Chapter 1 - Nature of Indian Constitution

Constitutional Development

PRE-INDEPENDENCE ERA (1773-1947)

1. Regulating Act of 1773

 First systematic attempt to regulate colonial affairs

 Key Provisions:
o Established Supreme Court at Fort William, Calcutta
o Governor of Bengal became Governor-General of Bengal
o Created Executive Council of 4 members
o Prohibited private trading by Company officials
o Regulated Company servants' activities

2. Pitt's India Act 1784

 Established dual control system

 Key Features:
o Created Board of Control (6 members)
o Reduced Court of Directors' power
o Distinguished between commercial and political functions
o Strengthened Governor-General's control over Bombay and Madras

3. Charter Act of 1813

 Ended East India Company's monopoly

 Significant Changes:
o Allowed Christian missionaries to enter India
o Allocated funds for education
o Extended Company's rule for 20 years
o Reserved sovereign rights with British Crown

4. Charter Act of 1833

 First step towards centralization

 Major Provisions:
o Governor-General of Bengal became Governor-General of India
o Ended Company's commercial operations
o Introduced open competition for civil services
o First Indian Law Commission established
o Macaulay became first Law Member

5. Charter Act of 1853

 Last of Charter Acts
 Important Features:
o Separated legislative and executive functions
o Introduced local representation
o Civil Services exam in London
o Extended Company's rule indefinitely

6. Government of India Act 1858

 Fundamental change in governance

 Key Changes:
o Direct British Crown rule established
o Secretary of State for India created
o Indian Civil Service established
o Board of Control abolished
o Viceroy became Crown's representative

7. Indian Councils Act 1861

 Enhanced native participation

 Major Features:
o Viceroy could issue ordinances
o Legislative councils established
o Portfolio system introduced
o Indians nominated to councils

8. Indian Councils Act 1892

 Extended council functions

 Key Provisions:
o Indirect elections introduced
o Budget discussion rights
o Question asking rights
o Increased council size

9. Indian Councils Act 1909 (Morley-Minto Reforms)

 Introduced communal representation

 Important Features:
o Separate Muslim electorate
o Increased Indian membership
o Extended deliberative functions
o Association of Indians with executive

10. Government of India Act 1919

 Montagu-Chelmsford Reforms
 Significant Changes:
o Dyarchy in provinces
o Bicameral legislature
o Separated central-provincial subjects
o Direct elections
o Extended franchise

11. SIMON COMMISSION (1927)

1. Background:

 Appointed in 1927 under Sir John Simon to review Government of India Act 1919
 All-white commission with no Indian members
 Came 2 years before scheduled time

2. Indian Response:

 Widespread protests and boycott across India

 "Simon Go Back" demonstrations
 Congress, Muslim League under Jinnah opposed it
 Death of Lala Lajpat Rai due to police lathi charge during protests
 Some groups like Justice Party supported it

12. NEHRU REPORT (1928)

1. Context:

 Response to Lord Birkenhead's challenge to Indians to produce an agreed constitution

 Drafted by Motilal Nehru

2. Key Provisions:

 Advocated dominion status

 Called for joint electorates
 Emphasized secular democracy
 Rejected separate electorates

3. Outcome:

 Opposed by Jinnah on secularism issue

 Young leaders like J. Nehru and Bose demanded complete independence

13. Government of India Act 1935

 Most comprehensive pre-independence act

 Key Features:
o Provincial autonomy
o Federal structure proposed
o Dyarchy at center
o Established Federal Court
o Created Reserve Bank
o Separate Burma from India

14. AUGUST OFFER (1940)

1. Key Points:

 Made by Viceroy Lord Linlithgow

 Offered dominion status after war
 Promised expansion of Viceroy's Executive Council
 Recognized Indian right to frame constitution

15. CRIPPS MISSION (1942)

1. Purpose:

 To gain Indian support during WWII

 To propose post-war constitutional reforms

2. Main Proposals:

 Dominion status after war

 Indian constitution-making body
 Option for provinces to opt out
 Immediate changes in Viceroy's Executive Council

16. CABINET MISSION (1946)

1. Objectives:

 Last major attempt to keep united India

 Framework for transfer of power

2. Key Recommendations:

 Three-tier federal structure

 Grouping of provinces
 Constituent Assembly formation
 Interim government

17. MOUNTBATTEN PLAN (June 1947)

 1. Main Features:

 Partition of India
 Independence for both dominions
 Division of provinces
 Transfer of power by August 15, 1947

18. INDIAN INDEPENDENCE ACT 1947

1. Key Provisions:

 Created two independent dominions

 Established separate governors-general
 Ended British paramountcy over princely states
 Set date for transfer of power

POST-INDEPENDENCE DEVELOPMENT

1. Constituent Assembly (1946-1949)

 Formation and Composition:

o 389 members initially
o Dr. Rajendra Prasad as President
o 22 committees formed
o Objective Resolution by Nehru

MAJOR COMMITTEES

Committee Name Chairman Key Members

- K.M. Munshi<br>- Alladi Krishnaswami
Dr. B.R. Ayyar<br>- N. Gopalaswami Ayyangar<br>- Syed
Drafting Committee
Ambedkar Mohammad Saadullah<br>- N. Madhava Rau<br>-
T.T. Krishnamachari
Jawaharlal
Union Powers Committee Members from provinces and princely states
Nehru
Union Constitution Jawaharlal
Representatives from different regions
Committee Nehru
Jawaharlal
States Committee State representatives
Nehru
Sardar
Provincial Constitution
Vallabhbhai Provincial leaders
Committee
Patel
Advisory Committee on Sardar - J.B. Kripalani<br>- H.C. Mukherjee<br>- A.V.
 Committee Name Chairman Key Members
Fundamental Rights, Vallabhbhai
Thakkar
Minorities, Tribal Areas Patel
Rules of Procedure Dr. Rajendra
Procedural experts
Committee Prasad
Dr. Rajendra
Steering Committee Key assembly members
Prasad

MINOR COMMITTEES

Committee Name Chairman Purpose

Finance and Staff Dr. Rajendra Administrative
Committee Prasad matters
Alladi
Credentials Verification of
Krishnaswami
Committee members
Ayyar
B. Pattabhi House
House Committee
Sitaramayya management
Order of Business Dr. K.M. Scheduling and
Committee Munshi agenda
Ad hoc Committee Dr. Rajendra Flag design and
on National Flag Prasad adoption
Committee on
Functions of G.V. Assembly
Constituent Mavalankar operations
Assembly
Ad hoc Committee Judiciary
S. Varadachari
on Supreme Court framework
Committee on
Chief B. Pattabhi Provincial
Commissioners' Sitaramayya administration
Provinces
Expert Committee
Nalini Ranjan Financial
on Financial
Sarkar matters
Provisions
Linguistic
Language
Provinces S.K. Dhar
issues
Commission
Special Committee
Jawaharlal
to Examine Draft Draft review
Nehru
Constitution
Press Gallery
Usha Nath Sen Media relations
Committee
Ad hoc Committee S. Varadachari Citizenship
 Committee Name Chairman Purpose
on Citizenship rules

SUB-COMMITTEES OF ADVISORY COMMITTEE

Sub-Committee
Chairman Focus Area
Name
Fundamental Rights J.B.
Basic rights
Sub-Committee Kripalani
Minorities Sub- H.C.
Minority rights
Committee Mukherjee
North-East Frontier
Tribal Areas and
Assam Excluded & Gopinath
Tribal areas
Partially Excluded Bardoloi
Areas Sub-
Committee
Excluded and
Partially Excluded
A.V.
Areas (Other than Special areas
Thakkar
Assam) Sub-
Committee

2. Drafting Process

 Key Stages:
o Drafting Committee formed (Aug 29, 1947)
o Dr. Ambedkar as Chairman
o First Draft (Feb 1948)
o Public comments sought
o 2000+ amendments considered
o 7,635 out of 7,697 amendments discussed

3. Constitution Adoption

 Timeline:
o Adopted on Nov 26, 1949
o Enacted on Jan 26, 1950
o Original hand-written copies in Hindi and English
o 284 members signed

4. Structure of Final Constitution

  Original Framework:
o Preamble
o 22 Parts
o 395 Articles
o 8 Schedules
o Currently: 25 Parts, 448 Articles, 12 Schedules

Interim Government (September 1946 - August 1947)

Minister Portfolio
Jawaharlal Nehru External Affairs & Commonwealth Relations
Sardar Vallabhbhai Patel Home, Information & Broadcasting
Dr. Rajendra Prasad Food & Agriculture
Dr. John Mathai Industries & Supplies
Jagjivan Ram Labour
Sardar Baldev Singh Defence
C.H. Bhabha Works, Mines & Power
Liaquat Ali Khan Finance
Abdur Rab Nishtar Posts & Air
Asaf Ali Railways & Transport
C. Rajagopalachari Education & Arts
I.I. Chundrigar Commerce
Ghazanfar Ali Khan Health
Jogendra Nath Mandal Law

First Cabinet of Independent India (15 August 1947)

Minister Portfolio
Jawaharlal Nehru Prime Minister, External Affairs & Commonwealth
Sardar Vallabhbhai Patel Home, Information & Broadcasting, States
Dr. Rajendra Prasad Food & Agriculture
Maulana Abul Kalam Azad Education
Dr. John Mathai Railways & Transport
R.K. Shanmukham Chetty Finance
 Dr. B.R. Ambedkar Law
Jagjivan Ram Labour
Sardar Baldev Singh Defence
Dr. Syama Prasad Mookerjee Industry & Supply
N.V. Gadgil Works, Mines & Power
Dr. S.P. Mookerjee Industry & Supply
K.C. Neogy Commerce
Rafi Ahmed Kidwai Communications

5. Fundamental Features

 Basic Structure:
o Parliamentary Democracy
o Federal System with Unitary Bias
o Fundamental Rights
o Directive Principles
o Fundamental Duties (added later)
o Independent Judiciary
o Single Citizenship
o Emergency Provisions

6. Sources of Constitution

1. BRITISH CONSTITUTION

 Parliamentary System of Government

o Cabinet System
o Parliamentary Privileges
o Bicameral Legislature
o Rule of Law
o Legislative Procedure
o Single Citizenship
o Office of CAG
o Role of Speaker
o Writs

2. UNITED STATES CONSTITUTION

 Fundamental Rights
o Independence of Judiciary
o Judicial Review
o Impeachment of President
o Functions of President and Vice President
 o Removal of Supreme Court and High Court judges
o Preamble
o First Amendment

3. IRISH CONSTITUTION

 Directive Principles of State Policy

o Method of Presidential Election
o Nomination of members to Rajya Sabha
o Advisory jurisdiction of Supreme Court

4. CANADIAN CONSTITUTION

 Federal System with Strong Centre

o Distribution of Powers between Centre and States
o Residuary Powers with Centre
o Appointment of State Governors by Centre
o Advisory jurisdiction of Supreme Court

5. AUSTRALIAN CONSTITUTION

 Freedom of Trade and Commerce

o Concurrent List
o Joint Sitting of Houses
o Language of the Preamble

6. WEIMAR CONSTITUTION OF GERMANY

 Emergency Provisions
o Suspension of Fundamental Rights during Emergency
o State Emergency (Article 356)
o Financial Emergency (Article 360)

7. SOVIET CONSTITUTION (USSR)

 Fundamental Duties
o Five-Year Plans
o Social, Economic and Political Justice
o Ideal of Socialist State

8. FRENCH CONSTITUTION

 Republic and Ideals of Liberty

o Equality and Fraternity
o Presidential Powers
9. SOUTH AFRICAN CONSTITUTION

 Procedure for Constitutional Amendment

o Election of members of Rajya Sabha

10. JAPANESE CONSTITUTION

 Law on which Supreme Court functions

UNIQUE INDIAN FEATURES

1. Fundamental Duties
2. Planning Commission (now NITI Aayog)
3. Panchayati Raj
4. Linguistic States
5. Special Status to J&K (Article 370, now abrogated)
6. Reservation for SC/ST/OBC
7. Anti-defection Law

7. Major Constitutional Amendments

1. Property Rights & Land Reforms

 1st Amendment (1951):

o Added 9th Schedule to protect land reform laws
o Modified Article 19(2) for reasonable restrictions
o Amended Article 31 for compensation
 4th Amendment (1955):
o Enhanced state power for land acquisition
o Modified compensation provisions
 44th Amendment (1978):
o Removed right to property as fundamental right
o Made it legal right under Article 300A

2. Education Sector

 42nd Amendment (1976):

o Moved education to Concurrent List
 86th Amendment (2002):
o Article 21A: Right to Education
o Free and compulsory education (6-14 years)
 93rd Amendment (2005):
o Enabled reservations in private educational institutions

3. Economic Reforms
 101st Amendment (2016):
o Implemented GST regime
o Created GST Council
o Modified state-center taxation powers
 97th Amendment (2011):
o Protected cooperative societies
o Added Article 43B for cooperative promotion

4. Local Governance

 73rd Amendment (1992):

o Panchayati Raj Institutions
o Three-tier system
o Regular elections
o State Finance Commission
 74th Amendment (1992):
o Urban Local Bodies
o Municipality constitution
o Ward committees
o Metropolitan planning

5. Judicial Reforms

 99th Amendment (2014):

o National Judicial Appointments Commission
o Later struck down by Supreme Court
 77th Amendment (1995):
o Reservation in promotions for SC/ST
 87th Amendment (2003):
o Reformed judicial service conditions

6. Electoral Reforms

 61st Amendment (1988):

o Reduced voting age to 18 years
 70th Amendment (1992):
o Electoral college for President
 91st Amendment (2003):
o Limited size of Council of Ministers
o Anti-defection provisions

7. Social Justice

 89th Amendment (2003):

o Separate Commission for SC/ST
 103rd Amendment (2019):
 o 10% EWS reservation
 104th Amendment (2019):
o Extended SC/ST reservation

8. Administrative Reforms

 87th Amendment (2003):

o Census operations
 88th Amendment (2003):
o Service tax provisions
 97th Amendment (2011):
o Cooperative societies

9. Environmental Protection

 42nd Amendment (1976):

o Environmental protection in DPSP
o Added to Concurrent List
 Related judicial interpretations:
o Article 21 includes right to clean environment
o Polluter pays principle
o Precautionary principle

10. Banking and Finance

 80th Amendment (2000):

o Alternative tax sharing scheme
 88th Amendment (2003):
o Service tax provisions
 101st Amendment (2016):
o GST implementation

11. Labor and Employment

 42nd Amendment (1976):

o Added labor welfare to Concurrent List
 Related provisions:
o Article 43: Living wage
o Article 43A: Worker participation

12. Defense and Security

 42nd Amendment (1976):

o Enhanced emergency powers
 44th Amendment (1978):
o Modified emergency provisions
  59th Amendment (1988):
o Special provisions for Punjab

13. Language and Culture

 71st Amendment (1992):

o Added languages to 8th Schedule
 92nd Amendment (2003):
o Added more languages
 Cultural protection:
o Article 29: Minority rights
o Article 30: Educational institutions

14. Women's Rights

 73rd & 74th Amendments (1992):

o 33% reservation in local bodies
 108th Amendment Bill (pending):
o Women's reservation in Parliament
 Related provisions:
o Article 15(3): Special provisions
o Article 39: Equal pay

Salient features of Indian Constitution

1. WORLD'S LONGEST WRITTEN CONSTITUTION

 Originally 395 Articles, 22 Parts, 8 Schedules

 Currently 448 Articles, 25 Parts, 12 Schedules
 Detailed provisions to minimize ambiguity
 Incorporates administrative details

2. PREAMBLE

 Key Elements:
o Sovereign
o Socialist (42nd Amendment)
o Secular (42nd Amendment)
o Democratic
o Republic
 Objectives:
o Justice (Social, Economic, Political)
o Liberty (Thought, Expression, Belief, Faith, Worship)
o Equality (Status and Opportunity)
o Fraternity (Dignity, Unity, Integrity)
3. FEDERAL SYSTEM WITH UNITARY BIAS

 Federal Features:
o Dual Government
o Division of Powers
o Written Constitution
o Independent Judiciary
o Bicameralism
 Unitary Features:
o Strong Centre
o Single Constitution
o Single Citizenship
o Integrated Judiciary
o Emergency Provisions
o Centre's Control over States

4. FUNDAMENTAL RIGHTS (Part III)

 Article 14-18: Right to Equality

 Article 19-22: Right to Freedom
 Article 23-24: Right against Exploitation
 Article 25-28: Right to Freedom of Religion
 Article 29-30: Cultural & Educational Rights
 Article 32: Right to Constitutional Remedies

5. DIRECTIVE PRINCIPLES OF STATE POLICY (Part IV)

 Socialistic Principles
 Gandhian Principles
 Liberal-Intellectual Principles
 Economic Principles
 Not enforceable in courts
 Fundamental in governance

6. FUNDAMENTAL DUTIES (Part IVA)

 Added by 42nd Amendment

 Article 51A
 11 Fundamental Duties
 Moral obligations on citizens

7. PARLIAMENTARY SYSTEM

 Based on British model

 Features:
o Nominal & Real Executive
 o Majority Party Rule
o Collective Responsibility
o Double Membership
o Leadership of Prime Minister
o Dissolution of Lower House

8. INDEPENDENT JUDICIARY

 Supreme Court
 High Courts
 Subordinate Courts
 Features:
o Appointment procedure
o Security of tenure
o Fixed service conditions
o Contempt powers

9. SINGLE CITIZENSHIP

 Unlike USA's dual citizenship

 Uniform citizenship for entire country
 Equal rights across states
 No state-based discrimination

10. UNIVERSAL ADULT SUFFRAGE

 Every citizen above 18 years

 No discrimination
 One person, one vote
 Equal value for each vote

11. EMERGENCY PROVISIONS

Three types:

1. National Emergency (Article 352)

2. State Emergency (Article 356)
3. Financial Emergency (Article 360)

12. SPECIAL PROVISIONS

 For minorities
 For SC/ST/OBC
 For women and children
 For linguistic minorities
 For backward classes
13. AMENDMENT PROCEDURE (Article 368)
Three categories:

1. Simple Majority
2. Special Majority
3. Special Majority + State Ratification

14. ADMINISTRATIVE FEATURES

 All India Services

 Public Service Commissions
 Election Commission
 CAG
 Finance Commission

15. UNIQUE BLEND OF RIGIDITY AND FLEXIBILITY

 Rigid in fundamental aspects

 Flexible for changing needs
 Three-tier amendment process
 Basic structure doctrine

16. SECULAR STATE

 No state religion
 Freedom of religion
 Equal treatment
 No religious discrimination

17. INTEGRATED JUDICIAL SYSTEM

 Supreme Court at apex

 High Courts in states
 Subordinate courts
 Uniform laws

18. THREE-TIER GOVERNMENT

 Central Government
 State Government
 Local Government (73rd & 74th Amendments)
o Panchayati Raj
o Urban Local Bodies

19. BALANCE OF RIGHTS AND DUTIES

  Fundamental Rights
 Fundamental Duties
 Reasonable Restrictions
 Constitutional Remedies

20. SPECIAL PROVISIONS FOR SOCIAL JUSTICE

 Reservations
 Protection of minorities
 Women empowerment
 Child protection
 Backward class welfare

Preamble
KEY COMPONENTS AND ANALYSIS

1. Source of Authority

 "We, the People of India"

o Ultimate sovereignty lies with people
o Constitution derives power from people
o Popular sovereignty emphasized
o Self-governing nature

2. Nature of State
a) SOVEREIGN

 Complete political independence

 Internal sovereignty
 External sovereignty
 No external control

b) SOCIALIST (Added by 42nd Amendment, 1976)

 Social and economic equality

 End of exploitation
 State ownership of resources
 Mixed economy model

c) SECULAR (Added by 42nd Amendment, 1976)

 No state religion
 Equal treatment of all religions
 Freedom of religion
  State's neutrality in religious matters

d) DEMOCRATIC

 Popular sovereignty
 Universal adult suffrage
 Regular elections
 Rule of law
 Fundamental rights

e) REPUBLIC

 Elected head of state

 No hereditary rule
 Political equality
 Popular sovereignty

3. Objectives

a) JUSTICE

 Social Justice:
o Elimination of inequalities
o Protection of weaker sections
o Social welfare
 Economic Justice:
o Economic equality
o Equal pay for equal work
o Right to work
o End of exploitation
 Political Justice:
o Equal political rights
o Universal adult suffrage
o Equal opportunities in public service

b) LIBERTY

 Thought
 Expression
 Belief
 Faith
 Worship
Protected through:
o Fundamental Rights
o Democratic institutions
o Rule of law
c) EQUALITY

 Status:
o Social equality
o Equal rights
o No discrimination
 Opportunity:
o Equal chances
o Merit-based system
o Affirmative action

d) FRATERNITY

 Dignity of individual
 Unity of nation
 Integrity of nation
Promoted through:
o Common citizenship
o Fundamental duties
o National integration

LEGAL STATUS OF PREAMBLE

1. Supreme Court Judgments

 Berubari Union Case (1960):

o Not part of Constitution
o Key to understanding Constitution
 Kesavananda Bharati Case (1973):
o Part of Constitution
o Basic structure doctrine
o Cannot be amended to destroy basic features

2. Significance

 Interpretative value
 Guide to constitutional interpretation
 Source of authority
 Basic structure component

AMENDMENTS TO PREAMBLE

1. 42nd Amendment (1976)

 Added 'Socialist'
 Added 'Secular'
  Added 'Integrity' to unity of nation

CHARACTERISTICS

1. Source Document

 Key to understanding Constitution

 Reflects constituent assembly's vision
 Contains basic philosophy

2. Living Document

 Adapts to changing needs

 Reflects national aspirations
 Guide for future development

3. Political Document

 Reflects political philosophy

 Sets national goals
 Guides state policy

IMPORTANCE

1. Constitutional

 Basic structure
 Interpretative guide
 Framework for governance

2. Political

 Democratic values
 National goals
 Political philosophy

3. Social

 Social objectives
 Welfare state
 Equality and justice

4. Legal

 Aid to interpretation
 Basic structure doctrine
  Constitutional validity test

The Preamble thus serves as:

 Philosophy of Constitution
 Identity document of nation
 Guide to interpretation
 Source of authority
 Statement of objectives
 Mirror of basic structure

It continues to guide India's:

 Constitutional development
 Political evolution
 Social transformation
 Economic progress
 National integration

Union & Its Territory:

Key Principles of State Formation

1. Linguistic Basis

 Article 3 empowers Parliament to form new states

 States Reorganization Act, 1956 (Major reorganization)
 Language as primary criterion

2. Other Factors Considered

 Economic viability
 Geographic contiguity
 Administrative convenience
 Cultural homogeneity
 Security considerations

3. Constitutional Provisions

ARTICLE 2: ADMISSION OR ESTABLISHMENT OF NEW STATES

Constitutional Text:
"Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it
thinks fit."

Key Powers:
1. Admission of States
- Can admit existing states/territories
- Can establish completely new states
- Can specify terms and conditions

2. Historical Applications:
- Sikkim's admission (1975)
- Goa's integration (1962)
- Puducherry's incorporation (1962)

ARTICLE 3: FORMATION OF NEW STATES AND ALTERATION OF AREAS, BOUNDARIES OR NAMES OF

EXISTING STATES

Parliament's Powers:
(a) Form a new state by:
- Separation of territory from any state
- Uniting two or more states
- Uniting parts of states
- Uniting any territory to a part of any state

(b) Increase area of any state

(c) Diminish area of any state
(d) Alter boundaries of any state
(e) Alter name of any state

Procedural Requirements:
1. President's Recommendation Required:
- Bill can be introduced only on President's recommendation
- President must refer bill to affected state legislature

2. State Legislature's Role:

- Must express views within specified period
- President/Parliament not bound by state's views
- Can be passed by simple majority in Parliament

ARTICLE 4: LAWS MADE UNDER ARTICLES 2 AND 3

Key Provisions:
1. Supplemental, Incidental and Consequential Provisions:
- Laws can include provisions for:
* Administrative arrangements
* Financial adjustments
* Asset distribution
 * Service personnel allocation

2. Constitutional Status:
- Not deemed as constitutional amendments
- Can be passed by simple majority
- No need for special majority under Article 368

3. Scope:
- Can amend First Schedule (States list)
- Can amend Fourth Schedule (Rajya Sabha seats)

Important Supreme Court Judgments

1. Berubari Union Case (1960):

- Cession of territory needs constitutional amendment
- Article 3 doesn't cover cession to foreign states

2. Mullaperiyar Case (2014):

- Parliament's power under Art. 3 is plenary
- State legislature's view not binding

3. State of West Bengal v. Union of India (1963):

- Parliament's power includes reduction of state area
- No state consent needed for reorganization

State Reorganization after 1956

Year States/UTs Created or Modified Parent State/Reason

1960 Gujarat and Maharashtra Bifurcation of Bombay State
1962 Goa, Daman and Diu Liberation from Portuguese rule
1963 Nagaland Created from Assam
1966 Punjab, Haryana, Himachal Pradesh Reorganization of Greater Punjab
1971 Himachal Pradesh Full statehood (earlier UT)
1972 Manipur, Tripura, Meghalaya Full statehood (earlier UTs)
1975 Sikkim Integration into India as state
1987 Mizoram, Arunachal Pradesh, Goa Full statehood (earlier UTs)
2000 Chhattisgarh, Uttarakhand, Jharkhand From MP, UP, and Bihar respectively
2014 Telangana Bifurcation of Andhra Pradesh
2019 Jammu & Kashmir and Ladakh as UTs Reorganization of J&K state

Commissions for State Reorganization

 Commission Year Chairperson Recommendations
1. Rejected language as sole basis for reorganization
2. Emphasized administrative convenience, financial self-reliance
Dhar 3. Recommended reorganization based on geographical contiguity
Commission 1948 S.K. Dhar Economic viability
1. Initially opposed linguistic states due to national unity concerns
Jawaharlal 2. Recommended formation of Andhra State from Madras Presidency
JVP Committee 1948-49 Nehru 3. Suggested preservation of larger bilingual provinces
1. Recommended reorganization of states on linguistic basis with
other factors
Fazl Ali Sayyid Fazl 2. Proposed 16 states and 3 centrally administered territories
Commission 1953-55 Ali 3. Led to States Reorganization Act 1956, creating 14 states and 6 UTs
1. Recommended division of Punjab into Punjab and Haryana
Shah Justice J.C. 2. Proposed Chandigarh as joint capital and UT
Commission 1966 Shah 3. Suggested distribution of Hindi and Punjabi speaking areas
1. Examined Centre-State relations and suggested constitutional
amendments
States 2. Recommended autonomous status for states in various matters
Reorganization Justice
Commission 1973 Rajamannar 3. Suggested establishment of Inter-State Council under Article 263

Citizenship:

Constitutional Provisions (Articles 5-11)

Article 5: Citizenship at commencement of Constitution

- For persons domiciled in India

- Born in India
- Either parent born in India
- Ordinarily resident for 5 years

Article 6: Rights of citizenship of migrants from Pakistan

- Migrated before July 19, 1948

- Registered through proper channels

Article 7: Rights of citizenship of migrants to Pakistan

- Returned to India under permits

Article 8: Rights of citizenship of persons of Indian origin residing outside India

Article 9: Persons voluntarily acquiring citizenship of foreign states not to be citizens

Article 10: Continuance of rights of citizenship

Article 11: Parliament to regulate right to citizenship by law

Citizenship Act 1955 vs Citizenship Amendment Act 2019

Aspect Citizenship Act 1955 CAA 2019 Amendments

Religious Criteria No religious criteria Special provisions for 6 religions
(Hindu, Sikh, Buddhist, Jain, Parsi, Christian)
Countries Covered All countries Afghanistan, Bangladesh, Pakistan
Naturalization Period 11 years for all Reduced to 5 years for specified communities
Illegal Migrants Not eligible for citizenship Eligible if from specified religions
Cut-off Date No specific date December 31, 2014

Acquisition of Citizenship (5 Methods)

1. By Birth (Section 3)
- Born in India:
* Before 01.07.1987: Unconditional
* 01.07.1987 to 02.12.2004: One parent Indian
* After 02.12.2004: Both parents Indian or one parent Indian & other not illegal migrant

2. By Descent (Section 4)
- Born outside India:
* Before 03.12.2004: Father was Indian citizen
* After 03.12.2004: Either parent is Indian

3. By Registration (Section 5)
- Persons of Indian Origin
- Persons married to Indian citizens
- Minor children of Indian citizens
- Resident for 7 years

4. By Naturalization (Section 6)
- Resident for 11 years
- Good character
- Renounces original citizenship

5. By Incorporation of Territory
 - When new territory becomes part of India

Loss of Citizenship (Section 9)

1. By Renunciation
- Voluntary act
- Declaration of renunciation
- Registered by government

2. By Termination
- Automatic loss
- Acquiring citizenship of another country

3. By Deprivation
- Government can deprive citizenship if:
* Obtained by fraud
* Disloyalty to Constitution
* Trade/Communication with enemy during war
* 7 years residence in foreign country

National Register of Citizens (NRC)

Key Features:
1. Legal Basis
- Citizenship Act 1955
- Citizenship Rules 2003

2. Purpose
- Identify genuine Indian citizens
- Detect illegal immigrants

3. Current Status
- Implemented in Assam
- Cut-off date: March 24, 1971
- Final list published: August 31, 2019

4. Documents Required
- Legacy Data
- Link Documents
- Supporting Documents

Pravasi Bharatiya Divas

1. Background
- Commemorates Gandhi's return from South Africa
- Celebrated on January 9
2. Purpose
- Engage Indian diaspora
- Strengthen connections with India
- Recognize overseas Indians' contributions

3. Key Features
- Pravasi Bharatiya Samman Awards
- Knowledge exchange
- Investment promotion
- Cultural connections

4. Benefits
- Economic partnerships
- Cultural diplomacy
- Knowledge transfer
- Diaspora engagement

Fundamental Rights
(Part III, Articles 12-35):

1. RIGHT TO EQUALITY (Articles 14-18)

A) Article 14: Equality Before Law

 Equal protection of laws

 Prohibition of discrimination
 Reasonable classification allowed
 Like should be treated alike

B) Article 15: Prohibition of Discrimination

 Grounds prohibited:
o Religion
o Race
o Caste
o Sex
o Place of birth
 Special provisions allowed for:
o Women and children
o Socially backward classes
o SC/ST
o Economically weaker sections (103rd Amendment)
C) Article 16: Equality of Opportunity

 Public employment
 No discrimination
 Residence requirements allowed
 Religious institutions exception
 Backward class reservation

D) Article 17: Abolition of Untouchability

 Practice prohibited
 Punishable offense
 Social equality
 Implementation through laws

E) Article 18: Abolition of Titles

 No civil titles
 Military/academic titles allowed
 No foreign titles without permission
 Exception for military/academic distinctions

2. RIGHT TO FREEDOM (Articles 19-22)

A) Article 19: Six Fundamental Freedoms

1. Speech and expression

2. Assembly peacefully
3. Form associations/unions
4. Move throughout India
5. Reside anywhere in India
6. Practice any profession

 Reasonable restrictions allowed

 Grounds for restrictions specified

B) Article 20: Protection in Criminal Cases

 No ex-post-facto law
 No double jeopardy
 No self-incrimination
 Protection against arbitrary arrest

C) Article 21: Right to Life and Personal Liberty

 Due process of law

  Expanded scope through judicial interpretation:
o Right to education
o Right to health
o Right to clean environment
o Right to privacy
o Right to dignified life

D) Article 21A: Right to Education

 Free and compulsory education (6-14 years)

 Added by 86th Amendment

E) Article 22: Protection Against Arrest and Detention

 Rights of arrested person

 Preventive detention
 Maximum period of detention
 Advisory board requirement

3. RIGHT AGAINST EXPLOITATION (Articles 23-24)

A) Article 23: Prohibition of Traffic in Human Beings

 Forced labor prohibited

 Human trafficking banned
 Exceptions for public purpose

B) Article 24: Prohibition of Child Labor

 Below 14 years
 In factories
 In mines
 In hazardous employment

4. RIGHT TO FREEDOM OF RELIGION (Articles 25-28)

A) Article 25: Freedom of Conscience

 Practice religion
 Propagate religion
 Subject to public order
 Subject to morality

B) Article 26: Freedom to Manage Religious Affairs

 Establish institutions
  Manage own affairs
 Own property
 Administer property

C) Article 27: Freedom from Religious Taxation

 No compulsory payment
 Religious denomination
 Religious fund

D) Article 28: Freedom from Religious Instruction

 State educational institutions

 State-aided institutions
 Religious instruction

5. CULTURAL AND EDUCATIONAL RIGHTS (Articles 29-30)

A) Article 29: Protection of Minority Interests

 Distinct language
 Script
 Culture
 No discrimination in admissions

B) Article 30: Minority Educational Institutions

 Establish
 Administer
 No discrimination in state aid

6. RIGHT TO CONSTITUTIONAL REMEDIES (Article 32)

 Supreme Court enforcement

 Writs:
o Habeas Corpus
o Mandamus
o Prohibition
o Certiorari
o Quo Warranto

RESTRICTIONS ON FUNDAMENTAL RIGHTS

1. Reasonable Restrictions

 Public order
  Security of state
 Friendly relations with foreign states
 Decency/morality
 Contempt of court
 Defamation
 Sovereignty and integrity

2. Emergency Provisions

 Article 352: National Emergency

 Article 356: State Emergency
 Article 360: Financial Emergency

ENFORCEMENT

1. Legal Remedies

 Supreme Court (Article 32)

 High Courts (Article 226)
 Lower Courts

2. Constitutional Bodies

 National Human Rights Commission

 State Human Rights Commissions
 Minority Commissions
 SC/ST Commissions

SIGNIFICANCE

1. Individual Development

 Personal liberty
 Human dignity
 Equal opportunities
 Protection against exploitation

2. Social Progress

 Social equality
 Religious harmony
 Cultural preservation
 Educational rights

3. Democratic Values
  Rule of law
 Justice
 Liberty
 Equality

4. Constitutional Democracy

 Limited government
 Checks and balances
 Judicial review
 Basic structure

These rights are:

 Justiciable
 Enforceable
 Fundamental to governance
 Essential for democracy
 Basic to human dignity
 Protected by judiciary

DPSP
DIRECTIVE PRINCIPLES OF STATE POLICY (Part IV, Articles 36-51)

1. CLASSIFICATION OF DPSPs

A) Socialistic Principles

 Equal distribution of resources

 Prevention of concentration of wealth
 Equal pay for equal work
 Workers' participation
 Public health
 Working conditions
 Living wage

B) Gandhian Principles

 Village Panchayats
 Cottage industries
 Rural development
 Prohibition of alcohol
 Protection of cattle
 Agriculture and animal husbandry
C) Liberal-Intellectual Principles

 Uniform civil code

 Free legal aid
 Separation of judiciary
 International peace
 Environmental protection
 Scientific temper

2. IMPORTANT ARTICLES AND PRINCIPLES

Article 38: Social Order

 Social, economic, political justice

 Minimize inequalities
 Equal opportunities

Article 39: Economic Justice

 Adequate means of livelihood

 Equal pay for equal work
 Distribution of resources
 Protection against exploitation

Article 39A: Equal Justice

 Free legal aid

 Economic opportunities
 Access to justice

Article 40: Village Panchayats

 Local self-government
 Democratic decentralization

Article 41: Right to Work

 Employment
 Education
 Public assistance

Article 42: Labor Welfare

 Just working conditions

 Maternity relief
Article 43: Living Wage

 Decent standard of living

 Full enjoyment of leisure

Article 44: Uniform Civil Code

 Common personal laws

 National integration

Article 45: Early Childhood Care

 Children below 6 years

 Education and care

Article 46: Weaker Sections

 SC/ST welfare
 Protection from exploitation
 Educational development

Article 47: Public Health

 Nutrition levels
 Standard of living
 Prohibition of intoxicants

Article 48: Agriculture

 Modern farming
 Animal husbandry
 Ban on cow slaughter

Article 48A: Environment

 Environmental protection
 Forest conservation
 Wildlife protection

Article 49: Cultural Heritage

 Monument’s protection
 Places of historic importance

Article 50: Separation of Judiciary

  Independent judiciary
 Executive separation

Article 51: International Peace

 International relations
 Treaty obligations
 Dispute settlement

3. RELATIONSHIP WITH FUNDAMENTAL RIGHTS

A) Complementary Relationship

 FR: Individual rights

 DPSP: Collective good
 Both aim at social welfare
 Mutual reinforcement

B) Implementation

 FR: Legally enforceable

 DPSP: Moral obligations
 FR: Immediate effect
 DPSP: Progressive realization

C) Constitutional Position

 FR: Fundamental to Constitution

 DPSP: Fundamental in governance
 FR: Justiciable
 DPSP: Non-justiciable

4. IMPLEMENTATION MECHANISMS

1. Legislative Measures

 Various acts and laws

 Policy frameworks
 Statutory provisions

2. Executive Actions

 Government schemes
 Administrative measures
 Development programs
 3. Judicial Interpretation

 Harmonious construction
 Progressive interpretation
 Public interest litigation

5. SIGNIFICANCE AND IMPORTANCE

A) Social Justice

 Welfare state
 Economic democracy
 Social equality
 Protection of weak

B) Economic Development

 Resource distribution
 Industrial growth
 Agricultural development
 Labor welfare

C) Political Democracy

 Decentralization
 Local governance
 Popular participation
 Administrative reforms

6. CHALLENGES IN IMPLEMENTATION

1. Resource Constraints

 Financial limitations
 Infrastructure gaps
 Human resource shortage

2. Administrative Issues

 Bureaucratic delays
 Corruption
 Inefficiency
 Poor coordination

3. Social Barriers
  Cultural resistance
 Social prejudices
 Economic inequalities

7. ACHIEVEMENTS

1. Legislative Achievements

 Various social welfare laws

 Environmental protection
 Labor laws
 Educational rights

2. Policy Implementation

 Five-year plans
 Welfare schemes
 Development programs
 Social security measures

3. Judicial Support

 Progressive interpretations
 Public interest litigation
 Environmental protection
 Labor rights

8. RELATIONSHIP WITH MODERN GOVERNANCE

A) Policy Framework

 Guide to legislation
 Administrative direction
 Development planning
 Social welfare

B) Governance Tools

 Performance indicators
 Policy evaluation
 Program implementation
 Social audit

C) International Commitments

 SDG alignment
  Human rights
 Environmental protection
 Social justice

The relationship between FRs and DPSPs represents:

 Balance between individual and collective rights

 Harmony between rights and duties
 Integration of political and economic democracy
 Framework for social transformation

This relationship continues to evolve through:

 Constitutional amendments
 Judicial interpretations
 Legislative actions
 Administrative measures
 Social changes

The success of Indian democracy largely depends on effective harmonization of these principles
in governance and development.

FUNDAMENTAL DUTIES (Article 51A)

Added by 42nd Amendment Act, 1976
Initially 10 duties, 11th duty added by 86th Amendment Act, 2002

1. LIST OF FUNDAMENTAL DUTIES

A) Original Duties (51A)

1. Respect national symbols:

o National Flag
o National Anthem
o Constitution
2. Cherish independence movement ideals:
o Freedom struggle
o National heritage
o Cultural values
3. Uphold sovereignty and unity:
o Protect territorial integrity
o Maintain national unity
o Promote harmony
4. Defend the country:
o National security
 o National service
o Military service when called
5. Promote harmony:
o Brotherhood
o Religious harmony
o Linguistic harmony
o Regional harmony
o Renounce practices derogatory to women
6. Preserve composite culture:
o Cultural heritage
o Traditional values
o Historical monuments
7. Protect environment:
o Forests
o Lakes
o Rivers
o Wildlife
8. Develop scientific temper:
o Humanism
o Spirit of inquiry
o Reform
9. Safeguard public property:
o Government assets
o Natural resources
o Public utilities
10. Strive for excellence:
o Individual excellence
o National excellence
o Achievement in activities

B) Added Later
11. Parent/guardian duty (Added by 86th Amendment):
- Education for children (6-14 years)
- Educational opportunities

2. CHARACTERISTICS

1. Moral Obligations

 Not legally enforceable

 Ethical framework
 Civic responsibility
 Social conscience

2. Universal Application
  All citizens
 All regions
 All communities
 All situations

3. Constitutional Status

 Part of basic law

 Guide to citizenship
 National values
 Civic duties

3. SIGNIFICANCE

A) National Unity

 Integration
 Harmony
 Patriotism
 National identity

B) Social Responsibility

 Civic sense
 Public behavior
 Community service
 Social ethics

C) Environmental Protection

 Conservation
 Sustainability
 Natural resources
 Ecological balance

D) Cultural Preservation

 Heritage
 Traditions
 Art forms
 Historical monuments

4. IMPLEMENTATION MECHANISMS

1. Educational Programs
  School curriculum
 Higher education
 Public awareness
 Civic education

2. Government Initiatives

 Awareness campaigns
 Cultural programs
 Environmental projects
 Social schemes

3. Legal Framework

 Supporting legislation
 Administrative rules
 Policy guidelines
 Institutional mechanisms

5. RELATIONSHIP WITH OTHER CONSTITUTIONAL PROVISIONS

A) With Fundamental Rights

 Complementary nature
 Balance of rights and duties
 Mutual reinforcement
 Social harmony

B) With DPSPs

 Common objectives
 Social welfare
 National development
 Public good

Fundamental Duties serve as:

 Guide to citizenship
 Framework for civic behavior
 Tool for national development
 Basis for social harmony

Their effectiveness depends on:

 Public awareness
 Voluntary compliance
  Government initiatives
 Social participation
 Educational efforts

The success of democracy requires:

 Balance of rights and duties

 Active citizenship
 Social responsibility
 National consciousness

Constitutional Amendments:

CONSTITUTIONAL AMENDMENT (Article 368)

1. TYPES OF AMENDMENTS

A) Simple Majority

 Admission of new states

 Creation/abolition of Legislative Councils
 Administration of Scheduled Areas
 Citizenship provisions
 Language provisions

B) Special Majority

 Two-thirds of members present and voting

 Majority of total membership
 Most constitutional provisions
 Fundamental Rights
 Directive Principles

C) Special Majority + State Ratification

 Federal provisions
 Election of President
 Supreme Court/High Courts
 Distribution of powers
 Representation of states
 Seventh Schedule
2. PROCEDURE FOR AMENDMENT

1. Initiation

 Bill introduction in either House

 Private member's bill not allowed
 President's recommendation not required

2. Passage

 Separate voting in each House

 No joint sitting
 Amendments to bill allowed
 Must pass in identical form

3. Presidential Assent

 Mandatory requirement
 No pocket veto
 No time limit specified
 Cannot return for reconsideration

4. State Ratification (when required)

 At least half of states must ratify

 Simple majority in state legislatures
 No time limit specified
 Resolution format

3. LIMITATIONS ON AMENDMENT POWER

A) Basic Structure Doctrine

(Kesavananda Bharati Case, 1973)

Unamendable Features:

1. Supremacy of Constitution
2. Republican and democratic form
3. Secular character
4. Separation of powers
5. Federal character
6. Unity and integrity
7. Judicial review
8. Rule of law
9. Parliamentary system
10. Free and fair elections
B) Judicial Review

 Power to examine amendments

 Can strike down amendments
 Basic structure test
 Reasonable restrictions

4. IMPORTANT AMENDMENTS

1st Amendment (1951)

 First Schedule modification

 Reasonable restrictions
 Zamindari abolition

7th Amendment (1956)

 States reorganization
 High Courts reorganization
 Union Territories creation

24th Amendment (1971)

 Parliament's power to amend

 Presidential certification
 Fundamental Rights amendment

42nd Amendment (1976)

 Fundamental Duties
 Emergency powers
 DPSP supremacy
 'Socialist', 'Secular' added

44th Amendment (1978)

 Right to Property (removed)

 Emergency provisions
 Fundamental Rights restoration

73rd Amendment (1992)

 Panchayati Raj
 Local self-government
 Three-tier system
74th Amendment (1992)

 Urban local bodies

 Municipalities
 Metropolitan areas

86th Amendment (2002)

 Right to Education
 Fundamental duty
 Free education (6-14 years)

101st Amendment (2016)

 GST implementation
 Tax structure
 Revenue sharing

103rd Amendment (2019)

 EWS reservation
 Educational institutions
 Public employment

Basic Structure of the Constitution

BASIC STRUCTURE DOCTRINE

1. HISTORICAL DEVELOPMENT

A) Key Cases

1. Shankari Prasad Case (1951)

 Parliament's amendment power upheld

 No limitations recognized

2. Golak Nath Case (1967)

 Fundamental Rights unamendable

 Article 368 interpretation
 Parliament's power limited

3. Kesavananda Bharati Case (1973)

  Basic Structure doctrine established
 13-judge bench
 7:6 majority decision
 Landmark judgment

4. Minerva Mills Case (1980)

 Balance between Parts III and IV

 Limited amendment power
 Judicial review affirmed

2. COMPONENTS OF BASIC STRUCTURE

A) Democratic Features

1. Democracy

 Free and fair elections

 Universal adult suffrage
 Multi-party system
 Representative government

2. Republican Character

 Elected head of state

 Popular sovereignty
 No hereditary rule

B) Constitutional Supremacy

1. Rule of Law

 Legal equality
 Due process
 No arbitrariness

2. Separation of Powers

 Legislative
 Executive
 Judiciary
 Checks and balances

C) Fundamental Rights

1. Core Rights
  Right to equality
 Right to life
 Freedom of expression
 Religious freedom

2. Judicial Review

 Constitutional remedies
 Writ jurisdiction
 Access to justice

D) Federal Structure

1. Division of Powers

 Union-State relations
 Legislative lists
 Administrative relations

2. State Autonomy

 State powers
 Financial autonomy
 Local governance

3. UNAMENDABLE FEATURES

1. Sovereignty

 National sovereignty
 Territorial integrity
 Constitutional supremacy

2. Democratic Structure

 Parliamentary system
 Representative democracy
 Free elections

3. Secular Character

 Religious neutrality
 Equal treatment
 Freedom of religion

4. Judicial Independence
  Appointment process
 Tenure security
 Institutional autonomy

5. Fundamental Rights Core

 Basic human rights

 Equality provisions
 Liberty guarantees

4. JUDICIAL INTERPRETATION

A) Evolution Through Cases

1. Indira Gandhi Case (1975)

 Free and fair elections

 Democracy essential
 Rule of law

2. Waman Rao Case (1981)

 Property rights
 Social justice
 Constitutional balance

3. S.R. Bommai Case (1994)

 Federalism
 Secularism
 State autonomy

B) Principles Developed

1. Doctrine of Eclipse
2. Prospective Overruling
3. Harmonious Construction
4. Progressive Interpretation

5. SIGNIFICANCE

A) Constitutional Protection

 Guards against abuse

 Preserves democracy
 Maintains balance
  Ensures stability

B) Judicial Role

 Constitutional interpretation
 Rights protection
 Power balance
 Democratic safeguard

C) Political Impact

 Limits Parliament
 Checks executive
 Protects federalism
 Ensures democracy

6. CHALLENGES AND CRITICISMS

1. Definitional Issues

 Unclear boundaries
 Subjective interpretation
 Evolving nature
 Judicial discretion

2. Democratic Concerns

 Parliamentary sovereignty
 Popular will
 Amendment flexibility
 Social change

3. Implementation

 Case-by-case basis
 Varying interpretations
 Judicial activism
 Political resistance

Chapter 2 - Structure and Functions of Indian

Government
LEGISLATIVE, EXECUTIVE, AND JUDICIARY
1. LEGISLATIVE BRANCH
A) Parliament Structure

1. Lok Sabha (Lower House)

 Direct election
 545 members
 5-year term
 Population-based representation

2. Rajya Sabha (Upper House)

 Indirect election
 245 members
 6-year term
 State representation

B) Legislative Powers

1. Law Making

 Ordinary bills
 Money bills
 Constitutional amendments

2. Financial Control

 Budget approval
 Taxation
 Expenditure control

3. Executive Control

 Questions
 Motions
 Committees
 No-confidence motion

Qualifications for Members (Parliament/State Legislature)

1. Citizenship: Must be a citizen of India

2. Age Requirements:

1. Lok Sabha/Legislative Assembly: At least 25 years old

2. Rajya Sabha/Legislative Council: At least 30 years old
 3. Mental Soundness: Should be of sound mind
4. Not Declared Insolvent: Should not be an undischarged insolvent
5. Oath/Affirmation: Must take oath/affirmation before taking seat

Disqualifications for Members

1. Holding Office of Profit: Cannot hold any office of profit under government (except
permitted positions)
2. Unsound Mind: If declared of unsound mind by competent court
3. Undischarged Insolvent: Declared by competent court
4. Not a Citizen/Acquired Foreign Citizenship
5. Disqualified by Law: By Parliament or State Legislature
6. Corruption/Disloyalty: Convicted for corrupt practices or disloyalty to Constitution

Anti-Defection Law (10th Schedule)

1. Grounds for Disqualification:

o Voluntarily giving up party membership
o Voting/abstaining against party whip
o Nominated members joining political party after 6 months
2. Exceptions:
o Split/Merger involving 2/3rd members allowed
o Speaker/Chairman can change party after being elected
o Original political party merges with another party
3. Decision-Making Authority:
o Speaker/Chairman decides on disqualification
o Decision subject to judicial review
4. Key Features:
o Applies to both Parliament and State Legislatures
o Aims to prevent political defections
o Strengthens party system
o Ensures political stability
5. Timeline:
o Introduced by 52nd Amendment Act, 1985
o Modified by 91st Amendment Act, 2003 (removed split provision)

RAJYA SABHA

Presiding Officers

Chairman:
- Vice President of India (ex-officio)
- Appointed, not elected
- Not a member of Rajya Sabha
Deputy Chairman:
- Elected from among Rajya Sabha members
- Continues in office even after term as member ends
- Can be removed by majority resolution

Election Procedure

- Maximum strength: 250

- Current strength: 245
- State representation based on population
- Elected by MLAs through proportional representation
- Single transferable vote system
- 12 members nominated by President (art/science/literature experts)

State-wise allocation formula:

Population of state × Total seats/Total population of all states

Tenure

- Permanent house (not subject to dissolution)

- 1/3rd members retire every 2 years
- Individual member's term: 6 years
- Can be re-elected
- Vacancies filled through separate elections

LOK SABHA

Election Procedure

- Maximum strength: 552

- Current strength: 545
- Direct election through universal adult suffrage
- First-past-the-post system
- 543 elected members
- 2 Anglo-Indian members nominated by President (discontinued after 2020)

Speaker

Powers and Functions:

- Maintains order in house
- Decides admissibility of questions/resolutions
- Interprets rules of procedure
- Final authority on parliamentary privileges
- Presides over joint sittings
- Administrative head of Lok Sabha secretariat

Election:
- Elected by Lok Sabha members
- Usually from ruling party
- Continues till next Lok Sabha constituted
- Can be removed by majority resolution

Deputy Speaker

- Elected by Lok Sabha members

- Usually from opposition party
- Acts in Speaker's absence
- Can be removed by majority resolution

Tenure

- Normal term: 5 years

- Can be dissolved earlier by President
- Can be extended during emergency
- Must meet within 6 months of last sitting

SESSIONS OF PARLIAMENT

Budget Session

- January/February to May
-Main agenda: Union Budget
- Begins with President's address
- Longest session

Duration: ~2 months

Monsoon Session

- July to August/September
- Legislative business
- Questions and debates

Duration: ~1 month

Winter Session

- November to December
- Legislative business
- Year-end review

Duration: ~1 month

Special Sessions

- Called for specific purposes

- No fixed duration
- Example: GST special session

Quorum Requirements

- 1/10th of total membership

- Lok Sabha: 55 members
- Rajya Sabha: 25 members
- Required for conducting business

Key Terms

Summoning:
- Done by President
- On cabinet's advice
- Minimum 2 sessions per year

Adjournment:
- Temporary break
- Hours/days
- By presiding officer

Prorogation:
- End of session
- By President
- Pending business doesn't lapse

Dissolution:
- End of Lok Sabha
- By President
- All business lapses

JOINT SITTING OF HOUSES

Constitutional Provisions (Article 108)

Circumstances for Joint Sitting:

- Bill rejected by one house
- Houses disagree on amendments
- More than 6 months delay by another house

Exceptions (No Joint Sitting):

- Money Bills
- Constitutional Amendment Bills

Procedure
- Called by President
- Chaired by Lok Sabha Speaker
- Simple majority required
- Decision final on bill
- No amendments allowed during sitting

Historical Joint Sittings

1. Dowry Prohibition Bill (1961)

2. Banking Service Commission Bill (1978)
3. Prevention of Terrorism Bill (2002)
4. Women's Reservation Bill (Pending)

PARLIAMENTARY PROCEEDINGS

Question Hour
Types of Questions:
- Starred (Oral answers)
- Unstarred (Written answers)
- Short Notice Questions
- Supplementary Questions

Notice Period:
- 10-14 days advance notice
- Maximum 5 questions per member

Zero Hour
- Immediately after Question Hour
- Urgent matters raised
- No formal notice required
- Chair's permission needed

Legislative Business
Stages of Bill:
1. Introduction
2. First Reading
3. Second Reading
- General discussion
- Clause by clause
4. Third Reading
5. Other House consideration
6. President's assent

TYPES OF MOTIONS

1. Substantive Motion

- Independent motion
- Express decision of House
Examples:
- Impeachment of President
- Removal of Speaker
- No-confidence motion

2. Substitute Motion

- Alternative to original motion

- Must be relevant
- Moved as amendment
 3. Subsidiary Motion

Types:
a) Ancillary Motion
- Linked to main business
b) Superseding Motion
- Replaces original motion
c) Amendment Motion
- Modifies original motion

4. Privilege Motion

- Breach of parliamentary privilege

- Requires Speaker's consent
- High priority in proceedings

5. Censure Motion

- Specific policy/action criticism

- Must state reasons
- Requires majority support

6. No-Confidence Motion

Features:
- Against entire council of ministers
- Needs 50 member’s support
- Must be admitted by Speaker
- Government falls if passed

7. Cut Motion

Types:
a) Disapproval of Policy Cut
- Token cut of ₹1
b) Economy Cut
- Specific reduction
c) Token Cut
- Specific grievance

8. Adjournment Motion

- Urgent public importance

- Needs Speaker's consent
- Interrupts normal business
Requirements:
- Specific matter
- Urgent nature
- Public importance

9. Calling Attention Motion

- Urgent public matter

- No formal motion/voting
- Minister must respond

10. Resolution

Types:
- Government Resolution
- Private Member's Resolution
- Statutory Resolution
Nature:
- Can be substantive
- Expression of opinion
- Recommendatory

Legislative Proceedings for different types of bills:

1. ORDINARY BILLS

Introduction Stage:
- Can be introduced in either house
- Prior notice required
- Minister or private member can introduce

Process:
1. First Reading
- Title and objectives read
- No discussion

2. Second Reading
- General discussion
- Clause by clause examination
- Committee referral possible

3. Third Reading
- Final discussion
- Voting on whole bill
Other House:
- Similar three readings
- Can reject/amend
- Deadlock → Joint sitting possible

President:
- Can give assent
- Withhold assent
- Return for reconsideration (once only)

2. MONEY BILLS (Article 110)

Definition Criteria (Any of these):

- Taxation
- Government borrowing
- Consolidated/Contingency Fund
- Government expenditure
- Receipt/custody of funds

Special Features:
- Speaker certifies as Money Bill
- Can only be introduced in Lok Sabha
- President's recommendation needed
- No joint sitting provision

Rajya Sabha Role:

- 14 days to return
- Only recommendations, not amendments
- Bill passes even without Rajya Sabha approval

President:
- Cannot return for reconsideration
- Must give assent

3.FINANCIAL BILLS

Category A (Article 117(1)):

- Contains taxation proposals
- President's recommendation needed
- Can only be introduced in Lok Sabha
- Similar to Money Bill process

Category B (Article 117(3)):

- Involves expenditure from Consolidated Fund
- Can be introduced in either house
- President's recommendation for consideration
- Normal bill procedure follows
Process Similarities with Ordinary Bills:
- Three readings
- Committee examination
- Amendments possible
- Joint sitting possible

4. CONSTITUTION AMENDMENT BILLS (Article 368)

Types Based on Ratification Requirement:

Simple Majority:
- Changes in Schedules (except 1st, 4th, 5th)
- Laws made under Article 11
- Admission of new states

Special Majority:
- 2/3rd majority of present and voting
- Majority of total membership
- Most constitutional amendments

Special Majority + State Ratification:

Required for:
- Election of President
- Federal structure changes
- Supreme Court/High Courts
- Distribution of powers
- Representation of states
- Seventh Schedule
- Article 368 itself

Process:
1. Introduction
- Either house
- No President's recommendation needed

2. Consideration
- Minimum 2 days gap
- Clause by clause discussion

3. Voting
- Special majority required
- No joint sitting provision

4. State Ratification (if required)

- 50% of states must ratify
- Simple majority in state assemblies

5. President's Assent
 - Cannot return for reconsideration
- Must give assent

COMPARATIVE ANALYSIS

Financia
Aspect Ordinary Money l Constitution
Any
Introduction House Lok S. Varies Any House
President Rec. No Yes Yes No
Joint Sitting Yes No Yes No

Limite
RS Role Equal d Equal Equal
State Role No No No Sometimes
Majority Req. Simple Simple Simple Special
14
Time Limit No days No No

KEY COMMITTEES IN LEGISLATIVE PROCESS

1. Business Advisory Committee

- Allocates time
- Plans sessions

2. Select Committee
- Bill specific
- Detailed examination

3. Standing Committee
- Subject specific
- Regular scrutiny

4. Joint Committee
- Both houses
- Special purposes

ANNUAL FINANCIAL STATEMENT (BUDGET)

Constitutional Basis:
- Article 112: Union Budget
- Article 113: Demands for Grants
- Article 114: Appropriation Bill
- Article 265: No tax without law
2. PRESENTATION OF BUDGET

Pre-Budget Process

Timeline:
- Starts in September-October
- Circular to ministries
- Revenue/expenditure estimates

Key Activities:
- Halwa ceremony
- Budget printing
- Officials in quarantine

Budget Documents

Mandatory Documents:
- Annual Financial Statement
- Demands for Grants
- Finance Bill
- Appropriation Bill

Supporting Documents:
- Budget Speech
- Budget at a Glance
- Economic Survey
- Implementation Status

Budget Structure

Revenue Budget:
- Revenue Receipts
* Tax revenue
* Non-tax revenue
- Revenue Expenditure
* Salaries
* Subsidies
* Interest payments

Capital Budget:

- Capital Receipts
* Market loans
* Foreign aid
- Capital Expenditure
* Infrastructure
 * Asset creation

3. SCRUTINY BY DEPARTMENTAL COMMITTEES

Standing Committees
Role:
- Detailed examination
- Ministry-wise scrutiny
- Recommendations

Timeline:
- Post-budget presentation
- Before demands voting
- Usually, 3-4 weeks

Committee Process

Steps:
1. Document examination
2. Ministry presentations
3. Expert consultations
4. Report preparation

Focus Areas:
- Policy directions
- Financial implications
- Implementation capacity
- Past performance

VOTING ON DEMANDS FOR GRANTS

General Process

Stages:
1. Presentation of demands
2. Discussion
3. Voting
4. Appropriation Bill

Timeline:
- Must complete by March 31
- Before start of financial year

Cut Motions
 Types:

1. Policy Cut
- Disapproval (₹1 cut)

2. Economy Cut
- Specific reduction

3. Token Cut
- Specific grievance (₹100 cut)

Requirements:
- Notice period
- Specific format
- Speaker's admission

Guillotine

Purpose:
- Expedite process
- Outstanding demands
- Fixed date voting

Process:
- All pending demands
- Put to vote together
- No discussion

BUDGET IMPLEMENTATION

Vote on Account

Purpose:
- Interim arrangement
- Essential expenses
- Usually 2 months

Coverage:
- Only existing services
- No new schemes
- 1/6th of annual budget

Appropriation Bill

Features:
- Constitutional requirement
- No amendments allowed
- Must pass before March 31

Contents:
- Authorized expenditure
- Consolidated Fund withdrawals
- Department-wise allocation

Finance Bill

Purpose:
- Tax proposals
- Revenue measures
- Financial regulations

Timeline:
- Within 75 days
- Part of budget session

BUDGET CYCLE

1. Preparation Phase (Aug-Feb)

- Ministry estimates
- Revenue projections
- Final compilation

2. Approval Phase (Feb-May)

- Parliamentary discussion
- Committee scrutiny
- Voting

3. Implementation Phase (Apr-Mar)

- Fund release
- Expenditure monitoring
- Review meetings

4. Audit Phase
- CAG audit
- PAC examination
- Action taken reports
IMPORTANT CONCEPTS

1. Consolidated Fund:
- All revenues
- All loans
- All expenditure

2. Contingency Fund:
 - Emergency expenses
- ₹500 crore corpus
- Parliament approval later

3. Public Account:
- Trust money
- Small savings
- Provident funds

KEY PARLIAMENTARY CONTROLS

1. Discussion Rights:
- General discussion
- Cut motions
- Calling attention

2. Committee Oversight:
- Standing Committees
- PAC
- Estimates Committee

3. Financial Powers:
- Voting on demands
- Supplementary grants
- Excess grants

PARLIAMENTARY COMMITTEES

Based on Appointment:
1. Standing Committees (Permanent)
2. Ad hoc Committees (Temporary)

Based on Function:
1. Deliberative Committees
2. Financial Committees
3. Investigative Committees
4. Scrutiny Committees
5. House-keeping Committees

1. STANDING COMMITTEES

Financial Committees

A. Public Accounts Committee (PAC):

- 22 members (15 LS, 7 RS)
- Opposition chair
- Examines CAG reports
- Government expenditure scrutiny

B. Estimates Committee:
- 30 members (all from LS)
- Examines budget estimates
- Suggests economies
- Alternative policies

C. Committee on Public Undertakings:

- 22 members (15 LS, 7 RS)
- PSU examination
- Annual reports review
- Autonomy and efficiency

2. Departmental Standing Committees

Structure:
- 24 committees
- 31 members each (21 LS, 10 RS)
- Ministry-wise division

Functions:
- Budget examination
- Policy review
- Legislative scrutiny
- Annual reports

3. House Committees

A. Business Advisory Committee:

- Allocates time
- Plans session business
- Chairman/Speaker heads

B. Rules Committee:
- Procedure rules
- Conduct regulations
- Speaker chairs

C. Privileges Committee:
- Breach examination
- Privilege protection
- Recommendations

3. AD HOC COMMITTEES

Select Committees
 Purpose:
- Bill examination
- Clause by clause study
- Report to house

Features:
- Temporary nature
- Specific bill focus
- Detailed scrutiny

Joint Committees

Types:

A. Joint Committee on Bills:

- Both house members
- Specific legislation

B. Joint Committee on Offices of Profit:

- Examines appointments
- Recommendations

C. Joint Committee on Salaries:

- MP benefits
- Allowances

INVESTIGATIVE COMMITTEES

1. Committee on Petitions:
- Public grievances
- Representations

2. Committee on Government Assurances:

- Ministerial promises
- Implementation status

3. Committee on Subordinate Legislation:

- Rules examination
- Delegated legislation

HOUSE-KEEPING COMMITTEES

1. House Committee:
- Residential arrangements
- Member facilities
2. Library Committee:
- Library management
- Reference services

3. General Purposes Committee:

- Miscellaneous matters
- Inter-committee coordination

WORKING MECHANISM
Appointment

Methods:
- Election by house
- Speaker nomination
- Chairman appointment

Term:
- Usually, one year
- Re-appointment possible

Procedure

Meetings:
- Regular intervals
- Quorum requirement
- Private sessions

Reports:
- Recommendations
- Minutes recording
- Action taken

Powers
- Document requisition
- Expert summoning
- Evidence recording
- Site visits
- Report submission
COMPARATIVE ANALYSIS

Aspect Standing Ad hoc Financial

Duration Permanent Temporary Annual
Membership Fixed Varies Fixed
Scope Regular Specific Financial
Appointment Regular Need base Annual
Report type Periodic One-time Annual
Lok Sabha Vs Rajya Sabha:

Aspect Lok Sabha Rajya Sabha

Lower House/Popular
Nature House Upper House/Council of States
552 (543 elected + 2
Maximum Strength nominated) 250 (238 elected + 12 nominated)
Term 5 years (can be dissolved) Permanent House (1/3rd retire every 2 years)
Membership Age 25 years minimum 30 years minimum
Presiding Officer Speaker (elected) Chairman (Vice President)
Representation Direct election by people Indirect election by state assemblies
Exclusive power to
Money Bills introduce Only recommendations (14 days)
NoConfidence Motion Can introduce Cannot introduce
Financial Powers Primary financial house Limited financial powers
Dissolution Can be dissolved Cannot be dissolved
More influence (larger
Joint Sitting size) Less influence (smaller size)
Money matters,
Government formation, State matters (Article 249), New All India Services,
Special Powers No confidence motion Emergency extension
Election Method First past the post Proportional representation
Constituency Territorial constituencies States and Union Territories
Member Retirement All members together 1/3rd every two years
Exclusive powers on
Budget money bills Can only discuss, no voting on grants
Representation Basis Population based State based
Can be dissolved by
Constitutional Status President Permanent body
Can be extended beyond
Emergency Powers 5 years Cannot be extended
Greater (due to larger
Strength in Joint Session size) Lesser (due to smaller size)

Executive:
.

THE PRESIDENT OF INDIA

Constitutional Position: Article 52-78 in Part V of Constitution
1. BASIC FRAMEWORK
Constitutional Provisions

 Article 52: There shall be a President of India

 Article 53: Executive power of the Union vested in the President
 Supreme Commander of Armed Forces
 First Citizen of India
 Head of the State (not Head of Government)

Election Formula

Electoral College consists of:

 Elected members of both Houses of Parliament

 Elected members of State Legislative Assemblies
 Elected members of Legislative Assemblies of UTs of Delhi and Puducherry

Value of Vote Formula:

Value of MP's vote = Total value of votes of all MLAs

--------------------------------
Total number of elected MPs

Value of MLA's vote = Population of State (1971 census)

---------------------------------
Total no. of elected MLAs × 1000

2. ELIGIBILITY AND TERM

Eligibility Criteria (Article 58)

 Must be a citizen of India

 Completed age of 35 years
 Qualified for election as member of Lok Sabha
 Should not hold any office of profit
 Should not be a member of Parliament or State Legislature

Term of Office

 5 years from the date of assuming office

 Can resign by writing to Vice-President
 Can be re-elected (no term limit)
 Continues till successor assumes office
Oath

 Administered by Chief Justice of India

 In absence of CJI, senior-most judge of Supreme Court
 Swears to protect and defend Constitution and law

3. EMOLUMENTS AND PRIVILEGES

Salary and Allowances

 ₹5 lakhs per month (as of 2024)

 Two official residences:
o Rashtrapati Bhavan (Delhi)
o Rashtrapati Nilayam (Hyderabad)
 Entitled to pension after retirement

Immunities

 Not answerable to any court for exercise of powers

 No criminal proceedings during term
 No arrest or imprisonment
 Civil proceedings with 2-month prior notice

4. POWERS OF THE PRESIDENT

A. Executive Powers

1. Appointment Powers

 Prime Minister and Council of Ministers

 Governors of States
 Chief Justice and Judges of SC/HC
 Attorney General
 CAG
 Election Commissioners
 UPSC Chairman and members

2. Administrative Powers

 All executive actions in President's name

 Can seek information from PM about admin decisions
 Can require PM to submit any matter to Council of Ministers

B. Legislative Powers
 1. Ordinary Bills

 Can give assent

 Can withhold assent
 Can return bill for reconsideration (once only)

2. Money Bills

 Prior recommendation needed

 Cannot return for reconsideration
 Must give assent

3. Parliamentary Powers

 Summons and prorogues Parliament

 Can dissolve Lok Sabha
 Can nominate 12 members to Rajya Sabha
 Can nominate 2 Anglo-Indian members to Lok Sabha (discontinued after 2020)

C. Financial Powers

 Money bills introduced with prior approval

 Annual budget presented
 Contingency Fund of India at disposal
 Finance Commission appointment

D. Judicial Powers

 Pardoning Powers under Article 72

o Pardon
o Commute
o Respite
o Reprieve
o Remission

E. Emergency Powers

1. National Emergency (Article 352)

 External aggression
 Armed rebellion
 Internal disturbance (removed by 44th Amendment)

2. State Emergency (Article 356)

 Failure of constitutional machinery

  President's rule
 Maximum 6 months, extendable to 3 years

3. Financial Emergency (Article 360)

 Never imposed till date

 Requires parliamentary approval

5. IMPEACHMENT OF PRESIDENT
Process (Article 61)

1. Charge of violation of Constitution

2. 14 days’ notice signed by 1/4th members
3. Resolution passed by 2/3rd majority of total membership
4. Investigation by originating house
5. President has right to appear and defend

6. IMPORTANT PRESIDENTIAL INTERVENTIONS

1. President Zail Singh withheld assent to Postal Bill (1986)
2. President K.R. Narayanan returned Cabinet recommendations twice
3. President APJ Abdul Kalam returned Office of Profit Bill
4. President Pranab Mukherjee's intervention in Arunachal Pradesh crisis

7. CONSTITUTIONAL ARTICLES RELATED TO THE

PRESIDENT
Basic Framework

 Article 52: The President of India

 Article 53: Executive power of the Union
 Article 54: Election of President
 Article 55: Manner of election of President

Qualification and Terms

 Article 56: Term of office of President

 Article 57: Eligibility for re-election
 Article 58: Qualifications for election as President
 Article 59: Conditions of President's office
 Article 60: Oath or affirmation by the President
 Article 61: Procedure for impeachment of the President
 Article 62: Time of holding election to fill vacancy
Powers and Functions

 Article 70: Discharge of President's functions in other contingencies

 Article 72: Pardoning powers of President
 Article 73: Extent of executive power of the Union
 Article 74: Council of Ministers to aid and advise President
 Article 75: Other provisions as to Ministers
 Article 76: Attorney General for India
 Article 77: Conduct of Government Business
 Article 78: Duties of Prime Minister regarding furnishing of information to President

Legislative Powers

 Article 85: Sessions of Parliament, prorogation and dissolution

 Article 86: Right of President to address and send messages to Houses
 Article 87: Special address by the President
 Article 111: Assent to Bills
 Article 123: Power of President to promulgate Ordinances

Financial Powers

 Article 280: Finance Commission

 Article 283: Custody of Consolidated Fund
 Article 352: Proclamation of Emergency
 Article 356: President's Rule in States
 Article 360: Financial Emergency

Appointment Powers

 Article 124: Appointment of Supreme Court Judges

 Article 155: Appointment of Governors
 Article 156: Term of office of Governor
 Article 217: Appointment of High Court Judges
 Article 266: Consolidated Fund and Public Account
 Article 324: Election Commission appointments
 Article 148: Appointment of CAG
 Article 316: Appointment of UPSC members

Emergency Provisions

 Article 352: National Emergency

 Article 356: State Emergency (President's Rule)
 Article 360: Financial Emergency
Special Powers

 Article 370: Special status to J&K (Abrogated in 2019)

 Article 371: Special provisions for certain states

Miscellaneous

 Article 79: Constitution of Parliament

 Article 80: Composition of Rajya Sabha
 Article 81: Composition of Lok Sabha
 Article 112: Annual Financial Statement (Budget)
 Article 143: Power of President to consult Supreme Court

THE VICE PRESIDENT OF INDIA

Constitutional Position: Articles 63-71 of the Constitution

1. CONSTITUTIONAL FRAMEWORK
Basic Provisions

 Article 63: There shall be a Vice President of India

 Second highest constitutional office
 Ex-officio Chairman of Rajya Sabha
 No executive functions like US Vice President

2. ELECTION PROCESS
Electoral College

 Members of both Houses of Parliament

 Unlike President: No state legislature members

Election Method

 Secret ballot
 Proportional representation by single transferable vote
 Quorum: 1/3rd of total members

Returning Officer

 Secretary-General of Rajya Sabha

3. QUALIFICATION AND TERM

Eligibility (Article 66)

 Citizen of India
 Completed 35 years of age
 Qualified to be elected as Rajya Sabha member
 Should not hold any office of profit
 Not a member of either House of Parliament/State Legislature

Term of Office

 5 years from date of assuming office

 Can resign by writing to President
 Eligible for re-election (no term limit)
 Can continue till successor assumes office

4. EMOLUMENTS AND PRIVILEGES

Salary

 ₹4 lakhs per month (as of 2024)

 Entitled to rent-free furnished residence
 Pension after retirement
 Free medical facilities

5. REMOVAL AND VACANCY

Removal Process

 Resolution by Rajya Sabha

 Majority of all members
 Agreed to by Lok Sabha
 No impeachment process like President

Grounds for Removal

 Violation of Constitution not required

 Can be removed for political reasons
 Simple majority sufficient

Vacancy Situations

1. Temporary Vacancy
o President acting as Vice President
o President nominates person to discharge functions
2. Permanent Vacancy
 o Death
o Resignation
o Removal
o Election within 6 months

6. POWERS AND FUNCTIONS

A. As Vice President

1. Succession to Presidency
o Acts as President when:
 Vacancy due to death/resignation/removal
 Temporary absence due to illness
 Maximum period: 6 months
 Until new President is elected
2. Ceremonial Functions
o Attends state functions
o Represents nation in international forums
o Diplomatic assignments by President

B. As Chairman of Rajya Sabha

1. Parliamentary Functions
o Presides over Rajya Sabha sessions
o Maintains order in House
o Decides points of order
o Interprets rules of procedure
2. Administrative Powers
o Controls Rajya Sabha Secretariat
o Decides on privileges issues
o Determines disqualification of members
3. Casting Vote
o Can vote in case of tie
o No vote in normal proceedings
o Cannot vote in impeachment of President

7. IMPORTANT INTERVENTIONS BY VICE

PRESIDENTS
1. K.R. Narayanan's role during hung parliament
2. Bhairon Singh Shekhawat's parliamentary reforms
3. Hamid Ansari's promotion of parliamentary debates
4. M. Venkaiah Naidu's emphasis on House discipline

8. Constitutional provisions
CORE ARTICLES (63-71)

1. Article 63: Establishment of office of Vice President

2. Article 64: Vice President as ex-officio Chairman of Rajya Sabha
3. Article 65: Powers to act as/discharge functions of President
4. Article 66: Election of Vice President
5. Article 67: Term of office (5 years)
6. Article 68: Filling vacancy in office
7. Article 69: Oath or affirmation
8. Article 70: Discharge of President's functions in contingencies
9. Article 71: Matters relating to/connected with election

RELATED ARTICLES

1. Article 89: Chairman and Deputy Chairman of Rajya Sabha

2. Article 91: Vacation/resignation of/removal from Chairman's office
3. Article 92: Powers of Deputy Chairman/another person acting as Chairman
4. Article 97: Salaries and allowances
5. Article 324: Supervision of Vice-Presidential elections

COUNCIL OF MINISTERS (CoM)

Constitutional Position: Articles 74-75

1. CONSTITUTIONAL FRAMEWORK
Basic Provisions

 Article 74: Council of Ministers to aid and advise President

 Article 75: Other provisions about Ministers
 Article 77: Conduct of Government Business
 Article 78: Prime Minister's duties towards President

Types of Ministers

1. Cabinet Ministers
o Top-level ministers
o Head important ministries
o Members of Cabinet
o Maximum decision-making authority
2. Ministers of State (Independent Charge)
o Independent responsibility
o Not under Cabinet Ministers
o May attend Cabinet meetings if invited
3. Ministers of State
 o Junior ministers
o Work under Cabinet Ministers
o Assist in ministry operations
4. Deputy Ministers
o Lowest rank
o Assist senior ministers
o No independent charge

2. COMPOSITION AND APPOINTMENT

Size of Council

 91st Amendment Act, 2003: Size limit

 Not more than 15% of Lok Sabha strength
 Current maximum: 81 ministers (15% of 543)

Appointment Process

1. Prime Minister
o Appointed by President
o Usually leader of majority party/coalition
o Head of Council of Ministers
2. Other Ministers
o Appointed by President
o On Prime Minister's advice
o Must be member of either House
o 6 months to become member if not already

3. COLLECTIVE RESPONSIBILITY
To Parliament (Article 75)

 Collectively responsible to Lok Sabha

 Individual ministerial responsibility
 Cabinet decisions bind all ministers
 Principle of collective voice

Features

1. Vote of Confidence
o Must maintain Lok Sabha confidence
o Resignation on loss of majority
o Collective stepping down
2. Cabinet Solidarity
o United front in Parliament
 o Support all Cabinet decisions
o Resign if disagree fundamentally
3. Confidentiality
o Maintain Cabinet secrecy
o Official Secrets Act applies
o No disclosure of discussions

4. FUNCTIONS AND RESPONSIBILITIES

A. Policy Making

1. Formulation
o National policies
o Legislative proposals
o International agreements
2. Implementation
o Execute policies
o Monitor progress
o Ensure coordination

B. Administrative Functions

1. Appointments
o Top civil servants
o Heads of PSUs
o Constitutional positions
2. Departmental Management
o Budget allocation
o Personnel matters
o Administrative decisions

C. Legislative Functions

1. Parliament Related
o Pilot bills
o Answer questions
o Participate in debates
2. Policy Framework
o Draft legislation
o Review existing laws
o Propose amendments

5. CABINET COMMITTEES
Important Committees

1. Cabinet Committee on Political Affairs

2. Cabinet Committee on Economic Affairs
3. Cabinet Committee on Security
4. Cabinet Committee on Parliamentary Affairs

Functions

 Detailed examination of issues

 Quick decision-making
 Coordination between ministries
 Crisis management

6. PRIME MINISTER'S OFFICE (PMO)

Structure

 Principal Secretary
 National Security Advisor
 Additional Secretaries
 Joint Secretaries

Functions

 Policy coordination
 Inter-ministerial issues
 Strategic matters
 Crisis management

COUNCIL OF MINISTERS VS CABINET MINISTERS

Basis of
Comparison Council of Ministers Cabinet Ministers
Constitutional Not mentioned in Constitution;
Status Mentioned in Articles 74 & 75 product of convention
 Maximum 15% of Lok Sabha
Size (=81 members) 15-20 members typically
All ministers (Cabinet, MoS
Composition Independent, MoS, Deputy) Only senior-most ministers
Meets regularly (weekly/as
Meetings Rarely meets; mostly ceremonial needed)
Limited role; implements
Decision Making decisions Supreme decision-making body
Limited to respective Collective decisions on national
Powers departments policies
Access to PM Varies by rank Direct access to PM
Individual departmental
Responsibility responsibility Collective responsibility
Policy Role Execute policies Formulate policies
Importance Wider administrative body Inner wheel of government
Access to all confidential
Confidentiality Limited access to classified info matters
Cabinet Papers No direct access Full access to cabinet papers
By President on PM's advice
Appointment By President on PM's advice (senior-most)
Removal Individual removal possible Affects whole government
Uniform for all Cabinet
Salary & Rank Varies by position Ministers
Parliamentary
Role Department-specific roles Major policy announcements
Committee
Membership Limited participation Head important committees
Crisis
Management Department-level handling National crisis management
International
Relations Limited role Major diplomatic functions
Budget Role Departmental budgets Overall budget planning

PRIME MINISTER OF INDIA

Constitutional Position: Articles 74-75

1. APPOINTMENT OF PRIME MINISTER

Constitutional Provisions

 Article 75(1): PM appointed by President

 No direct election by people
 No specific qualifications mentioned

Appointment Process

1. Normal Scenario
o Leader of majority party/coalition
o Commands confidence of Lok Sabha
o President has no choice
2. Hung Parliament Scenario
o President's discretion important
o Following conventions:
 Single largest party
 Pre-poll alliance
 Post-poll alliance
 Letter of support

2. POWERS IN RELATION TO PRESIDENT

Constitutional Powers

1. Aid and Advice

o President bound by PM's advice
o After 42nd Amendment
o Rare rejection cases
2. Communication Channel
o Article 78: PM's duties to President
o Communicate all decisions
o Furnish information
o Submit matters for consideration

Administrative Powers

 Recommends ministers' appointment/dismissal

 Principal channel of communication
 Real executive authority
 Emergency recommendations

3. POWERS IN RELATION TO COUNCIL OF

MINISTERS
Formation Powers

1. Ministry Formation
o Selects ministers
o Allocates portfolios
o Determines hierarchy
o Reshuffles cabinet
2. Control Powers
o Chairs cabinet meetings
o Coordinates ministries
o Resolves inter-ministerial disputes
o Guides policy decisions

Removal Powers

 Can ask minister to resign

 Recommends dismissal to President
 Controls ministry size
 Determines importance of portfolios

4. POWERS IN RELATION TO PARLIAMENT

Legislative Powers

1. Parliamentary Functions
o Leader of House
o Announces government policies
o Answers questions
o Pilot important bills
2. Session Related
o Advises President on summoning
o Recommends dissolution
o Sets legislative agenda
o Controls parliamentary business

Political Powers

 Leader of majority party

 Chief spokesperson
 Influences parliamentary committees
 Controls party in Parliament

5. OTHER SIGNIFICANT POWERS

A. Executive Powers

1. Administrative
o Head of government
o Chief advisor to President
o Controls bureaucracy
o Chairs important committees
2. Appointments
o Key bureaucratic positions
o Constitutional authorities
o Heads of commissions
o Ambassadors

B. Emergency Powers

1. National Security
o Chairs National Security Council
o Nuclear command authority
o Emergency recommendations
o Defense decisions
2. Crisis Management
o Natural disasters
o Economic emergencies
o Internal security
o International crises

6. ROLE IN FOREIGN AFFAIRS

Diplomatic Functions

 Chief diplomat
 Represents India internationally
 Signs international agreements
 Forms foreign policy

International Relations

 Bilateral meetings
 Multilateral forums
 Strategic partnerships
 Trade agreements

ATTORNEY GENERAL OF INDIA

Constitutional Position: Article 76
1. APPOINTMENT & ELIGIBILITY
Constitutional Provisions

 Article 76(1): Appointment by President

 Holds office during President's pleasure
 No fixed tenure specified

Eligibility Criteria

1. Qualifications
o Qualified to be Supreme Court Judge
o Indian citizen
o 5 years as High Court Judge OR
o 10 years as High Court advocate OR
o Eminent jurist in President's opinion
2. Age
o No specific age requirement
o No upper age limit
o Generally senior advocates chosen

2. DUTIES AND FUNCTIONS

A. Constitutional Duties

1. Legal Advisor
o Chief legal advisor to Government
o Advises Union Government
o Gives legal opinions when asked
2. Court Appearances
o Represents Government in Supreme Court
o Appears in high-profile cases
o Handles important constitutional matters

B. Statutory Functions

1. Parliamentary Duties
o Right to speak in Parliament
o Participate in proceedings
o Cannot vote
o Access to parliamentary committees
2. Government Representation
o All courts in India
o International tribunals
o Special cases assigned by government
3. RIGHTS AND PRIVILEGES
Professional Rights

1. Practice Rights
o Private practice allowed
o Not against Government
o With permission in specific cases
o Can appear for states with permission
2. Parliamentary Privileges
o Access to both Houses
o Right to address Parliament
o Committee participation
o Access to parliamentary papers

Official Benefits

 Highest paid law officer

 Office facilities
 Support staff
 Official residence

4. LIMITATIONS AND RESTRICTIONS

Constitutional Limitations

1. Practice Restrictions
o Cannot advise against Union Government
o No advice to states without permission
o Cannot defend accused in criminal cases
o Must protect government interests
2. Political Restrictions
o No political party membership
o Cannot participate in political activities
o Must maintain neutrality
o Professional conduct guidelines

Professional Limitations

 Cannot appear against government

 Private practice restrictions
 Confidentiality obligations
 Ethical considerations

Judiciary:
THE SUPREME COURT OF INDIA
1. CONSTITUTIONAL PROVISIONS
• Articles 124 to 147 in Part V, Chapter IV of the Constitution deal with the Supreme Court
• Established on January 26, 1950
• Successor to the Federal Court of India (1937)

2. QUALIFICATION OF JUDGES (Article 124)

• Must be a citizen of India
• Should have been:
◦ Judge of High Court (or more than one HC) for at least 5 years OR
◦ Advocate of High Court (or more than one HC) for at least 10 years OR
◦ Distinguished jurist in the opinion of the President

3. APPOINTMENT OF JUDGES

Current System (Collegium System)

• Evolved through Three Judges Cases (1981, 1993, 1998)
• Composition:
◦ CJI + 4 senior-most judges of SC
• Process:
◦ Collegium recommends names to President
◦ President can return once for reconsideration
◦ Binding if Collegium reiterates

NJAC Case (2015)

• 99th Constitutional Amendment declared unconstitutional
• NJAC struck down as violating basic structure (judicial independence)

4. REMOVAL OF JUDGES (Article 124(4))

Grounds for Removal

• Proven misbehavior
• Incapacity

Process
1. Motion in Parliament signed by:
• 100 Lok Sabha members OR
• 50 Rajya Sabha members
2. Investigation by committee
3. Passed by special majority in both houses:
• 2/3rd majority of present and voting
• More than 50% of total strength

5. SALARIES & ALLOWANCES

• Fixed by Parliament
• Charged on Consolidated Fund of India
• Cannot be reduced except during financial emergency
• Current salary of CJI: ₹2.80 lakh per month
• Other judges: ₹2.50 lakh per month

6. JURISDICTION OF SUPREME COURT

A. Original Jurisdiction (Article 131)

• Federal disputes between:
◦ Centre and State(s)
◦ Between States
◦ Centre & State(s) vs State(s)

B. WRIT JURISDICTION (Article 32)

 Known as the "Heart and Soul of the Constitution" - Dr. B.R. Ambedkar
 Fundamental Right under Part III
 SC can issue writs for enforcement of Fundamental Rights

Types of Writs:

1. Habeas Corpus
o "Produce the body"
o Against illegal detention
o Can be filed by any person
o No res judicata applies
2. Mandamus
o "We command"
o To compel public officials to perform duty
o Cannot be issued against President/Governor
o Cannot be issued for contractual obligations
3. Prohibition
o To prevent lower courts from exceeding jurisdiction
o Only against judicial/quasi-judicial authorities
o Preventive in nature
4. Certiorari
o To quash orders of lower courts
 oSimilar to prohibition but remedial in nature
oCan be issued even after order is passed
5. Quo Warranto
o Questions authority of public office
o Anyone can file
o Checks illegal appointments

APPELLATE JURISDICTION (Articles 132, 133, 134)

Constitutional Matters (Article 132)

 Appeals against High Court judgments involving constitutional interpretation

 Certificate from HC required

Civil Matters (Article 133)

 Value of dispute must exceed ₹20,000

 Certificate from HC required
 Substantial question of law

Criminal Matters (Article 134)

1. If HC reverses acquittal to conviction

2. Withdraws case from lower court
3. Certificate that case fit for appeal

C. ADVISORY JURISDICTION (Article 143)

1. Presidential Reference
o President can seek SC's opinion on:
 Questions of law/fact
 Public importance
 Any pre-enactment dispute
2. Notable Examples:
o Ayodhya Ram Temple case (1993)
o 2G spectrum case
o Presidential reference on Gujarat assembly dissolution

TRANSFER PETITIONS (Article 139A)

 Cases can be transferred:
1. Similar questions of law pending in SC and other courts
2. Cases involving same/substantially same questions of law
3. Special leave to transfer criminal/civil cases
REVISORY JURISDICTION
 Power to review its own judgments (Article 137)
 Grounds for review:
1. Discovery of new evidence
2. Error apparent on face of record
3. Other sufficient reasons

JUDICIAL INDEPENDENCE
Constitutional Provisions:

1. Appointment Process
o Collegium system
o Consultation with CJI mandatory
2. Security of Tenure
o Fixed age of retirement (65 years)
o Removal only through impeachment
o Salary and allowances charged on Consolidated Fund
3. Financial Independence
o Salaries determined by Parliament
o Cannot be varied to disadvantage
o Expenses charged on Consolidated Fund
4. Powers and Jurisdiction
o Power of judicial review
o Contempt powers
o Administrative independence

Current Affairs Linkages:

1. NJAC Case (2015)

o Struck down 99th Amendment
o Upheld Collegium system
2. Recent Reforms:
o Live streaming of proceedings
o E-courts project
o National Judicial Data Grid

Chief Justice of India (CJI):

APPOINTMENT OF CJI (Article 124)

Constitutional Provisions:

 Article 124(2): Appointment by President

  Article 124(4): Removal process
 Article 126: Acting Chief Justice
 Article 127: Ad hoc judges
 Article 128: Retired judges to sit and act

Appointment Process:

1. Convention/Seniority Rule
o Senior-most judge of SC becomes CJI
o Outgoing CJI recommends successor
o Government seeks recommendation
o President appoints
2. Memorandum of Procedure (MoP)
o Law Minister seeks recommendation from outgoing CJI
o CJI sends recommendation
o PM advises President
o President issues warrant of appointment

QUALIFICATIONS (Article 124(3))

1. Citizenship of India
2. Experience (any of these):
o Judge of HC/s for at least 5 years
o Advocate of HC/s for at least 10 years
o Distinguished jurist in President's opinion

3. Age:
o Below 65 years
o No minimum age prescribed

REMOVAL PROCESS (Article 124(4))

Grounds for Removal:

1. Proved misbehavior
2. Incapacity

Process (Judges Inquiry Act, 1968):

1. Initial Motion:
o 100 Lok Sabha members OR
o 50 Rajya Sabha members
2. Speaker/Chairman Admission:
o Examines motion
o Consults experts if needed
o Admits/rejects motion
 3. Inquiry Committee Formation:
o Supreme Court Judge
o Chief Justice of High Court
o Distinguished Jurist
4. Committee Proceedings:
o Investigates charges
o Submits report to Parliament
5. Parliamentary Voting:
o Both Houses must pass with:
 Special majority (2/3rd present and voting)
 Absolute majority (>50% total membership)
6. Presidential Order:
o President issues removal order

Important Facts:

 No CJI has been impeached till date

 Justice V. Ramaswami (1993) - first attempted impeachment
 Impeachment motion fails if:
o Not passed by both houses
o No special majority
o President doesn't approve

TENURE AND SERVICE CONDITIONS

1. Term of Office:
o Until age of 65 years
o Can resign before through letter to President
o No fixed minimum tenure
2. Salary and Allowances:
o ₹2.80 lakh per month (basic salary)
o Additional allowances
o Charged on Consolidated Fund
o Cannot be varied to disadvantage
3. Post-Retirement:
o Cannot plead/act in any court
o Cannot hold office of profit
o Can be appointed to commissions/inquiries

Current Affairs Connection:

1. Recent CJI Appointments:

o Justice Sanjiv Khanna (51st CJI)
o Short tenure of about 6 months
o Focus on judicial reforms
2. Recent Developments:
 o Live streaming of proceedings
o Modernization of courts
o Focus on pending cases

JUDICIARY-EXECUTIVE RELATIONS

1. CONSTITUTIONAL FRAMEWORK
Separation of Powers:

 Article 50: Separation of judiciary from executive

 Article 121/211: Restriction on discussion of judicial conduct
 Article 122/212: Courts not to inquire into proceedings of Parliament/Legislature

Areas of Interface:

1. Appointments
2. Financial matters
3. Administrative control
4. Policy implementation
5. Judicial review

2. POINTS OF COOPERATION
1. Appointments:

 President (Executive) appoints judges

 Collegium recommends
 Law Ministry processes appointments

2. Administrative Support:

 Executive provides infrastructure

 Budget allocation
 Security arrangements
 Implementation of court orders

3. Law Making:

 Executive drafts laws

 Judiciary interprets them
 Both ensure constitutional compliance

3. AREAS OF CONFLICT
1. Judicial Appointments:

 NJAC vs Collegium controversy

 Memorandum of Procedure disputes
 Delay in appointments
 Executive's role in selection

2. Judicial Review:

 Executive policies reviewed

 Legislative acts scrutinized
 Administrative decisions examined
 Constitutional amendments challenged

3. Judicial Activism:

 PIL jurisdiction
 Policy matters intervention
 Executive domain encroachment
 Governance issues

4. LANDMARK CASES
1. First Judges Case (1981):

 Primacy of Executive in appointments

 Consultation with CJI not binding

2. Second Judges Case (1993):

 Established Collegium system

 Judicial primacy in appointments

3. Third Judges Case (1998):

 Expanded Collegium
 Consultation process formalized

4. NJAC Case (2015):

 Struck down 99th Amendment

 Upheld Collegium system
 Independence of judiciary
JUDICIARY-LEGISLATIVE RELATIONS

1. CONSTITUTIONAL FRAMEWORK
Basic Structure:

 Separation of powers
 Checks and balances
 Constitutional supremacy
 Parliamentary democracy

Key Articles:

 Article 121: Restriction on discussion of judicial conduct

 Article 122: Courts not to inquire into parliamentary proceedings
 Article 212: Courts not to inquire into state legislature proceedings
 Article 13: Judicial review of legislation

2. AREAS OF INTERACTION
1. Legislative Functions:

 Law-making by Parliament
 Judicial interpretation
 Constitutional validity review
 Legislative intent analysis

2. Judicial Review:

 Review of laws
 Basic structure doctrine
 Fundamental rights protection
 Legislative competence check

3. PARLIAMENTARY PRIVILEGES VS JUDICIAL

POWERS
1. Parliamentary Privileges:

 Freedom of speech in Parliament

 Immunity from court proceedings
 Power to punish for contempt
 Control over internal proceedings
2. Judicial Limitations:

 Cannot question proceedings

 Limited intervention in privileges
 Respect for parliamentary sovereignty
 Procedural autonomy of Parliament

4. LANDMARK CASES & DOCTRINES

1. Basic Structure Doctrine:

 Kesavananda Bharati Case (1973)

 Parliament cannot alter basic structure
 Judicial review power
 Constitutional supremacy

2. Judicial Review Cases:

 Golaknath Case (1967)

 Minerva Mills Case (1980)
 I.R. Coelho Case (2007)
 Privacy judgment (2017)

5. AREAS OF POTENTIAL CONFLICT

1. Legislative Override:

 Ninth Schedule laws

 Constitutional amendments
 Ordinance making
 Retrospective legislation

2. Judicial Activism:

 PIL jurisdiction
 Policy matters
 Legislative domain
 Directive Principles

20 landmark Supreme Court cases

1. Electoral Bonds Case (2024)

 Struck down Electoral Bonds scheme as unconstitutional

 Violated right to information under Article 19(1)(a)
  Ordered disclosure of political funding details

2. Bilkis Bano Case (2024)

 Quashed Gujarat government's remission order

 Ordered convicts to return to jail
 Held remission order was obtained by fraud

3. Adani-Hindenburg Case (2024)

 Found no regulatory failure by SEBI

 Rejected need for alternate investigation
 Upheld SEBI's jurisdiction

4. Article 370 Case (2023)

 Upheld abrogation of Article 370

 Validated reorganization of J&K
 Ordered elections by September 2024

5. Same-Sex Marriage Case (2023)

 Denied legal recognition to same-sex marriages

 Left matter to Parliament
 Recognized rights of LGBTQ+ community

HISTORICAL LANDMARK CASES:

6. Kesavananda Bharati Case (1973)

 Established Basic Structure doctrine

 Limited Parliament's power to amend Constitution
 Protected fundamental features

7. Maneka Gandhi Case (1978)

 Expanded Article 21 interpretation

 Established due process requirement
 Strengthened fundamental rights

8. S.R. Bommai Case (1994)

 Limited misuse of Article 356

 Protected federalism
 Set guidelines for President's rule

9. Vishaka Case (1997)

 Laid down sexual harassment guidelines
 Used international conventions
 Led to workplace harassment law

10. Indra Sawhney Case (1992)

 Upheld OBC reservations

 Excluded creamy layer
 Capped reservations at 50%

11. Justice K.S. Puttaswamy Case (2017)

 Declared privacy a fundamental right

 Limited government surveillance
 Protected digital rights

12. Triple Talaq Case (2017)

 Declared instant triple talaq unconstitutional

 Protected Muslim women's rights
 Led to legislative changes

13. Navtej Johar Case (2018)

 Decriminalized homosexuality
 Read down Section 377
 Protected LGBT rights

14. Shah Bano Case (1985)

 Upheld Muslim women's right to maintenance

 Led to Muslim Women Act
 Important personal law case

15. First Judges Case (1981)

 Established judicial appointment process

 Led to Collegium system
 Executive primacy in appointments

16. Second Judges Case (1993)

 Modified appointment process

 Established judicial primacy
 Strengthened independence

17. Minerva Mills Case (1980)

  Limited Parliament's amendment power
 Protected basic structure
 Balanced Parliament-Judiciary

18. Olga Tellis Case (1985)

 Right to livelihood under Article 21

 Protected pavement dwellers
 Expanded right to life

19. M.C. Mehta Case (1996)

 Environmental protection
 Public trust doctrine
 Polluter pays principle

20. Mohini Jain Case (1992)

 Right to education fundamental

 Led to RTE Act
 Expanded Article 21

HIGH COURTS IN INDIA

1. QUALIFICATIONS OF JUDGES (Article 217)

Essential Requirements:

1. Indian Citizen
2. Experience (any of these):
o Judge of District Court for 10 years
o Advocate in High Court for 10 years
o Distinguished jurist in President's opinion

Age Limits:

 Appointment before 62 years

 Retirement at 62 years
 No minimum age prescribed

2. APPOINTMENT PROCESS (Article 217)

Appointment Mechanism:

1. Collegium Process:
 oHC Collegium recommends names
oSC Collegium considers
oGovernment processes
oPresident appoints
2. Composition of HC Collegium:
o Chief Justice of HC
o Two senior-most judges
o Chief Minister
o Governor

Transfer Process (Article 222):

 President can transfer after SC consultation

 Based on SC Collegium recommendation
 Consent of judge not required

3. REMOVAL PROCESS (Article 217)

Grounds:

1. Proved misbehavior
2. Incapacity

Process:

 Same as Supreme Court judges

 Impeachment by Parliament
 Special majority required
 Presidential order needed

4. SALARIES & ALLOWANCES

Current Pay Structure:

 Chief Justice: ₹2.50 lakh/month

 Other Judges: ₹2.25 lakh/month
 Charged on Consolidated Fund of State
 Additional allowances applicable

5. JURISDICTION OF HIGH COURTS

A. ORIGINAL JURISDICTION

1. Civil Matters:
o Revenue matters
o Admiralty cases
o Probate proceedings
o Marriage and divorce
2. Criminal Matters:
o Sessions cases
o Special criminal cases
o Death references

B. WRIT JURISDICTION (Article 226)

Types of Writs:

1. Habeas Corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo Warranto

Scope:

 Wider than SC's jurisdiction

 Can issue for:
o Fundamental Rights
o Other legal rights
o Any public purpose

C. APPELLATE JURISDICTION

Civil Appeals:

 District court decisions

 Tribunals
 Statutory appeals

Criminal Appeals:

 Sessions court judgments

 Additional sessions courts
 Special courts
D. SUPERVISORY JURISDICTION (Article 227)

Powers over:

1. Subordinate courts
2. Tribunals
3. Administrative authorities

Nature:

 Administrative supervision
 Judicial control
 Performance monitoring

6. JUDICIAL INDEPENDENCE
Safeguards:

1. Constitutional Provisions:
o Security of tenure
o Fixed salary
o Independent appointments
o Protected jurisdiction
2. Administrative Independence:
o Control over staff
o Budget allocation
o Infrastructure management
o Rules and procedure

GRAM NYAYALAYAS ACT, 2008

Objective:
 Access to justice at grassroots
 Quick and affordable justice
 Reduce pendency in lower courts

Key Features:
 1. Structure:
o Established at Panchayat level
o Mobile courts concept
o Presided by Nyayadhikari
2. Jurisdiction:
o Both Civil and Criminal cases
o Monetary limit up to ₹2 lakhs
o Specified in First and Second Schedule
3. Powers:
o Summary procedures
o Local language usage
o Periodic circuits
o Conciliation powers
4. Appointment:
o State Government appoints
o Consultation with High Court
o First Class Judicial Magistrate qualification

Current Status:
 Implementation challenges
 Limited establishment
 Resource constraints
 Need for strengthening

2. JUDGES STANDARDS AND ACCOUNTABILITY BILL,

2010

Objectives:
 Judicial accountability
 Transparency in judiciary
 Complaint handling mechanism

Key Provisions:
1. Judicial Standards:
o Declaration of assets
o Code of conduct
o Professional ethics
o Transparency norms
2. Oversight Committee:
o National Oversight Committee
o State Oversight Committees
 o Investigation committees
3. Complaint Mechanism:
o Filing procedures
o Investigation process
o Action recommendations
o Appeal provisions
4. Penalties:
o Minor measures
o Major penalties
o Removal recommendation
o Disciplinary actions

Current Status:
 Bill lapsed
 Needs revival
 Ongoing debates
 Reform suggestions

3. NATIONAL LEGAL SERVICES AUTHORITY (NALSA)

Constitutional Basis:
 Article 39A
 Legal Services Authorities Act, 1987
 Fundamental right to justice

Structure:
1. Organizational Hierarchy:
o Supreme Court Legal Services Committee
o State Legal Services Authorities
o District Legal Services Authorities
o Taluk Legal Services Committees
2. Composition:
o Chief Justice of India (Patron-in-Chief)
o Senior Supreme Court Judge (Executive Chairman)
o Other judicial and non-judicial members

Functions:
1. Legal Aid:
o Free legal services
o Legal awareness
 o Legal literacy
o Para-legal training
2. Lok Adalats:
o Organization
o Implementation
o Monitoring
o Training
3. Legal Awareness:
o Legal literacy camps
o Publications
o Media campaigns
o Educational programs

Eligibility for Free Legal Services:

1. Categories:
o SC/ST members
o Women and children
o Industrial workmen
o Victims of disasters
o Disabled persons
o Custody cases
o Below poverty line
2. Income Limits:
o Annual income criteria
o State-specific variations
o Special categories
o Revision provisions

Recent Initiatives:
1. Digital Services:
o E-lok adalats
o Online legal aid
o Digital awareness
o Virtual consultations
2. Special Programs:
o Prison legal aid clinics
o Village legal care centers
o Legal literacy clubs
o Mobile legal services

GOVERNOR OF STATE

1. QUALIFICATIONS (Article 157 & 158)

Essential Requirements:

1. Indian Citizen
2. Minimum age: 35 years
3. Not member of Parliament/State Legislature
4. Not holding any office of profit
5. Not disqualified for election as MP/MLA

2. APPOINTMENT (Article 155)

Process:

 Appointed by President
 Pleasure doctrine applies
 5-year term normally
 Can be transferred/removed anytime

Constitutional Position:

 Head of State Executive

 Nominal head of state
 Acts on aid and advice of Council of Ministers
 Concurrent responsibility to Centre

3. EXECUTIVE POWERS (Article 154)

A. Constitutional Powers:

1. Appointment Powers:
o Chief Minister
o Council of Ministers
o Advocate General
o State Election Commissioner
o SPSC members
o Vice-Chancellors
2. Administrative Powers:
o Executive business rules
o Information from CM
o Seeking reports
o Administrative coordination

B. Discretionary Powers:

1. Formation of government
2. Dismissal of ministry
3. Dissolution of assembly
 4. Reporting to President
5. Reservation of bills

4. LEGISLATIVE POWERS (Article 168)

A. Regular Powers:

1. Summoning/Proroguing assembly
2. Dissolution of assembly
3. Address to legislature
4. Nominating members
5. Messages to houses

B. Law Making Powers:

1. Ordinance making (Article 213)

2. Bill assent/return/reservation
3. Special address
4. Joint session calling

5. FINANCIAL POWERS
1. Budget Related:
o Annual financial statement
o Money bills certification
o Contingency fund control
o Finance commission appointment
2. Fiscal Management:
o Financial emergencies
o Grants administration
o Audit reports
o Financial propriety

6. GOVERNOR'S ASSENT TO BILLS (Article 200)

Options Available:

1. Give assent
2. Withhold assent
3. Return for reconsideration
4. Reserve for President
5. Seek President's directions
Special Cases:

 Money Bills
 Constitutional amendment bills
 Bills affecting High Court powers
 Bills against national interest

7. JUDICIAL POWERS
1. Pardoning Powers (Article 161):
o Pardon
o Reprieve
o Respite
o Remission
o Commutation
2. Judicial Appointments:
o District judges
o Other judicial officers
o Public prosecutors

8. POWERS DURING PRESIDENT'S RULE (Article 356)

1. Administrative Control:
o Direct administration
o Executive functions
o Policy decisions
o Administrative orders
2. Legislative Authority:
o State legislature powers
o Ordinance making
o Budget approval
o Law implementation

9. LANDMARK CASES
1. S.R. Bommai Case (1994):
o Article 356 usage
o Floor test necessity
o Judicial review scope
o Federal safeguards
2. Nabam Rebia Case (2016):
o Governor's discretion
o Assembly proceedings
 o Constitutional limits
o Democratic principles

CHIEF MINISTER OF STATE

1. APPOINTMENT (Article 164)

Constitutional Provisions:

1. Appointed by Governor
2. Leader of majority party/coalition
3. Must be member of State Legislature
4. 6-month window to become member if not already

Process of Appointment:

1. After Assembly Elections:

o Clear majority: Straightforward
o Hung Assembly: Floor test required
o Coalition: Letters of support needed
2. Mid-term Appointment:
o Leadership change
o Coalition realignment
o No-confidence situations

2. POWERS & FUNCTIONS

A. Executive Powers:

1. Administrative Control:
o Head of state government
o Policy formulation
o Administrative decisions
o Bureaucracy management
2. Appointments:
o Council of Ministers
o Key bureaucratic posts
o Board/Corporation heads
o Special committees

B. Legislative Powers:

1. Assembly Related:
o Leader of House
o Legislative agenda
 o Bill introduction
o Policy statements
2. Legislative Control:
o Party discipline
o Whip implementation
o Committee formation
o Legislative priorities

3. RELATIONSHIP WITH GOVERNOR

A. Constitutional Relationship:

1. Aid and Advice:

o Principal advisor
o Cabinet decisions
o Policy matters
o Administrative issues
2. Communication Channel:
o Regular meetings
o Information sharing
o Progress reports
o Special situations

B. Specific Functions:

1. Government Formation:
o Ministry formation
o Portfolio allocation
o Ministry expansion
o Reshuffles
2. Administrative Matters:
o Appointments
o Ordinances
o Special powers
o Emergency situations

4. RELATIONSHIP WITH STATE LEGISLATURE

A. Legislative Leadership:

1. House Management:
o Business conduct
o Debate participation
o Question hour
o Policy statements
 2. Legislative Initiative:
o Bill introduction
o Budget presentation
o Resolution moving
o Legislative agenda

B. Parliamentary Functions:

1. Accountability:
o Questions answering
o Motion responses
o Committee cooperation
o Policy explanations
2. Legislative Control:
o Party discipline
o Vote management
o Coalition coordination
o Opposition handling

5. RELATIONSHIP WITH COUNCIL OF MINISTERS

A. Cabinet Leadership:

1. Formation:
o Minister selection
o Portfolio distribution
o Performance monitoring
o Reshuffles
2. Management:
o Cabinet meetings
o Policy coordination
o Conflict resolution
o Team building

B. Administrative Control:

1. Department Oversight:
o Performance review
o Policy implementation
o Coordination
o Problem resolution
2. Minister Management:
o Work allocation
o Performance evaluation
o Discipline maintenance
o Support provision
STATE LEGISLATURE: VIDHAN PARISHAD VS VIDHAN SABHA

Vidhan Sabha (Legislative Vidhan Parishad

Aspect Assembly) (Legislative Council)
Constitutional
Articles Articles 168-177 Articles 168-177, 169

Permanent body but can be Permanent body (not

Nature dissolved subject to dissolution)
Present only in 6 states
(UP, Bihar, Maharashtra,
Karnataka, Andhra
Current Status Present in all states Pradesh, Telangana)
Indirectly
Membership Directly elected by people elected/nominated
Max: 1/3rd of Assembly,
Size Max: 500, Min: 60 Min: 40
6 years (1/3rd members
Term 5 years retire every 2 years)

• Indian citizen• 30 years

• Indian citizen• 25 years age• age• Not holding office of
Not holding office of profit• profit• Sound mind• Not
Qualification Sound mind• Not bankrupt bankrupt
• 1/3rd by MLAs• 1/3rd
by local bodies• 1/12th
by graduates• 1/12th by
Direct election through teachers• 1/6th by
Election/Selection universal adult franchise Governor nomination
• Cannot originate• Can
only suggest/recommend
changes• Must return
Money Bills Can originate only in Assembly within 14 days
Limited role, cannot
Budget Has complete control reject/amend

No-Confidence Can be moved against Council

Motion of Ministers Cannot be moved
Has Speaker and Deputy Has Chairman and
Speaker/Chairman Speaker Deputy Chairman
 • Primary law-making body• • Secondary law-making
Complete financial control• body• Limited financial
Powers Control over executive powers• Advisory role
Can be created/abolished
by Parliament on state
Creation/Abolition Cannot be abolished request
• Delay bills up to 4
months• Special
• Can pass money bills• Can representation of
remove ministry• Can interests• Second
Special Powers create/abolish Council thought chamber
Deadlock
Resolution Has final say in deadlock No special provision

Relationship with Council of Ministers No direct control over

Executive responsible to Assembly executive

• Electoral reforms• Anti- • Relevance debates•

defection law• Women's Reform proposals•
Current Affairs reservation Creation demands
• Can only discuss
budget• 14 days delay
• Initiates money bills• Passes power• No amendment
Financial Powers budget• Controls public funds power
• Can delay ordinary
• Can initiate any bill• Final bills• 3 months delay
authority on bills• Can power• Cannot block
Legislative Process override Council money bills
Represents special
Representation Represents population directly interests

Dissolution Can be dissolved before term Cannot be dissolved

1/10th of total
Quorum 1/10th of total membership membership
Must meet every 6
Sessions Must meet every 6 months months

MLA VS MLC: COMPREHENSIVE COMPARISON

 MLA (Member of
Legislative MLC (Member of
Aspect Assembly) Legislative Council)
Constitutional Basis Article 168, 170 Article 168, 171
Age Requirement Minimum 25 years Minimum 30 years
6 years (1/3rd retire every
Term 5 years 2 years)
Indirect
election/nomination
Direct election by through different
Election Process voters categories

• 1/3rd by MLAs• 1/3rd by

local bodies• 1/12th by
All registered graduates• 1/12th by
voters in teachers• 1/6th nominated
Electorate constituency by Governor
Territorial No specific territorial
Constituency constituency constituency

• Can vote on
money bills• Can • Cannot vote on money
vote no-confidence bills• Cannot vote no-
motion• Can confidence motion•
Powers remove ministry Limited financial powers
Varies by state
population (60- Up to 1/3rd of Assembly
Number 500) strength (minimum 40)
Salary & Allowances Generally higher Slightly lower than MLAs
Presiding Officer Reports to Speaker Reports to Chairman
Role in Government
Formation Crucial role No direct role
Complete financial
Financial Powers powers Limited financial powers
House can be Continuous house, not
Dissolution dissolved subject to dissolution
Higher political
Political Significance significance Lower political significance
Popular Special interests’
Representation Nature representation representation
 • Indian citizen•
Registered voter• • Indian citizen• Special
Not holding office category qualifications•
of profit• Sound Not holding office of
mind• Not profit• Sound mind• Not
Qualification Requirements bankrupt bankrupt
Direct campaigning Limited campaigning
Campaign Process in constituency (indirect election)
All financial and
non-financial Restricted on financial
Voting Rights matters matters
Critical for
government
Party Position formation Not critical for government
To their respective
Accountability Directly to voters electoral college
Filled through normal
By-election Held if seat vacant process

• Resignation• • Resignation•
Disqualification• Disqualification• Term
Removal House dissolution completion
Can participate in
Special Powers CM election No role in CM election

SPEAKER OF STATE LEGISLATURE & CHAIRMAN OF

LEGISLATIVE COUNCIL

1. SPEAKER OF STATE LEGISLATURE

A. APPOINTMENT (Article 178)

1. Election Process:
o Elected by Legislative Assembly
o First meeting after general elections
o Simple majority required
o Pro tem Speaker conducts election
2. Eligibility:
o Must be member of Assembly
 o Usually from ruling party
o Experience in parliamentary affairs
o No specific constitutional qualifications
3. Term of Office:
o 5 years (Assembly term)
o Can be re-elected
o Continues till new Speaker takes charge
o Vacancy filled through election

B. REMOVAL (Article 179)

1. Process:
o Resolution for removal
o 14 days' notice required
o Simple majority needed
o Deputy Speaker presides
2. Grounds:
o Resolution by Assembly
o Voluntary resignation
o Ceasing to be member
o Disqualification
3. Special Provisions:
o Cannot be removed during dissolution
o Resignation to Deputy Speaker
o No confidence motion process

2. CHAIRMAN OF LEGISLATIVE COUNCIL

A. APPOINTMENT (Article 182)

1. Election Process:
o Elected by Council members
o Internal election
o Simple majority required
o Senior-most member conducts election
2. Eligibility:
o Must be Council member
o No specific party requirement
o Parliamentary experience preferred
o Constitutional qualifications same as MLC
3. Term of Office:
o Not fixed (Council permanent body)
o Continues till membership
o Can be re-elected
o Vacancy filled through election
B. REMOVAL (Article 183)

1. Process:
o Resolution for removal
o 14 days' notice
o Simple majority
o Deputy Chairman presides
2. Grounds:
o Council resolution
o Voluntary resignation
o Membership cessation
o Disqualification

3. COMPARATIVE ANALYSIS
A. Similarities:

1. Constitutional Position:
o Presiding officers
o Constitutional protection
o Independent functioning
o Administrative heads
2. Powers:
o House proceedings
o Discipline maintenance
o Administrative control
o Staff supervision

B. Differences:

1. Nature of House:
o Speaker: Dissoluble house
o Chairman: Permanent house
2. Term:
o Speaker: Fixed 5-year term
o Chairman: No fixed term

4. POWERS AND FUNCTIONS

A. Speaker:

1. Administrative:
o House administration
o Staff control
o Security arrangements
 o Facilities management
2. Procedural:
o Conducts proceedings
o Question admission
o Points of order
o Agenda setting
3. Disciplinary:
o Maintaining order
o Member discipline
o Gallery control
o Emergency powers

B. Chairman:

1. Administrative:
o Council administration
o Staff supervision
o Facility management
o Resource allocation
2. Procedural:
o Business conduct
o Question admission
o Debate regulation
o Time allocation

Chapter 3 Center & State Relations

Center-State Legislative Relations (Articles 245 to

255)

Introduction
 Legislative relations between the Center and States are governed by Part XI of the Indian
Constitution, specifically Articles 245 to 255.
 The Indian Constitution establishes a quasi-federal structure, where the Center has overriding
authority in legislative matters.
 The distribution of legislative powers is based on the Government of India Act, 1935.

Key Articles and Their Provisions

1. Article 245: Extent of Laws Made by Parliament and State
Legislatures

 Scope:
o Parliament can make laws for the whole or any part of India.
o State Legislatures can make laws for the whole or any part of the State.
 Territorial Jurisdiction:
o No law made by Parliament shall be invalid on the ground that it has extraterritorial
operation (laws can apply outside India if they have a nexus with India).
 Example: The Fugitive Economic Offenders Act, 2018, applies to offenders outside India.

2. Article 246: Subject-Matter of Laws Made by Parliament and State

Legislatures

 Three Lists in the Seventh Schedule:

o Union List (List I): 100 subjects (e.g., defense, foreign affairs, atomic energy).
o State List (List II): 61 subjects (e.g., police, public health, agriculture).
o Concurrent List (List III): 52 subjects (e.g., education, marriage, bankruptcy).
 Hierarchy of Authority:
o Parliament has exclusive power to legislate on Union List subjects.
o State Legislatures have exclusive power to legislate on State List subjects.
o Both can legislate on Concurrent List subjects, but in case of conflict, Parliament’s law
prevails (Article 254).

3. Article 247: Power of Parliament to Establish Additional Courts

 Parliament can establish additional courts for the better administration of laws related to Union
List subjects.
 Example: Special courts for offenses under the Prevention of Money Laundering Act (PMLA).

4. Article 248: Residuary Powers of Legislation

 Parliament has exclusive power to make laws on matters not enumerated in the State List or
Concurrent List.
 Residuary Powers:
o Include subjects like cybersecurity, space exploration, and artificial intelligence, which
were not envisioned during the drafting of the Constitution.
 Example: The Information Technology Act, 2000.
5. Article 249: Power of Parliament to Legislate on State List in
National Interest

 Conditions:
o If the Rajya Sabha passes a resolution by a two-thirds majority that it is necessary in
the national interest, Parliament can legislate on a State List subject.
 Duration:
o Such a law remains in force for 1 year and can be extended by 1 year at a time.
 Example: The Essential Commodities Act, 1955, was enacted to regulate the production and
supply of essential goods.

6. Article 250: Power of Parliament to Legislate on State List During

Emergency

 During a Proclamation of Emergency (Article 352), Parliament can legislate on subjects in the
State List.
 Duration:
o Such laws remain in force until 6 months after the emergency ceases.
 Example: During the 1975 Emergency, laws related to internal security were enacted by
Parliament.

7. Article 251: Inconsistency Between Laws Made by Parliament

Under Articles 249 and 250 and State Laws

 If a State law conflicts with a law made by Parliament under Articles 249 or 250, the
Parliamentary law prevails.

8. Article 252: Power of Parliament to Legislate for Two or More

States by Consent

 Conditions:
o If two or more States pass a resolution requesting Parliament to legislate on a State List
subject, Parliament can make laws for those States.
o Other States can adopt the law later by passing a resolution in their legislatures.
 Example: The Water (Prevention and Control of Pollution) Act, 1974.

9. Article 253: Legislation for Giving Effect to International

Agreements

 Parliament can make laws on any subject (including State List subjects) to implement
international treaties, agreements, or conventions.
  Example: The Environment Protection Act, 1986, was enacted to fulfill India’s obligations under
the Stockholm Conference, 1972.

10. Article 254: Inconsistency Between Union and State Laws

 Concurrent List:
o If a State law conflicts with a Union law on a Concurrent List subject, the Union law
prevails.
 Exception:
o If the State law has received the President’s assent, it prevails in that State, unless
Parliament enacts a law to override it.
 Example: The Kerala Education Bill, 1957, was challenged for inconsistency with Union laws.

11. Article 255: Requirements as to Recommendations and Previous

Sanctions

 Laws requiring the recommendation of the President or Governor are not invalid if the
recommendation is not obtained, provided the President or Governor gives assent later.

Key Features of Legislative Relations

1. Federal Features

 Clear division of powers between the Center and States.

 State Legislatures have exclusive authority over State List subjects.

2. Unitary Features

 Residuary powers are vested in the Center.

 Parliament can legislate on State List subjects under certain conditions (Articles 249, 250, 252,
253).
 Governor’s role: Governors act as agents of the Center in State legislatures.

Focus Areas
Current Affairs Connections

 GST (Goods and Services Tax):

o A Concurrent List subject requiring cooperation between the Center and States.
  Farm Laws (2020):
o Controversy over whether agriculture (a State List subject) was encroached upon by the
Center.

Important Statistics

 Union List: 100 subjects.

 State List: 61 subjects.
 Concurrent List: 52 subjects.

Relevant Government Schemes

 One Nation, One Ration Card: Requires coordination between the Center and States.
 National Education Policy (NEP), 2020: A Concurrent List subject requiring joint efforts.

Distribution of Legislative Subjects in India

Introduction
 The Seventh Schedule of the Indian Constitution delineates the distribution of legislative powers
between the Union and State legislatures.
 It consists of three lists:
o Union List
o State List
o Concurrent List
 This distribution is crucial for maintaining the federal structure of governance in India.

1. Union List (List I)

Definition

 The Union List contains subjects on which only the Parliament of India can legislate.

Number of Subjects

 Total Subjects: 100

Key Features

 Exclusive Authority: Only the Union Parliament can make laws on these subjects.
  National Importance: Subjects are of national significance and require uniform legislation across
the country.

Important Subjects in the Union List

 Defense: Army, Navy, Air Force, and related matters.

 Foreign Affairs: Diplomatic relations, treaties, and international agreements.
 Atomic Energy: Regulation and development of atomic energy.
 Banking: Regulation of banking and financial institutions.
 Inter-State Trade and Commerce: Regulation of trade between states.

Examples of Union Laws

 The Indian Penal Code, 1860: A comprehensive criminal code applicable across India.
 The Foreign Exchange Management Act, 1999: Regulates foreign exchange transactions.

2. State List (List II)

Definition

 The State List contains subjects on which only the State Legislatures can legislate.

Number of Subjects

 Total Subjects: 61

Key Features

 Exclusive Authority: Only the State Legislatures can make laws on these subjects.
 Local Relevance: Subjects are primarily of local or regional importance.

Important Subjects in the State List

 Police: Maintenance of public order and police forces.

 Public Health: Sanitation, hospitals, and health services.
 Agriculture: Agricultural education, protection of plants and animals.
 Land: Land use, land tenure, and land improvement.
 Local Government: Establishment and regulation of local bodies.

Examples of State Laws

 The Maharashtra Land Revenue Code, 1966: Governs land revenue in Maharashtra.
 The Tamil Nadu Panchayats Act, 1994: Regulates the functioning of local self-governments in
Tamil Nadu.
3. Concurrent List (List III)
Definition

 The Concurrent List contains subjects on which both the Parliament and State Legislatures can
legislate.

Number of Subjects

 Total Subjects: 52

Key Features

 Shared Authority: Both levels of government can make laws, but in case of conflict, the Union
law prevails.
 Cooperative Federalism: Encourages cooperation between the Center and States.

Important Subjects in the Concurrent List

 Education: Establishment and regulation of educational institutions.

 Marriage and Divorce: Laws related to marriage, divorce, and adoption.
 Bankruptcy and Insolvency: Regulation of bankruptcy and insolvency matters.
 Economic and Social Planning: Planning for economic development and social welfare.
 Trade Unions: Regulation of trade unions and industrial relations.

Examples of Concurrent Laws

 The Right to Information Act, 2005: Promotes transparency and accountability in governance.
 The Indian Contract Act, 1872: Governs contracts in India, applicable to both Union and State
jurisdictions.