Why no Criminal Proceedings against Governor, Cognizable v/s Non Cognizable

Q) Governor, Regarding the arrest of governor- during his term of office is Governor is immune to criminal proceedings, he cannot be arrested or imprisoned. But civil proceedings can be instituted against him during his term of office by giving two months notice.

My question is Why only for civil cases, not for criminal?Even though criminal proceedings not instituted for personal acts?

COGNIZABLE V/S NON-COGNIZABLE

o   Previous conversation here: http://mentorspeak.blogspot.in/2015/03/what-are-cognizable-non-cognizable.html

o   An offence is called as cognizable, when the police officer can take 'cognizance' of the 'crime' and take further action. The further action, is most of the cases is to arrest the suspect

o   Non-cognizable means, an offence, which the police officer cannot take congnizance as an offence. He cn merely record the incident, and then report to the nearest Magistrate/judge. Then the court decides if that action amounts to a crime or not.

o   For example, when a govt servant demands a document from you, and you refsue to privide. It is an criminal offence. But, it can be taken cognizance only by a court, after hearing the details from the police.

o   Whereas, a murder is a cognizable offience, means, the police can himself/hrself come to an conclusion that its a crime and act accordingly.

CRIMINAL PROCEEDING V/S CIVIL PROCEEDING

o   The state charges a person, of an act which is deterimental to the state

o   if the dispute is between two individuals its a civil dispute!!

o   yes, state is represented by the governor, or the president. So, the governor or president can't book a case on themselves!!

o   Thats why criminal proceedinsg can't be initiated on head of the state!!

o   all the proceedings of individuals and state need not be criminal in nature!! But, all criminal proceeisngs are always bwteeen state and the individual!!

o   Criminal proceedings are subset of big set between govt and individuals!

FIR v/s Chargesheet

o   First information report, is when the police records any communication made to them on occurance of an offence.

o   Charge sheet is a formal complaint on the crime committed filed by the police before the court.

Executive Committees and State's External Debt

#1: What is the difference between a High Powered Committee, Empowered Committee & a High Level Committee

Governments appoint committees to go over issues, study them and submit report on way forward. Sometimes the committees are empowered to take action, sometimes only recommendation, sometimes only on one particular issue, sometimes advisory and sometimes investigative

They can appoint committees as the situation demands or is assessed

Sir, could you elaborate a bit further on the Difference between Empowered Committee v/s High Powered committe v/s High Level Committee. I found composition of committees had nothing to do with their name. All three at times had private persons/ Civil Servants/ juicial members

Vishu, you are right. By definition, an empowered committee is given powers to investigate and take action, high level committee already has people with position and power to act, although the purpose could be restricted to investigation and recommendatory

Expert committees are specialists on the field of investigation; Task force is constituted for achieving a restricted purpose. So govts can constitute them at will and for specific purposes and their composition is also not defined - it can vary from one to another

So it's all to do with their mandate, is that so sir? As in an empowered committee would generally be constituted to investigate an take action, high powered may/may not take action and high level would submit recommendations. Am I on the right track sir?

They may not fall in distinct categories and definitions- can vary from time to time. But logically, yes.

Finally, the reports help the govt to follow its process whether legislative or through executive powers to address the issues based on the reports of the committees

#2: Whether state governments are allowed to borrow externally or not

States dealing directly with WB/IMF?

Yes through a sovereign guarantee of the centre

Decentralisation has taken place and the Fin institutions are allowed to directly deal with the Stares for projects.

Do states have their own sovereign bonds that they can issue?

No.

That is why the sovereign guarantee if the centre. But packages need not be routed only thru the centre. Direct dealing in projects is not allowed. States can negotiate for particular project and seek centres clearance

Why were States withheld from doing so earlier sir? Same arrangement of centre ratifying could have allowed earlier

Well, fear of profligacy, economic discipline and probably maturity

In a globalised era , states for ex Gujarat could organize events like vibrant Gujarat where even IFIs come to participate and fund projects

FRBM has also suggested that States should be allowed; is that owing to the maturity clause you mentioned?

A country of our size cannot exclusively depend on unitary decision making on developmental issues.

Local Self Governments- Urban and Rural

Local government also depends upon the central bank and central cabinet minister for funds to their state, and subsequently the lower local self government of villages

Local govt means, the 3rd tier of the govt. You have a govt at the union level, called as UNION GOVT.

Then you have govt as state level: state govt, and you have govt at NOT district level, but at CITY levels! Like the municipal corporations! They are called as Urban local bodies. The district is called as Zilla panchayat. its a RUB, Rural local body. And the zilla panchayat has another 2 tires! Taluka panachyat and Gram panchayat!

So, we have 5 levels! Each of us will be voting for electing people at 5 levels, if you are in a rural area, and 3 levels if you are in an urban area!

For rural: 1. You vote for electing your gram panchayat member, 2. Elect your taluka panchayat member, 3. Zilla panchayat member, 4. MLA for state assembly 5. MP for parliament!! If you are living in the city, then: 1. Your corporator, 2. MLA, 3. MP

Some people are demanding same 3 levels in cities also!  Means: 1. Ward committe member, 2. Zone committee member, 3. Corporaror, 3. State. 5. Union

Many cities have ward committee system, though the members are not elected. But ZONE system is not there!

What is the rationale of having much more fragmentation in Rural areas as compared to urban areas?

Geography! City is a compact unit!  It will have a around 10,000 sq km; whereas a city will have area arond 100 sq km

So, you need to have one person who can 'reflect' your aspirations, that arise out of your lifestyle; social, economic and political! When the villages are spread far, their social economic life is different! One person can't claim to represent 10 villages!!

As for Urban Local bodies- they all come under urban planning areas, and urban development authorities!

Every town, village is divided into URBAN or RURAL; and each will have a LOCAL administration. If you are in the URBAN area, your place will be either:

                1. Town panchayat or

                2. Town municipality

                3. City Municipality

                4. City corporation.

You may ask why 4 levels?

This is based on population - less than 20k, is town panchayat ; Then upto 1 lakh, its Town municipality.  Above 1 lakh, it becoems a CITY! And above 10 laks, its a Corporation!!

How do you decide if a place is urban or rural?

Its mainly the working population- 75% men in non agri jobs

What is Cantonment board?

Cantonment is a place that is under the occupation of the military forces

As the civilian admn can't be allowed to interfere with the military areas, they are called as cantonment areas, and they are administarted NOT by the elected councils!! (ofcourse!!!), and they are managed by aa board of officers!!

Like IAS, there is IDES (indian defence estate service!!) They manage such cantonment areas!!

Cantonment is treated as urban area. The people work in armed forces and dont do agriculture anyway!!

Election Commission and State Govt

Whether post-dissolution, any government can still operate?

Even after dissolution, till the time the next person takes the charge ,the old government will (whose govt was already dissolved) they will be in power to prevent the leadership vaccum so that the day today works are not affected. They are called "lame duck government". This means that government without much powers.

Do they have enough powers to create friction in handling over the state machinery to the EC?

Nope. They can or may give a try. But election commission is all powerful once the assembly is dissolved. Once they give the notifications for next election its everybody’s mandate to facilitate ECI to conduct free and fair elections. Even Prime minister or president cannot dictate ECI since its a constitutional body. its given enormous powers in terms of its appointment and removal to ensure free and fair election.

And bureaucracy will also be given enough powers to handle the ruckus that MAY be created whoever in power.

Finally if state govt hinders ECI, then Governor can request or President can himself/herself bring the president's rule to chop the wings of state government.

In case of J&K does the EC need to consult the state govt for declaring elections?

ECI has its normal jurisdiction on JK. So does CAG and SC.