REPUBLIC OF INDIA. India achieved its independence from Great Britain on August 15,

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2 REPUBLIC OF INDIA CONSTITUTION India achieved its independence from Great Britain on August 15, Independence and Partition ended nearly ninety years of British rule over the Indian subcontinent and established the Dominions of India and Pakistan. In preparation for India s coming independence, a Constituent Assembly first met in 1946 in Delhi to draft the new governing document for India: the Indian Constitution. The Indian Constitution was drafted by the Constituent Assembly over a period of two years and eleven months. The

3 Constituent Assembly was an elected, representative body with members from every state and province in India. The result of their efforts is the longest written constitution of any country in the world, consisting of 448 articles in 22 parts, and 12 schedules. It is also one of the most often amended constitutions with 113 amendments. Passed on November 16, 1949, the Constitution went into effect on 26 January 1950, the date being chosen for its symbolic meaning, twenty years to the day after the signing of the Indian Declaration of Independence on January 26, India is a democratic republic and the Constitution is the governing document to which all other laws must conform. The Constitution of India outlines the duties of the government and citizens of India, as well as the fundamental rights of the citizens. The Constitution ensures the citizens justice, equality and liberty. The Constitution also provides for three branches of government: executive, judicial, and legislative. LEGISLATIVE BODY The Indian Parliament is similar to the British Parliamentary system. It consists of two houses: the upper house, Rajya Sabha; and 2) the lower house, Lok Sabha. The Rajya Sabha, also known as the Council of States, is made up of 250 members elected by state and territorial assemblies. India has twenty-

4 eight states and seven union territories. Up to twelve members of the Rajya Sabha may be appointed by the President. Members of the Rajya Sabha serve six-year terms. The Lok Sabha, also known as the People s Assembly, is made up of 545 members. Of these, 543 are elected directly by the people and 2 are appointed by the President of India. Members of the Lok Sabha serve fiveyear terms. Legislative power is divided between Parliament and the state legislatures. JUDICIAL SYSTEM Both state and federal laws in India are administered by a single, integrated system of courts. Similar to the United States, the highest court in India is the Supreme Court. It is the responsibility of the Supreme Court to interpret the Indian Constitution. The Supreme Court may also mediate disputes between different states, or between an Indian state and the union. The judicial branch is wholly independent from the executive and legislative branches of the Indian government. The Indian Supreme Court has one Chief Justice and twenty-five Associate Justices, all of whom are appointed by the President. The

5 appointments last until a justice reaches the age of sixty-five. Justices may also be removed for misbehavior. Each Indian state has a four-tiered court system. The highest court in each state is the High Court. In turn, each state is divided into districts. The highest court in each district is Court of Districts and Sessions Judge. The Court of Districts hears civil matters while the Sessions Judge hears criminal matters. Under the Court of Districts and Sessions Judge, Senior Sub-Judges hear civil cases and Chief judicial Magistrates hear criminal cases. All decisions in the district courts may be appealed to the High Court of each state. The courts follow both statutory law as well as common law stare decisis precedent. The Indian Constitution, Civil Procedure Code, Indian Penal Code and Criminal Procedure Code are laws set down by major Parliamentary legislation. EXECUTIVE AUTHORITY The President of India and Vice-President of India are elected for five year terms by an Electoral College made up of members of the Rajya Sabha, the Lok Sabha, and Legislative Assemblies of each state. In addition to the president and vice-president, executive power in

6 India is vested in the Council of Ministers, led by the Prime Minister. The members of the Council of Ministers are appointed by the President on the recommendations of the Prime Minister. The Prime Minster and Council of Ministers aid and advise the President, and the President must act in conjunction with their recommendations. IMPLEMENTATION OF UNITED NATIONS COUNTER-TERRORISM RESOLUTIONS India has ratified fourteen of the sixteen United Nations international legal instruments against terrorism. Ratified Yet to be Ratified The Aircraft Convention: Protocol to the Convention for Convention on Offences and Certain the Suppression of Unlawful Acts Other Acts Committed on Board against the Safety of Maritime Aircraft Navigation Ratified: July 22, 1975 The Unlawful Seizure Convention: 2005 Protocol for the Suppression of 1970 Convention for the Unlawful Acts against the safety of Suppression of Unlawful Seizure of fixed platforms located on the Aircraft Continental Shelf Ratified: The Civil November Aviation Convention: 12, Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Ratified: November 12, 1982 The Diplomatic Agents Convention: 1973 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons Ratified: April 11, 1978

7 Ratified Yet to be Ratified Hostages Convention: 1979 International Convention against the Taking of Hostages Ratified: September 7, 1994 Nuclear Materials Convention: 1980 Convention on the Physical Protection of Nuclear Material Ratified: March 12, 2002 Airport Protocol and Montreal Convention on Air Safety: 1988 Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Ratified: March 22, 1995 Maritime Convention: 1988 Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the 2005 Protocol to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation Ratified: October 15, 1999 Fixed Platform Protocol: 1988 Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf and the 2005 Protocol to the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf Ratified: October 15, 1999

8 Ratified Yet to be Ratified Plastic Explosives Convention: 1991 Convention on the Marking of Plastic Explosives for the Purpose of Detection Ratified: November 16, 1999 Terrorist Bombing Convention: 1997 International Convention for the Suppression of Terrorist Bombings Ratified: September 22, 1999 Terrorist Financing Convention: 1999 International Convention for the Suppression of the Financing of Terrorism Ratified: April 22, 2003 Nuclear Terrorism Convention: 2005 International Convention for the Suppression of Acts of Nuclear Terrorism Ratified: December 1, Amendment to the Convention on the Physical Protection of Nuclear Material Ratified: September 19, 2007 In addition, India is working to implement UN Resolutions 1373 and 1624 and has made five reports to the United Nations Counter Terrorism Committee (CTC) on the county s progress. India is far too familiar with terrorism, and attacks within the country are frequent, based on religious intolerance and separatist groups in the northeast and far northwestern portions of the country.

9 Since India s last report to the CTC, India established a Financial Intelligence Unit. The Unit monitors wire transfers and places other monitoring procedures to help recognize and prevent the funding of terrorist organizations. India is also continuing to update customs and border protections and strengthen security in coastal areas. India is also working to improve airline security through increased intelligence and screening of passenger manifests for inbound international passengers prior to landing. India is working with other states to try to combat terrorism in the region. Recently, India joined the Joint Working Group on Counter Terrorism with Bhutan, Nepal, Myanmar, Bangladesh and Sri Lanka. CORRUPTION AND GOVERNANCE India s governance indicators are mostly in the 50 to 70th percentile, scoring best for voice and accountability. Political stability is India s lowest indicator, ranking the country in only the 10-15% percentile. The scores improved steadily from 2003, to 2005 and 2007, but dropped in While India s governance indicators suggest that corruption has decreased slightly from 2003 to 2009, 74% of India s report that corruption has increased in the last three years and 54% of Indians have paid a bribe

10 within the last year.

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