external agencies, which necessitated her writing to the President, asking for permission to impose a state of emergency. However, in an article in Frontline, A.G. Noorani contended that by 1970,
6072-429: The office of the president but if they are elected as president, they shall be deemed to have vacated their seat in parliament or State Legislature on the date on which they enter upon their office as President [Article 59(1)] . Article 57 provides that a person who holds, or who has held, office as president shall, subject to the other provisions of this constitution, be eligible for re-election to that office. Under
6164-591: The officers from the Indian Foreign Service . The president is the first citizen of the country. The president is the Supreme Commander of the Indian Armed Forces . Only the president can declare war or conclude peace, on the advice of the Union Council of Ministers headed by the prime minister. All important treaties and contracts are made in the president's name. As mentioned in Article 72 of
6256-631: The other members of the Council of Ministers, distributing portfolios to them on the advice of the prime minister. The Council of Ministers remains in power at the 'pleasure' of the president. The president appoints 12 members of the Rajya Sabha from amongst persons who have special knowledge or practical experience in respect of such matters as literature, science, art and social service. The president may nominate not more than two members of Anglo Indian community as Lok Sabha members per Article 331 , which
6348-456: The parliament can become laws only after receiving the assent of the president per Article 111 . After a bill is presented to them, the president shall declare either that they assent to the Bill, or that they withhold assent from it. As a third option, they can return a bill to parliament, if it is not a money bill , for reconsideration. President may be of the view that a particular bill passed under
6440-543: The passing of the ordinance as soon as possible. The promulgated ordinance is treated as an act of parliament when in force and it is the responsibility of the president to withdraw the ordinance as soon as the reasons for the promulgation of the ordinance are no longer applicable. Bringing laws in the form of ordinances has become a routine matter by the government and president, but the provisions made in Article 123 are meant for mitigating unusual circumstances where immediate action
6532-540: The police to the advantage of one party is a sure source of subverting the rule of law". The report found that most Indian Administrative Service officers accepted orders even though they thought these orders were improper and had political motives. It said "Even the cream of the talent in the country in the administrative field often collapses at the slightest pressure". It described cases of IAS officers practicing "forging of records, fabrication of ground[s] of detention, ante-dating detention orders, and callous disregard of
6624-404: The president is to preserve, protect and defend the constitution and the law of India as made part of their oath (Article 60 of Indian constitution). The president is the common head of all independent constitutional entities. All their actions, recommendations ( Article 3 , Article 111, Article 274, etc.) and supervisory powers ( Article 74(2) , Article 78C, Article 108, Article 111, etc.) over
6716-474: The president to the governors of states per Article 160 . Union cabinet with prime minister as its head, should aid and advise the president in performing their functions. Per Article 74 (2) , the council of ministers or prime minister are not accountable legally to the advice tendered to the president but it is the sole responsibility of the president to ensure compliance with the constitution in performing their duties. President or their subordinate officers
6808-461: The president. However, in practice, such negotiations are usually carried out by the prime minister along with their Cabinet (especially the Minister of External Affairs ). Also, such treaties are subject to the approval of the parliament. The president represents India in international forums and affairs where such a function is chiefly ceremonial. The president may also send and receive diplomats, i.e.
6900-552: The president. The Legislative Assembly can be dissolved or may remain in suspended animation. The parliament makes laws on the 66 subjects of the state list (see National emergency for explanation). A State Emergency can be imposed via the following: This type of emergency needs the approval of the parliament within 2 months. It can last up to a maximum of three years via extensions after each 6-month period. However, after one year it can be extended only if The Sarkaria Commission held that presidents have unconstitutionally misused
6992-450: The provision of Article 356 many times for achieving political motives, by dismissing the state governments although there was no constitutional break down in the states. During 2005, President's rule was imposed in Bihar state, misusing Article 356 unconstitutionally to prevent the democratically elected state legislators to form a government after the state elections. There is no provision in
7084-422: The report in a book form called "Shah Commission Report - Lost and Regained". A copy of the report of the commission is held by National Library of Australia . In an interview with TV Eye in 1978, Indira Gandhi responded that the Shah commission had been biased and its findings were untrue. She defended her opinion on the grounds that Justice Shah had already spoken against many policies of her government including
7176-422: The requested party what case they were being asked to meet. It was on this grounds that Indira Gandhi and Pranab Mukherjee refused to depose on oath, and this was the reason why a complaint for contempt by the commission was rejected by a magistrate. The commission published its report on the illegal events during the emergency and the persons responsible in three volumes totaling 525 pages. The first interim report
7268-464: The rights of detainees as regards revocation, parole, etc." The overall picture is that the civil servants felt that they had to show loyalty to the party in power in order to advance their careers. The commission found that vagabonds and beggars were forced into sterilization clinics during the emergency by Youth Congress workers and the police. Auto-rickshaw drivers had to show a sterilization certificate to get their license renewed. In May 1978, after
7360-645: The roster starts from 'h', for either Haryana or Himachal Pradesh (the two states alternate roster years). This system, practised since the mid-1980s, ensured that officers from different states were placed all over India. The system of permanent state cadres resulted in wide disparities of professional exposure for officers when comparing those from developed versus less developed states. Changes in state cadres were only permitted on grounds of marriage to an All India Services officer of another state cadre or under other exceptional circumstances. The officers were allowed to go to their home state cadre on deputation for
7452-530: The second interim report of the commission had been issued, some leaders of the Janata party began demanding that special courts be set up to ensure speedy trial of cases related to the emergency. Parliament eventually passed an act establishing two special courts on 8 May 1979. However, it was too late. The government fell on 16 July 1979. After Indira Gandhi returned to power in a landslide election victory in January 1980,
7544-442: The state to observe certain principles (economy measures) relating to financial matters. Article 58 of the constitution sets the principal qualifications one must meet to be eligible to the office of the president. A president must be: A person shall not be eligible for election as president if they hold any office of profit under the Government of India or the Government of any State or any local or other authority subject to
7636-490: The vacancy shall, subject to the provisions of Article 56, be entitled to hold office for the full term of five years from the date on which they enter their office. Indian Administrative Service The Indian Administrative Service ( IAS ) is the administrative arm of the All India Services of Government of India . The IAS is one of the three All India Services along with the Indian Police Service and Indian Forest Service . Members of these three services serve
7728-425: The whole of India or a part of its territory for causes of war or armed rebellion or an external aggression. Such an emergency was declared in India in 1962 ( Indo-China war ), 1971 ( Indo-Pakistan war ), and 1975 to 1977 (declared by Indira Gandhi ). Under Article 352 of the India constitution, the president can declare such an emergency only on the basis of a written request by the cabinet of ministers headed by
7820-558: Was created under Article 312(2) in part XIV of the Constitution of India , and the All India Services Act, 1951 . A special cadre was created in 1954 to administer NEFA (present day Arunachal Pradesh ) and for later Some North Eastern Region. It was first mooted by then Prime Minister Jawahar Lal Nehru . The services were placed under Ministry of External Affairs . In 1968, IFAS was merged with IAS and has hence lost its relevance. There are three modes of recruitment into
7912-444: Was later given an extension to 30 June 1978. Justice Shah was insistent that the commission should complete its work quickly rather than dragging on endlessly like other commissions. He set a deadline of 3 July 1977 as the last date on which complaints could be filed. Complaints were categorized, with some being investigated by commission staff and the more important ones being handled through open hearings. Starting on 29 September 1977
8004-456: Was maintained at 1:2, with one-third of the direct recruits being 'insiders' from the same state. The rest were posted as outsiders according to the state allocation roster in states other than their home states, as indicated by their preference. The typical functions performed by an IAS officer are: At the beginning of their career, IAS officers receive district training with their home cadres followed by their first posting. Their initial role
8096-463: Was observed that the experience of central functions was severely lacking among these deputations, resulting in this change in their training. As part of the new system, IAS assistant secretaries are supposed to work on projects—a new policy in their respective areas—and present it to their respective ministries; of all projects, 36 are selected to be presented before all secretaries of the Government of India ; consequently, 16 are selected to be before
8188-425: Was removed in 2019. Governors of states are also appointed by the president who shall work at the pleasure of the president. Per Article 156 , the president is empowered to dismiss a governor who has violated the constitution in their acts. The president is responsible for making a wide variety of appointments. These include: All international treaties and agreements are negotiated and concluded on behalf of
8280-400: Was required to submit two additional papers along with three optional papers (instead of just the three optional papers like for other civil services) to be eligible for the Indian Administrative Service or the Indian Foreign Service . The two additional papers were postgraduate level submissions, compared to the graduate level of the optional papers, and it was this distinction that resulted in
8372-523: Was secretly felicitated for helping Sanjay Gandhi for arresting high profile political opponents. In the elections held on 16–20 March 1977 Congress Party suffered a defeat at the hands of the Janata Party , which took office on 24 March 1977. The government appointed the commission on 28 May 1977 under Section 3 of the Commissions of Inquiry Act, 1952. The commission was to report by 31 December 1977, but
8464-541: Was submitted on 11 March 1978, dealing with the lead-up to the declaration of the Emergency and the way in which the press was prevented from speaking out. The second interim report discussed police actions and the role of Sanjay Gandhi at the Turkman Gate incident in which police fired on a crowd of people protesting against demolition of their houses. The final report was issued on 6 August 1978 and covered prison conditions, torture and family planning atrocities. Concerning
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