Paper – III

Political Science IV
Government and Politics of India
Paper Code: BL - 4003

Unit - I
• Indian Political System
• Political and constitutional developments from 1919-1947

Unit - II
• Constituent Assembly and framing of the Constitution
• Salient features of the Constitution.

Unit - III
• Indian Union Centre-State Relations
• Union and its territories
• Citizenship

Unit - IV
• Fundamental Rights and Duties
• Directive Principles of State Policy
• Union executive
• Council of Ministers and Prime Minister

Unit - V
• Supreme Court of India
• State High Court
• Regionalism
• communalism
• Casteism in India
Unit - I
Indian Political System

introduction
India is a land of continental proportions and immense diversity. There are over 20 major languages
and several hundred minor languages. It is home to several major religions. Several million indigenous
people live in different parts of the country. Despite all these variations we share a common land mass.
We have also participated in a shared history, especially when we fought for freedom. We also share
many other important features. It has inspired our national leaders to see India as a country where
there is unity in diversity. Sometimes it is described as unity with diversity.

Federalism does not involve a set of fixed principles, which apply to different historical situations.
Rather, federalism as a principle of government has developed differently under different
circumstances. American federalism – one of the first major attempts at building federal politics –
differs from German or Indian federalism. But there are also some key ideas and concepts associated
with federalism.

❖ Essentially, federalism is an institutional mechanism to accommodate two types of politics- one

at the regional level and the other at the national level. Each government is autonomous in its
territory. Some federal countries also have dual citizenship. There is only one citizenship in
India.
❖ Similarly, people have two sets of identities and loyalties – they belong to the region as well as
the country, for example we are Gujaratis or Jharkhandis as well as Indians. Each level of politics
has different powers and responsibilities and has a different system of government.
❖ The details of this dual system of government are generally written in a written constitution,
which is considered supreme and which is also the source of power of both sets of government.
Some subjects, which are related to the nation as a whole, for example, defense or currency, are
the responsibility of the Union or the Central Government. Regional or local matters are the
responsibility of the regional or state government.
❖ There is an independent judiciary to settle disputes to prevent conflicts between the Centre and
the state. The judiciary has the powers to resolve disputes between the central government and
the states over legal matters regarding the division of power.

Real politics, culture, ideology and history determine the real functioning of the Union. A culture of
trust, cooperation, mutual respect and restraint helps the associations to function smoothly. Political
parties also determine how the constitution will work. If any one entity or state or linguistic group or
ideology becomes passive among people or its units not sharing the dominant voice. These conditions
can lead to demand or isolation by suffering units or even civil war. Many countries are embroiled in
such conflict situations.

unionism
introduction
Federalism is a system of government in which powers are divided between the centre and its
constituent parts such as states or provinces. It is an institutional mechanism to accommodate two sets
of polities, one at the central or national level and the other at the regional or provincial level.

Federal System – Two Types of Union

In a union system, there are two seats of power that are autonomous in their territory. A federal system
differs from a unitary system in which sovereignty is constitutionally divided between two regional
tiers so that each tier can function independently of the other in certain areas.
Associations are of two types:
1. Holding Together Federation – In this type, powers are shared between different component
parts to accommodate diversity throughout the unit. Here, the powers are usually inclined
towards the central authority. Examples: India, Spain, Belgium.
2. Coming Together Federation – This type of independent states join together to form a larger
entity. Here, the states enjoy more autonomy than the union holding them together. Examples:
USA, Australia, Switzerland.

Features of India's Federal System

1. Dual government politics
2. Division of powers between different levels
3. Rigidity of Constitution
4. Independence Judiciary
5. Dual Citizenship
 6. bicameral

Not all associations may have all of the above features. Some of them can be included depending on the
type of association.

Federalism in India
India is a federal system but with more inclination towards a unitary system of government. It is
sometimes considered a quasi-federal system because it has the characteristics of both federal and
unitary systems. Article 1 of the Indian Constitution states, 'India, that is Bharat, shall be a Union of
States'. The word 'Union' is not mentioned in the Constitution.
1919 Government of India Act Elements of federalism were introduced in modern India by, which
separated the powers between the central and provincial legislatures.

Federal Features of the Indian Union

• Governments at two levels – Centre and State
• Division of powers between the Centre and the States – The Seventh Schedule of the Constitution
contains three lists that give subjects jurisdiction at each level:
o Union List
o State List
o Concurrent List
• Supremacy of the Constitution - The basic structure of the constitution laid down by the
judiciary is indestructible. The Constitution is the supreme law in India.
• Independent Judiciary - The Constitution provides for an independent and integrated judiciary.
The lower and district courts are at the lower level, the High Courts are at the state level and the
highest is the Supreme Court of India. All courts are subordinate to the Supreme Court.

Unitary Features of Indian Union

• Flexibility of Constitution - The Constitution is a mixture of flexibility and rigidity. Some

provisions of the Constitution can be easily amended. If the amendments want to change aspects
of federalism in India, So, the provision of bringing such amendments is not easy. ( Types of
Majority in the Parliament of India Read about By the use of which amendments or some other
provisions have been introduced.)
• More power is vested with the Centre – the Constitution guarantees more powers with the
Union List. On subjects in the Concurrent List, Parliament can make laws that can repeal laws
made by the State Legislature on certain matters. Parliament can also make laws on certain
subjects in the State List.
• senate Unequal representation of states in- The representation of states in the Upper House
is based on the population of the states. For example, Rajya Sabha in Uttar Pradesh 31 and in Goa
1 There is a seat. In an ideal federal system, all states should have equal representation.
• Executive is a Part of Legislature – In India, both at the Centre and in the States the Executive
is a part of the Legislature. This goes against the principle of division of powers among different
organs of government.
• Lok Sabha is more powerful than Rajya Sabha – In our system, Lok Sabha is more powerful
than Upper House and powers unequal to two houses are against the principle of federalism.
• Emergency Powers - Emergency powers are given to the Centre. When an emergency is
imposed, So the Centre has increased control over the states. This weakens the autonomy of the
States. (In the article you linked President's Rule-paragraph 356 Case-ending showing
possession or relation You can also read about ।)
 • Integrated Judiciary - The judiciary in India is integrated. There is no separate judiciary at the
Central and State level. ( From the notes mentioned in the linked article Indian Judiciary Find
out more about.)
• Single Citizenship – Only single citizenship is available to citizens in India. They cannot even
be citizens of the state. It helps in enhancing the feeling of nationalism as it creates unity between
regional and cultural differences. It also enhances fundamental rights such as freedom of
movement and residence in any part of the country.
• Appointment of Governor- The Governor of a state acts as the representative of the Centre in
the state. The Governor is appointed by the Centre and not the state government.
• Formation of New States – Parliament has the power to change the area of the state by
increasing or decreasing the area of the state. It can also change the name of a state.
• All India Services – Through All India Services such as IAS, IPS etc., the Centre intervenes in
the executive powers of the states. These services also provide uniformity in administration
across the country.
• Integrated Election Machinery - The Election Commission of India is responsible for
conducting free and fair elections in India at both the central and state levels. The members of
the Election Commission are appointed by the President.
• Veto on state bills - The Governor of a state can reserve certain types of bills for the
consideration of the President. The President has a full veto on these bills. He can also reject the
bill a second time, When the bill is sent after reconsideration by the state legislature. This
provision is different from the principles of federalism. ( Veto Power About Expand Read in the
article linked to)
• Integrated Audit Machinery- The President of the country appoints the CAG which audits the
accounts of both the Centre and the states.
• Power to remove key officials - The state government or state legislature has the state
election commissioner, Judges of High Courts , Or even at the state level, such as the chairman
of the state public service, does not have the authority to remove some key government officials.
Commission.

conclusion
Unionism is like a rainbow, where every color is different, yet they join together to form a
harmonious pattern. Federalism has to constantly maintain a difficult balance between the Centre
and the States. No legal or institutional formula can guarantee the smooth functioning of a federal
polity. Ultimately, people and the political process must develop a culture and a set of values and
qualities such as a spirit of mutual trust, tolerance and cooperation. Federalism celebrates both
unity and diversity. National integration cannot be built by streamlining differences. Such forced
unity only creates more social strife and alienation and ultimately destroys unity. A responsive
polity sensitive to the demands of diversity and autonomy can be the basis of a cooperative
federation.

What were the Montagu Chelmsford reforms? (1917 Declaration)

• Edwin Montagu was appointed as the Secretary of State for India in 1917 and he remained in
that office till 1922 . He was critical of the way India was governed.
• On 20 August 1917, Montagu presented the historic Montagu Declaration (August Declaration) to
the British Parliament . This declaration proposed the increasing participation of Indians in
administration and the development of self-governing institutions in India.
• In 1917, Montagu visited India and interacted with various representatives of Indian politics,
including Mahatma Gandhi and Muhammad Ali Jinnah.
 • He, along with the Governor-General of India, Lord Chelmsford, brought out a detailed report
titled Constitutional Reforms in India , also known as the Montagu-Chelmsford Report. The
report was published on July 8 , 1918.
• This report formed the basis of the Government of India Act 1919 (alternatively called the
Montague-Chelmsford Reforms or Montford Reforms).
• The report was rejected by most Indian leaders. Annie Besant (born October 1 , 1847) referred
to it as 'worthy of being introduced by England or accepted by India'.

There were several factors that eventually led to the 1917 Declaration. They are as follows:

i. Spread of Western Education: Since the Morley Minto reforms 1918 By then the people of
India were making enthusiastic claims for self-government. During the above period the national
movement and political training were going on with terrible velocity. People were full of enthusiasm
and hope. The spread of western education expanded the mental horizons of the people and
enlightened them. The educated Indian knew very well that the real power lay with the government.
The councils were given only nominal authority to criticize the policy of the government and nothing
else. They knew that Indians had little or no right in the control and administration of the affairs of
their country. Thus the educated Indians were not satisfied with their existing condition and were
demanding more and more reforms.
ii. Minutes-Dissatisfaction with Morley reforms: Morley Minto improvement half-were
incomplete and quite inadequate. The authors of the Montford Reforms criticized them. Morley-The
Minto reforms were also called mere moonlight. They were also depicted as shadows and not
matter, Not as influence and power. They are full of faults and half--They were half-hearted. The
result was that the people and the political parties were not satisfied with these reforms. Even
moderates who applauded the reform later became disillusioned. Naturally there was a popular
sentiment that reforms were necessary and the government realised this in due course.
iii. Encouragement of the First Great War and the Demand for Self-Government:
The First World War made the Indians forget all their differences with the British. At the behest
of Mahatma Gandhi, the people of India made commendable contributions to the war effort of the
British Government. Indian soldiers fought on the side of the British in many foreign countries and
the Indian people and princes contributed huge amounts of money. During the war Indians had
directly or indirectly helped the British allies against Germany. Unprecedented valour of Indians,
The people of England were amazed to see the sacrifice and loyalty. This probably led to a change of
heart and the British thought of giving the Indians something else in stages to the responsible
government.

declaration: Following Chamberlain's position as Secretary of State for India, Mr. Montagu suggested
his formula for the solution of the Indian constitutional question. This formula contained the policy of
the British Government towards India. As originally prepared by Mr. Montagu, This Policy "His
Majesty's Government and the Government of India having regard to the gradual development of free
institutions in India with a view to ultimate self-government within the Empire" The. after that, The
policy was rewarded and then Mr. Montagu 1917 Announced in the House of Commons in. He was
sympathetic to Indian aspirations and gave proof of it. He said, "Government of India has plenty of wood
to be of any use for modern purposes, Too iron, Very inept, It is very old. I don't believe anyone can ever
support the Indian government ..."

The famous speech, in which the goal of the British government in India was announced in the House
of Commons. It was as follows:

"The policy of His Majesty's Government, with which the Government of India is in full agreement, is
with a view to the growing engagement of Indians in the very branch of administration and the
progressive realization of responsible government with a view to the gradual development of the self-
governing institution. India as an integral part of the British Empire. They have decided that adequate
steps should be taken in this direction at the earliest, and it is of paramount importance to consider
that these steps should be an exchange of free and informal views between Home Rule officials in India.
....”

Mr. Montagu is gone.... . "I would add that progress in this policy can only be achieved from successive
steps. The British Government and the Government of India, which have the responsibility for the
welfare and advancement of the Indian people, must be decisive of the timing and measure of each
advance, and must be guided by the co-operation they receive from those upon whom new
opportunities the services will be rendered and to the extent it is found that their sense of responsibility
may be relied upon.

Significance of the Declaration

1. It states in clear and unambiguous terms what would be the policy of the British Government in
India and what would be the ultimate aim or goal.
2. The declaration made it clear that the British government and felt that the time had come to
build something towards giving the Indians more reforms of their choice.
3. Mr. Montague's declaration also made it clear that the grant of India's self-government within
the British Empire, must be given gradually and in gradual stages.
4. It was also made clear in the Declaration of 20th August, 1917 that the policy of progressive
attainment of progressive Government in India would be followed by the British Government in
India.
5. Thus the Declaration of 20th August, 1917 has served as an important milestone or turning
point in the policy of the British Government towards India.

Government of India Act 1919

The Government of India Act 1919 was enacted by the Secretary of State for India, Edwin Samuel
Montagu and Lord Chelmsford, Viceroy of India. The British Government declared for the first time that
they wanted to introduce a responsible government in India. It was a provision that classified the
powers of the central and provincial governments.

The Act of 1919 was passed when India was standing at a peculiar crossroads. The First World War
began in 1914. India contributed to the war effort on behalf of the British. There were other incidents
and were happening in India. To investigate matters on the spot, Mr. Montagu, came to India as the head
of a deputation. He took Lord Chelmsford, the Viceroy of India, with him and both visited India
extensively, interviewed Indian leaders and prepared a report. This report included the reforms that
India was going to get. The report was submitted to the British Parliament and it came from the
mainstay of the Government of India Act of 1919, commonly known as the Montague-Chelmsford
Reforms or the Montford Reforms.

Montague Chelmsford Reforms

• India was to remain an integral part of the British Empire. There was no place for freedom until
now.
• Gradual decentralization of authority was proposed. The powers of the viceroy in Delhi were to
be distributed among the provinces.
• The unitary form of government continued despite decentralization.
• The British Parliament was responsible for forming a responsible government in India.
 • However, partial responsibilities were granted to the provinces; Therefore, there was no change
in the working style of the central government. There was no diarchy in the Central Government.
• The bicameral system was introduced in the political system of India. The Indian Legislative
Council was replaced by a bicameral system which was a combination of the Council of States
and the Legislative Assembly (which are currently Rajya Sabha and Lok Sabha).
• Under the Government of India Act 1919, this was the first time that the budgets of the Centre
and the provinces were separated. This means that provinces are now allowed to budget their
own according to the requirements.
• Separate communal electorates were extended to Christians. The Muslims already had a
separate communal electorate. After that Sikhs, Christians and Anglo-Indians were also included.

History of the Montague Chelmsford Reform

The Government of India Act 1919 is also called the Montagu Chelmsford Reforms, because in 1917,
Edwin Montagu was made the Secretary of State for India. Edwin Montagu's goal was to develop
gradually to make a self-governing country of Indians. He put this idea in front of the British Parliament.
Lord Curzon agreed to the proposal. He advised Edwin Montagu to increase the number of Indians in
government jobs. The collective proposal of Lord Curzon and Edwin Montague was approved and
accepted by the cabinet and hence implemented.

Major Provisions of Government of India Act 1919:

❖ Dual governance was introduced in the form of two classes of administrators namely executive
councillors and ministers.
❖ The governor was the executive head of the provincial government.
❖ The subjects were classified into two lists – reserved and transferred. The reserved list was
under the Governor and Councillors and the transferred list was under the Ministers.
❖ The ministers were nominated from the elected members of the Legislative Council. They were
answerable to the legislature while the councillors were not answerable to the legislature.
❖ The size of the legislative assemblies was expanded with about 70% of the members being
elected. The Act also provided for class and communal voters. There were some provisions for
women to vote but their scope was limited.
❖ The governor had veto power over the council.
❖ At the central government level, the governor-general was the chief executive authority.
❖ This report introduced the bicameral legislature with 2 houses – the Legislative Assembly
(forerunner of Lok Sabha) and the Council of State (forerunner of Rajya Sabha).
❖ The Viceroy's Executive Council had 8 members out of which 3 were Indians.
❖ Even though elections were introduced, the franchise was partial in nature, not universal. Only
certain people who owned property or held a title or office could vote.
❖ This Act provided for the establishment of a Public Service Commission for the first time.
❖ It also built the office of the High Commissioner of India in London.

What were the results of the Montagu-Chelmsford reforms?

• The report was significant as for the first time concrete steps were taken to include more Indians
in the administration of their own country. Elections were introduced which undoubtedly
brought a political consciousness among the least educated Indians.
• But the reforms failed to meet the grievances and legitimate demands of the Indian nationalists.
The viceroy still had enormous powers to undermine the effectiveness of the legislatures. Also,
the franchise was very limited and narrow.
The Montague-Chelmsford report said that a survey should be conducted after 10 years. To this effect,
Sir John Simon (Simon Commission) was in charge of the survey that recommended further changes.
Three Round Table Conferences were held in London in 1930, 1931 and 1932. But there was no
progress in any of these.
The major disagreement between the Indian National Congress and the British was separate electorates
for each community, which the Congress opposed, but retained them in Ramsay Macdonald's
Communal Award. A new Government of India Act 1935 was passed, taking a step towards self-
government first undertaken in the Montagu-Chelmsford Report.
The Government of India Act 1919, also known as the Councils Act 1919, and the Montagu
Chelmsford Reforms, describe how the British Parliament agreed to the participation of Indians in its
government system and administration. It is important to know about this act as it was the first time
when the British government showed any kind of responsibility towards the Dominion of India.

Features of Government of India Act 1919

Some of the salient features of the Government of India Act 1919 are as follows:

• The Government of India Act 1919 divided the powers of the Centre and the States and limited
the control of the Central Government over the provisions.
• With this, the central government and the provincial government were allowed to make rules
and regulations according to the list of their respective subjects. However, the unitary form of
government still had to be continued.
• In the Montague Chelmsford Reform Act, the provinces were classified into transferred subjects
and reserved subjects based on administration.
• The transferred subjects were administered under the Governor with the assistance of ministers
who were responsible to the Legislative Council. The resulting subjects were administered by
the Governor and the Executive Council.
• This dual style of governance was known as the dual system of government. Diarchy is a word
that is derived from the Greek word di-arche, which means dual rule.
• The Government of India introduced bicameral and direct election system in India. The
bicameral legislature consisted of an upper house and a lower house, whose members were
elected by a process of by-election.
• Three of the six members of the Viceroy's Executive Council were considered Indians apart from
the Commander and Chief, who were British.
• Along with all this, the Government of India Act 1919 also established a new office for the High
Commissioner of India in London, and certain powers which hitherto were held by the Secretary
of State for India were transferred to him.
• The most interesting thing about this act was that it established the concept of Public Service
Commission and Health. A Central Public Service Commission was set up in 1926, which was
opened to recruit civil servants.
• This Act separated the provincial budget from the central budget, where the provinces had to
manage their budgets according to the requirements.
• And finally, it appointed a legal commission to report on the work every 10 years.

Provisions of Government of India Act 1919

The main provisions of the Government of India Act 1919 are as follows:

• It enacted the establishment of the PSC i.e. Public Service Commission.

• Three of the eight in the Executive Council were Indians.
• The office of the High Commissioner of India was established in London, UK.

Factors leading to the Act

1. During the First World War, Indians supported the British wholeheartedly. The Indians were
full of grievances against the British for the fact that even the liberal government did nothing
concrete to appease the hunger of the Indians for reforms. When the World War broke out in 1914,
they forgot their differences with the British government in their war effort. India contributed
 spectacularly in terms of men and money to this war. About one million Indians went abroad to fight
on the side of the British. Indian soldiers fought in East Africa, France, Belgium and Mesopotamia to
give living proof of their loyalty and historical valour to the British. Out of the Indian revenues, more
than one hundred and forty-six million sterling were given. The Government of India bore the
expenses of the Indian soldiers fighting for the British outside India.
2. Disillusionment of Indian Muslims. when 1911 During Lord Hardinge's Viceroyship a
durbar was held in Delhi to welcome the royal guests of England, So a sensational announcement
was made. 1905 The partition of Bengal was annulled. British Justice, Fairness and whatever stood,
The faith of the Muslim community was completely shaken in him. He was shocked by the
announcement of the cancellation of the partition of Bengal. 1912-13 The Balkan War was
considered a Christian conspiracy against Muslim Turkey. Morley-When the Muslims got a separate
Muslim province and separate communal electorate through Into Reforms, their inclination towards
the British became favourable. But soon for the reasons mentioned above, he also spoke of
separation from the British.
3. Minutes- Morley reforms failed to meet Indian aspirations. Morley-Under the Minto
reforms, the Legislative Council completely failed to satisfy even the moderate Indian nationalists.
As Lionel Curtis said, 1909 Under the Act of the Legislative Councils 'The ridicule of the electoral
system' Based on therefore 1909 The Government of India Act of 2014 did not satisfy any section of
Indians. The reform did not give enough rights to the Indians. The structure of the parliamentary
form of government was introduced, But the Executive was not made accountable to the Legislature.
In the case of the Imperial Legislative Council, the official majority was upheld, and in the case of the
Provincial Legislative Councils, the non-majority was retained.-The official majority was presented.
This meant that power was not in the hands of the people's representatives. Even the moderates
were not satisfied with the reforms.
4. Congress-League agreement. Congress leaders participated in the Bombay session of the League.
Both the Congress and the League formulated a common plan of post-war reforms known as the
Lucknow Pact. The Congress agreed to accept the demand of the Muslims for separate
representation and importance. The League Congress agreed to support the agreement, In which
the introduction of provincial autonomy and the expansion of legislatures were recommended.
5. Home Rule Movement. 1915-16 During the 1900s, Mrs. Annie Besant and Lokmanya Tilak
founded the Home Rule Movement. Under the auspices of this movement, Organizations were
established throughout the country and a large amount of propaganda literature was distributed.
The movement aimed at Home Rule for Indians developed great popularity among students, A large
number of whom started joining in.
6. 20 August, 1917 The Declaration of Montague. 1919 The introduction of a system of dual
government in the provinces under the Act of 1947 was based on the recommendation of an English
Round Table Group headed by Sir Lionel Curtis. The document prepared by the Round Table Group
is called the Oxford Group (Roundtable Groups) It was taken as a Duke Memorandum named after
Sir William Duke, a member of the U.S. though, The British government had realized that something
had to be done for the Indians. Secretary of State for India for his contribution to the British war
effort during World War I and other acts of loyalty, Lord Montagu 20 August, 1917 Historic
declaration. The announcement reads, "Policy of His Majesty's Government, What does the
Government of India fully agree with?, If the increasing number of Indians in each branch of
administration and the gradual development of self-government in view of the progressive
attainment of responsible government in India, the time and scale ahead of each stage. The grant of
self-government was clearly stated to be the ultimate goal of the British Government. People were
consoled to some extent and rekindled hope.

Governor's Position

The governor was a link between the two parts of the subjects. He allocated finances among them. The
governor was required to appoint ministers from among the elected members of the provincial
legislature.
Even a non-member of the legislature can become a minister, provided he is duly elected to the
legislature, can become a minister, provided he is duly elected to the legislature, he can become a
minister , provided he is duly elected to the legislature within six months of his appointment. . The
salaries of the ministers were votingable by the legislature. These ministers were responsible to the
legislature for the administration of the devolved subjects which were placed under them. The governor
usually acted on the advice of his ministers, but he could cancel them. In this way, the Governor could
discharge his special responsibilities.

Powers and functions of the Legislature

1. Provincial Legislature
The Act of 1919 gave many powers to the provincial legislatures. Generally, the provincial
legislatures could make laws for the peace, order and good government of the province. These
legislatures could also legislate on subjects in the Central List if one of them was of vital
importance and interest to that particular province. But in such a case the concurrence of the
provisions of the Governor-General was necessary. The legislature's vote on the subject
expenditure transferred was final. But the governor could overrule the legislature's decision.
Bills that were rejected by the legislature could be certified by the governor and thus became
acts. The legislature had no power to discuss or vote on the budget item. Thus the powers of the
provincial legislatures were terribly restricted.

2. Central Legislature
The Central Legislature was quite helpless before the Executive at the Centre. The legislature
had no control over the executive and could be overridden by it. The Union Budget was
presented to the Legislature in the form of Demands for Grants. These items of expenditure were
put up for the opinion of the Council. The legislature can accept or reject these demands. But if
the Governor-General was satisfied that the grant rejected by the Legislature was in the interest
of the administration, he could restore the deduction by his special power. Apart from this, there
were some items in the Budget which were said to be non-voting. No chamber or house of the
Central Legislature could discuss or vote on these non-votingable heads of the budget, to do so
as specifically directed by the Governor-General.
The Central Legislature thus had extensive powers to make laws. But that was only in theory. In
practice, these powers were strictly limited by the special powers of the governor-general and
the position of dominance. He had the power to summon, prorogue or dissolve the chambers of
the Central Legislature. The Act of 1919 thus introduced an irresponsible executive at the centre
and a fairly weak legislature.

Changes in Home Government

i. Appointment of a High Commissioner to India.

For the first time a High Commissioner to India was appointed and appointed in London. This was
a new post and the appointment to this post was made by His Majesty. The work of procurement
of stores, machinery, etc., etc. in England for the Government of India was now transferred from
the State Secretary-Committee to the High Commissioner. They were also to protect the interests
of Indian students studying in England. He was also to supervise and superintendence the work of
the Indian Trade Commissioner. The High Commissioner was also to represent the Government of
India at international conferences. In short, he was to work as an agent of the Indian Governor-
General in England. The High Commissioner, in question, was placed directly under the Governor-
General of India. His tenure was six years in normal times. It can also be increased or decreased.
The Indian Treasury was to bear all the expenses incurred on the entire establishment of the office
of the High Commissioner for India and his office.
ii. Position of Secretary of State and Council of India.
The Secretary of State for India was the highest official in the administration of India. The Act of
1919 gave him the power to extend the administrative and financial jurisdiction of the Central
Government of India as well as the Provincial Governments. The position of the Secretary of State
 for India and his Council was changed by the provisions of the Act. The number of members in the
Indian Council was reduced. It was supposed to have not less than eight members and not more
than twelve members. Earlier there were fifteen members in the Indian Council. Not less than half
of the present power of the Council of India was to consist of persons who had served in India for
not less than ten years. The term of the members of the Indian Council was reduced from seven
years to five years. The salaries and allowances of the Secretary of State for India and the members
of the Indian Council were to be a burden on the British Exchequer. Earlier, these expenses were
levied on Indian revenues.

Merits of the Act of 1919

❖ 1919 Amended Councils under the Acts of- 1919 Councils were reformed under
the Act of 1947. In these reformed councils, a generation of parliamentarians were trained in the
art of administration and law. The Indian members were familiar with the problems of
administration and government. Their differences were completely washed away and they
became fully conscious of their own abilities to run the affairs of their country.
❖ Political consciousness Awakening of- Awakening of political consciousness among
the people of India (By Reforms) Of paramount importance was the achievement. They were
now in a position to differentiate between national and foreign. They became aware of the
interests of the country. He began to take interest in self-government for India.
❖ Large voters Build- 1919 The Act of Law, for the first time, created large electorates in India.
The people of India became familiar with the process of electoral system. They began to realize
the importance of the right to vote given to them and the right to be elected. They became aware
of the importance of the electoral system. Although it was not universal franchise that was
extended by the Act, Yet some people were quite closely involved with the election methods. It
was a part of education.
❖ Satisfied the aspirations of the people to some extent- This act gave rise to the
general impression that eventually the administration would be conducive to meeting the needs
of the people. The Act changed the general outlook of the people of India.
❖ Beginning of provincial autonomy- 1919 The Act of Provincial autonomy made an
important beginning. It was in both senses of the word, In the sense of transfer of power into the
hands of the people and in the sense of liberation from control from above.

Demerits of Act 1919

❖ Irresponsible government at the Centre- 1919 The Act of the Union did not make
any changes in the Central Executive. It was dictatorial and irresponsible as before. The
Governor General and his Executive Council were responsible to Parliament only through the
Secretary of State for India. Some changes were introduced in the Central Legislature. The
legislature was to be bicameral. Members were given theoretically wide powers. In practice,
governor-The general had paramount powers. He summons both houses of the legislature, Could
prorogue or dissolve. governor-Measures could not be initiated on certain matters in the
legislature without the permission of the General. In the case of the Bill, he could have stopped
the proceedings at any stage, If he was going to harm the interests of the administration through
the Bill. He could also issue an Ordinance. And the funny thing was that he is not responsible to
anyone here. thus 1919 The Central Executive was highly irresponsible under the Act of 2007.
❖ Faulty electoral system and narrow suffrage- Act of the legislature (or Rules under
the Act) provided such high qualifications to be eligible to vote that very few people reached the
set standards. Very high property qualification was prescribed. place-Location Isolate-There
were different qualifications. Thus there was no uniform pattern of merit across the country.
Thus the electoral system was highly flawed. Hardly twenty per cent of the people were qualified
to elect their representatives. When people are not allowed to exercise their right to vote, So
how can you expect responsible government there? 1919 Democracy or parliamentary type of
government is not possible in the restricted and terrible narrow franchise granted by the Act of
Democracy.
 ❖ Expansion of Communal Electorate- Dr. Rajendra Prasad was right when he said that the
responsibility of building Pakistan falls directly on Lord Minto's shoulders and not on Rahmat
Ullah or Mohammad Ali Jinnah. The Morley Minto Reforms provided for a special electorate for
Muslims for the first time. The dragon's teeth were shown and the results were difficult and far-
reaching. It intensified communal hatred and animosity. For the first time, voters were separated
on communal lines. though, It wasn't all, 1919 The Act of the European took a step forward and,
Expanded special electorate for Indian Christians and Sikhs. Thus separate electorates strictly
prevented the development of parliamentary sentiments and traditions in India.
❖ Broad Powers of the Governor- 1919 By the Act of 1947, the provinces were made
governors in total. ... He is with the Executive ...-He was also the master of the ministry. He could
also oust the Executive Council and Ministers. He was the man who summoned the provincial
legislatures, Prorogation and dissolution. He could increase or decrease the life of the legislature.
No bill passed by the legislature could become the life of the legislature. No bill passed by the
legislature can become law unless it has the assent of the Governor. He was not answerable to
the provincial legislature, Rather, he was his master. If he transfers it to the reserved half he can
take the subjects transferred from the minister. In times of emergency, he could subdue the
entire transferred subjects. He was the head of administration in the province. Ministers were
appointed by him and held office during his pleasure. therefore, For all practical purposes, The
governor was in all provincial affairs and the legislature exercised and held powers only for
ostentatious purposes.
❖ The diarchy system was a colossal failure- The British were striving for all the services
rendered by India in the form of men and money, What India got in return during the First World
War was most unsatisfactory. Congress 1919 These reforms are inadequate, Unsatisfactory and
disappointing. in addition to this, Jallianwala Bagh tragedy to India, In Punjab, the physical law
and the Rowlatt Act were given.

Government of India Act 1935

The Government of India Act was passed by the British Parliament in August 1935. It was the longest
Act enacted by the British Parliament at that time. It was divided into two separate Acts, the
Government of India Act 1935 and the Burma Act 1935 .
Government of India Act, 1935 - Overview
A cursory description of the Act is given in the table below:
Government of India Act 1935

aim An Act to make further provision for the Government of India.

Regional Expansion Areas under direct British control

Enacted by Parliament of the United Kingdom

Royal Acceptance 24 July 1935

Started 1 April 1937

rank Annulled in India on 26 January 1950

Government of India Act, 1935 - Background

1. There was a growing demand for constitutional reforms in India by Indian leaders.
2. First World War India's support to Britain It also aided in the British acknowledgment of the
need to include more Indians in the administration of their country.
3. The act was based on:
• Simon Commission Report
• Recommendations of the Round Table Conferences
 •White paper published by the British Government in 1933 (based on the Third Round
Table Conference)
• Report of Joint Select Committees.
Establishment of All India Federation
1. This union was to include British India and the princely states.
2. The provinces in British India would have to join the federation but it was not mandatory for the
princely states.
3. This federation could never materialize due to lack of support from the required number of
princely states.

How did the Government of India Act 1935 lead to division of powers?
1. This act divided the powers between the centre and the provinces.
2. There were three lists that gave subjects under each government.
• Union List (Centre)
• Provincial list (province)
• Concurrent List (Both)
The Viceroy was vested with residuary powers.
Some of the changes brought in through the Government of India Act, 1935 are mentioned in the table
below, followed by details:

Government of India Act, 1935 - Changes brought by the Act

Sr.No Features

1. Provincial autonomy

2. Dual rule at the Centre

3. Bicameral Legislature

4. Federal Courts

5. Indian Council

6. franchise

7. reconstruction

Provincial autonomy

1. The Act gave more autonomy to the provinces.

2. Diarchy at provincial levels was abolished.
3. The governor was the head of the executive.
4. There was a Council of Ministers to advise him. The ministers were accountable to the provincial
legislatures that controlled them. The legislature could also remove ministers.
5. However, governors still retain special reserve powers.
6. The British authorities could still suspend a provincial government.

Dual rule at the Centre

1. The subjects under the federal list were divided into two parts: reserved and transferred.
2. The reserved subjects were controlled by the governor-general who administered them with the
assistance of three advisors appointed by him. They were not answerable to the legislature.
 These topics included defense, religious matters (related to the church), external affairs, press,
police, taxation, justice, power resources , and tribal affairs.
3. The transferred subjects were administered by the governor-general by his council of ministers
(not more than 10). The council was to act in the confidence of the legislature. The subjects in
this list included local government, forest, education, health, etc.
4. However, the Governor-General had 'special powers' to intervene even in the subjects
transferred.

Bicameral Legislature

1. A bicameral federal legislature will be established.

2. The two houses were the Federal Assembly (lower house) and the Council of States (upper
house).
3. The term of the Federal Assembly was five years.
4. There were also representatives of the princely states in both the houses. The representatives of
the princely states were to be nominated by the rulers and not elected. The representatives of
British India were to be elected. Some had to be nominated by the governor-general.
5. Bicameral legislatures were also introduced in some provinces like Bengal, Madras, Bombay,
Bihar, Assam and the United Provinces.

Federal Courts

1. A federal court was established in Delhi for the resolution of disputes between the provinces and
between the Centre and the provinces.
2. There should not have been 1 Chief Justice and not more than 6 judges.

Indian Council

1. The Indian Council was abolished.

2. Instead, the Secretary of State for India will have a team of advisers.

franchise

1. This act introduced direct election for the first time in India.

reconstruction

1. Sindh was carved out of the Bombay Presidency.

2. Bihar and Orissa were divided.
3. Burma was separated from India.
4. Aden was also separated from India and made a Crown Colony.

Other points

1. The British Parliament maintained its supremacy over both provincial and federal Indian
legislatures.
2. A Federal Railway Authority was established to govern the Indian Railways.
 3. The Act provided for the establishment of the Reserve Bank of India.
4. The Act also provided for the establishment of federal, provincial and joint public service
commissions.
5. This act was a milestone in the evolution of a responsible constitutional government in India.
6. The Government of India Act 1935 was replaced by the Constitution of India after independence.
7. Indian leaders were not enthusiastic about the Act because governors and viceroys had
considerable 'special powers' despite granting provincial autonomy .
8. Separate communal electorates were a measure through which the British wanted to ensure that
the Congress Party could never rule on its own. It was also a way to divide people.

Indian Independence Act 1947

introduction

The Indian Independence Act of 1947 was enacted by the Parliament of the United Kingdom, and it
partitioned British India into two new sovereign nations, India and Pakistan. The Act received royal
assent on July 18, 1947 and was formed of India and Pakistan with the West (modern Pakistan) and
Eastern (modern Bangladesh) regions on August 15, 1947 .

The Indian National Congress, the Muslim League and the Sikh community reached an agreement with
Lord Mountbatten on a plan for June 3, also known as the Mountbatten Plan in the Indian Assembly.

Indian Independence Act (1947) - Historical Background

• Attlee's Announcement: The law was drafted by Clement Attlee's Labour government. It is
entirely based on the Mountbatten Plan or the 3rd June Plan which was prepared after the
leaders of the Indian National Congress and the Muslim League agreed to the suggestions of
Viceroy Lord Mountbatten.
• The UK Prime Minister announced on 20 February 1947 that the British Government would
grant self-government to British India till June 1948 at the latest .
• June 3 Plan: It was also known as the Mountbatten Plan.
• The British government proposed a plan introduced on 3 June 1947.
• The Indian Independence Act 1947 changed in the implementation of the 3rd June Plan.
• The Act stipulated to grant independence to India and Pakistan with effect from 15 August 1947.
• New boundaries of dominance can be demarcated by the Boundary Commission.
• The suzerainty of the British over the native princely states came to an end. These states should
decide whether they join either India or Pakistan or remain independent. More than 560
princely states are set to merge with India.
• Until the constitution of the new colonies goes into effect, the head of state would be the
respective governor-general, who could allow laws to be passed using constituent assemblies
in the name of the king.
• The Act received royal assent and came into force on 18 July 1947.

Provisions of Indian Independence Act (1947)

• The British authorities left India on August 15, 1947.

• India will be partitioned into two sovereign provinces of India and Pakistan and each of these
states will become sovereign on this day.
• The powers previously exercised by the British officers in India could be transferred to each of
these states.
• It will be separated by a boundary commission headed by Mr. Radcliffe.
• The office of the Secretary of State will be revoked.
 • Provision was made for a governor-general for each territory, to be nominated by the Queen of
England at the call of the Dominion Government. He was not to act according to his personal
decision or discretion, but would act as the constitutional head of state.
• Each domain must have a sovereign legislature to set the rules. Any law passed by the British
Parliament will not automatically apply to India.
• Both countries will have their own Constituent Assembly, which will also function as a legislative
body.
• Until a constitution is drafted by the Constituent Assembly in any dominion, it shall work as
closely as possible with the Act of 1935.
• The provincial governors will act as the constitutional head of the provinces.
• Reservation in the posts of Secretary of State should be abolished. Government personnel
wishing to resign after the transfer of power to both dominions must do so.
• British dominance over the states and tribal areas of the U.S. would end on August 15, 1947. In
this case, the power will not be transferred to the Dominions but will be left to the states to
decide whether they want to participate in India or Pakistan.
• From now on, the UK Government's relations with India will be managed through the Office of
Commonwealth Affairs .
• The King of England renounced the title of King and Emperor of India.
• Pakistani territories include East Bengal, West Pakistan, Sindh and British Balochistan. If the
NWFP decides to join Pakistan in the referendum, the region will also join Pakistan.

Impact of the Act

• The adoption of the Indian Independence Act of 1947 was crucial to constitutional development.
• As Attlee said, it was the "fulfillment of the British mission" in India, "the culmination of a long
process of events".
• Similarly, Lord Samuel described the law in the House of Lords as "a peace treaty without war".
• Even Indian leaders appreciated the enactment of the Act. For example, Dr. Rajendra Prasad said
that the period of British rule over India is ending today and our relations with Britain will
remain on the basis of equality, goodwill and mutual understanding.
• The law ushered in a new era of independent India, but a large number of people and leaders
were not satisfied with it.
• As Maulana Abul Kalam Azad remarked: "For Muslims in Pakistan, August 14 is a day for Hindus
and Sikhs, it is a day of mourning."
• The end of British rule over the Indian states and granting them access to the Dominion or
maintaining independence is a serious threat to the unity of the states in India. Nation.
• Despite these shortcomings, it cannot be denied that the Indian Independence Act of 1947 closed
the chapter of British rule in India and ushered in an independent India.

Repeal of the Act

• The law empowered the two provinces to repeal any act of parliament, including the Indian
Independence Act.
• Later, India and Pakistan repealed the Independence Act of 1947 by adopting their
constitutions.
• Article 395 of the Indian Constitution and Section 221 of the Pakistan Constitution of 1956
effectively repealed the Indian Independence Act 1947 .
• With the adoption of the Constitution of India, the position of dominance was also abolished and
India became a republic.
• Interestingly, the British Parliament has not yet contributed to the repeal of the Indian
Independence Act of 1947.
• Though the new constitution does not have the legal power to repeal laws, it is done to break the
chain of law and make the constitution an independent legal system.
conclusion
The adoption of the Indian Independence Act of 1947 was crucial to constitutional development. The
law ushered in a new era of independent India, but not many were satisfied with it. In spite of these
shortcomings, it cannot be denied that this act closed the chapter of British rule in India.

Unit II
Constituent Assembly and framing of the Constitution
❖ The Cabinet Mission envisaged the establishment of a Constituent Assembly to frame a
constitution for the country. The member provisions of the Constituent Assembly were
elected by the legislative assemblies.

❖ The Constituent Assembly was formed in 1946.

❖ Each province and each Indian state were allocated seats in proportion, roughly in the ratio
of one to one million. The seats thus ensured were distributed among the main communities
in each province. The main communities recognized were Sikhs, Muslims and generals.

❖ The total number of members of the Constituent Assembly was 389, out of which 93 were
representatives of the Indian states and 292 were representatives of the provinces (British
India).

❖ After the partition of India the strength of the Constituent Assembly went down to 299, out
of which 284 were actually present on November 26, 1849 and signed the finally accepted
Constitution of India. The Constituent Assembly, which was elected for undivided India,
held its first meeting on 9 December 1946 and reassembled on 14 August 1947 as the
sovereign Constituent Assembly for the dominion of India.
❖ The Constituent Assembly took two years, eleven months and eighteen days to finalize the
constitution.
❖ The first session of the Constituent Assembly (on December 13, 1946) was held by Pt. The
objective motion was moved by. Jawaharlal Nehru was adopted on January 22, 1947 after
much deliberation and debate in the Assembly.
The resolution embodied the following objectives:
• To promote the unity of the nation and ensure its economic and political security, to make a
written constitution and to declare India as a sovereign democratic republic.
 • To be a federal form of government with distribution of powers between the centre and the
states.

• To guarantee and secure justice, equality, freedom of thought, expression, belief, belief,
worship , business association and action for all the people of India.

• To provide adequate protection for minorities, backward and tribal areas and Dalits and
Other Backward Classes.

• To uphold the integrity of the territory of the Republic and its sovereign rights on land, sea
and air in accordance with justice and the law of civilized nations.

• To attain a rightful and honorable place in the world and to make its full and willing
contribution to the promotion of world peace and the welfare of mankind.

• The principles of the Constitution were outlined by various Committees of the Legislative
Assembly and the reports of these Committees were discussed in general. On August 29,
1947, the Constituent Assembly appointed Dr. B.N. Rao to examine the draft text of the
Constitution of India prepared by Constitutional Advisor B. N. Rao (Benegal Narasimha Rao).
b.R. Appointed a drafting committee under the chairmanship of Dr. Ambedkar.

❖ The Drafting Committee headed by Dr. B.R. Ambedkar submitted a draft Constitution of India
to the Speaker of the Assembly on February 21, 1948.
❖ Members of the drafting committee include N. Gopalaswami Iyengar, Alladi Krishnaswamy
Iyer, Dr. K. M. Munshi, Syed Mohammed Saadullah, B.L. Mitter (later N. Replaced by Madhava
Rao), Dr. D.P. Khaitan (replaced on death by T.T. Krishnamachari in 1948).
❖ The third and final reading of the draft was completed on November 26, 1949. On this date,
the signature of the Speaker of the Assembly was attached to it and the Constitution was
declared passed.

❖ The provisions relating to citizenship, elections and Parliament etc. came into force with
immediate effect, i.e., from November 26, 1949. The rest of the provisions of the Constitution
came into force on January 26, 1950 and are referred to to this date. As the date of its
commencement in the Constitution.

❖ November 26 is celebrated as 'Constitution Day'. Dr. To commemorate the 125th birth

anniversary of Dr. B.R. Ambedkar, the Government of India (Ministry of Social Justice and Empowerment) decided to celebrate
'Constitution Day' from 26th November 2015.

Different Sources of Indian Constitution

Although the framework of the constitution was taken from the Government of India Act 1935, many
provisions were imported from other constitutions of the world. Some of them are listed below along
with the Government of India Act, 1935:
Government of India Act, 1935- This Act made the federal system, Governor's Office, The basic
premise or basis of the Constitution of India with features of emergency powers etc. or 'outline'
Prepared. in addition to this, From whom the Constitution of India has borrowed? -
UK Constitution- Law-making process, Rule of Law, Single Citizenship, Bicameral Parliamentary
System, Office of CAG (Comptroller and Auditor General of India)।
United States Constitution- Independence of the Judiciary, Judicial Review, fundamental right,
Removal of Supreme and High Court Judges, Preamble and Functions of the President and Vice
President.
Constitution of Canada- Union with strong center, To confer residuary powers to the Centre,
Advisory jurisdiction of the Supreme Court.
Constitution of Ireland- Directive Principles of State Policy, Method of Presidential Election, and
nomination of members to the Rajya Sabha by the President.
Weimar Constitution of Germany- Provisions relating to suspension of fundamental rights
during emergency.
Constitution of Australia- Concurrent List, consideration of trade and commerce provisions.
Constitution of South Africa- In Parliament 2/3 Amendments by majority and Election of members
of Rajya Sabha on the basis of proportional representation.
Constitution of France- Republican system, independence, Principles of equality and fraternity.
east Constitution of the USSR- Fundamental Duties, Ideas of justice in loveforce.

Salient Features of the Constitution of India

The Constitution of India is unique in that it is elaborate in themes, its detailed description, balances
and accommodates provisions to meet new situations and challenges and incorporates a number of
instruments to solve constitutional problems found in the constitutional laws of other countries. . It has
the following salient features:
Constitution of India – Salient Features
The salient features of the Indian Constitution are listed and concise below:
1. Longest written constitution
• Constitutions are classified into written like the US Constitution or unwritten like the British
Constitution.
• The Constitution of India has the distinction of being the longest and most elaborate
constitutional document ever written in the world. In other words, the Constitution of India is
the longest among all the written constitutions in the world.
• It is a very comprehensive, detailed and detailed document.
• The factors contributing to the size of the elephant of the Indian Constitution are:
• Geographical factors , i.e. the vastness of the country and its diversity.
• The historical factor , for example, was the impact of the Government of India Act of 1935,
which was overwhelming.
• One constitution for both the Centre and the States.
• Legal luminaries dominate the Constituent Assembly.
The Constitution of India not only contains fundamental principles of governance but also detailed
administrative provisions.
Both equitable and non-judicial rights are included in the Constitution.
2. Taken from Various Sources
• The Constitution of India has borrowed most of its provisions from the constitutions of various
other countries as well as the Government of India Act of 1935 [about 250 provisions of the
1935 Act have been incorporated in the Constitution].
• Dr. B.R. Ambedkar proudly said that the Constitution of India has been drafted after "destroying
all known constitutions of the world".
• The structural part is largely derived from the Government of India Act of 1935.
• The philosophical part of (Fundamental Rights and the Directive Principles of State Policy)
draws their inspiration from the American and Irish constitutions, respectively.
• The political part (the principle of cabinet government and the relationship between the
executive and the legislature) is largely derived from the British Constitution.

3. Mix of rigidity and flexibility

• The constitution is classified into rigid and flexible.

• A rigid constitution is one whose amendment requires a special procedure, for example, the
American Constitution.
• A flexible constitution is one that can be modified like ordinary laws, for example, the British
Constitution.
• The Indian Constitution is a unique example of a combination of rigidity and flexibility.
 • A constitution can be called rigid or flexible depending on its amendment process.
• The Indian Constitution provides three types of amendments ranging from the simplest to the
most difficult procedures depending upon the nature of the amendment.
4. Federal system with unitary bias
• The Constitution of India establishes a federal system of government.
• It contains all the common features of a federation, such as two governments, separation of
powers, written constitution, supremacy of constitution, rigidity of constitution , independent
judiciary and bicameralness.
• However, the Indian Constitution also contains a large number of unitary or non-federal
features, such as a strong Centre, single constitution, appointment of a state governor by the
centre, All India Services, unified judiciary , and so on.
• Moreover, the word 'Federation' is not used anywhere in the Constitution.
• Describes as a 'union of states' which implies two things:
• The Indian Union is not a result of the agreement of the States.
• No state has the right to secede from the Union.
Therefore, the Indian Constitution has been variously described as 'federal in nature but unitary in
spirit', 'quasi-federal' by Casey Wheere.
5. Parliamentary form of government
• The Constitution of India has chosen the British Parliamentary system of government over the
American presidential system of government.
• The parliamentary system is based on the principle of cooperation and coordination between
the legislative and executive organs while the presidential system is based on the principle of
separation of powers between the two organs.
• The parliamentary system is also known as the 'Westminster' model of government, responsible
government and cabinet government.
• The Constitution establishes the parliamentary system not only at the Centre but also in the
states.
• The role of the Prime Minister has become so important in the parliamentary system, and hence
it is called 'Prime Minister level government'.
What are the characteristics of Parliamentary Government in India?
The features of parliamentary government in India are as follows:
• Presence of real and nominal officers
• Majority party rule
• Collective responsibility of the executive to the legislature
• Membership of Ministers in the Legislature
• Leadership of Prime Minister or Chief Minister
• Dissolution of the Lower House (Lok Sabha or Vidhan Sabha)
• The Indian Parliament is not a sovereign body like the British Parliament.
• Parliamentary government combined with an elected president (republic).
6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy
• The principle of parliamentary sovereignty is associated with the British Parliament while the
principle of judicial supremacy is aligned with the US Supreme Court.
• Just as the Indian parliamentary system is different from the British system, the scope of judicial
review power of the Supreme Court in India is narrower than in the US.
• This is because the US Constitution provides for 'due process of law' against the 'procedure
established by law' enshrined in the Indian Constitution (Article 21).
• The framers of the Indian Constitution, therefore, preferred a proper synthesis between the
British principle of parliamentary sovereignty and the American principle of judicial supremacy.
• The Supreme Court can declare parliamentary laws unconstitutional through its power of
judicial review.
• The Parliament can amend most of the Constitution through its constitutional power.
7. Rule of Law
• According to this axiom, people are governed by law, but not by men, i.e. the basic truthfulness
that no man is infallible. Axiom is important for democracy.
 • More importantly, the meaning is that in a democracy the law is sovereign.
• The main component of law is practice which is nothing but the habitual practices and beliefs of
common people over a long number of years.
• In the final analysis, the rule of law means sovereignty of the common man's collective wisdom.
• Apart from this important meaning, the rule of law implies a few more things such as
• There is no scope for arbitrariness
• Every person enjoys certain fundamental rights, and
• The highest judiciary is the ultimate authority in upholding the sanctity of the law of the
land.
The Constitution of India has incorporated this principle in Part III and in order to provide meaning to
Article 14 (all are equal before law and enjoy equal protection of all laws), propagation of Lok Adalats
and the enterprise of the Supreme Court is known as "" Public Interest Litigation" has been
implemented.
Also, as per today's law of the land, any litigant can appeal to the presiding judicial authority to argue
the case himself or seek legal aid with the help of the judiciary.
8. Integrated and independent judiciary
• India has a single integrated judicial system.
• To be free from the influence of the executive and the legislature The Indian Judiciary has to
Establishes an independent judiciary by enabling it.
• The Supreme Court stands as the apex court of the judicial system. Below the Supreme Court are
the High Courts at the state level.
• Under a High Court, there is a hierarchy of subordinate courts, which are district courts and
other lower courts.
• The Supreme Court is a federal court, the highest court of appeal, guarantor of fundamental
rights of citizens, and the guardian of the Constitution. Therefore, the Constitution has made
various provisions to ensure its independence.
9. Fundamental Rights
• Part III of the Indian Constitution guarantees six fundamental rights to all citizens.
• Fundamental Rights are one of the important features of the Indian Constitution.
• The basic principle in the constitution is that every person is entitled to enjoy certain rights as a
human being and the enjoyment of such rights does not depend on the will of any majority or
minority.
• No majority has the right to abrogate such rights.
• The fundamental rights are meant to promote the idea of political democracy.
• They act as limitations of the autocracy of the executive and the arbitrary laws of the legislature.
• They are just in nature , that is, enforceable by courts for their violation.
10. Directive Principles of State Policy
• According to Dr. B. R. Ambedkar, the Directive Principles of State Policy is a 'new feature' of the
Indian Constitution.
• These are enumerated in Part IV of the Constitution .
• The Directive Principles were incorporated in our Constitution to provide social and economic
justice to our people.
• The Directive Principles aim at establishing a welfare state in India where there will be no
concentration of wealth in the hands of a few.
• They are non-judgmental in nature.
• In the Minerva Mills case (1980), the Supreme Court held that 'the Indian Constitution is
founded on the basis of a balance between the Fundamental Rights and the Directive Principles'.
11. Fundamental Duties
• The original constitution did not provide for fundamental duties of citizens.
• The Fundamental Duties were added to our Constitution by the 42nd Amendment Act of 1976
on the recommendation of the Swaran Singh Committee.
• It gives a list of ten fundamental duties for all the citizens of India.
• Later, another fundamental duty was added to the 86th Constitutional Amendment Act of 2002.
 • While rights are given to the people in the form of guarantees, duties are obligations that are
expected to be fulfilled by every citizen.
• However, like the Directive Principles of State Policy, duties are also non-justiciable in nature.
• In total there are 11 fundamental duties.
12. Indian Secularism
• The Constitution of India stands for a secular state.
• Therefore, it does not support any particular religion as the official religion of the Indian state.
• The distinctive features of a secular democracy contemplated by the Constitution of India are:
• The State shall not associate itself with or be controlled by any religion;
• While the state guarantees everyone the right to practice any religion (including the right
to be an antagonist or an atheist), it will not give preferential treatment to any of them;
• No discrimination shall be shown by the State against any person on the ground of his
religion or belief; and
• The right of every citizen to enter into any office under the State subject to any general
condition shall be the same as that of fellow citizens. Political equality which entitles any
Indian citizen to occupy the highest position under the state is the heart and soul of
secularism envisaged by the Constitution.
The concept aims to establish a secular state. This does not mean that the state in India is anti-religious.
The Western concept of secularism reflects the complete separation between religion and state
(negative concept of secularism).
It embodies the positive concept of secularism, i.e. giving equal respect to all religions or protecting all
religions equally.
Moreover, the Constitution has also abolished the old system of communal representation. However, it
provides for temporary reservation of seats to ensure adequate representation for Scheduled Castes
and Scheduled Tribes.
13. Universal adult franchise
• Indian democracy functions on the basis of 'one person one vote'.
• Every citizen of India who is 18 years of age or above is entitled to vote in elections irrespective
of caste, gender, race, religion or status.
• The Indian Constitution establishes political equality in India through the method of universal
adult suffrage.
14. Single Citizenship
• Citizens in a federal state usually enjoy dual citizenship as is the case in the United States.
• There is only one citizenship in India.
• It means that every Indian is a citizen of India, irrespective of his place of residence or place of
birth.
• He is not a citizen of a constituent state like Jharkhand, Uttaranchal or Chhattisgarh to which he
may belong, but continues to be a citizen of India.
• All citizens of India can secure employment anywhere in the country and enjoy all the rights
equally in all parts of India.
• The framers of the Constitution deliberately opted for single citizenship to eliminate regionalism
and other disruptive tendencies.
• Single citizenship has undoubtedly created a sense of oneness among the people of India.
15. Independent Bodies
• The Indian Constitution not only provides for legislative, executive and judicial organs of the
government (central and state) but also establishes certain independent bodies.
• They have been envisaged by the Constitution as the walls of the democratic system of
government in India.
16. Emergency Provisions
• The framers of the Constitution had also anticipated that there may be situations when the
government cannot be run as usual in the times.
• To deal with such situations, the Constitution elaborates on emergency provisions.
• There are three types of emergencies
• Emergency due to war, external aggression or armed rebellion [Article 352]
 • Emergency arising out of failure of constitutional machinery in states [Articles 356 and
365]
• Financial Emergency [Article 360].
The rationale behind incorporating these provisions is to protect the sovereignty, unity, integrity and
security of the country , democratic political system and the Constitution.
During an emergency, the central government becomes all-powerful and the states go under the
complete control of the centre.
Such a change of political system from federal (during normal times) to unitary (during emergency) is
a unique feature of the Indian Constitution.
17. Three-tier government
• Originally, the Indian Constitution provided for dual polity and contained provisions regarding
the organization and powers of the centre and the states.
• Later, the 73rd and 74th Constitutional Amendment Acts (1992) have added a third tier of
government (i.e., local government), which is not found in any other constitution in the world.
• The 73rd Amendment Act of 1992 gave constitutional recognition to the Panchayats (Rural
Local Governments) by adding a new Part IX and a new Schedule 11 to the Constitution.
• Similarly, the 74th Amendment Act of 1992 gave constitutional recognition to municipalities
(urban local government) by adding a new Part IX-A and a new Schedule 12 to the Constitution.
18. Co-operative Societies
• The 97th Constitutional Amendment Act of 2011 provided constitutional status and protection
to cooperatives.
• In this context, it made the following three changes to the Constitution:
• It made the right to form co-operative societies a fundamental right (Article 19).
• It included a new Directive Principles of State Policy on the Promotion of Cooperatives
(Article 43-B).
• It added a new Part IX-B to the Constitution, titled "Co-operative Societies" [Articles 243-
ZH to 243-ZT].
The new Part IX-B contains various provisions to ensure that cooperatives in the country function in a
democratic, professional, autonomous and economically sound manner.
It empowers the Parliament in respect of multi-state cooperatives and the State Legislatures in respect
of other cooperatives to make appropriate laws.

Preamble of Indian Constitution

The 'Preamble' of the Constitution of India is a brief introductory statement that sets out the guiding
purpose and principles of the document, and it indicates the source from which the document derives
its authority, which means, the people. It was adopted by the Constituent Assembly of India on 26
November 1949 and came into force on 26 January 1950.
India's preamble is as follows:

•We, the people of India, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC securing to all its citizens justice, social
, economic and political;
• freedom of thought, expression, belief, belief and worship;
• equality of status and opportunity; And to preach among all of them
• Fraternity ensuring the dignity of the individual and the unity and integrity of the nation
Key words in the preface
▪ We, the people of India: This indicates the ultimate sovereignty of the people of India.
Sovereignty means the independent power of the state, which is not subject to the control of any
other state or external power.
▪ Sovereign: The term means that India has its own independent right and it is not the dominance
of any other external power. In the country, the legislature has the power to make laws that are
subject to certain limitations.
▪ Socialist: The word means the achievement of a socialist ends through democratic means. It
believes in a mixed economy where both private and public sectors co-exist side by side.

o It was added to the Preamble by the 1976th Amendment.

▪ Secular: The word means that all religions in India get equal respect, protection and support from
the state.

o It was included in the Preamble by the 42nd Constitutional Amendment, 1976.

▪ Democratic: The term means that the Constitution of India has an established form of constitution
which derives its right from the will of the people expressed in an election.
▪ Republic: The term indicates that the head of state is elected by the people. In India, the President
of India is the elected head of the state.
▪ Justice: It is necessary to maintain order in the promised society through various provisions of
the Directive Principles of State Policy and the Fundamental Rights provided by the Constitution
of India. It consists of three elements, which are social, economic and political.

o Social Justice – Social justice means that the constitution seeks to create a society
without discrimination on any basis of caste, creed, gender, religion etc.
o Economic Justice – Economic justice means that no discrimination can be made by
people on the basis of their wealth, income, and economic status. Everybody should be
given equal pay for the same post and all people should get an opportunity to earn for
their living.
o Political Justice – Political justice means that all people have the equal, free and
impartial right to participate in political opportunities without discrimination.
▪ Equality: The word 'equality' means that no section of the society has any special privileges
and all the people have given equal opportunities for everything without any discrimination.
Everyone is equal before the law.
▪ Freedom: The word 'freedom' means freedom of people to choose their way of life, to hold
political thoughts and behaviors in society. Freedom does not mean freedom to do anything,
the individual can do anything but within the limits prescribed by law.
▪ Brotherhood: The word 'brotherhood' means a feeling of brotherhood and emotional
attachment with the country and all the people. Brotherhood helps to promote dignity and
unity in the nation.

Preamble of India – Objectives Resolution

1946 In, Describing the constitutional structure, The Objectives Motion was moved by Jawaharlal
Nehru. 1947 (22 January) It was adopted in 2000. It The Constitution of India Shaped And its revised
version is reflected in the Preamble of the Indian Constitution. The basic principles that highlighted the
objective resolution were:

• Resolution of the Constituent Assembly to see India as independent, sovereign and republic
• To make a constitution for India
• To make all the territories of pre-independence India into the United States of post-
independence India
• To realize the residuary powers, the Constitution of India depicts autonomy over such states as
• To experience unity with a power that would be different from that given to such states
 • The people of India will play the role of a source of power and the right to sovereignty and
freedom
• To provide for justice, equality of status of social, economic and political opportunity and,
freedom of thought, expression, belief, belief, worship
, occupation, association and action , subject to the law and before the law

• To provide adequate protection to minorities, tribal and backward areas and other downtrodden
and backward classes
• To uphold the integrity of the territory of the Republic of India and its territorial rights over land,
sea and air in accordance with the justice and law of a civilized nation
• To promote peace and well-being among earthly nations.

Preamble of India – Facts

Is the Preamble a part of the Indian Yes, it is a part of the Indian Constitution, which has also
Constitution? been emphasized in the Kesavananda Bharati case.

Who wrote the Preface of India? The Preamble to India contains the principles highlighted in
the Objectives Resolution prepared by Jawaharlal Nehru in
1946

How many Preambles are there in the With only 1 Preamble with 22 parts and 12 schedules and
Indian Constitution? 448 articles, the Indian Constitution exists today

What is the most important word in Although no single word is given more importance than the
the Preamble of India? others, still, 'We, the people of India' are the words that have
been called the most powerful in the Preamble of the Indian
Constitution.

Why do we need a preamble? It gives us glimpses of the core values and the Constitution

In which case, the Supreme Court In the Berubari case (1960), the SC declared the Preamble
passed a judgment that the Preamble not to be a part of the Indian Constitution
is not a part of the Indian
Constitution?

The hopes and aspirations of the people as well as the ideals before our nation are described in clear
terms in the Preamble. It can be considered as the soul of the Constitution. Preamble can be referred to
as a preamble that highlights the entire constitution.

Interesting facts about the Preamble of Indian Constitution

• It was enacted after the enactment of the entire Constitution of India

• The word 'secular' was added to the Preamble of the Indian Constitution by the 42nd
Constitutional Amendment Act of 1976.
• The Preamble provides freedom of belief, belief and worship to all citizens of India
 • The ideals of justice (social, economic and political) in the Preamble are taken from the
Constitution of the Soviet Union (Russia)
• The ideals of the Republic and liberty, equality and fraternity are borrowed from the French
Constitution
• The Preamble, in itself, is first introduced through the U.S. Constitution

The four main contents of the Indian Preamble

The source of the Indian Constitution, the nature of the Indian state, the objectives of the Constitution
of India and the date of adoption of the Indian state, are the four main elements of the Indian Preamble
which you can read in the table below:

Preamble of Indian Constitution

Sources of Indian The people of India have been revealed as the source of authority of the
Constitution Indian Constitution. The words, 'We, the people of India' signify the
same.

Nature of Indian State The Preamble of India tags India as a Sovereign, Secular, Republic,
Secular and Democratic nation

Purpose of Indian Justice, liberty, equality and fraternity are depicted as the objectives of
Constitution the Preamble of India

Date of adoption of November 26, 1949 as the date when the then Indian Constitution
Constitution of India

Unit - III
Indian Union Centre-State Relations
Indian federalism is quasi-federal. It is federal in its form and unitary in its spirit. Even in the pattern of
union state relations defined in the Constitution there is more centralization. So, it is a cause of
grievance from the States.
The relations between the Centre and the States can be divided into three categories:

• Legislative Relations
 • Administrative Relations
• Financial Relations

Legislative Relations

The legislative relations between the Union and the States are divided into four categories:

• Territorial limits of central and state law

• Distribution of legislative subjects
• Parliamentary Law in the Territory of the State
• Centre's control over state law

Territorial Extent of Central and State Legislation

• Parliament has the power to make laws that apply to all or part of India (the area includes
Unions, States, Union Territories)
• The state legislature can make laws that apply to the whole of the state or only a part of it. State
laws do not apply outside the state unless there is a sufficient relationship between the state and
the object.
• Only Parliament has the authority to make "extraterritorial" laws.
• Situations in which parliamentary laws do not apply
• For the Andaman and Nicobar Islands, Daman and Diu, Dadra and Nagar Haveli, and
Lakshadweep , the President can issue rules that have the same effect as laws passed by
Parliament.
• The Governor has the authority to order that an Act of Parliament does not apply to a specified
area in the state, or that it applies with defined amendments and exceptions.
• An AC of Parliament can also be directed by the Governor of Assam not to be implemented or
with specific modifications. In Meghalaya, Tripura and Mizoram, the President has equal powers.

Distribution of legislative subjects

• The Constitution divides the country into three categories: Union List, State List and Concurrent
List.
• When it comes to the Union List, the Parliament has the sole authority.
• Under normal circumstances, the state legislature has the sole authority to make laws with
respect to the items listed in the State List.
• Both the state and federal government can pass laws on issues listed in the concurrent list.
• Parliament has the power to make laws containing residuary issues.
• The Union List takes precedence over the State List, and the Concurrent List takes precedence
over the State List.
• In case of disagreement between a central law and a state law on a subject listed in the
Concurrent List, priority is given to the central legislation. If, on the other hand, the state law has
been reserved for the consideration of the President and his assent has been obtained, the state
law is given precedence in the state. Nonetheless, Parliament has the power to overturn a state
law by passing a law on the subject.

Parliamentary legislation in the territory of the State

• In the following five exceptional circumstances, the Constitution authorizes the Parliament to
pass laws on any of the issues mentioned in the State List:
• If the Rajya Sabha passes a resolution with the support of two-thirds of the members present
and voting, Parliament is allowed to enact a law in the best interest of the country on an issue
specified in the State List. One year is the duration of such a resolution. Such a resolution can be
renewed as many times as you want, but not for more than a year at a time. Six months have
 passed since the resolution was passed, the laws made under it no longer remain in effect.
However, a state can pass laws on the same subject, but if there is any conflict between the state
and the union law, the latter is preferred.
• When the proclamation of national emergency takes effect, Parliament has the authority to
legislate on any issue listed in the State List. After six months of national emergency, the laws
made under it ceased to be effective. The state law can also legislate on the subject, but if there
is any discrepancy, the central law will prevail.
• When a state requests the Parliament by passing a resolution to this effect, the Parliament is
empowered to legislate on the issues listed in the resolution. Once this resolution is passed, the
state gives up all rights in that area.
• To implement international agreements, the parliament can make laws on subjects listed in the
state list.
• During the period when President's rule is imposed, Parliament enjoys the right to adopt laws
on the concern of the state. Even after the term of the President ends, the laws made during this
period will remain in effect. On the other hand, the state can later pass laws to amend or repeal
the Act as it deems fit.

Centre's control over state legislation

The Constitution empowers the federal government to exercise influence over the legislative affairs of
the state in the following ways:

• The governor has the authority to reserve certain types of measures passed by the state
legislature for the consideration of the president. The President has full control over them.
• Bills on specific subjects listed in the State List can be introduced in State Legislatures only with
the previous sanction of the President. For example, interstate trade and commerce.

In the event of financial emergency, the President may request that the State set aside Money Bills and
other Financial Bills for his consideration.

Administrative Relations

• Based on the allocation of legislative powers, executive power is shared between the Centre and
the states.
• The Centre' s power extends to the entire country on matters over which it has exclusive
jurisdiction (Union List), as well as the exercise of rights, authority and jurisdiction conferred
by a treaty or agreement.
• The jurisdiction of the State extends to the subjects included in the State List.
• The executive power in matters relating to the Concurrent List vests with the States.
• Obligations of States to the Centre:
o The executive power of the State should be exercised in such a manner that the laws
passed by the Parliament are obeyed.
o and not obstruction or prejudice to the exercise of the executive power of a state.
• These directions are coercive ( Article 365), as any failure to comply with them may result in
the imposition of Article 356.
• The Centre is empowered to provide guidance to the states in the following situations:
o The construction and maintenance of communications systems that the government has
determined to be of national or military importance.
o Measures to be taken to ensure the safety of the State Railways
o Provision of suitable facilities for education in mother tongue to students belonging to
linguistic minority groups at primary stage
o Development and implementation of specific schemes for the welfare of Scheduled Tribes
in various States.
 • The coercive approval of Article 365 behind the central directives is also relevant in this
scenario.
• Reciprocal delegation of actions: The constitution allows inter-governmental delegation of
executive powers to reduce rigidity and avoid a situation of deadlock.
o The President may, with the permission of the State Government, delegate the executive
duties of the Union to the State Government.
o With the consent of the federal government, the governor can delegate the executive
functions of the state to the Union.
o This mutual delegation can be conditional or unconditional.
o The Constitution also allows the state to delegate executive powers to the Union without
the permission of the state. However, Parliament, not the President, makes such
delegations. However, the executive power of a state cannot be delegated in the same
way.
• Cooperation between Centre and States: The following provisions have been incorporated to
ensure cooperation and coordination between the Centre and the States.
o Any disagreement or complaint relating to the use, distribution and control of the waters
of any interstate river and river basins can be decided by Parliament.
o The President has the authority to form an Inter-State Council to research and discuss
issues of mutual interest between the Centre and the States.
o The public acts, records and judicial processes of the Centre and each state have to be
given full faith and credit across India.
o Parliament has the power to appoint an appropriate authority to carry out the
constitutional provisions relating to inter-State trade, commerce and intercourse.

All India Services

• The Indian Administrative Service (IAS) and the Indian Police Service (IPS) replaced the colonial
Indian Civil Service (ICS) and the Indian Police (IP) in 1947 .
• The Indian Forest Service (IFS) was established in 1966 as the country's third all-India service.
• Article 312 of the Indian Constitution empowers the Parliament to establish an All India Service
if the Rajya Sabha passes a resolution to that effect.
• These three services combine to create a unified service with equal rights and status, as well as
consistent payment schedules across the country.
• Importance of All India Services
o Assisting in maintaining a high level of administration both in the federal government
and in the states.
o Help ensure that the administrative system is uniform throughout the country.
o They improve dialogue, cooperation, coordination and joint action between the Centre
and the States on problems of mutual interest.

Public Service Commission

The region has the following Centre-State relations:

• The Governor appoints the Chairman and members of the State Public Service Commission, but
they can only be removed by the President.
• If two or more states request it, Parliament may create a Joint Public Service Commission; In
such circumstances, the President elects the Chairman and members of the State Public Service
Commission.
• On the request of the Governor and with the assent of the President, UPSC can assist the State
Public Service Commission.
 • UPSC assists in developing and implementing joint recruitment strategies for any service that
requires candidates with special qualifications.

Integrated Judicial System

• Despite India's dual polity, an integrated judicial system has been established.
• This single judicial system is responsible for enforcing both federal and state laws.
• The President of India, in collaboration with the Chief Justice of India and the Governor of the
state, appoints the judges of the High Court. The President has the authority to remove or
transfer them.
• The establishment of common High Courts for two or more States has been permitted by the
Parliament.

Relations during the Emergency

• During a national emergency, the Centre can give directions to the state on any subject.
• The President may assume the functions of the State Government during his presession and the
powers conferred by the Governor or any other executive authority in the State.
• During a financial emergency, the Centre can order states to follow the financial justification
principle, and the President can issue other necessary directions, such as reducing the salaries
of state employees and High Court judges.

Financial Relations

Allocation of taxing powers

• Parliament has the sole right to collect taxes on subjects listed in the Union List.
• The state legislature has the sole right to levy taxes on subjects listed in the state list.
• Both the Union and the States have the right to tax the goods included in the Concurrent List.
• Parliament has the residuary power to levy taxes.

A restriction imposed by the constitution on the taxation power of the state

• A state legislature has the authority to tax businesses, trades, callings, and professions. However,
the total annual payment of an individual should not exceed Rs. 2500.
• A tax on the sale or purchase of products can be levied by a state (other than newspapers).
However, the state's ability to levy sales tax is limited by four factors:
o No tax can be levied on sales or purchases made outside the states.
o No tax can be levied on sales or purchases made during the import or export process.
o No tax can be levied on sale or purchase in the course of interstate trade and commerce.
o The tax imposed on the sale or purchase of goods recognized by Parliament having special
significance in interstate trade and commerce is subject to the limitations and
requirements of Parliament.
o The State cannot levy tax on the sale of electricity if the electricity is consumed or sold to
the Centre, or if it is consumed in the construction, maintenance or operation of a railway
or sold to a railway company for the same purpose.
o A state government can levy a fee on water or electricity sold by the government to the
Interstate River Authority constituted by Parliament for the development of a river. Such
imputation, on the other hand, can be carried out by a statute which has obtained the
assent of the President.

Distribution of Tax Revenue

 • The Centre levies taxes, but the state collects them and appropriates them (Article 268). The
income received from this is deposited in the Consolidated Fund of the State. Stamp duty, for
example, and excise duty
• The federal government levies and collects taxes, while the states are responsible for collecting
them (Article 269). An example is a tax on the sale or purchase of goods (other than newspapers)
in interstate commerce. The income received from this is deposited in the Consolidated Fund of
the State.
• Taxes are levied and collected by the federal government, but they are divided between the
federal government and the states (Article 270). All taxes except the above-mentioned taxes,
surcharges and cess fall under this group. Based on the recommendation of the Finance
Commission, the President decides how these taxes are distributed.
• Surcharge on taxes and duties mentioned in Articles 269 and 270 can be imposed by the
Parliament at any time. The surcharge proceeds are directed solely to the Centre.
• The taxes levied, collected and retained by the state include: These are taxes that are solely the
responsibility of the states. In the State List, they are listed. Tax on agricultural income, liquor
excise duty, tax on professions, limits, etc.

Distribution of Non-Tax Revenue

• Centre: Following are the main non-tax revenue streams for the Centre:
o postal and telegraph services;
o railway
o banking
o broadcast
o Coin and Currency
o Central Public Sector Enterprises
o Escheat and omission.
• The following are the states: Following are the major non-tax revenue streams for states:
o irrigation
o Forests
o Fisheries
o State Public Sector Enterprises
o Escheat and omission.
• Assistance to States in Grants:
o The constitution allows the state to receive grants-in-aid from the federal government.
Statutory grant and discretionary grant are two forms of grant-in-aid.
• Statutory Grants :
o Article 275 of the Constitution empowers the Parliament to grant grants to states in need
of financial assistance, rather than all states.
o This amount may be different for different states. Every year, these funds are charged to
the Consolidated Fund of India.
o These are distributed to the States based on the recommendations of the Finance
Commission.

• Discretionary Grants:

• Both the Centre and the state have the authority under Article 282 to release grants for any public
purpose even if it is outside their legislative jurisdiction.
• The Centre has no duty to provide these grants, and the decision is entirely up to it.

• Other Grants
o The Constitution allows lump sum donations for a specific purpose. For example, grants
instead of export duties on jute and jute products for the states of Assam, Bihar, Odisha
and West Bengal.
 o Based on the suggestion of the Finance Commission, these grants were to be disbursed
for ten years from the commencement of the Constitution.

Important recommendations on Centre-State relations

Administrative Reforms Commission

• Article 263 of the Constitution mandates the formation of an Inter-State Council.

• Appoint governors with extensive public service experience and a non-partisan outlook
• Most of the power has been given to the States.
• More financial resources should be transferred to states to reduce dependence on the federal
government.
• Deployment of Central Armed Forces at the request of the States or on their initiative.
• The Rajamannar Committee constituted by the Tamil Nadu government made several
recommendations to address the imbalance of power between the Centre and the state.
• Punjab had put forward similar proposals to address these inequalities in the Anandpur Sahib
resolution, while West Bengal had made similar recommendations in a memorandum.
• In 1983, the government set up the Sarkaria Commission and in 2007 the Punchhi Commission
to assess the state of Centre-State relations.

Sarkaria Commission Recommendation

• Establishment of a permanent inter-state council

o Article 356 should be used only when necessary.
o It is necessary to strengthen the institution of All India Services.
o Parliament should have residuary power.
o When the President vetoes state bills, states must give reasons.
o The Centre should have the right to deploy its armed forces without the approval of the
states. However, it is desirable that the States be consulted.
o The procedure for consulting the Chief Minister while appointing the State Government
should be described in the Constitution.
o Governors should be allowed to serve their five-year terms.
o The post of Linguistic Minority Commissioner should be filled up.

Punchhi Commission

• Governors are given five-year terms and removed through the impeachment process.
• In subjects assigned to the States, the Union should exercise utmost care in establishing
parliamentary primacy.
• It set out several requirements to be considered when appointing governors:
o He should be famous in certain areas.
o He must be a non-resident of the state.
o He must be a non-political person who is not involved in local politics.
o He should not have joined politics in recent times.
• The government should be given a five-year term limit.
• The process of impeachment of the President can also be extended to the governors.
• The Governor should insist upon the Chief Minister to show majority on the floor of the House
and for this he should fix a time limit.
• While deciding the circumstances related to President's rule, keep in mind the rules of the
Bommai case.
• The Inter-State Council should be used more frequently to promote Centre-State cooperation.
 The Union and its Territory: Part I (Articles 1-4)

The Constitution is nothing but a legal document and the Indian Constitution is the supreme law of India. It
explains the various players who are in power in the country, Their power and the extent of their power. It
is a citizen's Fundamental Rights and Duties It also defines . The world's largest constitution currently 25 In
parts 448 Articles are and 12 There are schedules. But in the beginning it has 22 In parts 395 Articles and 8
There were schedules. Parts of the Constitution 1 is titled as the Union and its territory. These parts 1 from
4 (b) of the Articles of Chapter 1 of the Chapter 1 of the Chapter 1 of the Chapter 1 of the Chapter 1 Let us
discuss about the Union and its territory in detail.

The title of Part I of the Indian Constitution is the Union and its territories. It contains articles 1-4. Part
I is a compilation of laws relating to the Constitution of India as a country and a Union of States from
which it is composed. This part of the constitution provides for establishing, renaming, merging or
altering the boundaries of states. When West Bengal was renamed, and the articles under Part I were
applied for the formation of relatively new states like Jharkhand, Chhattisgarh or Telangana .

Article 1:

Article 1(1) states that India, that is Bharat, shall be a Union of States.

Article 1(2) states that states and territories shall be specified in the First Schedule.

Article 1(3) states that the territory of India shall consist of—

i. Regions of States;
ii. Union Territories mentioned in the First Schedule; and
iii. Other territories that can be acquired.
Article 1 describes India as a "Union of States". Dr. B.R. Ambedkar said that the Indian Union was a
"Federation" because it was insoluble, and no state had the right to secede from the Indian Union. The
country is an integral entity apart from the fact that it consists of various states to facilitate administration.

Phrases like 'Union of India' and 'Territory of India' have to be differentiated. The Union of India consists
of only those states which are enjoying the status of being members of the federal system and sharing
powers with the Union.

The territory of India includes not only states but also union territories and such other territories which
may be acquired by India in future. Both states and territories are specified in the First Schedule of the
Constitution.

Article - 2:

It deals with the entry or establishment of new states. Parliament can enter into the Union by law, or
establish new states, depending on the terms and conditions.

Article 3:
Parliament may by law form a new State by separating a territory from any state, consisting of two or more
of the two or more of the whole, or in parts, or by uniting a part of any State. It deals with the following:

• Formation of new states

• Changes in the regions of the states
• Boundaries or names of existing states
Thus Parliament can increase or decrease the area of any state or change the boundaries or names of a
state. The Parliament follows the following procedures in this regard.

Step-1: Only on the recommendation of the President, either House of Parliament may introduce a Bill
giving effect to any or all of the changes mentioned above.

Step-2: If such Bill affects the boundary or name of a State, the President shall send the Bill to the concerned
State Legislature for their opinion before introduction in Parliament.

Step-3: If the State Legislature fails to express an opinion within the given time limit then it is deemed to
have expressed its views. Parliament is not bound to accept or act on the views of the State Legislature
even if the State has submitted its views within the time period.

In the case of Union Territories, it is not necessary to know the views of the Legislatures of the Union
Territories before such a Bill.

Article 4:

It states that any law referred to in Article 2 or Article 3 shall contain such provisions for amendment of
the First Schedule and the Fourth Schedule as may be necessary for giving effect to the provisions of the
law and may also include such supplemental, incidental and consequential. Provisions, as Parliament may
deem necessary.

This Article allows consequential changes in the First Schedule i.e. the names of the States in the Union of
India and the Fourth Schedule i.e. the number of seats allotted to each State in the Rajya Sabha. The
Constitution will not construe any such law as an amendment to replace existing states or create a new
state.

Citizenship
▪ Citizenship refers to the relationship between the individual and the state.
▪ Like any other modern state, there are two kinds of people in India- citizens and foreigners.
Citizens are full members of the Indian state and bear allegiance to it. They enjoy all the civil and
political rights.
▪ Citizenship is an idea of exclusion as it excludes non-citizens.
▪ There
are two well-known principles for granting citizenship:
o While 'Jas Soli' confers citizenship on the basis of place of birth, 'Jas Sanguinis' recognizes
blood relations.
o From the time of Motilal Nehru Committee (1928) the Indian leadership was in favour of Jas
Soli's enlightened concept.
o The racial idea of AICC was also rejected by the Constituent Assembly as it was against the
Indian ethos.
Constitutional Provisions

▪ The Union is listed in the Union List under the Constitution and thus has the exclusive jurisdiction
of the Parliament.
▪ The Constitution does not define the term 'citizen', but the details of various categories of persons
entitled to citizenship are given in Part II (Articles 5 to 11).
▪ Unlike other provisions of the Constitution, which came into force on January 26, 1950, these
Articles were only implemented on November 26, 1949 , when the Constitution was adopted.
▪ Article 5: It grants citizenship at the commencement of the Constitution.

o All those who lived and were born in India were given citizenship.
o Even those who were domiciled but not born in India, but whose parents were born in India
were also considered citizens.
o A person who had been an ordinary resident for more than five years was also entitled to
apply for citizenship.
▪ Article 6: It provided citizenship rights to certain persons who have migrated from Pakistan to
India.

o Since independence preceded partition and migration, Article 6 stipulated that any person
who migrated to India before July 19, 1949, would automatically become an Indian citizen if
either of his parents or grandparents was born in India.
o But those entering India after this date were required to register themselves.
▪ Article 7: Provides citizenship rights to certain migrants who go to Pakistan
.
o Those who had migrated to Pakistan after March 1, 1947, but later returned on resettlement
permits were included in the ambit of citizenship.
o The law was more sympathetic to those who had migrated from Pakistan and called them
refugees, than those who were stranded or had gone there in a state of confusion but decided
to return sooner.
▪ Article 8 provides for the rights of citizenship of certain persons of Indian origin residing outside
India
.
o Any Person of Indian Origin residing outside India, or whose parents or grandparents were
born in India, may register himself as an Indian citizen with the Indian Diplomatic Mission.
▪ Article 9: Provided that any person who voluntarily acquires citizenship of a foreign State shall
cease to be a citizen of India.
▪ Article 10: It states that every person who is or is deemed to be a citizen of India under any of the
foregoing provisions of this Part shall, subject to the provisions of any law made by Parliament,
continue to be such citizen.
▪ Article 11: It empowers Parliament to make any provision in respect of the acquisition and
termination of citizenship and all matters connected therewith.
Acts and Amendments

▪ The Citizenship Act, 1955 provides for the acquisition and determination of Indian citizenship.
Acquisition and determination of Indian citizenship

▪ There are four ways to acquire Indian citizenship: birth, descent, registration and naturalization.
The provisions are listed under the Citizenship Act, 1955.
▪ From birth:

o Every person born in India on or after 26.01.1950 but before 01.07.1987 is a citizen of India
irrespective of the nationality of his parents.
o Every person born in India between 01.07.1987 and 02.12.2004 is a citizen of India provided
his parents were citizens of the country by birth at the time of his birth.
o Every person born in India on or after 12.2004 is a citizen of the country provided both of his
parents are Indians or at least one parent is a citizen and the other is not an illegal migrant at
the time of birth.
▪ By registration: Citizenship can also be obtained by registration. There are some mandatory
rules:

o A person of Indian origin who has been resident in India for 7 years before applying for
registration.
o A person of Indian origin who is resident in any country outside undivided India.
o A person who is married to an Indian citizen and is ordinarily resident for 7 years before
applying for registration.
o Minor children of persons who are citizens of India.
▪ By Dynasty:

o A person born outside India on or after January 26, 1950 is a citizen of India by descent if his
father was a citizen of India by birth.
o A person born outside India on or after December 10, 1992, but before December 3, 2004 if
either of his parents was a citizen of India by birth.
o If a person born outside India or after December 3, 2004 is to acquire citizenship, his parents
have to declare that the minor does not hold the passport of any other country and that his
birth is registered at the Indian consulate within one year. of birth.
▪ By naturalization:

o A person can acquire citizenship by naturalization if he/she has been a resident of India for
12 years (12 months preceding the date of application and 11 years in total) and fulfills all
the qualifications in the Third Schedule of the Citizenship Act.
▪ The Act does not provide for dual citizenship or dual nationality. It allows citizenship only for a
person listed under the above provisions: by birth, descent, registration or naturalization.

इकाई - IV
fundamental right
Articles 12-35 of the Indian Constitution deal with Fundamental Rights. These human rights are
provided to the citizens of India as the Constitution states that these rights are inviolable. Right to life,
right to dignity, right to education etc. all come under one of the six main fundamental rights.

What are Fundamental Rights?

India The basic human rights enshrined in the Constitution of India are Which are guaranteed for all
citizens. Breed them, duty, It is implemented without any discrimination on the basis of gender etc.
Significantly, fundamental rights can be enforced by courts subject to certain conditions.
Why are they called fundamental rights?
These rights are called fundamental rights for two reasons:

1. They are enshrined in the Constitution that guarantees them

2. They are equitable (enforced by the courts). In case of violation, a person can approach a court
of law.

List of Fundamental Rights

There are six fundamental rights of the Indian Constitution, along with the constitutional articles
related to them are given below:

1. Right to Equality (Articles 14-18)

2. Right to Freedom (Articles 19-22)
3. Right against exploitation (Articles 23-24)
4. Right to Freedom of Religion (Articles 25-28)
5. Cultural and Educational Rights (Articles 29-30)
6. Right to Constitutional Remedies (Article 32)

Why is the right to property not a fundamental right?

There was another fundamental right in the constitution, i.e. the right to property.
44th Constitutional Amendment was removed from the list of fundamental rights by ।
This was because this right proved to be an obstacle towards achieving the goal of socialism and
redistributing wealth (property) equally among the people.
Note: Right to property is now a legal right and not a fundamental right.

Introduction to six fundamental rights (Articles 12 to 35)

Under this section, we list the fundamental rights in India and briefly describe each of them.
Right to Equality (Articles 14 – 18)
The right to equality guarantees equal rights to all irrespective of religion, gender, caste, creed or place
of birth. It ensures equal opportunities of employment in the government and insures against
discrimination by the state in matters of employment on the basis of caste, religion etc. This right
includes the abolition of untouchability along with titles.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society. The Indian
Constitution guarantees freedom to citizens. The right to freedom includes a number of rights such as:

• Freedom of Expression
• Freedom of Expression
• Freedom of assembly without arms
• Freedom of association
• Freedom to do any business
• Freedom to live in any part of the country

Some of these rights are subject to certain conditions of state security, public morality and decency and
friendly relations with foreign countries. This means that the state has the right to impose appropriate
restrictions on them.
Right against exploitation (Articles 23 – 24)
This right implies prohibition of human trafficking, forced labour and other forms of forced labour. It
also implies the prohibition of children in factories, etc. The Constitution prohibits children under the
age of 14 from working in hazardous conditions.
Right to freedom of religion (Articles 25 – 28)
This indicates the secular nature of Indian politics. All religions are given equal respect. There is
freedom of conscience, profession, practice and propagation of religion. The state has no official
religion. Everyone has the right to freely practice his faith, to establish and maintain religious and
charitable institutions.
5. Cultural and Educational Rights (Articles 29-30)
These rights protect the rights of religious, cultural and linguistic minorities, facilitating them to
preserve their heritage and culture. Educational rights are to ensure education for all without any
discrimination.
6. Right to Constitutional Remedies (32-35)
The Constitution guarantees remedy if the fundamental rights of citizens are violated. The government
can neither violate anyone's rights nor curb anyone's rights. When these rights are violated, the
aggrieved party can approach the courts. Citizens can also directly approach the Supreme Court which
can issue writs to enforce fundamental rights.

Features of Fundamental Rights

• Fundamental rights differ from ordinary legal rights in the way they are enforced. If there is a
violation of any legal right, the aggrieved person cannot approach the SC directly, bypassing the
lower courts . He should first approach the lower courts.
• Some fundamental rights are available to all citizens while the rest are for all individuals
(citizens and foreigners).
• Fundamental rights are not absolute rights. They have reasonable restrictions, which means that
they are subject to the conditions of state security, public morality and decency, and friendly
relations with foreign countries.
• They are equitable, which means they are enforceable by the courts. In case of violation of
fundamental rights, people can approach the SC directly.
• Fundamental Rights can be modified by a constitutional amendment by the Parliament, but only
if the amendment does not change the basic structure of the Constitution.
• Fundamental rights can be suspended during a national emergency. But, the rights guaranteed
under Articles 20 and 21 cannot be suspended.
 • The exercise of fundamental rights can be restricted in a territory that has been subjected to
martial law or military rule.
In addition, in the news:

• Matrimonial Rights
• The right to be forgotten

Fundamental rights are available only to citizens

The following is a list of fundamental rights that are available only to citizens (not to foreigners):

1. Prohibition of discrimination on grounds of race, religion, caste, sex or place of birth (Article 15).
2. Equality of opportunity in matters of public employment (Article 16).
3. Protection of Freedoms:(Article 19)
• Speech and Expression
• organization
• assembly
• movement
• residence
• profession
Protection of culture, language and script of minorities (Article 29).
Right of minorities to establish and administer educational institutions (Article 30).

Importance of Fundamental Rights

Fundamental rights are very important as they are like the backbone of the country. They are necessary
to protect the interests of the people.
paragraph 13 in accordance with, All laws violating fundamental rights will be void. here, Judicial
Review There is a clear provision for ... । SC And the High Courts can declare any law unconstitutional
on the ground that it is violative of fundamental rights. paragraph 13 It doesn't just talk about laws,
Rather ordinances, Commands, Regulations, It also talks about notifications, etc.

Amendment in Fundamental Rights

Any change in fundamental rights requires a constitutional amendment that must be passed by both
houses of Parliament. The amendment bill should be passed by a special majority of Parliament.
According to the Constitution, Article 13(2) states that no law can be made which takes away the
fundamental rights.
The question is whether a Constitutional Amendment Act can be called a law or not.
In the Sajjan Singh case of 1965, the Supreme Court held that Parliament can amend any part of the
Constitution, including fundamental rights.
But in 1967, the SC reversed its earlier stand when the Golaknath case judgment held that fundamental
rights could not be amended.
In 1973, a landmark judgment was delivered in the Kesavananda Bharati case, where the SC held that
though no part of the Constitution, including the fundamental rights, was beyond the amending power
of Parliament , "the basic structure of the Constitution could not be abrogated even by a constitutional
amendment." "
It is the basis of Indian law in which the judiciary can strike down any amendment passed by the
Parliament which is in conflict with the basic structure of the Constitution.
In 1981, the Supreme Court reiterated the basic structure principle.
It also drew a line of demarcation as to April 24, 1973, i.e., the date of the Kesavananda Bharati
judgment, and held that it should not be applied retrospectively to reopen the validity of any
amendment to the Constitution, which took place prior to that date.

Principle of severity
It is a principle that protects the fundamental rights enshrined in the Constitution .
The principle of separability is also called.
It is mentioned in Article 13, according to which all laws enacted in India before the commencement of
the Constitution, inconsistent with the provisions of the Fundamental Rights shall be void to the extent
of that inconsistency.
This implies that only those parts of the statute that are inconsistent will be considered void, not the
entire statue. Only those provisions which are inconsistent with the Fundamental Rights will be void.

Principle of Eclipse
This principle states that any law violating the fundamental rights is not null or void from the outset,
but is only non-enforceable, i.e. it is not dead but inactive.
This implies that whenever that fundamental right (which was violated by law) is taken away, the law
becomes revived (revived).
Another thing to note is that the principle of eclipse applies only to pre-constitutional laws (laws that
were made before the Constitution came into force) and not to subsequent constitutional laws.
This means that any post-constitutional law that violates a fundamental right is void from the outset.
Right to Constitutional Remedies

What is a writ?
Supreme Court of India to provide constitutional remedies to protect citizens from violation of
fundamental rights There are written orders issued by
Facts about Writs in India
• Article 32 also empowers Parliament to authorise any other court to issue these writs
• Prior to 1950, only the High Courts of Calcutta, Bombay and Madras had the power to issue
writs.
• Article 226 empowers all High Courts in India to issue writs
• The writs of India are borrowed from English law where they are known as 'writs of privilege'
What is a Writ Petition?
A writ petition is essentially a court petition for extraordinary review, in which the court is asked to
intervene in the decision of the lower court. Under the Indian legal system, the authority to issue 'writ
of privilege' is given to the Supreme Court and the High Courts of all Indian states. Parts of the law
relating to writs are outlined in the Constitution of India.

Nature of Writ Jurisdiction

This is called the discretionary proposed under the article. Here are the key factors to guide discretion:

The Guiding Factor of meaning

This Conscience
 Alternative relief The lawsuit actually sought alternative or various forms of treatment

Right to be heard The right to grant action or the right to be heard in advance in a court of law

Questions of Fact An issue that involves the resolution of any factual dispute or controversy

Lapse of period A defence for equitable action, which prevents recovery by the plaintiff due to
undue delay on the part of the plaintiff, is seeking relief

Res Judicata A case that has been settled

What are the major types of writs?

There are about 5 types of writs provided under Article 32 which are listed below:

Types of Writs
The Constitution empowers the Supreme Court and High Courts to issue orders or writs.
The types of writs are:

• Habeas Corpus
• certificate
• forbiddance
• writ of mandamus
• Rights Query

Habeas Corpus
Habeas corpus is a writ that is enforced against unlawful detention to protect an individual's
fundamental right to liberty. The writ orders the government officer to hand over the detained person
before the court and give valid reasons for his detention. However, this writ cannot be issued in a
situation when the proceedings are for contempt of a legislature or court.

certificate
A writ of certiorari is issued directing a trial court that the transfer of a case for review, usually to set
aside the judgment of the lower court. The Supreme Court issues a writ of certiorari in case the decision
passed by the lower court is challenged by the party. It is issued when the High Court finds it a case of
excess or lack of jurisdiction.
It is one of the mechanisms by which the fundamental rights of the citizens are upheld.

forbiddance
Prohibition is a writ issued by a High Court to a lower court enforcing inaction in the jurisdiction. This
happens only when the discretion of the High Court is beyond the jurisdiction of the lower court. A writ
of prohibition can be issued only against judicial and quasi-judicial authorities.

writ of mandamus
A writ of mandamus is issued to a subordinate court, an official of the government, or a corporation or
other entity that is in command of the performance of certain functions or duties.
Unlike habeas corpus, a mandamus cannot be issued against a private individual.
A mandamus may be used for an order to complete a task or, in other cases, an activity may be required
to close it.

Inquiry of Rights
A query of rights is issued against a person who claims or usurps a public office. Through this writ, the
court asks 'by what authority' the person supports his claim.
Through this writ, the court examines the validity of a person's claim to a public office. This writ
prevents illegal occupation of public office by a person.

Suspension of Fundamental Rights

• Fundamental rights can be suspended in case of national emergency mentioned under Article
352.
• The six fundamental rights under Article 19 are automatically suspended if a national
emergency is imposed on the grounds of war or external aggression which is stated under Article
358.
• Article 359 provides for suspension of other rights. In such a situation, the President has to issue
a separate notification.
• The rights mentioned under Articles 20 and 21 can never be suspended.
• Constitutional emergency and financial emergency cannot affect the fundamental rights.

Fundamental Duties in India Article - 51 (A)

The 42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian Constitution. The 86th
Amendment Act 2002 later added the 11th Fundamental Duty to the list. In 1976, the Swaran Singh
Committee recommended the Fundamental Duties, the need for which was felt during the Internal
Emergency of 1975-77.

Introduction to 11 Fundamental Duties in India

The Fundamental Duties which were added by the 42nd Amendment Act of the Constitution in 1976,
apart from creating and promoting culture, also strengthen the hands of the legislature in enforcing
these duties in comparison to the Fundamental Rights.
The list of 11 Fundamental Duties to be followed by every Indian citizen under Article 51-A is given in
the table below:

Sr.No 11 Fundamental Duties

1. Indian Constitution Follow and his ideals and institutions, Respect the national flag and
national anthem

2. Cherish and follow the noble ideals that inspired the national struggle for freedom

3. To uphold and protect the sovereignty, unity and integrity of India

4. Defend the country and render national service when called upon to do so
 5. To promote harmony and the spirit of common brotherhood amongst all the people of India
irrespective of religious, linguistic and regional or sectional diversities and to renounce
practices derogatory to the dignity of women

6. Value and preserve the rich heritage of the country's composite culture

7. To protect and improve the natural environment including forests, lakes, rivers and wildlife
and to have compassion for living beings

8. Develop scientific temper, humanism and a spirit of inquiry and reform

9. Protecting public property and abjuring violence

10. Strive for excellence in all spheres of individual and collective activity so that the nation may
consistently reach higher levels of endeavour and achievement

1 1। Provide educational opportunities to your child or ward between the ages of six and fourteen.
This duty was added by the 86th Constitutional Amendment Act, 2002

Importance of Fundamental Duties- Part IV-A

Fundamental duties are an integral part of fundamental rights . Their importance is given in the table
below:

Sr.No Importance of Fundamental Duties

1. They remind Indian citizens of their duty towards their society, fellow citizens and the nation

2. They warn citizens against anti-national and anti-social activities

3. They inspire citizens and inculcate in them a sense of discipline and commitment

4. They help the courts in examining and determining the constitutional validity of a law

Criticism of Fundamental Duties

The Fundamental Duties mentioned in Part IVA of the Constitution have been criticized on the following
grounds:

• Due to his non-judgmental character he has been described by critics as a code of moral precepts.
His inclusion in the Constitution was called exaggerated by critics. This is because the
fundamental duties included in the constitution will be fulfilled by the people even if they are
not included in the constitution.
• Some duties are vague, vague and difficult to understand by the common man.
• The list of duties is not exhaustive as it excludes other important duties such as voting, paying
taxes, family planning, etc. In fact, the fee for paying taxes was recommended by the Swaran
Singh Committee.
• Critics argued that the inclusion of Fundamental Duties as an appendix to Part IV of the
Constitution has diminished their value and importance. They should have been added after
Part III so as to keep them equal to the Fundamental Rights.
 • Swaran Singh's committee recommended more than 10 Fundamental Duties, however, not all
were included in the Constitution. The works recommended by the committee which were not
accepted were:
1. Citizens should be punished/punished by the Parliament for not performing or refusing
to perform any duty.
2. The punishment/fine fixed by Parliament shall not be called in question in any court on
the ground of violation of any fundamental right or on the ground of opposition to any
other provision of the Constitution.
3. Duty to pay taxes.

Facts about Fundamental Duties

Fundamental duties are divided into two parts - moral duties and civic duties

1. Moral Duty: To cherish the great ideals of the freedom struggle

2. Civic Duties: Respecting the Constitution, National Flag and National Anthem
• They are essentially a codification of integral functions of the Indian way of life.
• Fundamental duties are limited to Indian citizens only and do not extend to foreigners unlike
certain fundamental rights
• Directive Principles of State Policies Uniform non-There are also judicial
• There are no legal sanctions against their violation

Directive Principles of State Policy

Article 36-51 under Part-IV of the Indian Constitution deals with the Directive Principles of State Policy
(DPSP). They are borrowed from the Constitution of Ireland, which copied it from the Spanish
Constitution. This article will only discuss the Directive Principles of State Policy, its importance in the
Indian Constitution and the history of its struggle with Fundamental Rights.

• The Constitution of India aims not only to establish political democracy but also to do socio-
economic justice to the people for the establishment of a welfare state. With this objective in
mind, our Constitution lays down the desirable principles and guidelines in Part IV.
• These provisions are known as the Directive Principles of State Policy. The Directive Principles
of State Policy (DPSP) aim to ensure socio-economic justice to the people and establish India as
a welfare state.
• The Directive Principles of State Policy are in the form of directions/guidelines for the Central
and State Governments. Although these principles are non-judgmental, they are fundamental in
the governance of the country.
• The idea of the Directive Principles of State Policy has been taken from the Irish Republic. They
were included in our constitution to provide economic justice and to avoid concentration of
wealth in the hands of a few people.

What are the Directive Principles of State Policy?

In 1945, the Sapru Committee suggested two categories of individual rights. One is a just right and the
other is a non-judicial right. Equitable rights, as we know, are fundamental rights, whereas non-judicial
rights are the directive principles of state policy.
DPSPs are ideals that should be kept in mind while framing policies and laws by the state. There are
various definitions of the Directive Principles of the State which are given below:

• They are the 'instruments of instructions' which are outlined in the Government of India Act,
1935.
• They want to establish economic and social democracy in the country.
• DPSPs are ideals that are not legally enforced by courts for their violation.
Directive Principles of State Policy – Classification
The Indian Constitution has not basically classified DPSPs, but based on their content and direction,
they are generally classified into three types-
• Socialist theory
• Gandhian principles and,
• Liberal intellectual theory.

The details of the three types of DPSP are given below:

DPSP - Socialist Theory

Definition : They are principles that aim to provide social and economic justice and set the path towards
a welfare state. Under various articles, they direct the state:

Article 38 To promote the welfare of the people and reduce inequalities in income, status,
facilities and opportunities by securing a social order through social, economic and
political justice

Article 39 Safe Citizens:

• Right to adequate means of livelihood for all citizens

• Equitable distribution of material resources of the community for the collective
good
• Preventing the concentration of wealth and means of production
• Equal pay for equal work for men and women
• Protection of the health and strength of workers and children against forced
abuse
• Opportunities for Healthy Development of Children

Article 39A To promote equal justice and free legal aid to the poor

Article 41 Secure citizens in the event of unemployment, old age, disease and disability:

• Right to Work
• Right to Education
• Right to Public Assistance

Article 42 Make provision for just and humane conditions of work and maternity relief

Article 43 Ensure a living wage, a decent standard of living, and social and cultural opportunities
for all workers
Article 43A To take steps to ensure participation of workers in the management of industries

Article 47 Raising the nutritional level and standard of living of the people and improving public
health

DPSP - Gandhian Principles

Definition : These principles are based on Gandhian ideology which represented the program of
reconstruction propounded by Gandhi during the national movement. Under various articles, they direct
the state:

Article 40 To organize village panchayats and to endow them with necessary powers and
authority to enable them to function as units of self-government

Article 43 Promotion of cottage industries on individual or cooperative basis in rural areas

Article 43B Promote voluntary formation, autonomous functioning, democratic control and
professional management of cooperatives

Article 46 To promote the educational and economic interests of the Scheduled Castes,
Scheduled Tribes and other weaker sections of the society and to protect them from
social injustice and exploitation

Article 47 Prohibit the consumption of intoxicating drinks and drugs harmful to health

Article 48 Prohibiting slaughter of cows, calves and other milch animals and improving their
breeds

DPSP - Liberal-Intellectual Theory

Definition : These principles reflect the ideology of liberalism. Under various articles, they direct the state:

Article 44 To ensure a Uniform Civil Code for all citizens throughout the country

Article 45 Provide early childhood care and education for all children until they complete the age
of fourteen years

Article 48 Organize agriculture and animal husbandry on a modern and scientific basis

Article 49 To protect monuments, places and objects of artistic or historical interest which have
been declared to be of national importance
 Article 50 Separation of judiciary from executive in public services of the state

Article 51 • To promote international peace and security and to maintain just and honourable
relations between nations
• Promote respect for international law and treaty obligations
• Encourage settlement of international disputes by arbitration

What are the new DPSPs added by the 42nd Amendment Act, 1976?
The 42nd Amendment Act , 1976 added four new Directive Principles to the list:
Sr.No writing New DPSPs

1 Article 39 Securing opportunities for children's healthy development

2 Article 39A To promote equal justice and provide free legal aid to the poor

3 Article 43A To take steps to ensure participation of workers in the management of

industries

4 Article 48A To protect and improve the environment and to protect forests and wildlife

Facts about the Directive Principles of State Policy:

1. paragraph 38 A new DPSP under 1978 Case-ending showing possession or relation 44th
Amendment Act Added by , For which the state gets income, condition, Disparities in facilities
and opportunities need to be reduced.
2. Changed the content of Article 45 and made elementary education a fundamental right under
Article 21A. The amended directive requires the state to provide early childhood care and
education for all children until they complete 14 years of age.
3. A new DPSP was added under Article 43B by the 97th Amendment Act of 2011 relating to
cooperatives. For this, the state needs to promote voluntary formation, autonomous functioning,
democratic control and professional management of cooperatives.
4. Under Article 37, the Indian Constitution makes it clear that 'DPSPs are fundamental in the
governance of the country and it shall be the duty of the State to apply these principles in making
laws'. '

Criticism of Directive Principles of State Policy

As a point of debate, the following reasons have been given for criticism of the Directive Principles of
State Policy:

1. It has no legal force

2. It's irrationally arranged
3. It is conservative in nature
4. It may create constitutional conflict between the Centre and the state

What is the conflict between fundamental rights and DPSP?

With the help of the four court cases given below, candidates can understand the relationship between
Fundamental Rights and the Directive Principles of State Policy:
Champkam Dorairajan Case (1951)
The Supreme Court ruled that in any case of conflict between the fundamental rights and the DPSP, the
earlier provisions shall prevail. The DPSP was supposed to run as an adjunct to fundamental rights. The
SC also ruled that Parliament can amend the fundamental rights through the Constitutional
Amendment Act to implement DPSPs.
Result: Parliament enacted the First Amendment Act (1951), the Fourth Amendment Act (1955)
and the Seventeenth Amendment Act (1964) to give effect to certain directives .
Golaknath Case (1967)
The Supreme Court ruled that Parliament cannot amend the fundamental rights to implement the
Directive Principles of State Policy.
Result: Parliament enacted the 24th Amendment Act 1971 and the 25th Amendment Act 1971
declaring that it has the power to curtail or abolish any fundamental right by enacting Constitutional
Amendment Acts. The 25th Amendment Act inserted a new Article 31C which has two provisions:

• Any law which attempts to apply the socialist directive principles referred to in Article 39(b)22
and (c)23 shall not be void on the ground of violation of the fundamental rights guaranteed by
Article 14 (equality before law and equal protection of laws). Article 19 (protection of six rights
in relation to speech, assembly, movement, etc.) or Article 31 (right to property).
• No law declaring such policy to give effect shall be questioned in any court on the ground that it
does not give effect to such policy.
- Kesavananda Bharati Case (1973)
The Supreme Court struck down the second provision of Article 31C added by the 25th Amendment
Act during the Golaknath case of 1967. It termed the provision "unconstitutional". However, it upheld
the first provision of Article 31C as constitutional and valid.
Result: Through the 42nd Amendment Act, Parliament expanded the scope of the first provision of
Article 31C. It granted legal supremacy and supremacy to the Directive Principles on Fundamental
Rights conferred by Articles 14, 19 and 31.
Minerva Mills Case (1980)
The Supreme Court termed the extension of Article 31C made by the 42nd Amendment Act as
unconstitutional and invalid. This made the DPSP subordinate to fundamental rights. The Supreme
Court also held that ' the Indian Constitution has been established on the basis of balance between the
Fundamental Rights and the Directive Principles. '
The Supreme Court's decisions following the case were:

• Fundamental Rights and DPSP are the core of commitment to social revolution.
• The harmony and balance between the Fundamental Rights and the Directive Principles of State
Policy is an essential feature of the basic structure of the Constitution.
• The goals set by the Directive Principles are to be achieved without repeal of the means provided
by the Fundamental Rights.

Conclusion:
Today, Fundamental Rights enjoy supremacy over the Directive Principles. Nevertheless, the Directive
Principles can be applied. Parliament can amend the Fundamental Rights to apply the Directive
Principles, as long as the amendment does not harm or destroy the basic structure of the Constitution.

The major differences between fundamental rights and fundamental duties are:

fundamental right Fundamental Duties

 Part 3 of the Constitution of India contains the Article 51-A contained in Part IV A of the
fundamental rights guaranteed to the citizens of India. Constitution of India deals with
Articles 12-35 of the Constitution of India deal with Fundamental Duties.
Fundamental Rights.

The fundamental rights were borrowed from the The fundamental duties were derived from
Constitution of the United States the Constitution of the former Soviet Union
(USSR).

Fundamental rights are defined as the basic human rights 'Fundamental duties' are defined as the
of all citizens. These rights, as defined in Part III of the moral obligations of all citizens to promote
Constitution, apply irrespective of race, place of birth, a sense of patriotism and to help maintain
religion, caste , creed or sex. the unity of India.

Fundamental rights are an integral part of the Fundamental duties can be taken away.
Constitution, so it cannot be taken away. Fundamental However, suspension of fundamental duties
rights can be suspended during a national emergency. But, is not required during an emergency.
the rights guaranteed under Articles 20 and 21 cannot be
suspended.

Fundamental rights are not absolute as they can be Fundamental duties are absolute in nature
controlled and are subject to reasonable restrictions for
the protection of general welfare

All the citizens of India cannot enjoy the Fundamental Fundamental duties have been extended to
Rights to the fullest. An example would be personnel all Indian citizens including personnel
belonging to the Indian Army. belonging to the Indian Army.

Fundamental rights can be enforced through the Supreme Fundamental duties cannot be enforced
Court and High Courts. According to Article 32, the through courts.
Supreme Court can enforce fundamental rights. According
to Article 226, High Courts can issue writs for enforcement
of fundamental rights

Fundamental rights are permissible on the condition that Fundamental duties are absolutely
it is subject to the basic structure responsive

Some fundamental rights are available exclusively only to Fundamental duties are provided only to
the citizens of India, while some fundamental rights are the citizens of India. Fundamental duties
extended to foreigners as well. are not extended or binding on foreigners.

Fundamental rights are political and social in character. Fundamental duties are political, social and
There is no scope for guaranteed economic rights, as it economic in character.
does not mention anything about a guaranteed job.

Some fundamental rights are available against an The obligations of Fundamental Duties are
individual and some fundamental rights are also available expected less towards an individual and
against the state. less towards a nation or society as a whole.

The major differences between Fundamental Rights and the Directive Principles of State Policy
are:
 fundamental right Directive Principles of State Policy

Part 3 of the Constitution of India contains the The Directive Principles are written in Part IV
fundamental rights guaranteed to the citizens of of the Constitution of India. They are given in
India. Articles 12-35 of the Constitution of India deal Article 36-51 of the Constitution of India.
with Fundamental Rights.

The fundamental rights given to Indian citizens by The Directive Principles of the Indian
the Constitution of India are called fundamental Constitution are the guidelines to be followed
rights by the government while framing policies.

Political democracy has been established in India Economic and social democracy is established
with the help of the fundamental rights given in the with the help of the Directive Principles of
Constitution of India. State Policy

The welfare of every citizen is promoted through With the help of directive principles, the
fundamental rights welfare of the entire community takes place.

As per law, violation of fundamental rights is Violation of the Directive Principles is not a
punishable. punishable offence unlike violation of
fundamental rights

Fundamental rights are justiciable as they can be The Directive Principles are not justiciable as
legally enforced by courts if violated. they cannot be enforced by courts if there is a
violation.

If there is a law which violates fundamental rights If a law is in violation of the Directive
then courts can declare it illegal and Principles, courts do not have the power to
unconstitutional. declare it invalid and unconstitutional.

Fundamental rights are sometimes considered as a The Directive Principles are the directives to
kind of restriction imposed on the state. help the government achieve certain
particular objectives.

Fundamental rights can be suspended during a The Directive Principles of State Policy cannot
national emergency. But, the rights guaranteed be suspended under any circumstances.
under Articles 20 and 21 cannot be suspended.

The fundamental rights were borrowed from the The Directive Principles of State Policy were
Constitution of the United States borrowed from the Constitution of Ireland
which in turn was copied from the
Constitution of Spain.

Prime Minister of India

Article 75 of the Indian Constitution mentions that a Prime Minister is someone who is appointed by
the President. There is no specific procedure for their election or appointment. Article 74(1) states that
there shall be a Council of Ministers with the Prime Minister to aid and advise the President. Thus, the
Indian Constitution recognizes the Council of Ministers itself.
Who is the elected or appointed Prime Minister of India?
The President of India appoints a person as the Prime Minister who is either the leader of the party who
has a majority in the Lok Sabha or the person who is able to win the confidence of the Lok Sabha by
gaining other political support. parties. All other ministers are appointed by the President on the advice
of the Prime Minister.

Powers and functions of the Prime Minister

The Prime Minister of India serves the country by performing various functions. He performs his
functions taking responsibility as follows:

• Leader of the Country: The Prime Minister of India is the head of the Government of India.
• Portfolio Allocation: The Prime Minister has the authority to allocate portfolios to ministers.
• Chairman of the Cabinet: The Prime Minister is the Chairman of the Cabinet and presides over
the meetings of the Cabinet. If there is any significant difference of opinion among the members,
he can enforce his decision.
• Official representative of the country: The Prime Minister represents the country for high-level
international meetings
• Link between President and Cabinet: The Prime Minister acts as the link between the President
and the Cabinet. He apprises the President of all decisions of the Cabinet that are related to the
administration of the affairs of the Union and proposals for legislation.
• Head: The Prime Minister heads the Nuclear Command Authority, NITI Aayog, the Appointments
Committee of the Cabinet, the Department of Atomic Energy, the Department of Space and the
Ministry of Personnel , Public Grievances and Pensions.
• Chief Advisor: He serves as the Chief Advisor to the President

Who is eligible to be Prime Minister?

To be an Indian Prime Minister one must be

• A citizen of India.
• Member of Rajya Sabha or Lok Sabha
• If he is a member of Rajya Sabha, he should be 30 years of age or if he is a member of Lok Sabha,
he can be 25 years of age .

Position of Prime Minister

Right from the days of the first Prime Minister Pandit Jawaharlal Nehru, the Prime Minister is
considered to be on a very high post. His primacy rests on his commanding position in the cabinet,
coupled with the fact that he is the leader of the majority party.
All these positions of power, when merged into one person, are far above an ordinary Minister. The
death or resignation of the Prime Minister automatically leads to the dissolution of the Council of
Ministers. This generates a vacuum. The death, resignation or dismissal of a minister only creates a
vacuum which the Prime Minister may or may not like to fill. The government cannot run without the
Prime Minister, but the absence of a minister can be easily compensated.

Relationship between Prime Minister and President of India

There are certain articles in the Indian Constitution that relate to the relationship of both Prime Minister
and President with each other. The articles are:
• Article 74
• Article 75
• Article 78
 materials Relationship between Prime Minister and President

74 Mentions how both the Prime Minister and the President are connected to the Council
of Ministers. The Council, along with the Prime Minister, advises the President on
various issues.

75 Three things to mention:

• The President appoints the Prime Minister and the other ministers are
appointed by the President on the advice of the Prime Minister.
• Ministers continue in office during the pleasure of the President.
• The Council of Ministers is collectively responsible to the Lok Sabha.

78 The Prime Minister informs the President of all decisions taken by the Council of
Members. The President can also refer to the issues under consideration of the Council
of Members.

Council of Ministers
Which Articles of the Constitution are related to the Council of Ministers?
Two articles - Article 74 and Article 75 of the Indian Constitution deal with the Council of Ministers.
Where Article 74 mentions that the Council shall be headed by the Prime Minister of India and shall aid
and advise the President, Article 75 mentions the following:
• They are appointed by the President on the advice of the Prime Minister
• They form 15% of the total strength of the lower house i.e. Lok Sabha along with the Prime
Minister of India. (Number cannot exceed 15%)
• The 91st Amendment Act provides for disqualification of a Minister for disqualification as a
Member of Parliament. ( Difference between Lok Sabha and Rajya Sabha can be seen in the linked
article.) )
• A minister ceases to exist if he is not a member of either house of parliament for six consecutive
months.
• The Parliament determines the salaries and allowances of the Council of Ministers.

Is the advice given by the Council of Ministers binding on the President?

Yes, the advice is binding on the President and this provision was introduced by the 42nd Amendment
Act 1976 and the 44th Amendment Act 1978. The Acts also mention that the advice given by the Council
cannot be examined by any court. Read about the 42nd Amendment Act and the 44th Amendment Act
in the linked articles below:
• 42nd Amendment Act
• 44th Amendment Act

Collective responsibility of the Council of Ministers

The Cabinet system in England is based on traditions. The framers of our Constitution thought it
appropriate to include the system in the Constitution. The principle of collective responsibility finds a
place in art. 75(3) where it is said that the Council of Ministers shall be collectively responsible to the
Lok Sabha. In other words, this provision means that a Ministry which loses faith in the Lok Sabha is
compelled to resign. The loss of confidence is expressed by rejecting a Money Bill or Finance Bill or any
other important policy measure or by passing a motion of no confidence or by rejecting a motion
expressing confidence in the Ministry. When a Ministry loses the confidence of the Lok Sabha, the entire
Ministry has to resign along with the Ministers who are from Rajya Sabha. Ministers fall and stand
together. In certain cases, the Ministry may advise the President to dissolve the Lok Sabha and call for
fresh elections.

Types of Ministers
The Indian Constitution does not classify the ministers into ranks, however, in practice it has been
observed in India that there are four types of ministers:

1. Cabinet Minister — He is present and he attends every meeting of the cabinet.

2. Minister of State with Independent Charge: A Minister of State who does not work under a
Cabinet Minister. When a matter related to their department is on the agenda of the cabinet, they
are invited to attend the meeting.
3. Minister of State – He is a minister who does not have independent charge of any department
and works under a cabinet minister. The work to such a minister is allotted by his cabinet
minister.
4. Deputy Minister – He is a minister who works under a cabinet minister or a minister of state
with independent charge. His work is allocated by the same minister under whom he works.

President of India
The President of India is the head of the state and is also called the first citizen of India. He is a part of
the Central Executive, whose provisions are dealt with by Articles 52-78 which include articles relating
to the President (Articles 52-62).

Who is the President of India?

The President of India is the head of the state. He is the first citizen of India and the symbol of unity,
unity and integrity of the nation. He is part of the Central Executive along with the Vice-President, Prime
Minister, Council of Ministers and Attorney General of India.

How is the President elected?

There is no direct election for the President of India. An electoral college elects him. The electoral college
responsible for the election of the President consists of the elected members :

1. Lok Sabha and Rajya Sabha

2. Legislative Assemblies of States (Legislative Councils have no role)
3. Legislative Assemblies of the Union Territories of Delhi and Puducherry

Who does not participate in the election of President?

The following group of people is not involved in the election of President of India:

1. senate Nominated Members of (12)

2. Nominated Members of State Legislative Assemblies
3. Members of the Legislative Councils in bicameral legislatures (both elected and nominated).
4. Nominated members from the Union Territories of Delhi and Puducherry
What is the term of office of the President?
Once elected president, he remains in office for five years. After the completion of five years, he still sits
in office, provided no new elections have been held or no new President has been elected by then. He
can also get re-elected and there is no bar on his re-election.

What is the President's qualification?

A candidate has to meet certain qualifications to be elected as president. Those qualifications of the
President are:

1. He must be an Indian citizen

2. He should be at least 35 years old
3. He must fulfil the conditions for being elected as a member of the Lok Sabha
4. He should not hold any office of profit under the Central Government, State Government or any
public authority

What are the terms of the President's Office?

There are some conditions for a candidate contesting the presidential election:

1. He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either house,
he must vacate the seat on his first day as President in office
2. He should not hold any office of profit
3. For his residence, he is provided with Rashtrapati Bhavan without payment of rent
4. The Parliament determines his emoluments, allowances and privileges
5. Parliament cannot reduce his emoluments and allowances during his term
6. He is exempted from any criminal proceedings, even in respect of his personal acts
7. The President cannot be arrested or imprisoned. Civil proceedings can be initiated only for his
individual acts after giving two months' prior notice.

What is the procedure for impeachment of the President?

The only condition for impeaching an Indian President is 'violation of the Constitution'.
Note: There is no definition of 'violation of the Constitution' in the Indian Constitution.
The presidential impeachment process is given below. (We have taken Lok Sabha as the first House to
initiate impeachment charges, however, Rajya Sabha can also lay impeachment charges against the
President and in that case, it will pass a resolution and send the charges to Lok Sabha which will
investigate and pass if it finds those charges valid.) )

Can the post of President be vacant?

Yes, his office can be vacant in the following ways:

1. When the President of India completes his five-year term in office

2. India's sub-President Forwards to the Resignation
3. If impeachment charges are made by Lok Sabha/Rajya Sabha and they are valid, it is expunged
4. If he dies in the office
5. If the Supreme Court declares his election invalid

Note: The Vice President discharges the duties as President; If the office of the latter becomes vacant
under the circumstances mentioned above, except for the expiration of the term. According to the
Presidents Act 1969; If the office of the Vice-President is also vacant, the Chief Justice of India (CJI) (or
in his absence); The senior-most judge of the Supreme Court performs the functions of the President
(until a new President is elected).

What are the powers and functions of the President of India?

Executive Powers of the President

1. For every executive action that the Government of India takes, it has to be done in his name
2. It may or may not make rules to facilitate the transaction of the business of the central
government
3. Attorney General of India Appoints and determines his remuneration
4. He employs the following people:
1. Comptroller and Auditor General (CAG) of India
2. Chief Election Commissioner and other Election Commissioners
3. Chairman and Members of Union Public Service Commission
4. Governor of the State
5. Chairman and Members of Finance Commission of India
5. He wants administrative information from the central government
6. He expects the Prime Minister to submit for consideration of the Council of Ministers any matter
which has been decided by the Minister but which has not been considered by the Council.
7. He appoints the National Commissions:
1. SC ( Read about the National Commission for Scheduled Castes in the linked article. )
2. Read about Scheduled Tribes ( National Commission for Scheduled Tribes in linked
article. )
3. Other Backward Classes ( Read about the National Commission for Backward Classes in
the linked article. )
8. He appoints the Interstate Council
9. He appoints the administrators of the Union Territories
10. He can declare any area as a scheduled area and has powers with regard to the administration
of scheduled areas and tribal areas

Legislative Powers of the President

1. He summons or prorogues Parliament and dissolves the Lok Sabha

2. In case of deadlock, it calls a joint sitting of Lok Sabha and Rajya Sabha
3. He addresses the Indian Parliament at the beginning of the first session after every general
election
4. When seats fall vacant, he appoints the Speaker, Deputy Speaker of Lok Sabha and
Chairman/Deputy Chairman of Rajya Sabha ( Check the related article to know the difference
between Lok Sabha and Rajya Sabha. )
5. He nominates 12 members to the Rajya Sabha
6. It can nominate two members from the Anglo-Indian community to the Lok Sabha
7. He consults the Election Commission of India on questions of disqualification of MPs.
8. He recommends/allows introduction of certain types of bills (To read how a bill is passed in the
Indian Parliament, check the linked article. )
9. He issues ordinances
10. He lays the following report before Parliament:
1. Comptroller and Auditor General
2. Union Public Service Commission
3. Finance Commission, etc.

Financial Powers of the President

1. money bill To present His prior recommendation is mandatory

 2. He places the Union Budget before the Parliament
3. To solicit a grant, her recommendation is a pre-requisite
4. India's contingency fund is under its control
5. It constitutes the Finance Commission every five years

Judicial Powers of the President

1. The Chief Justice and the judges of the Supreme Court/High Court are appointed by them
2. He seeks advice from the Supreme Court, however, the advice is not binding on him
3. He has the power to pardon: Under Article 72, he is granted the power to grant pardon for
offences against Union law, punishment by martial court, or against the death penalty.

Note: The pardoning powers of the President include the following:

• The convicts were fully acquitted with the grant of pardon

• The conversion can be replaced with this nature of the conviction
• Remission reduces the term of imprisonment
• To award a lesser sentence than the original sentence in view of the particular situation of the
convict
• The relief prohibits the execution of a sentence awarded for a temporary period

President's Diplomatic Powers

1. International treaties and agreements that are approved by the parliament are negotiated and
concluded in their name
2. He is India's representative in international forums and affairs

Military Powers of the President

He is the Commander of the Defence Forces of India. He appoints to:

1. Army Chief
2. Navy Chief
3. Chief of Air Staff

Emergency powers of the President

He deals with three types of emergencies given in the Indian Constitution:

1. National Emergency (Article 352)

2. President's Rule (Articles 356 and 365)
3. Financial Emergency (Article 360)

What is the ordinance making power of the President?

paragraph 123 It deals with the ordinance making power of the President. The President has many
legislative powers and this power is one of them. He issues an ordinance on the recommendation of the
Union Cabinet. About the power of the President to make ordinances Read more , Check out the linked
article.

What is the President's Veto Power?

When a bill is introduced in the Parliament, the Parliament can pass the Bill and before the Bill becomes
an Act, it has to be presented to the President of India for his approval. It is up to the President of India
to either reject the Bill, return the Bill or withdraw his assent to the Bill. The president's choice over the
bill is said to have his veto power. The veto power of the President of India is guided by Article 111 of
the Indian Constitution.

Unit - V
Supreme Court of India
The Supreme Court of India is the highest judicial court in the country. It is the final court of appeal in
the country. therefore, It is an extremely important topic in UPSC Exam Polity and Administration
sections. In this article, self IAS examination You can read all about the Supreme Court of India for ।

Supreme Court History

• The Federal Court of India was created in accordance with the Government of India Act 1935.
• This court settled disputes between provinces and federal states and heard appeals against
decisions of high courts.
• After independence, the Federal Court and the Judicial Committee of the Privy Council were
replaced by the Supreme Court of India, which came into existence in January 1950.
• The 1950 Constitution envisaged a Supreme Court with a Chief Justice and 7 Deputy Judges.
• The number of SC judges was increased by the Parliament and currently, there are 34 judges
including the Chief Justice of India (CJI).

Supreme Court of India – Functions

• It appeals against the decisions of High Courts, other courts and tribunals.
• It settles disputes between various government authorities, state governments and between the
centre and any state government.
• It also hears matters that the president refers to in its advisory role.
• SC Sue Moto (on its own) can also take up the case.
• The law that the SC has declared is binding on all the courts of India and the central as well as
the state governments.

Jurisdiction of Supreme Court

The jurisdiction of SC is of three types:

1. origin - of the original jurisdiction of the Supreme Court About Expand Read in the article related
to.
2. Advisory - Supreme Court's Advisory Jurisdiction Notes on Linked are given in the article.
3. Appellate

Supreme Court composition

• There are 34 judges in the Supreme Court, including the CJI.

• Judges sit on benches of 2 or 3 (called division benches) or 5 or more (called constitutional
benches) when matters of fundamental questions of law are to be decided.
Procedure of Supreme Court of India
The Supreme Court of India has the powers to consult the President to regulate the practice and
procedure of the Court.
Constitutional matters are usually decided by a bench of five judges while other matters are decided by
a bench of at least three judges.
Supreme Court seat
According to the Constitution of India, Delhi has been declared as the seat of the Supreme Court of India.
However, the Chief Justice of India has the power to allot another place(s) as the seat of the Supreme
Court. It is only an optional provision and not mandatory.

SC Judge Eligibility
According to Article 124, an Indian citizen who is below the age of 65 years is eligible to be
recommended for appointment as a judge of the Supreme Court if:

1. He has been a Judge of one or more High Courts for at least 5 years, or
2. He has been an advocate in one or more High Courts for at least 10 years, or
3. He/she That is in the opinion of the President, an eminent jurist.

Independence of the Judiciary

There are several provisions in the Constitution to ensure the independence of the judiciary. They are
discussed below:

1. Security of tenure: The judges of the Supreme Court are given security of tenure. Once appointed,
he will remain in his post till the age of 65 years. On the grounds of proven misconduct and/or
incapacity, they can be removed only by an order of the President. It requires a special majority
as per Article 368. Read about the type of majority in Parliament in the related article.
2. Pay and Allowances: The judges of the Supreme Court enjoy good salaries and perks and these
cannot be reduced except in the face of financial emergencies. high court Expenses of Charged
on the Consolidated Fund of the State, which is not subject to voting in the State Legislature.
3. Powers and Jurisdiction: The powers and jurisdiction of the SC can only be added by the
Parliament and cannot be curtailed.
4. The conduct of any judge of the Supreme Court in the discharge of his duties cannot be discussed
in the legislature.
5. According to Article 129, the Supreme Court has the power to punish any person for contempt
of him. (Read about contempt of court in India in the related article.) )
6. Separation of the Judiciary from the Executive: A Directive Principle of State Policy says that the
State shall take steps to separate the judiciary from the Executive in the public services of the
State. According to Article 50, there shall be a separate judicial service free from executive
control.

How many judges are there in the Supreme Court ?

Currently, there are 34 judges in the SC, including the CJI.

High Courts in India

There are 25 High Courts in India.
It was in 1858 when on the recommendation of the Law Commission, Parliament passed the Indian
High Courts Act 1861, which suggested the establishment of High Courts in place of the Supreme Court
in three Presidencies: Calcutta, Madras and Bombay. The Calcutta High Court charter was ordered in
May 1862 and Madras and Bombay were ordered in June 1862 . Thus the Calcutta High Court was made
the first High Court in the country.
The reason for the enactment of this Act was the requirement of a separate judiciary body for different
states. Therefore, the British Government decided to abolish the then Supreme Court and Sadar Adalat
and replaced it with a High Court.
Some rules and eligibility criteria were laid down for the appointment of a judge in any High Court and
later on after independence it was declared that every Indian State should have its own High Court as
per Article 214 of the Indian Constitution.
The laws made by the British were different from the laws stated in the Indian Penal Code and after the
independence of the country, the entire legal system of the country changed.

Which is the newest High Court in India ?

Andhra Pradesh is the latest High Court State. The High Court was established in Andhra Pradesh on 1
January 2019.
Constitution of High Court – Under British rule, each High Court consists of a Chief Justice and a
maximum of 15 other Sub-Judges. But later some changes were made in the structure of the High Court
in India:

• Each High Court shall consist of a Chief Justice appointed by the President
• Unlike earlier, there was no fixed number of judges that could be appointed to each High Court
• Additional judges can also be appointed to dispose of pending cases in the court. But his tenure
cannot exceed two years
One thing to keep in mind is that no person above the age of 62 years can be appointed as a judge of
the High Court. There is no uniformity in the number of judges in the High Courts. A small State will
have less number of judges as compared to a large State.

High Court Jurisdiction

The High Court is the highest court of appeal in a vested state with the power to interpret the
Constitution. It is the protector of the fundamental rights of the citizens. In addition, it has supervisory
and consultative roles. However, the Constitution does not contain detailed provisions regarding the
jurisdiction and powers of the High Court.
At present, the following courts are enjoyed by the High Court:

• Original Jurisdiction
• Writ Jurisdiction
• Appeals Jurisdiction
• Supervisory Jurisdiction
• Control over Subordinate Courts
• A court of record
• Power of Judicial Review
The jurisdiction of the High Court is mentioned below –

• Original Jurisdiction – In such cases, the applicant can directly approach the High Court and is
not required to appeal. It is mostly applicable for matters related to state legislatures, marriages,
enforcement of fundamental rights and transfer cases from other courts.
 • Power of Superintendence - This is a special power enjoyed only by the High Court and no
other subordinate court has this power of superintendence. Under this, the High Court has the
authority to order its subordinate offices and courts the manner in which records are
maintained, set rules for conducting proceedings in court, and settle fees to be paid to sheriff
clerks, officers and legal practitioners.

• Court of Record – This involves recording the decisions, proceedings, and acts of the High
Courts for permanent memory. These records cannot be further questioned in any court of law.
It has the power to punish for contempt of self.
• Control over subordinate courts – This is an extension of supervisory and appellate
jurisdiction. It states that the high court may withdraw a case pending before any subordinate
court if it involves an adequate question of law. The case itself can be disposed of or the question
of law can be resolved and returned to the same court.

• Appellate Jurisdiction – This is for cases where people have complained about the review of
the decision given by the district level or the subordinate court of that area. This power is further
divided into two categories:
1. Civil Jurisdiction – This includes the orders and decisions of the district court, civil district
court, and subordinate court
2. Criminal Jurisdiction – This includes decisions and orders of the Sessions Court and
Additional Sessions Court.
• Power of Judicial Review – This power of the High Court includes the power to examine the
constitutionality of the legislative and executive orders of both the central and state government.
It is to be noted that the term judicial review is nowhere mentioned in our Constitution, but
Articles 13 and 226 clearly confer this power on the High Court.
• Writ Jurisdiction of High Court - Article 226 of the Constitution empowers a High Court to issue
writs including habeas corpus, mandamus, certiorari, prohibition, and writ of power for the
enforcement of the fundamental rights of citizens and for any other purpose. Read about the
following in detail –
• Habeas Corpus
• Article of Mandamus
The phrase 'for any other purpose' refers to the enforcement of a common legal right. The High Court
can issue writs to any person, authority and government not only within its territorial jurisdiction but
also outside its territorial jurisdiction if the cause of action arises within its territorial jurisdiction (15th
Constitutional Amendment Act of 1963).
• In the Chandra Kumar case (1997), the Supreme Court ruled that the writ jurisdiction of
both the High Court and the Supreme Court is a part of the basic structure of the
Constitution. Therefore, it cannot be evicted or excluded even through an amendment to
the Constitution.
• In Shah Faesal's case, his case is justified because the cause of action took place in Delhi
and then he was taken out of Delhi.

How is a High Court Judge appointed?

The judge of the High Court is appointed by the President of India. He is solely responsible for the
appointment of any judge to the High Court. However, he can consult the Governor of the state , the
acting Chief Justice of India and the Chief Justice of the High Court of that particular state.
The Judge of one High Court is also liable to be transferred to other High Courts. This decision is entirely
dependent on the Chief Justice of India. The transfer of judges is done for the purpose of ensuring a fair
and just trial for each case contested in a court of law.
Eligibility Criteria for High Court Judge
There are certain eligibility criteria that need to be fulfilled to be appointed as a judge in any High Court
in India. The mandatory eligibility criteria for appointment of High Court judges are given below:

• Any of the given qualifications must be met:

1. The person must have been a barrister for more than five years
2. Must have served in the District Court for at least 3 years as well as been a civil servant
for more than 10 years
3. A person who has been an advocate in any High Court for more than 10 years.
• No judge should be more than 62 years of age
The law states that each state must have a separate High Court, however, there are still some states
that do not have an individual High Court. For example – both Punjab and Haryana come under the
jurisdiction of the Punjab High Court sitting in Chandigarh. In addition, there is a common High Court
for seven states - Assam, Nagaland, Manipur, Tripura, Meghalaya , Arunachal Pradesh and Mizoram.

What is Regionalism
Regionalism can be explained as an 'insider-outsider' thought process where loyalty is tied to the region
of origin. Movements that are territorial in nature are a type of 'identity movements' where demands
involve special privileges or self-governance. Prolonged deprivation or neglect (real or perceived)
unites people to assert their territorial identity in a clear way, seen as a solution to the state's
unfavorable policies towards them.
Regionalism depends on social order, geography among other factors. At times, regionalism can
promote healthy competition and become a harbinger of nationalism. However, it can also lead to
bitterness and petty politics such as many river water disputes in India.

What is the purpose of regionalism?

Regionalism and its ideology are concerned with increasing the political power and influence of the
inhabitants of a particular region. Their demands include, But sovereignty, isolationism, Separation and
freedom are not limited. Regionalist unitary nation with a strong central government-They favor a
confederation of loss states rather than states. At that time they unionism Let's accept alternative forms
of .
Those who believe in regionalism claim that strengthening governing bodies and political powers
within a region will benefit the local population as it will improve the regional economy through better
allocation of resources, regional development, and better implementation of local policies. This, of
course, comes at the cost of weakening the central government or limiting their role when it comes to
governance.

Regionalism in India
While there is an innate sense of an all-India identity, various foreign sociologists/scholars have
mentioned fixation on caste, tribe, language and community. Counter points include that regionalism
has given rise to multi-party politics in India, deepening federalism. Regionalism is not necessarily 'anti-
national' or even ' anti-people', but there are both functional and passive aspects to consider.
We can trace the colonial policies that sowed the seeds in India. Over the last 100 years, there have
been many regional movements in India with demands in the following broad categories:

• Separatist demands - extreme form - Extremist/fundamentalist groups - A new country

separated from India
 • Separatist demands – Formation of a new state that can better serve the linguistic/ethnic
minorities in the region.
• Full statehood – Over the years, several Indian union territories have got full statehood.
• Autonomy – Demand for more power versus political intervention from the central government.

Difference Between Regionalism and Regional Political Parties

Political parties which are regional do not necessarily have to be regional parties. Or simply put, don't
believe in ideology. A "regional party" is any political party with its base in any region, regardless of its
objectives and platform, while "regional" parties are a subset of regional parties that specifically
campaign for greater autonomy or independence in their region.
Since regional parties, as is often the case, cannot get enough votes or legislative seats to be politically
powerful, they may join political alliances or want to be part of a coalition government. Notable
examples include the coalition government of 1996, when mainstream parties such as the Indian
National Congress (formed on December 28, 1885) and the Bharatiya Janata Party (BJP) joined hands
with each other and other political parties, including regional parties, joined together to form a
coalition government. government.
What are the major causes of regionalism in India?

• Language.
• Religion.
• Regional culture.
• Economic backwardness.
• Rise of political parties with regional agenda
What are the effects of regionalism in India?
Regionalism often promotes vote bank politics, leading to national unity and integration as a whole.
Regionalism can weaken the tested fabric of 'unity in diversity' if it is not promoted in a positive way.
For the most part, this is in a negative way as some political parties promote regionalism to stay in
power and strengthen it by swaying voters in their favour. At least it turns the people of the same
country against each other.

What is communalism?
Ideology that arises from religious pluralism, and is considered a social threat. Communalism can also
be defined as a tool that arises in the presence of diverse religions to gain political advantage in a state.
As a point of debate, the issues associated with communalism are:

• It is a threat to national integrity

• It is a catalyst for political and social tension in the state
• It leads to division between groups of people, communities or groups of states in the country
• It is associated with the rivalry of one religion, beliefs, values, etc. against another.
• Active hostility or opposition to the religions and beliefs of others often gives rise to issues in
society

Types of Communalism
Though the concept of 'communalism' is a theme; To simplify it sometimes it is defined in three ways:

1. Political communalism
2. Social Communalism
 3. Economic communalism

A brief description of these three types of communalism is given below:

Types of Description of communalism

Communalism

Political To survive in the field of politics, leaders indirectly promote the idea of division
communalism between communities. It gives rise to political communalism where different
groups of people are divided across political lines and ideologies

Social When the beliefs of the society divide them into different groups and lead to
Communalism rivalry among each other, it further leads to social communalism.

Economic The difference in the economic interests of groups of people or communities,

communalism which leads to further conflict in the society, can be called economic
communalism.

Dimensions of Communalism
Indian sociologist T.K. Oommen has mentioned six dimensions of communalism, which are listed below:

1. Assimilator
2. beneficial
3. Retreatist
4. Smashing
5. sectarian
6. Self-pity

The characteristics of these dimensions of communalism are given in the table below:

Dimension of Features of the Dimension of Communalism

Communalism

Assimilator T.K. Oommen describes it as a dimension where a small religious group or

group gets integrated or assimilated into larger religious groups.

beneficial When a community works for the welfare or betterment of a particular

community, it gives rise to welfare communalism

Retreatist When a community restricts its members to participate in politics or stay

away from politics, it leads to regressive communalism

Smashing When in rivalry, one community harms or injures people of another

community, it is called vindictive communalism.

sectarian When the demand for a separate identity arises or a group of people
demands to separate from a larger group, it is called separatist
communalism.
 Self-pity In order to have a separate political identity, a group of people may seek
secession from a state or nation, which often leads to separatist
communalism.

What is the origin of the rise of communalism in India?

One factor in the rise of communalism in India was in the 19th century, when several religious
organizations were formed by Hindu and Muslim communities with different goals. These were
organisations which had started playing communal politics in their favour.

How does communalism affect society in India?

Communalism has divided the society for a long time. It causes belief in orthodox principles and
principles, intolerance, hatred towards other religions and religious group, distortion of historical facts
and communal violence.

Casteism in India
Indian society is divided into different sects and classes. It is because of the caste system that is
prevalent in the country. The roots of the caste system go back to the ancient Vedas which divided
people on the basis of varna or occupation. It has brought many evils in the society. The government is
constantly making efforts to remove the disadvantages of the system and bring true equality among the
people.
Caste System in India
Caste system is a curse for Indian society. It divides Indian society into communal groups and classes.
Even today, it plays a major role in our society despite the development of culture and civilization.

• The terms 'Scheduled Castes and Scheduled Tribes' (SC/STs) are the official terms used in
government documents to identify former untouchables and tribes. However, in 2008 the
National Commission for Scheduled Castes, noting that the word 'Dalit' was used alternately
with the official word 'Scheduled Caste', asked state governments to stop using the word 'Dalit '
in official documents . To replace the word 'unconstitutional' and its place with the word
'Scheduled Caste'.
• The roots of the caste system are traced back to ancient times. While one approach discriminates
between castes as high and low castes based on their origin, the other looks into the origin of
the visible castes in varnas which classifies the caste system based on their functions. Since then,
it was found that undue advantage was taken by the dominant section of people in the
community, leading to discrimination and exploitation of the weaker sections of the community.
• Scheduled Castes and Scheduled Tribes people, called 'untouchables', constitute one-sixth of
India's population or 160 million; They tolerate discrimination and segregation.

The Evil Face of This System

untouchability
Many villages are segregated on caste lines and may not cross the line dividing them from upper castes.
They may not use the drinks in wells or tea stalls in the same way as the upper castes.
division
They often do not have electricity, sanitation facilities or water pump facilities in lower-caste
neighborhoods. Higher castes are denied access to better education, housing and medical facilities than
those of the upper castes.
Division of Labour
They are confined to certain occupations such as sanitation work, tree plantation work, leather work,
cleaning of streets, etc.
slavery
They are subjected to exploitation for working as labourers or doing jobs smaller than generations in
the name of debt, tradition, etc.
Government Initiatives
The Government of India has enacted laws to remove untouchability and has also carried out several
reforms to improve the quality of life of the weaker sections of the society. Some of them are:

• Constitutionally guaranteed fundamental human rights

• Abolition of 'Untouchability' in 1950
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
• Provision of reservation in places for educational institutions, employment opportunities etc.
• To establish Social Welfare Departments and National Commissions for the welfare of Scheduled
Castes and Scheduled Tribes

These measures adopted by the Government have brought some relief to the vulnerable sections of the
society. Urban areas have shown good impact and some improvement. However, people in rural areas
and villages still face extreme discrimination. We really have a long way to go to achieve the objectives
set to eradicate and eliminate discrimination based on caste and creed. It depends on our efforts now
and a permanent change bringing equality for all is sure to result in a change in our mindset.
Right to Equality
Fundamental conflicts are guaranteed to protect the basic human rights of all citizens of India and
enforced by courts subject to certain limitations. One of such fundamental rights is the right to equality.
Right to equality refers to equality in the eyes of law, rejects any injustice based on caste, race, religion,
place of birth. It also includes equality of prospects in matters of employment, abolition of
untouchability and abolition of titles. The right to equality has been highlighted in detail in Articles 14,
15, 16, 17 and 18 of the Constitution of India. This fundamental right is the mainstay of all other rights
and privileges given to Indian citizens. It is one of the main guarantees of the Constitution of India. Thus,
it is imperative that every citizen of India has easy access to the courts to exercise his right to equality.
The various articles under the Right to Equality are explained as follows:
Equality before law
Equality before law is well defined under Article 14 of the Constitution which ensures that every citizen
shall be similarly protected by the laws of the country. This means that the state will not differentiate
any Indian citizen on the basis of their gender, caste, creed, religion or even place of birth. The State
cannot deny to any person within the territory of India equality before law and equal protection of law.
In other words, it means that no individual or group of people can demand any special privilege. This
right applies not only to the citizens of India but also to all the people within the territory of India.
Social equity and equal access in public areas
The right to social equality and equal access in public spheres is clearly mentioned under Article 15 of
the Constitution of India, which states that no person shall be shown discrimination on the basis of
colour, caste, creed, language, etc. Everyone will have equal entry. In public places such as public wells,
bathing ghats, museums, temples, etc. However, the state is empowered to make any special
arrangement for women and children or for the development of any socially or educationally backward
class or scheduled caste or scheduled tribe. This Article applies only to citizens of India.
Equality in matters of public employment
Article 16 of the Constitution of India clearly mentions that the State shall treat everyone equally in
matters of employment. No citizen shall be discriminated against on the grounds of race, caste, religion,
creed, descent or place of birth in respect of any employment or office under the State . Every citizen
of India can apply for government jobs. However, there are some exceptions to this right. Parliament
may pass a law mentioning that specific jobs can only be filled by candidates who reside in a particular
area. This requirement is mainly for positions for which knowledge of the locality and language of the
area is required.
Further, the State may also set aside certain posts for members of the Backward Classes, Scheduled
Castes or Scheduled Tribes who do not have proper representation in the services under the State for
the upliftment of the weaker sections of the society. Also, a law may be passed which may require that
the holder of the office of a religious institution shall also be a person professing that particular religion.
However, this right will not be given to foreign nationals of India as directed by the Citizenship
(Amendment) Bill, 2003.
Abolition of Untouchability
Article 17 of the Constitution of India abolishes the practice of untouchability in India. The practice of
untouchability has been declared a crime and the person doing so is punishable by law. The
Untouchability Offences Act of 1955 (and now the Civil Rights Protection Act of 1976) provides for
penalties for not allowing a person to enter a place of worship or to take water from a well or tank.
Abolition of titles
Article 18 of the Constitution of India prohibits the State from conferring any title. Citizens of India are
not allowed to accept titles from a foreign state. Titles like Rai Bahadur and Khan Bahadur given by the
British Government have also been abolished. Nevertheless, citizens of India can be granted educational
and military distinction. The awards of 'Bharat Ratna' and 'Padma Vibhushan' cannot be used as title
by the beneficiary and are not prohibited by the Constitution of India. Since 15 December 1995 , the
Supreme Court has upheld the validity of such awards.
In conclusion, the 'right to equality' should not remain only on paper. This right should be exercised
properly; Otherwise it will lose its essence if all the citizens of India, especially the weaker and
backward sections, do not have equal rights and equality before the law.