COI Unit-2 Part- 4 Union Executive and State Executive

Que2.24. What are the limitations of Lokpal? Answer Limitations of Lokpal 1. Lokpal isn’t free from political influence as the appointing commission itself consists of members from political parties. 2. The appointment of Lokpal can be manipulated in a way as there’s no criterion to decide who’s an ‘ prestigious magistrate ’ or ‘ a person of integrity ’. 3. The 2013 act didn’t give concrete impunity to the whoosh boasters. The provision for the inauguration of inquiry against the plaintiff if the indicted is set up innocent will only discourage people from complaining. 4. The bar has been barred from the dimension of the Lokpal. 5. The Lokpal isn’t given any indigenous backing and there’s no acceptable provision for appeal against the Lokpal. Que2.25. What’s Lok Ayukta? Describe the part of Lok Ayukta. Answer 1. The Lok Ayukta( also Lokayukta) is ananti-corruption ombudsman association in the Indian countries. 2. Once appointed, Lokayukta can not be dismissed nor transferred by the government, and can only be removed by passing an indictment stir by the state assembly. 3. The Lokayukta, along with the Income Tax Department and the Anti Corruption Bureau, substantially helps people publicise corruption among the Politicians and Government officers. part of Lok Ayukta 1. Lokayukta investigates cases of corruption, where substantiated, recommend action. 2. Lokayukta is a great check on corruption. 3. Lokayukta brings about translucency in the system. 4. Lokayukta makes executive ministry citizen friendly. 5. Lokayukta functions largely depend upon governance vested in him and installations handed for taking cognizance of citizens grievances. Que2.26. Explain Lokpal and Lok Ayuktas Act, 2013. Give the salient features of the Lokpal and Lok Ayuktas Act, 2013. Answer The Lokpal and Lok Ayuktas Act, 2013, generally known as The Lokpal Act, is ananti-corruption Act of Indian Parliament in India which seeks to give for the establishment of the institution of Lokpal to interrogate into allegations of corruption against certain important public functionaries including the Prime Minister, press ministers, members of congress, Group A officers of the Central Government and for matters connecting them. Salient features of the Lokpal and Lok Ayuktas Act, 2013 1. Lokpal at the Centre and Lokayukta at the position of the countries. 2. A accreditation for setting up of the institution of Lokayukta through enactment of a law by the State Legislature within a period of 365 days from the date of inception of the Act. 3. Lokpal will correspond of a speaker and a outside of eight members, of which 50 per cent shall be judicial members. 4. 50 per cent of members of Lokpal shall be from SC ST/ OBCs, nonages and women. 5. The selection of speaker and members of Lokpal shall be through a Selection Committee conforming of the Prime Minister, the Speaker, Lok Sabha, Leader of Opposition in the Lok Sabha, Chief Justice of India( CJI) or a sitting Supreme Court judge nominated by CJI, prestigious magistrate to be nominated by the President of India on the base of recommendations of the first four members of the Selection Committee. 6. The Prime Minister has been brought under the horizon of the Lokpal. 7. Lokpal’s governance will cover all orders of public retainers. 8. All realities entering donations. from foreign source in the environment of the Foreign Contribution Regulation Act( FCRA) in excess ofRs. 10 lakh per time are brought under the governance of Lokpal. 9. Provides acceptable protection for honest and upright public retainers. 10. Lokpal will have power of superintendence and direction over any investigative agency including CBI for cases appertained to them by Lokpal. 11. A high powered commission chaired by the Prime Minister will recommend selection of the Director, CBI. 12. Directorate of execution headed by a Director of execution under the overall control of Director, CBI. 13. The Director of Prosecution, CBI’ll be appointed by the Central Government on the recommendation of the CVC for a period of not lower than two times. 14. Transfer of officers of CBI probing cases appertained by Lokpal can be affected with the blessing of Lokpal. 15. The Bill also incorporates vittles for attachment and confiscation of property acquired by loose means, indeed while execution is pending. 16. The Bill lays down clear time lines for primary enquiry and disquisition and trial and towards this end, the Bill provides for setting up of special courts. Que2.27. Write a short note on State Executive. Answer 1. The State Executive consists of the Chief Minister, the Council of Ministers and the Governor. 2. It has the same Administrative pattern as followed by the Union Government with the upper hand being given to the Union in certain matters. 3. This has been done to maintain the unitary spirit of the structure of the country. 4. The Governor plays the twofold part of being the indigenous head at the stage position as well as being a link between the state government and the centre. 5. He She acts on the advice of the Council of Ministers and all administrative conduct are taken in his name. Que2.28. What are the powers and functions of the Governor? Answer Powers and functions of the Governor are given below under four headsA. Executive Powers of the Governor The following comes under his administrative powers 1. Every administrative action that the state government takes is to be taken in his name. 2. How an order that has been taken up his name is to be authenticated, the rules for the same can be specified by the Governor. 3. He may may not make rules to simplify the sale of the business of the state government. 4. Chief Ministers and other ministers of the countries are appointed by him. 5. He appoints the advocate general of countries and determines their remuneration. 6. He seeks information from the state government. 7. A indigenous exigency in the state is recommended to the President by him. 8. The governor enjoys expansive administrative powers as an agent of the President during the President’s rule in the state.B. Legislative Powers of the Governor The following are the legislative powers of the governor 1. It’s in his power to suspend the state council and dissolve the state legislative assemblies. 2. He addresses the state council at the first session of every time. 3. still, Governor may/ may not shoot a bill to the state council concerning the same, If any bill is pending in the state council. 4. still, also Governor appoints a person to preside over the session, If the speaker of the legislative assembly is absent and the same is Deputy Speaker. 5. He can consult Election Commission for the disqualification of members. 6. With respect to the bill introduced in the state council, he can give his assent, withhold his assent, return the bill, reserve the bill for the President’s consideration.C. Financial Powers of the Governor The following are the fiscal powers and functions of the Governor 1. He looks over the state budget being laid in the state council. 2. His recommendation is a prerequisite for the preface of plutocrat bill in the state council. 3. He recommends for the demand for subventions which else can not be given. 4. Contingency Fund of State is under him and he makes advances out that to meet unlooked-for expenditure. 5. State Finance Commission is constituted every five times by him.D. Judicial Powers of the Governor The following are the judicial powers and functions of the Governor 1. He has the following pardoning powers against disciplinei. Pardon ii. Reprieve iii. Respite iv. Remitv. swap 2. President consults the Governor while appointing judges of High Court. 3. In discussion with the state high Court, Governor makes movables , bulletins, and elevations of the quarter judges. 4. In discussion with the state high court and state public service commission, he also appoints persons to the judicial services.

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