UNIT-3

CONSTITUTIONAL INSTITUIONS AND CITIZEN’S ROLE

CHAPTER-4

PARLIAMENTARY AND CONSTITUIONAL INSTITUTIONS:

LEGISLATURE: RAJYA SABHA

Indian Parliament consists of Lok Sabha, Rajya Sabha and the President of India. Rajya Sabha is the upper house of
the parliament and is termed as House of Elders in Indian Parliament. Rajya Sabha is the second chamber of the
parliament and represents the states and union territories of the nation. It is empowered to protect the interests
of the states and union territories if there is an interference by the centre in their work.

Composition of Rajya Sabha

Maximum Strength – 250 238 represent States & Union Territories

12 are nominated by the president

Current Strength – 239 (6 Vacancies) Total – 225 members represent the states
245

8 members represent the union territories

12 members are nominated by the

president

Note: Fourth Schedule of Indian Constitution deals with allocation of seats in Rajya Sabha

Rajya Sabha Elections

There are three types of representation in Rajya Sabha :

Representation of States in Rajya Sabha:

• Members are elected by the elected members of state legislative assemblies

• Election Principle used – Proportional Representation by means of Single Transferable Vote
• The population of the state is a factor that decides the representation of states in Rajya Sabha
Representation of Union Territories in Rajya Sabha:
 • Members of Rajya Sabha belonging to Union Territories are indirectly elected by members of an electoral
college, that is constituted for this purpose
• Election Principle used – Proportional Representation by means of Single Transferable Vote
Note: Out of 8 union territories, Delhi, Puducherry and Jammu and Kashmir have representation in Rajya Sabha.

Representation of Nominated Members in Rajya Sabha:

12 people are nominated by the President in Rajya Sabha for their contribution and expertise in the fields of:

• Art
• Literature
• Science
• Social Service
Facts related to Rajya Sabha elections in UPSC:

Two changes were made to Rajya Sabha election in 2003:

1. To be elected as a Rajya Sabha member from a particular state, the requirement to be an elector from
that state was removed.
2. System of the open ballot was introduced in place of secret ballot system.
ndian Vice-President is an ex-officio chairman of Rajya Sabha, while the deputy chairman of Rajya Sabha is one
who is elected from amongst Rajya Sabha members. The details on Rajya Sabha Chairman and Deputy Chairman
are given in the table below:

Details Rajya Sabha Chairman Rajya Sabha Deputy Chairman

Role He presides the upper house He presides the upper house whenever
given-below conditions arise:

• Seat of chairman falls vacant

• When Chairman/Vice-President has
to act as President
• When Chairman is absent from the
sitting
Note: In all three cases, Deputy Chairman of
Rajya Sabha has all the powers of Chairman
of Rajya Sabha

Removal He can be removed as the He can be removed by a resolution passed

chairman of Rajya Sabha only by a majority of all the members of the
when he is removed from the Rajya Sabha
seat of Vice-President of India Note: The resolution to remove him can be
Note: While the resolution is moved only after giving 14 days’ advance
moved, he can’t preside the notice
house as chairman, though he
can be a part of the house, speak
 in the house

Is he a No Yes
member of
the house?

Can he vote He cannot vote in the first When he presides as the chairman, he too
in the instance cannot vote in the first instance but can
house? Note: He can vote in the case of exercise casting vote in case of a tie
an equality of votes Note: When Chairman is present in the
house, Deputy Chairman is an ordinary
member in the house and can speak,
participate in proceedings and even vote in
the questions of house

Salary Fixed by Parliament Fixed by Parliament

Note: His salary is charged on the Note: His salary is charged on Consolidated
Consolidated Fund of India. Fund of India
(Read more about funds of
India in the linked article)
Note: When Chairman of the
house has to act as President of
India, he is not entitled to a
salary of Chairman of Rajya
Sabha but of President of India

LOK SABHA:

Lok Sabha is the first chamber of the parliament and represents the people of India as a whole. The members
elected by universal adult suffrage are part of Lok Sabha

Composition of Lok Sabha

Maximum Strength – 552 530 represent the States

20 are the representatives of Union Territories

2 are nominated from the President from Anglo-Indian Community

Current Strength – 542 530 represent States

20 represent Union Territories

 2 are nominated from the President from Anglo-Indian Community

Lok Sabha Elections

The members of Parliament (MPs) are elected/appointed from states, union territories or are appointed from a
field of particular expertise. The elections to Lok Sabha occur every 5 years in the name of general elections.
The Constitution of India has adopted universal adult franchise as a basis of elections to the Lok Sabha and the
state legislative assemblies.

Representation of States in Lok Sabha:

• Members are directly elected by the people from the territorial constituencies in the states
• Election Principle used – Universal Adult Franchise
• Eligibility to Vote: Any Indian Citizen of/above 18 years of age
Note: Voting age was reduced from 21 to 18 years by the 61st Constitutional Amendment Act, 1988.

Representation of Union Territories in Lok Sabha:

• Parliament is empowered to choose the members from the UTs in any manner as it desires
• Election Principle used – Direct Election
Note: Union Territories (Direct Election to the House of the People) Act, 1965, has been enacted by which the
members of Lok Sabha from the union territories are chosen by direct election.

Representation of Nominated Members in Lok Sabha:

President nominates 2 members from Anglo-Indian Community if they are not adequately represented.

Note: The provision to nominate Anglo-Indians was extended till 2020 by 95th Amendment Act, 2009.

The speaker of Lok Sabha is a member who elected from amongst the members of the house. He chairs the house
and no proceedings in the house take place in his absence.

EXECUTIVE

The executive is growing in importance as it provides leadership to the government. With the ever-widening
sphere of its activities, the executive has naturally become the most important branch of government formally,
supremacy may rest with the legislature but in practice, it is the executive which is all-important. The Ministries
and the department helps running the government successfully along with the bureaucracy and the legislature.

Union Executive (Article 52-78)

The union executive of Indian polity is a part of the political executive, that comprises three important posts:

1. President (Article 52-62)

 2. Prime Minister & Council of Ministers (Article 74-75 & Article 78)
3. Attorney-General of India (Article 76)

State Executive (Article 153-167)

The state executive of Indian Polity is also a part of the political executive that comprises three important posts:

1. Governor (Article 153-161)

2. Chief Minister & Council of Ministers (Article 164-167)
3. Advocate-General of State (Article 165 and 177)

PRESIDENT:

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

How is President elected?

There is no direct election for the Indian President. An electoral college elects him. The electoral college
responsible for President’s elections comprises elected members of:

1. Lok Sabha and Rajya Sabha

2. Legislative Assemblies of the states (Legislative Councils have no role)
3. Legislative Assemblies of the Union Territories of Delhi and Puducherry
Once President is elected, he holds office for five years. He sits in the office even after the completion of five years
given no new election has taken place or no new President has been elected till then. He can also be re-elected
and there is no cap on his re-election.

What are the qualifications of the President?

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

1. He should be an Indian Citizen

2. His age should be a minimum of 35 years
3. He should qualify the conditions to be elected as a member of the Lok Sabha
4. He should not hold any office of profit under the central government, state government, or any public
authority

What are the conditions of the President’s office?

There are a few conditions for the candidate running for the President’s elections:

1. He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either of the house, he
should vacate the seat on his first day as President in the office
 2. He should not hold any office of profit
3. For his residence, Rashtrapati Bhavan is provided to him without the payment of rent
4. Parliament decides his emoluments, allowances and privileges
5. Parliament cannot diminish his emoluments and allowances during his term of office
6. He is given immunity from any criminal proceedings, even in respect of his personal acts
7. Arrest or imprisonment of the President cannot take place. Only civil proceedings can be initiated for his
personal acts that too after giving two months’ of prior notice.
The only condition for the initiation of impeachment of the Indian president is the ‘violation of the constitution.’

Executive Powers of President

1. For every executive action that the Indian government takes, is to be taken in his name
2. He may/may not make rules to simplify the transaction of business of the central government
3. He appoints the attorney general of India and determines his remuneration
4. He appoints the following people:
1. Comptroller and Auditor General of India (CAG)
2. Chief Election Commissioner and other Election Commissioners
3. Chairman and members of the Union Public Service Commission
4. State Governors
5. Finance Commission of India chairman and members
5. He seeks administrative information from the Union government
6. He requires PM to submit, for consideration of the council of ministers, any matter on which a decision
has been taken by a minister but, which has not been considered by the council
7. He appoints National Commissions of:
1. Scheduled Castes (Read about National Commission for Scheduled Castes in the linked article.)
2. Scheduled Tribes Read about (National Commission for Scheduled Tribes in the linked article.)
3. Other Backward Classes (Read about National Commission for Backward Classes in the linked
article.)
8. He appoints inter-state council
9. He appoints administrators of union territories
10. He can declare any area as a scheduled area and has powers with respect to the administration of
scheduled areas and tribal areas

Legislative Powers of President

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

2. He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
3. He addresses the Indian Parliament at the commencement of the first session after every general election
4. He appoints speaker, deputy speaker of Lok Sabha, and chairman/deputy chairman of Rajya Sabha when
the seats fall vacant (to know the difference between Lok Sabha and Rajya Sabha check the linked article.)
5. He nominates 12 members of the Rajya Sabha
6. He can nominate two members to the Lok Sabha from the Anglo-Indian Community
7. He consults the Election Commission of India on questions of disqualifications of MPs.
8. He recommends/ permits the introduction of certain types of bills (to read on how a bill is passed in the
Indian Parliament, check the linked article.)
 9. He promulgates ordinances
10. He lays the following reports before the Parliament:
1. Comptroller and Auditor General
2. Union Public Service Commission
3. Finance Commission, etc.

Financial Powers of President

1. To introduce the money bill, his prior recommendation is a must

2. He causes Union Budget to be laid before the Parliament
3. To make a demand for grants, his recommendation is a pre-requisite
4. Contingency Fund of India is under his control
5. He constitutes the Finance Commission every five years

Judicial Powers of President

1. Appointment of Chief Justice and Supreme Court/High Court Judges are on him
2. He takes advice from the Supreme Court, however, the advice is not binding on him
3. He has pardoning power: Under article 72, he has been conferred with power to grant pardon against
punishment for an offence against union law, punishment by a martial court, or death sentence.
Note: Pardoning powers of the president includes the following types:

• Pardon with the grant of pardon convicts both conviction and sentence completely absolved
• Commutation with this nature of the punishment of the convict can be changed
• Remission reduces the term of the imprisonment
• Respite awards lesser punishment than original punishment by looking at the special condition of a
convict
• Reprieve stays the execution of the awarded sentence for a temporary period

Diplomatic Powers of President

1. International Treaties and agreements that are approved by the Parliament are negotiated and concluded
in his name
2. He is the representative of India in international forums and affairs

Military Powers of President

He is the commander of the defence forces of India. He appoints:

1. Chief of the Army

2. Chief of the Navy
3. Chief of the Air Force

Emergency Powers of President

He deals with three types of emergencies given in the Indian Constitution:
 1. National Emergency (Article 352)
2. President’s Rule (Article 356 & 365)
3. Financial Emergency (Article 360)

PRIME MINISTER AND COUNCIL OF MINISTERS:

Article 75 of the Indian Constitution mentions that a Prime Minister is one who is appointed by the President.
There is no specific procedure for his election or appointment. Article 74(1) states that there shall be a Council of
Ministers with a Prime Minister at the head to aid and advise the President. Thus, the Indian Constitution itself
recognizes a Council of Ministers.

President of India appoints a person as the Prime Minister who is either the leader of the party which holds a
majority of seats in the Lok Sabha or is a person who is able to win the confidence of the Lok Sabha by gaining the
support of other political parties. All other ministers are appointed by the President on the advice of the Prime
Minister.

Power and Function of Prime Minister

Prime Minister of India serves the country by following various functions. He performs his functions taking
responsibilities as:

• The leader of Country: The Prime Minister of India is the Head of the Government of India.
• Portfolio allocation: The Prime Minister has the authority to assign portfolios to the Ministers.
• Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides the meetings of
the Cabinet. He can impose his decision if there is a crucial opinion difference among the members.
• Official Representative of the country: Prime minister represents the country for high-level international
meetings
• The link between the President and the Cabinet: The Prime Minister acts as the link between President
and cabinet. He communicates all decisions of the Cabinet to the President which is related to the
administration of the affairs of the Union and proposals for legislation.
• Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog, Appointments
Committee of the Cabinet, Department of Atomic Energy, Department of Space and Ministry of
Personnel, Public Grievances and Pensions.
• Chief Advisor: He acts as the chief advisor to the President
Like Prime Minister is the head of Union Parliament, the Chief Minister is the head of state parliament. Read more
about the Chief Minister & Council of Ministers in the linked article

Who is eligible to be a Prime Minister?

To become an Indian prime minister one has to be

• A citizen of India.
• A member of either Rajya Sabha or Lok Sabha
• He should have completed his 30 years if he is a member of the Rajya Sabha or can be 25 years of age if
he is a member of the Lok Sabha
Two articles – Article 74 and Article 75 of the Indian Constitution deal with the Council of Ministers. Where article
74 mentions that the council will be headed by the Prime Minister of India and will aid and advise the President,
article 75 mentions the following things:

• They are appointed by the President on the advice of Prime Minister

• They along with the Prime Minister of India form 15% of the total strength of the lower house i.e. Lok
Sabha. (The number cannot exceed 15%)
• 91st Amendment Act provided for the disqualification of the minister when he stands disqualified as a
member of Parliament. (Difference between Lok Sabha and Rajya Sabha can be referred to in the linked
article.)
• A Minister ceased to exist as one if he is not a member of either house of Parliament for six consecutive
months.
• Parliament decides the salary and allowances of the council of ministers.

STATE EXECUTIVE:

The state executive is made up of the Governor, Chief Minister, Council of Ministers, and Advocate-General of
State. Governor, as President, heads the state government. Article 153-167 in the Indian Constitution deal with the
provisions related to the state governments of the country.

Governor is a nominal executive head of the state. He forms an important part of the state executive where he
acts as the chief executive head. Central Government nominates the governor for each state.

How is a Governor Appointed?

The Indian President appoints Governor for each state by warrant under his hand and seal. Central Government is
responsible to nominate the governor for each state.

Note:

• Unlike elections of the President, there is no direct or indirect election for the post of Governor.
• The office of a governor is not a part of the union executive and is an independent constitutional office.
The governor doesn’t serve the union government and neither is subordinate to it.
• The nomination of a governor by the Union and his appointment by the President in India is based on the
Canadian model of government.

What is the term of the Governor’s office?

Since the Governor holds the office under the pleasure of the President, his office has no fixed term. President can
remove the Governor and the grounds upon which he may be removed are not laid down in the constitution.

Governor may also get transferred from one state to another by the President. He also can be reappointed.

Note:

• An interregnum is not allowed; following which a Governor may sit in the office beyond 5 years (expiry of
the term) till the new governor assumes the charge of the office.
 • At President’s discretion, the Chief Justice of the High Court of the concerned state can also be appointed
as the Governor on a temporary basis when and how the President thinks fit. (Example – On the
governor’s death, Chief Justice of HC can be appointed as the governor.)

Who is qualified to become a Governor?

Unlike Lok Sabha or Rajya Sabha members or even in the case of Prime Minister or President who have a set of
qualifications to meet to hold the office; Governor has to meet only two qualifications:

1. He should be an Indian Citizen

2. He should be 35 years old or more
Note: There are two conventions that the government follows before nominating a person as a Governor:

1. That person is not appointed as the governor who belongs to the state. He shall be an outsider having no
relation with the state he is being appointed to.
2. Consultation of the Chief Minister is taken by the President before appointing a governor
It should also be noted that both the above conventions are not absolute and have been ignored by the union
government in many instances.

What are the conditions of his office?

There are a few conditions for a person to be appointed as a Governor:

1. He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either of the house, he
should vacate the seat on his first day as Governor in the office.
2. He should not hold any office of profit.
3. For his residence, Raj Bhavan is provided to him without the payment of rent.
4. Parliament decides his emoluments, allowances, and privileges.
5. When a governor is responsible for two or more states, the emoluments and allowances payable to him
are shared by the states in such proportion as the President may determine.
6. Parliament cannot diminish his emoluments and allowances during his term of office.
7. He is given immunity from any criminal proceedings, even in respect of his personal acts
8. Arrest or imprisonment of the Governor cannot take place. Only civil proceedings can be initiated for his
personal acts that too after giving two months’ of prior notice.

What are the powers and functions of the Governor?

Executive Powers of the Governor

The following comes under his executive powers:

1. Every executive action that the state government takes, is to be taken in his name.
2. How an order that has been taken up his name is to be authenticated, the rules for the same can be
specified by the Governor.
3. He may/may not make rules to simplify the transaction of the business of the state government.
4. Chief Ministers and other ministers of the states are appointed by him.
5. It is his responsibility to appoint Tribal Welfare Minister in the states of:
1. Chattisgarh
 2. Jharkhand
3. Madhya Pradesh
4. Odisha
6. He appoints the advocate general of states and determines their remuneration
7. He appoints the following people:
1. State Election Commissioner
2. Chairman and Members of the State Public Service Commission
3. Vice-Chancellors of the universities in the state
8. He seeks information from the state government
9. A constitutional emergency in the state is recommended to the President by him.
10. The governor enjoys extensive executive powers as an agent of the President during the President’s
rule in the state.

Legislative Powers of the Governor

The following are the legislative powers of the governor:

1. It’s in his power to prorogue the state legislature and dissolve the state legislative assemblies
2. He addresses the state legislature at the first session of every year
3. If any bill is pending in the state legislature, Governor may/may not send a bill to the state legislature
concerning the same
4. If the speaker of the legislative assembly is absent and the same is Deputy Speaker, then Governor
appoints a person to preside over the session
5. As President nominates 12 members in Rajya Sabha, Governor appoints ⅙ of the total members of the
legislative council from the fields of:
1. Literature
2. Science
3. Art
4. Cooperative Movement
5. Social Service
6. As President nominates 2 members in the Lok Sabha, Governor nominates 1 member in state legislative
assembly from Anglo-Indian Community.
7. He can consult Election Commission for the disqualification of members
8. With respect to the bill introduced in the state legislature, he can:
• Give his assent
• Withhold his assent
• Return the bill
• Reserve the bill for the President’s consideration (In instances where the bill introduced in the
state legislature endangers the position of state High Court.)
Similar Topic: How a bill is passed in the Indian Parliament

Note: Governor can reserve the bill for the President’s consideration in the following cases:

• When provisions mentioned in the bill violates the constitution (Ultra-Vires)

• When provisions mentioned in the bill oppose Directive Principles of State Policy
 • When provisions mentioned in the bill hinders the larger interests of the country
• When provisions mentioned in the bill concern the national importance
• When provisions mentioned in the bill mention the acquisition of property that is dealt with Article 31A in
the constitution. (Read more about important articles in the Indian Constitution in the linked article.)
Also,

1. An ordinance can be promulgated by him when either the Legislative Assembly or Council
(Unicameral/Bicameral) are not in session. (Read the Ordinance Making Power of President & Governor in
the linked article.)
2. The following reports are laid by him:
1. State Finance Commission
2. State Public Service Commission
3. Comptroller and Auditor General (Concerning the state finance)

Financial Powers of the Governor

The following are the financial powers and functions of the Governor:

1. He looks over the state budget being laid in the state legislature
2. His recommendation is a prerequisite for the introduction of a money bill in the state legislature
3. He recommends for the demand for grants which otherwise cannot be given
4. Contingency Fund of State is under him and he makes advances out that to meet unforeseen expenditure.
(Download the notes on the types of funds in India from the linked article.)
5. State Finance Commission is constituted every five years by him. (Read about the Finance Commission of
India in the linked article.)

Judicial Powers of the Governor

The following are the judicial powers and functions of the Governor:

1. He has the following pardoning powers against punishment:

1. Pardon
2. Reprieve
3. Respite
4. Remit
5. Commute
2. President consults the Governor while appointing judges of High Court.
3. In consultation with the state High Court, Governor makes appointments, postings, and promotions of the
district judges.
4. In consultation with the state high court and state public service commission, he also appoints persons to
the judicial services.

State Legislature – Legislative Assembly

The Legislative Assembly is the popularly elected chamber and is the real Centre of power in a State. The maximum
strength of an assembly must not exceed 500 or its minimum strength fall below 60. But some of the States have
been allowed to have smaller Legislative Assemblies, e.g. Sikkim, Arunachal Pradesh, Goa, etc.
The territorial constituencies demarcation should be done as far as possible, such that the ratio between the
population of each constituency and the number of seats allotted to it is the same all over the State.

Apart from these general provisions, there are also special provisions with respect to the representation of SC and
ST. In case the Governor feels that the Anglo-Indian community is not adequately represented, he can nominate
one member of that community to the assembly.

State Legislature – Legislative Council

The Legislative Council of a State Comprises not more than one-third of the total number of members in the
Legislative Assembly of the State and in no case less than 40 members. However, in Jammu and Kashmir, the
strength is only 36. The system of the composition of the Council as provided for in the Constitution is not final.
The final power is given to the Parliament of the Union. But until the Parliament legislates on the subject, it shall
be as provided for in the Constitution, which is described below:

Duration of Legislative Assembly & Legislative Council

It will be a partly nominated and partly elected body, the election being an indirect one and in accordance with the
principle of proportional representation by the single transferable vote. The members being drawn from various
sources, the Council shall have a variegated composition. Broadly speaking 5/6 of the total number of members of
the Council shall be indirectly elected and 1/6 will be nominated.

The duration of the Legislative Assembly is five years. The Governor has the power to dissolve the Assembly even
before the expiry of its term. The period of five years, may, while a proclamation of emergency is in operation, be
extended by the Parliament by law for a period not exceeding one year at a time and not extending in any case
beyond a period of six months after proclamation has ceased to operate (Article 172(1)). Unlike the Legislative
Assembly, the Legislative Council is not subject to dissolution. It is a permanent body unless abolished by the
Legislative Assembly and Parliament by the due procedure. But no person can be a permanent member of the
Council as one-third of the members of the Council retire on the expiry of every second year. It amounts to a term
of six years for each member. There is no bar on a member getting re-elected on the expiry of his term.

(a) one-third of the total number of members of the Council would be elected by electorates consisting of
members of local bodies like the municipalities and the district boards.
(b) one-twelfth of the members would be elected by electorates comprising of graduates of the standing of three
years dwelling in that particular state.

(c) one-twelfth of the members would be elected by electorates consisting of teachers who have been in the
teaching profession for at least 3 years in educational institutes in that state, which are not lower than secondary
schools in the standard.
(d) one-third would be elected by members of the Legislative Assembly from amongst people who are not
Assembly members.
(e) The rest would be nominated by the Governor from persons having knowledge or practical experience in
matters like science, literature, cooperative movement, art and social service. (The Courts can’t question the
propriety or bonafide of the Governor’s nomination.)

Qualifications of Members of Legislative Assembly

A person shall not be qualified to be selected to occupy a seat in the Legislature of a State unless he/she
(a) is an Indian citizen;
(b) is 25 years or above for Legislative Assembly, and is 30 or above for Legislative Council, and
(c) possess such other qualifications as may be prescribed by the Parliament.

Thus, the Representation of the People Act, 1951, has provided that a person shall not be elected either to the
Legislative Assembly or the Council unless he is himself an elector for any Legislative Assembly constituency in that
State. A person can be disqualified for being selected as and for being a member of the Legislative Assembly or
Legislative Council of a State if he/she
(a) holds an office of profit under GOI or any State Government, other than that of a Minister at the centre or any
state or an office declared by a law of the State not to disqualify its holder (many States have passed such laws
declaring certain offices to be offices the holding of which does not disqualify its holder for being a member of the
Legislature of that States)
(b) is mentally unsound as declared by a competent Court
(c) is an undischarged insolvent
(d) is not an Indian citizen or has voluntarily got the citizenship of a foreign State or is under any acknowledgement
of adherence/allegiance to a foreign nation
(e) is so disqualified by or under any law made by Parliament

Thus, the Representation of the People Act, 1951, has laid down some grounds of disqualification, like conviction
by a Court, having been found guilty of electoral malpractice, being a manager or director of a corporation in which
Government possesses a financial interest. Article 192 says that if any question arises as to whether a member of a
House of the Legislature of a State has become subject to any of the disqualifications mentioned above, the matter
will be referred to the Governor of the state who has to act in accordance with the opinion of the Election
Commission. His decision is final and not liable to be questioned in Court.

Who are the officers of the state legislature?

Facts about Speaker & Deputy Speaker:

1. A Speaker vacates his office if he ceases to be a member of the Assembly.

2. He may also resign his office at any time.
3. A speaker may be removed from office by a resolution of the Assembly passed by a majority of all the
then members of the Assembly after fourteen days’ notice of the intention to move such a resolution.
4. Speaker does not vacate his office on the dissolution of the Assembly.
5. He continues to be the Speaker until immediately before the first sitting of the Assembly after the
dissolution.
6. While the office of the Speaker is vacant, the Deputy Speaker performs his duties.
7. The duties and powers of the Speaker are, broadly speaking the same as those of the Speaker of the
House of the People (Lok Sabha).
To know the difference between Lok Sabha and Rajya Sabha, check the linked article.

Facts about Chairman & Deputy Chairman:

1. The Council chooses from amongst its members a Chairman and a Deputy Chairman.
2. Both vacate their offices if they cease to be members of the Council or resign from its membership.
3. They can also be removed by a resolution of the Council passed by a majority of all the then members of
the Council, provided fourteen days notice to move such resolution of removal has been given.
 4. When the resolution for removal is under discussion against the Chairman or the Deputy Chairman, the
concerned person shall not preside at the sitting of the Council, although he may be present at such a
sitting and has the right to speak in, and otherwise to take part in the proceedings of the Council.
5. He shall be entitled to vote only in the first instance on such resolution or on any other matter during such
proceedings.
6. In case of an equality of votes, he does not exercise a casting vote to which he is otherwise entitled under
Article 189.
7. The Chairman presides at all sittings of the Council and in his absence the Deputy Chairman.
8. During the absence of both the Chairman and the Deputy Chairman, such other person as may be
determined by the rules of procedure of the Council shall preside; or, if no such person is present, such
other person as may be determined by the Council shall act as Chairman.
9. While the office of the Chairman is vacant, the duties of his office are performed by the Deputy Chairman.
If the office of the Deputy Chairman is also vacant, such member of the Council as the Governor may
appoint shall perform all such duties connected with the office of the Chairman.

Powers & Functions of State Legislature

The functions of the states’ Legislative Council are only advisory in nature. If any Bill is passed by the Legislative
Assembly and sent to the Council, and the Council refuses to give its approval, then the Assembly has the right to
reconsider it. The assembly may pass it with or without the amendments proposed by the Council, and again send
it to the Council. When a bill approved by the Assembly is sent to the Council for the first time, it may retain it for
three months, but in the case when it is sent for the second time and is kept in the Council for one month only, the
bill is deemed as having been passed. This evidently demonstrates the Assembly’s absolute superiority over the LC.
In the case of Money Bills, the State Assembly’s powers are the same as those of the Lok Sabha. It is evident that
the position of the Vidhan Parishad is haplessly weak. Even, in theory, it cannot be compared to the Rajya Sabha
that, in spite of being the upper chamber of the Union Legislature, has some effective powers.

JUDICIARY:

SUPREME COURT:

The Supreme Court of India is the country’s highest judicial court. It is the final court of appeal in the country.

Supreme Court History

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

Supreme Court of India – Functions

 • It takes up appeals against the verdicts of the High Courts, other courts and tribunals.
• It settles disputes between various government authorities, between state governments, and between
the centre and any state government.
• It also hears matters which the President refers to it, in its advisory role.
• The SC can also take up cases suo moto (on its own).
• The law that SC declares is binding on all the courts in India and on the Union as well as the state
governments.

Supreme Court Jurisdiction

The jurisdiction of the SC is of three types:

1. Original – Read in detail about Original Jurisdiction of the Supreme Court in the linked article.
2. Advisory – Notes on Advisory Jurisdiction of the Supreme Court are given in the linked article.
3. Appellate

Supreme Court Composition

• Including the CJI, there are 34 judges in the Supreme Court.

• The judges sit in benches of 2 or 3 (called a Division Bench) or in benches of 5 or more (called a
Constitutional Bench) when there are matters of fundamental questions of the law is to be decided.

he Procedure of the Supreme Court of India

The Supreme Court of India has powers to consult the President to regulate the practice and procedure of the
Court.

The Constitutional Cases are usually decided by a bench consisting of five judges whereas other cases are decided
by a bench of at least three judges.

The seat of Supreme Court

As per the Constitution of India, Delhi is declared as the seat of the Supreme Court of India. However, the Chief
Justice of India has the power to assign another place (s) as the seat of the Supreme Court. This is only an optional
provision and not mandatory.

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

1. he/she has been a judge of one or more High Courts, for at least 5 years, or
2. he/she has been an advocate in one or more High Courts for at least 10 years, or
3. he/she is in the opinion of the President, a distinguished jurist.
Independence of Judiciary

The Constitution has many provisions to ensure the judiciary’s independence. They are discussed below:
 1. Security of tenure: The judges of the SC are given security of tenure. Once appointed, they will retain their
office until the age of 65 years. They can be removed only by a presidential order on grounds of proven
misbehaviour and/or incapacity. This requires a Special Majority according to Article 368. Read more
about the types of majorities in Parliament in the linked article.
2. Salaries and allowances: The judges of the SC enjoy good salaries and allowances and these cannot be
decreased except in the case of a financial emergency. The expenses of the High Court are charged on the
Consolidated Fund of the State, which is not subject to vote in the state legislature.
3. Powers and Jurisdiction: The SC’s powers and jurisdiction can only be added by the Parliament and not be
curtailed.
4. The conduct of any judge of the Supreme Court in the discharge of his/her duties cannot be discussed in
the legislature.
5. The SC has the powerto punish any person for its contempt, as per Article 129. (Read about Contempt of
Court in India in the linked article.)
6. Separation of the Judiciary from the Executive: A Directive Principle of State Policy says that the state shall
take steps to separate the judiciary from the executive in the public services of the state. According to
Article 50, there shall be a separate judicial service free from executive control.

HIGH COURTS:

t was in 1858 when on the recommendation of the Law Commission, the Parliament passed the Indian High Courts
Act 1861 which suggested the establishment of High Courts in place of Supreme Court in three Presidencies:
Calcutta, Madras, and Bombay. The Charter of High Court of Calcutta was ordered in May 1862 and that of Madras
and Bombay were order in June 1862. Thereby, making the Calcutta High Court the first High Court of the country.

The reason for the implementation of this act was the need for a separate judiciary body for different states. The
British Government, therefore, decided to abolish the then-existing Supreme Court and Sadar Adalat and replaced
it with High Court.

Certain rules and eligibility criteria were set for the appointment of a Judge in any High Court and later after
independence as per Article 214 of the Indian Constitution, it was declared that every Indian state must have their
own High Court.

The British-created laws were different from the ones that were stated in the Indian Penal code and the entire
legal system of the country changed after the independence of the country.

Constitution of High Court – Under British rule, each High Court has a Chief Justice and maximum 15 other puisne
judges. But later certain changes were brought about in the composition of the High Court in India:

• Every High Court shall have a Chief Justice appointed by the President
• Unlike before, there was no fixed number of Judges who could be appointed for each High Court
• Additional Judges can also be appointed for the clearance of cases pending in the court. But their tenure
cannot exceed more than two years
One thing that must be noted is that no one above the age of 62 years can be appointed as a High Court Judge.
There is no uniformity among the High Courts regarding the number of Judges they will have. A smaller state shall
have less number of judges in comparison to a larger state.
High Court Jurisdiction
The High Court is the highest court of appeal in the state vested with the power to interpret the Constitution. It is
the protector of the Fundamental Rights of the citizens. Besides, it has supervisory and consultative roles.
However, the Constitution does not contain detailed provisions with regard to the jurisdiction and powers of a high
court.

At present, the following jurisdictions are enjoyed by a High Court-

• Original jurisdiction
• Writ jurisdiction
• Appellate jurisdiction
• Supervisory jurisdiction
• Control over subordinate courts
• A court of record
• Power of judicial review
The Jurisdiction of Highcourt are as mentioned below –

• Original Jurisdiction – In such kind of cases the applicant can directly go to the High Court and does not
require to raise an appeal. It is mostly applicable for cases related to the State Legislative Assembly,
marriages, enforcement of fundamental rights and transfer cases from other courts.

• Power of Superintendence – It a special power enjoyed only by High Court and no other subordinate
court has this power of superintendence. Under this, the High Court holds the right to order its
subordinate offices and courts the way of maintaining records, prescribe rules for holding proceedings in
the court and also settle the fees paid to sheriff clerks, officers and legal practitioners.

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

• Appellate Jurisdiction – This is for cases where people have risen a complaint about a review of the
judgement given by the district level or subordinate court of that territory. This power is further divided
into two categories:
1. Civil Jurisdiction – this includes orders and judgements of the district court, civil district court and
subordinate court
2. Criminal Jurisdiction – this includes judgements and orders of the sessions court and additional
sessions court.
• Power of Judicial Review – This power of High Court includes the power to examine the constitutionality
of legislative and executive orders of both central and state government. It is to be noted that the word
judicial review is nowhere mentioned in our constitution but the Article 13 and 226 explicitly provide High
Court with this power.
 • Writ Jurisdiction of High Court – Article 226 of the Constitution empowers a high court to issue writs
including habeas corpus, mandamus, certiorari, prohibition, and quo warrento for the enforcement of the
fundamental rights of the citizens and for any other purpose. Read in detail about the following –
• Habeas Corpus
• Writ of Mandamus
The phrase ‘for any other purpose’ refers to the enforcement of an ordinary legal right. The high court can
issue writs to any person, authority and government not only within its territorial jurisdiction but also outside its
territorial jurisdiction if the cause of action arises within its territorial jurisdiction (15th Constitutional Amendment
Act of 1963).
• In the Chandra Kumar case (1997), the Supreme Court ruled that the writ jurisdiction of both the
high court and the Supreme Court constitute a part of the basic structure of the Constitution.
Hence, it cannot be ousted or excluded even by way of an amendment to the Constitution.
• In Shah Faesal’s Case, his case is justified because the cause of action happened in Delhi and then
he was taken to outside the territory of Delhi.
High Court in India is one of the most important topics in terms of the UPSC exam and other government exams in
India. Candidates can know the powers and function of a High Court, at the linked article.

How is a High Court Judge Appointed?

A High Court Judge is appointed by the President of India. He is solely responsible for the appointment of any judge
in a High Court. However, he may consult the Governor of the State, the acting Chief Justice of India and Chief
Justice of that particular state’s High Court.

A High Court judge is also liable to get transferred to other High Courts. This decision is entirely dependent on the
Chief Justice of India. Transfer of judges is done with an aim to ensure proper and just trial for every case fought in
the court of law.

Eligibility Criteria for High Court Judge

There are certain eligibility criteria that need to be fulfilled to be appointed as a judge in any High court in India.
Given below are the set of eligibility criteria mandatory for the appointment of High Court judges:

• Any of the given qualifications must be fulfilled:

1. The person should have been a Barrister for more than five years
2. Has been a civil servant for over 10 years along with serving the Zila court for at least 3 years
3. A person who has been a pleader for over 10 years in any High Court.
• No judge should be of more than 62 years of age

COMPTROLLER AND AUDITOR GENERAL OF INDIA:

Comptroller and Auditor General of India is the apex authority responsible for external and internal audits of the
expenses of the National and state governments. It is popularly known as the CAG of India.

Powers of the Comptroller and Auditor General of India

Article 148 of the Constitution of India establishes the authority of this office. It states the following points in
relation to the establishment and powers of CAG:

• The Comptroller and Auditor General is appointed by the President of India and can be removed from
office only in the manner and on the grounds that a Judge of the Supreme Court is removed.
• The person appointed to this office should take an oath of office before the President or any other person
appointed by the office of the President.
• The salary, service conditions, leaves of absence, pension, and age of retirement are determined by the
Parliament of India and specified in the Second Schedule such that the service conditions and salary will
not be modified to the disadvantage of the incumbent during their tenure.
• The CAG is not eligible for any further office after the end of their tenure either in the Government of
India or any State Government.
• The powers and functions of the CAG are subject to the provisions of the Indian Constitution and any Acts
of Parliament, along with the service conditions for the Indian Audits and Accounts Department. The rules
governing these would be prescribed by the President in consultation with the incumbent.
• The expenses on the administration of this office including all allowances, salaries and pensions would be
charged to the Consolidated Fund of India.
• The incumbent is appointed for a period of 6 years or until attaining the age of 65 years whichever is
earlier.

Duties of CAG
Articles 148, 149, 150 and 151 of the Constitution of India describe the functions and powers of this office. The
following is a brief description of various areas dealt with in these Article of the Constitution:

• Article 149: Duties and Powers of the Comptroller and Auditor General: To perform such duties and
exercise such powers in relation to accounts of the Union of India and the states and of any other bodies
or authority, as may be prescribed by any law made by the Parliament.
• Article 150: Form of Accounts of the Union of India and the States: To prescribe, with the approval of the
President, the form in which the account of the Union and of the States are to be kept.
• Article 151: CAG Reports: To report to the President or to the Governors of the States on the accounts of
the Union or State. The constitution has also provided in Article 279(i) that the CAG has to ascertain and
certify the net proceeds of any tax or duty mentioned in Chapter I of Part XII of the Constitution. Besides
these constitutional provisions and the Duties Powers and Conditions of Service Act of 1971, is necessary
to mention that, before 1976, the CAG had a two-dimensional role, that accounting and auditing. Due to
the separation of accounts and audit in 1976, the CAG’s duty is the auditing of accounts.

INTER-STATE COUNCIL:

Inter-State Council – Introduction

The nation can progress only if the Union and State Governments work hand in hand. There are many challenges
to maintain the federation. For a soothing functioning of the system, it is necessary to conduct periodic debates
and discussions.

Inter-State Council is not a permanent constitutional body, which can be created at any time if it seems to the
President that the public interest would be served by the establishment of such council. It was set up in 1990
through a presidential ordinance for the first time as per the recommendations of the Sarkaria Commission under
the Ministry of Home affairs. The secretarial functions of the Zonal Councils have been reassigned to the Inter-
State Council Secretariat from 1st April 2011.

Inter-State Council works as an instrument for cooperation, coordination and the evolution of common policies.
The interstate council is proposed to meet thrice a year. But in 26 years, it has met only 11 times. The latest
meeting was held after a gap of 10 years in Delhi in July 2016.

Inter-State Council Composition

Prime Minister acts as the chairman of the council. (Read about Prime Minister and Council of Ministers in the
linked article.)

Members of Inter-State Council

1. Union Ministers of Cabinet rank in the Union

2. Council of Ministers nominated by the Prime Minister.
3. Chief Ministers of all states.
4. Chief Ministers of Union Territories having a Legislative Assembly
5. Administrators of UTs not having a Legislative Assembly.
6. Governors of the states being administered under President’s rule.

Functions of Inter-State Council

1. Inquiring and advising upon disputes which may have emerged between the States:
2. Investigating and discussing subjects in which the States of the Union has a common interest.
3. Making suggestions on any such subject, for the better coordination of policy and action with respect to
that subject.

ELECTION COMISSION OF INDIA:

The Constitution of India has established a permanent and independent body to ensure free and fair elections in
the country known as the Election Commission. The commission is responsible for holding Lok Sabha elections of
India.

the Constitution provides the Election Commission of India with the power of direction, superintendence, and
control of elections to parliament, state legislatures, the office of president of India and the office of vice-president
of India. The Election Commission is an all-India body that is common to both the Central government and the
State governments. It must be noted here that the commission does not deal with the elections to the
Municipalities and Panchayats in the states. Hence, a separate State Election Commission is provided by the
Constitution of India.

Constitutional Appointment of ECI

Since its inception in 1950 and till 15 October 1989, the election commission was a one-member body with only
the Chief Election Commissioner (CEC) as its sole member.
 • On 16 October 1989, the voting age was changed from 21 to 18 years. So, two more election
commissioners were appointed by the president in order to cope with the increased work of the election
commission.
• Since then, the Election Commission was a multi-member body that consisted of 3 election
commissioners.
• Later on, the two posts of election commissioners were eliminated in January 1990 and the Election
Commission was reverted to the previous position.
• This was repeated again later in October 1993 when the president appointed two more election
commissioners. Since then, the Election Commission functions as a multi-member body comprising of 3
commissioners.
• The chief and the two other election commissioners have the same powers and emoluments including
salaries, which are the same as a Supreme Court judge.
• In case of a difference of opinion amongst the Chief Election Commissioner and/or two other election
commissioners, the matter is decided by the Commission by a majority.
• The office is held by them for a term of 6 years or until they attain 65 years, whichever happens first. They
can also be removed or can resign at any time before the expiry of their term.

Powers, Functions, and Responsibilities of Election Commission

Among the major Constitutional Bodies in India, Election Commission is a permanent Constitutional Body. It was
established in accordance with the Constitution on 25th January 1950.

• The Constitution has vested to this body superintendence, direction and control of the entire process for
conduct of elections.
• The Commission’s functions and powers with respect to elections to the offices of the President, the Vice
President, the state legislators and the Parliament are divided under three headings:
• Administrative
• Advisory
• Quasi-judicial
Aspirants preparing for Civil Services exam can go through other such bodies on the links provided below-

1. Types of Constitutional Bodies

2. Constitutional, Statutory and Quasi-Judicial Bodies

Powers of Election Commission of India

In details, these powers of the Election Commission of India are:

• Determining the Electoral Constituencies’ territorial areas throughout the country on the basis of the
Delimitation Commission Act of Parliament.
• Preparing and periodically revising electoral rolls and registering all eligible voters.
• Notifying the schedules and dates of elections and scrutinising nomination papers.
• Granting recognition to the various political parties and allocating them election symbols.
• Acting as a court to settle disputes concerning the granting of recognition to political parties and
allocating election symbols to the parties.
• Appointing officers for inquiring into disputes concerning electoral arrangements.
 • Determining the code of conduct to be followed by the political parties and candidates during elections.
• Preparing a program for publicising the policies of all the political parties on various media like TV and
radio during elections.
• Advising the President on matters concerning the disqualification of MPs.
• Advising the Governor on matters concerning the disqualification of MLAs.
• Cancelling polls in case of booth capturing, rigging, violence and other irregularities.
• Requesting the Governor or the President for requisitioning the staff required for conducting elections.
• Supervising the machinery of elections throughout the country for ensuring the conduct of free and fair
elections.
• Advising the President on whether elections can be held in a state that is under the President’s rule, in
order to extend the period of emergency after 1 year.
• Registering political parties and granting them the status of national or state parties (depending on their
poll performance).
The Commission is aided in its function by deputy election commissioners. The deputy ECs are taken from the civil
services and they are appointed by the Commission. They have a fixed tenure. They are aided by the secretaries,
deputy secretaries, joint secretaries and under-secretaries posted in the commission’s secretariat.

Functions of Election Commission

1. To direct and control the entire process of conducting elections to Parliament and Legislature of every
State and to the offices of President and Vice-President of India.
2. To decide the election schedules for the conduct of periodic and timely elections, whether general or bye-
elections
3. To decide on the location of polling stations, assignment of voters to the polling stations, location of
counting centres, arrangements to be made in and around polling stations and counting centres and all
allied matters
4. To prepare electoral roll and issues Electronic Photo Identity Card (EPIC)
5. To grant recognition to political parties & allot election symbols to them along with settling disputes
related to it
6. To sets limits of campaign expenditure per candidate to all the political parties, and also monitors the
same
7. To advise in the matter of post-election disqualification of sitting members of Parliament and State
Legislatures.
8. To issue the Model Code of Conduct in the election for political parties and candidates so that no one
indulges in unfair practice or there is no arbitrary abuse of powers by those in power.

Composition of Election Commission

Article 324 of the Constitution has made the following provisions with regard to the composition of the election
commission:

• The President appoints the Chief Election Commissioner and other election commissioners.
• When any other EC is so appointed, the CEC acts as the Election Commission’s Chairman.
• The President can also appoint regional commissioners to assist the Commission, if necessary after
consulting with the Election Commission.
• The tenure of office and the conditions of service of all the commissioners shall be determined by the
country’s President.
 CHAPTER-8

ROLE AND RESPONSIBILITIES OF INDIA CITIZENS UNDER INDIAN CONSTITUTION

Citizenship is the status of a person recognized under law as being a legal member of a sovereign state or
belonging to a nation. In India, Articles 5 – 11 of the Constitution deals with the concept of citizenship. The term
citizenship entails the enjoyment of full membership of any State in which a citizen has civil and political rights.

Article 5: Citizenship at the commencement of the Constitution

This article talks about citizenship for people at the commencement of the Constitution, i.e. 26th January 1950.
Under this, citizenship is conferred upon those persons who have their domicile in Indian territory and –

1. Who was born in Indian territory; or

2. Whose either parent was born in Indian territory; or
3. Who has ordinarily been a resident of India for not less than 5 years immediately preceding the
commencement of the Constitution.

Article 6: Citizenship of certain persons who have migrated from Pakistan

Any person who has migrated from Pakistan shall be a citizen of India at the time of the commencement of the
Constitution if –

1.
1. He or either of his parents or any of his grandparents was born in India as given in the
Government of India Act of 1935; and
2. (a) in case such a person has migrated before July 19th, 1948 and has been ordinarily resident in
India since his migration, or
(b) in case such as a person has migrated after July 19th, 1948 and he has been registered as a citizen of India by
an officer appointed in that behalf by the government of the Dominion of India on an application made by him
thereof to such an officer before the commencement of the Constitution, provided that no person shall be so
registered unless he has been resident in India for at least 6 months immediately preceding the date of his
application.

Article 7: Citizenship of certain migrants to Pakistan

This article deals with the rights of people who had migrated to Pakistan after March 1, 1947, but subsequently
returned to India.

Article 8: Citizenship of certain persons of Indian origin residing outside India

This article deals with the rights of people of Indian origin residing outside India for purposes of employment,
marriage, and education.

Article 9
People voluntarily acquiring citizenship of a foreign country will not be citizens of India.
Article 10
Any person who is considered a citizen of India under any of the provisions of this Part shall continue to be citizens
and will also be subject to any law made by the Parliament.

Article 11: Parliament to regulate the right of citizenship by law

The Parliament has the right to make any provision concerning the acquisition and termination of citizenship and
any other matter relating to citizenship.

Citizenship of India constitutional provisions

• Citizenship in India is governed by Articles 5 – 11 (Part II) of the Constitution.

• The Citizenship Act, 1955 is the legislation dealing with citizenship. This has been amended by the
Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the Citizenship (Amendment)
Act 2003, and the Citizenship (Amendment) Act, 2005.
• Nationality in India mostly follows the jus sanguinis (citizenship by right of blood) and not jus soli
(citizenship by right of birth within the territory).

Citizenship Act, 1955

Citizenship of India can be acquired in the following ways:

1. Citizenship at the commencement of the Constitution

2. Citizenship by birth
3. Citizenship by descent
4. Citizenship by registration
5. Citizenship by naturalization
6. By incorporation of territory (by the Government of India)

• People who were domiciled in India as on 26th November 1949 automatically became citizens of India by
virtue of citizenship at the commencement of the Constitution.
• Persons who were born in India on or after 26th January 1950 but before 1st July 1987 are Indian citizens.
• A person born after 1st July 1987 is an Indian citizen if either of the parents was a citizen of India at the
time of birth.
• Persons born after 3rd December 2004 are Indian citizens if both parents are Indian citizens or if one
parent is an Indian citizen and the other is not an illegal migrant at the time of birth.
• Citizenship by birth is not applicable for children of foreign diplomatic personnel and those of enemy
aliens.

Termination of Indian Citizenship

Termination of citizenship is possible in three ways according to the Act:

1. Renunciation: If any citizen of India who is also a national of another country renounces his Indian
citizenship through a declaration in the prescribed manner, he ceases to be an Indian citizen. When a
male person ceases to be a citizen of India, every minor child of his also ceases to be a citizen of India.
However, such a child may within one year after attaining full age become an Indian citizen by making a
declaration of his intention to resume Indian citizenship.
 2. Termination: Indian citizenship can be terminated if a citizen knowingly or voluntarily adopts the
citizenship of any foreign country.
3. Deprivation: The government of India can deprive a person of his citizenship in some cases. But this is not
applicable for all citizens. It is applicable only in the case of citizens who have acquired the citizenship by
registration, naturalization, or only by Article 5 Clause (c) (which is citizenship at commencement for a
domicile in India and who has ordinarily been a resident of India for not less than 5 years immediately
preceding the commencement of the Constitution).

Persons of Indian Origin (PIO) Card

A person would be eligible for the PIO card if he:

1. Is a person of Indian origin and is a citizen of any country except Pakistan, Sri Lanka, Nepal, Bangladesh,
Bhutan, China or Afghanistan, or
2. Has held an Indian passport at any other time or is the spouse of a citizen of India or a person of Indian
origin.
PIO cardholders can enter India with the multiple entry feature for fifteen years. They do not need a separate visa.

Overseas Citizen of India (OCI) Card

• OCI Card is for foreign nationals who were eligible for Indian citizenship on 26th January 1950 or was an
Indian citizen on or after that date.
• Citizens of Pakistan and Bangladesh are not eligible for OCI Card. An OCI cardholder does not have voting
rights.
• OCI is not dual citizenship. OCI cardholders are not Indian citizens.
• The OCI Card is a multipurpose, multiple entry lifelong visa for visiting India.
• Persons with OCI Cards have equal rights as NRIs in terms of financial, educational, and economic matters.
But they cannot acquire agricultural land in India.

Citizenship Act, 1955

Citizenship Act 1955 is an act to provide Indian citizenship to individuals of the nation. It gives a brief outline of the
requirements to obtain Indian citizenship.

Citizenship procurement:

According to the Indian Citizenship Act 1955, one can acquire the status of an Indian citizen by the following way:

• Citizenship through birth – An individual born in India is applicable for Indian citizenship.
• Citizenship through descent – This is applicable for people whose parents are from India but that specific individual
was born in a foreign country.
• Citizenship through registration – This is applicable to individuals who have Indian ancestors.
• Citizenship through naturalisation – This is for people who have a long record of staying in India.
• Citizenship through the incorporation of territory – This is for individuals in a region that is incorporated by the
Government of India.
• Citizenship provision to people belonging to Assam Accord.
 Citizenship Termination:

According to the Indian Citizenship Act 1955, one can be revoked from the status of the Indian citizen under the
following conditions. They are:

• Renunciation of citizenship: When an individual is willingly rejecting his rights of citizenship, his citizenship is
revoked in a legal manner.
• Termination of citizenship: If an Indian citizen accepts the citizenship of another nation voluntarily, their Indian
citizenship can be revoked.
• Deprivation of citizenship: This is directly done by the Government of India. This is common for people who have
obtained their citizenship through Naturalisation, registration and through Article 5. Some common reasons for
revoking of citizenship are:

• If an individual does some act or speech that is disrespectful or against the nation.
• If an individual performs deceitful acts in obtaining Indian citizenship.
• If an individual is involved in anti-nationalist activities like sharing, trading or communicating national secrets to
enemies of the nation during a war.
• If a citizen who has not returned to India for more than 7 years and lives outside India, excluding educational and
nationally official reasons.

Citizenship and Constitution:

The constitution provision of India has included some articles related to the citizenship act 1955. This includes
Articles 5 to 11 of the Indian Constitution that falls under Part 2 of it.

• Citizenship is the focus of Article 5 at the outset of the Constitution.

• Article 6 pertains to the citizenship rights of certain individuals who have migrated to India from Pakistan.
• Article 7 deals with the citizenship rights of certain Pakistani migrants.
• Article 8 describes in full the citizenship rights of certain persons of Indian heritage who live outside of India.
• Article 9 discloses that a person who willingly acquires citizenship of a foreign country is not a citizen of that
country.
• Article 10 deals with the continuation of citizenship rights.
• Article 11 outlines how Parliament might govern the right to citizenship through legislation.

Citizenship Amendment:

The answer to the question Citizenship Act 1955 amended how many times is 5. The act has been amended five
times until now. They are:

1. 1986: This gave Indian citizenship to people born in India between January 1950 and July 1987.
2. 2003: It states that citizenship will be provided to an individual only if both or any one of the parents is Indian.
3. 2005: Section 7A was replaced with a new section and the Overseas citizens of India registration rules were
authorised.
4. 2015: It deals with registration and naturalisation citizenship and overseas citizenship.
5. 2019: Members of six communities from Pakistan, Bangladesh, and Afghanistan, including Hindus, Buddhists, Sikhs,
Parsis, Jains and Christians, are allowed to stay in India if they arrived before December 14, 2014.
 FUNDAMENTAL DUTIES:

The fundamental duties which were added by the 42nd Amendment Act of the Constitution in 1976, in
addition to creating and promoting culture, also strengthen the hands of the legislature in enforcing these
duties vis-a-vis the fundamental rights.
6. The list of 11 Fundamental Duties under Article 51-A to be obeyed by every Indian citizen is given in the
table below:

1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag
and the National Anthem

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

3. Uphold and protect the sovereignty, unity and integrity of India

4. Defend the country and render national service when called upon to do so

5. Promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities and to renounce
practices derogatory to the dignity of women

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

7. Protect and improve the natural environment including forests, lakes, rivers and wildlife
and to have compassion for living creatures

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

9. Safeguard public property and to abjure violence

10. Strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavour and achievement

11. Provide opportunities for education to his child or ward between the age of six and
fourteen years. (This duty was added by the 86th Constitutional Amendment Act, 2002)

RIGHT TO INFORMATION:
The Right to Information
Historical Background

The right to information is a fundamental right under Article 19 (1) of the Indian Constitution. In 1976, in the Raj
Narain vs the State of Uttar Pradesh case, the Supreme Court ruled that Right to information will be treated as a
fundamental right under article 19. The Supreme Court held that in Indian democracy, people are the masters and
they have the right to know about the working of the government.

Thus the government enacted the Right to Information act in 2005 which provides machinery for exercising this
fundamental right.

The act is one of the most important acts which empowers ordinary citizens to question the government and its
working. This has been widely used by citizens and media to uncover corruption, progress in government work,
expenses-related information, etc.

The primary goal of the Right to Information Act is to empower citizens, promote openness and accountability in
government operations, combat corruption, and make our democracy truly function for the people. It goes
without saying that an informed citizen is better equipped to keep a required track on governance instruments and
hold the government responsible to the governed. The Act is a significant step in informing citizens about the
activities of the government.

All constitutional authorities, agencies, owned and controlled, also those organisations which are substantially
financed by the government comes under the purview of the act. The act also mandates public authorities of union
government or state government, to provide timely response to the citizens’ request for information.

The act also imposes penalties if the authorities delay in responding to the citizen in the stipulated time.

What type of information can be requested through RTI?

The citizens can seek any information from the government authorities that the government can disclose to the
parliament.

Some information that can affect the sovereignty and the integrity of India is exempted from the purview of RTI.

Information relating to internal security, relations with foreign countries, intellectual property rights (IPR), cabinet
discussions are exempted from RTI.

Objectives of the RTI Act

1. Empower citizens to question the government.

2. The act promotes transparency and accountability in the working of the government.
3. The act also helps in containing corruption in the government and work for the people in a better way.
4. The act envisages building better-informed citizens who would keep necessary vigil about the functioning
of the government machinery.
Important provisions under the Right to Information Act, 2005

• Section 2(h): Public authorities mean all authorities and bodies under the union government, state
government or local bodies. The civil societies that are substantially funded, directly or indirectly, by the
public funds also fall within the ambit of RTI.
 • Section 4 1(b): Government has to maintain and proactively disclose information.
• Section 6: Prescribes a simple procedure for securing information.
• Section 7: Prescribes a time frame for providing information(s) by PIOs.
• Section 8: Only minimum information exempted from disclosure.
• Section 8 (1) mentions exemptions against furnishing information under the RTI Act.
• Section 8 (2) provides for disclosure of information exempted under the Official Secrets Act, 1923 if the
larger public interest is served.
• Section 19: Two-tier mechanism for appeal.
• Section 20: Provides penalties in case of failure to provide information on time, incorrect, incomplete or
misleading or distorted information.
• Section 23: Lower courts are barred from entertaining suits or applications. However, the writ jurisdiction
of the Supreme Court of India and high courts under Articles 32 and 226 of the Constitution remains
unaffected.

Significance of the RTI Act

• The RTI Act, 2005 empowers the citizen to question the secrecy and abuse of power practised in
governance.
• It is through the information commissions at the central and state levels that access to such information is
provided.
• RTI information can be regarded as a public good, for it is relevant to the interests of citizens and is a
crucial pillar for the functioning of a transparent and vibrant democracy.
• The information obtained not only helps in making government accountable but also useful for other
purposes which would serve the overall interests of the society.
• Every year, around six million applications are filed under the RTI Act, making it the most extensively used
sunshine legislation globally.
• These applications seek information on a range of issues, from holding the government accountable for
the delivery of basic rights and entitlements to questioning the highest offices of the country.
• Using the RTI Act, people have sought information that governments would not like to reveal as it may
expose corruption, human rights violations, and wrongdoings by the state.
• The access to information about policies, decisions and actions of the government that affect the lives of
citizens is an instrument to ensure accountability.
• The Supreme Court has, in several judgments, held that the RTI is a fundamental right flowing from
Articles 19 and 21 of the Constitution, which guarantee to citizens the freedom of speech and expression
and the right to life, respectively.

CHAPTER-9

GOALS AND POLICIES OF NATIONAL DEVELOPMENT ENSHRINED IN THE CONSTITUION:

CONCEPT OF NATIONAL DEVELOPMENT:

For a nation to overcome challenging milestones and achieve pride, the nation needs to strive continuously to do
better. Our government achieves glory when the nation witnesses a higher level of development in every sector,
making its citizens more dependent on the government. To achieve national development, we need first to
understand the meaning of national development.
National development is an extensive term that encompasses and witnesses a holistic approach in all domains of
the nation’s development and its individuals. It aims at improving the standard of living for its citizens. National
Development aims at modernisation in all sectors of a nation, in the presence of peaceful co-existence among all
the groups of the nation.

National Development has been studied and defined by various individuals and governing bodies. John Vasey, a
well-known economist, defines national development as follows, “National Development is the total effect of all
citizen forces and added to the stock of physical, human resources, knowledge and skill’.

It is empirical to understand the meaning of national development to contribute to our nation’s growth. The
United Nations’ decade report defines National Development as “National Development is a growth plus change.
Change in turn is social and cultural as well as economic and qualitative as well as quantitative”.

While understanding the meaning of national development, we need to know that it encapsulates a broad range of
parameters, including the growth of human resources, harnessing of industrial production,application of science
and technology in health, industry, textile and agriculture sector, provision for mass education and facilities for the
disadvantaged and poor and development through a planned and well-phrased economy. Therefore, to achieve an
overall and balanced national development of a nation, one needs to look into all facets that make up a nation,
including Cultural, social, political, scientific, economic and material aspects. Focus and growth in these facets
which make up a nation will ensure the growth and development of the nation as a whole.

Five-Year plans

The National Development Council, also known as the Rashtriya Vikas Parishad, is the primary body for making
decisions and strategies on matters involving the country’s development. So far, 57 meetings have been held, the
57th meeting held on 27th December 2012. Amongst the various objectives set by the council to drive the nation
towards economic development, some of them were strengthening the country’s economy is one of the essential
aspects of shaping the country towards national development, as the nation’s economy remains the backbone of
its progress.

From 1947 to 2017, the Indian economy was based and led on the concept of planning, which the Planning
Commission monitored. This was carried out through the five-year plans. Jawaharlal Nehru, the first Prime Minister
of India, presented the Five-Year Plans to the parliament, which focused on developing the primary sector. The
motto of the first five-year plan was the development of agriculture.

Following this, there have been 12 five-year plans focusing on various aspects required to build a functioning
nation, including rapid industrialisation, economic liberalisation, upgrading the nation’s science and economy
sectors, socialism, energy production, implementing the budget, provision for education to highlight a few.

Analysing these annual plans for five years and working on them annually, our nation has gained significant praise
regarding the aforementioned aspects. For example, while preparing the draft outline for the fourth five-year
plans, there were two annual plans for the year 1966-67 and 1967-68 based on assumptions and calculations of
the above.

Challenges for National Development:

 Though national development for each country is a necessity and a rightful privilege to its citizens, some challenges
arise and hamper this development process. The United Nations have listed down specific challenges that arise
worldwide, slowing the development of the countries and the need to overcome these challenges. Given below
are a few challenges which we need to overcome to bring about national development worldwide:

• Poverty
• Delay in sustainable development
• The injustice of human rights
• Lack of gender equality
• Lack of resilience to crisis and shock
• A mismatch between moral and scientific values
• The rapid growth of the population
• Illiteracy
• Lack of means of sanitisation and public health

Conclusion

Thus, to summarise, National Development is a key for the nation and its citizens to prosper. The government
needs to provide the necessary means and provisions to drive the nation towards this growth to achieve the true
meaning of national development.

Aims and Objectives of NEP 2020

There have been three education policies after India got its independence, the NEP 2020 being the newest
addition to bring reform in the education sector. Therefore it becomes necessary to understand the aims of NEP
2020 from the exam’s perspective.

The basic aim and objective of NEP 2020 are to make education universally accessible from primary to secondary
level by the year 2030. It helps in building a relationship between the learner and society at large. Every child is
special and has the right to get basic education, for which the government should make better provisions.

o Early childhood care and education: The early child developmental stage encompasses physical, socio-
emotional, and cognitive development between 0-8 years of age. As early education lays the foundation
for education to be undertaken later in our lives and also plays a major part in the development of the
cognitive capacity of an individual, so there has to be the provision of high-quality education Early
Childhood Care Education (ECCE). Here attention needs to be laid on socially backward regions.
o Foundation Literacy and Numeracy: NEP 2020 envisions the attainment of Foundational Literacy and
Numeracy by all learners up to 3rd grade.
o Curtailing drop-outs rates and ensuring universal access to education at all levels: This new education
policy of 2020 has focused on two things:
o to lessen the drop-outs by ensuring proper infrastructure facilities.
o by providing appropriate training to the teachers.

Also, to encourage students to continue their studies. The students are also monitored and facilitated with the
proper educational environment. Also, the ones who had dropped out of school earlier are given adequate
guidance to be on par with their peers.

o Curriculum and pedagogy in schools: Learning of any sort should be holistic, integrated, enjoyable, and
engaging to hold the attention of any learners towards the subject matter. NEP 2020 is a policy that
 emphasizes understanding the topic rather than an evaluation of rote learning, and for that, experiential
learning is promoted at all stages.
o Equitable and inclusive education: NEP 2020 policy stresses education accessibility to one and all and
that all should be similarly looked upon. Students with special needs are also benefitted from this policy
as several schemes are running under this policy that enables specially-abled students to be part of the
education system. This aspect coincides with the SDG.
o Efficient resourcing and effective governance through school complexes: The policy focuses on using
teaching aids to make education in India pally with world-class standards. It also emphasizes
proper governance of the educational institutions for which the teacher are provided with proper
information and training time and again.
o Standard setting and accreditation for school education: The policy envisions setting up the standard to
be followed at all stages of education, including preschool to higher levels. This caters to the quality of
infrastructure, the educational level of teachers, and the knowledge level of the students as well. This also
helps in lesson assistance with adequate usage of teaching aids.
o Technology in Education: There has been a lot of development in the space of technology where the
teaching aids are also getting developed along with the digitalization of classrooms where lectures are
taken virtually, and attendance is also taken virtually.
o Reimagining vocational education and skill building: For holistic development, every student needs to
work on his skills constantly, like-communication skills, presentation skills, etc. Vocational Training is also
encouraged so that there is a better employment opportunities for people who do specific skill-based
jobs.

ROLE OF TEACHERS IN NATION BUILDING:

Teachers are the future builders of our country, they are the providers of knowledge and wisdom. They are the
basic source of education for most of the people of the country and they are the ones who build the future of the
nation. The teachers can very easily decide what they want the nation to look like and educate the masses
accordingly. They have the ability and the strength to fight the odds and make India a powerful and a well
educated country. Teachers have a vital role in nation building because the future is totally in their hands. They
choose to be the fortune builders of the country and if you really want to know how important teachers are for
their country, try imagining a nation without them. It will only be a nation of utter chaos where nobody would step
up to make sure the kids get the best education and the knowledge to sustain a good and healthy life. The nation
will no longer be able to progress and the population will be sick. Here are a few characteristics of the roles that
our teachers play every single day-

Making the children ready for a challenging life – it starts at a very early age, the teachers take the kids away from
their parents for a few hours and teach them in a total different environment. They try and make the environment
as friendly as possible, but it is still different from the environment at home. Knowingly or unknowingly, teachers
prepare the kids for unknown environment which they might have to face in their lives.

Literacy and wisdom – The teachers not only make the child literate so that he/she can earn enough to have a
normal lifestyle, they also provide words of wisdom every day which shape the personality of the child. Many
children are influenced by their teachers more than the parents. A teacher is mostly selfless and believes in
dissipating whatever information he/she can to make the kid wiser than yesterday.
A friend, philosopher and guide – Today we can see that teachers have moved on from the basic image of a strict
teacher, they have become much more for their students. They provide a friendly shoulder to cry on when the kid
is in a problem, they tell about the philosophies of life so that the child could take lessons and apply to his/her own
life and they guide the child to follow the right path. The teachers have the courage to push the kid to do what
they want to, even if it has never been done before.

Well-wishers – No other job makes a person worried if a child’s parent is divorced, a drunk or a wife abuser.
Teachers are the ones who have full knowledge of the child’s life, the environment back home, his mindset and his
capabilities. They always try and strike a balance between all of these things and make sure that the kid’s future
doesn’t get affected in a bad way.

Nation builder – A nation comprises of the children way more than adults. The children are the future and the
teachers are the ones who are getting them ready for their task. With optimum education, wisdom, exposure and
resources, the teachers are building the nation for tomorrow brick by brick and the foundation is so solid that the
nation will only grow upwards.

Teaching as a profession is probably the most challenging because it combines all the other professions in order to
help a child grow. One has to have good communication skills, managerial skills, reading and writing skills,
storytelling skills, everything. The teachers have selflessly and courageously chosen the path where they will
always be working for the mankind and for its good. Not everybody has the heart to do it. The leaders of today are
getting the leaders of tomorrow ready.

ROLE OF STUDENTS IN NATION BUIDING:

he future of any country depends upon its students. A country’s name and fame rest on the educated youth. In
other words, the students are the real treasure of any country. If the power of young men or students is directed
to constructive purposes, the whole nation will move to all round development. This responsibility has increased
immensely with the dawn of independence. An eminent educationist has rightly said, “Give me the children and I
will change the nation.” A nation can make progress only when it gets the co-operation form all its citizens. So it is
essential that students must know about their duties.

In Nationhood, people play a very important role. Naturally, Students are an important part of it. Students are the
spring of life. They are young, energetic and vibrant, can easily achieve a lot and can do many things for the
society. They carry the power to transform the nation into a better place. They also have the ability to lead their
fellow citizens in the right direction. A good seed always grow to a good tree, and only a good tree can give a
good fruit. A student will eventually become a good citizen; a good citizens will makes a better society. The vision
and progress of our country lies in the hands of our students.

People are grown trees whereas students are seeds. A good seed gives a good tree, good tree gives good fruit. A
student becomes a good citizen; a good citizen makes a better society.

The formula for great nation is “Good student > virtuous society > great nation”. A good student forms a virtuous
society means which is graft-less, politically balanced, economically standard and stands on moral grounds. The
nation with integrity stands forever.
The students are prospective heirs of nation. So they should be well equipped with sound moral, political and
economical views. They are the pillars on which beautiful edifices will be built. Students must have these qualities
– a) Desire to win b) Courage to do things c) Wisdom to understand and unravel the problems.

To play their role properly we should teach the youth of our country to make themselves disciplined. They should
not be led away by the anti- national forces. They should not go astray in their schools and colleges. In all, the
teachers and professor may fill the students’ hearts with idealism. The young man should learn lessons of hard
work, high morality, books as may create such ideals.

Students are vital organs of nation. They are future citizens, who can become “Nation’s most needed” categories
i.e. producers, protectors, philosophers etc. Producers produce the needed items which may be related to food,
electronic, engineering arenas etc. Protectors protect the nation. Philosophers guide the nation.

Student must invigilate his environment. He must be active in every field. He should participate in politics also.
According to Plato, “Education should be given up to 25 years at the elementary level and up to 35 years at the
higher level. This is to cure mental malady by mental medicine.” If a student does not participate in every field, it
will be turned into a river which has no flow. It will be house for algae, frogs and formidable insects.

The students must understand that they are students and should pay full attention to their studies. They should
devote a greater part of their time to the pursuit of knowledge and wisdom. They should play for them to learn
and to prepare themselves for future responsibilities in life. Without good education they will not be able to
shoulder their future burdens.

Knowledge without character is wickedness. Students should cultivate in them good manners and purity of life.
They should not follow only intellectual knowledge, but also from their moral character. Obedience to parents,
respect for teachers, and sympathy for the poor, love for all and malice towards none should be their chief moral
ideals. They should be refined in their taste, sweet in their speech and polite in their behavior.

In short, the duty of students is to prepare for future responsibility. He is to remove the evils such as child
marriage, gambling, drinking, smoking, litigation, superstition, untouchability, illiteracy, adulteration, corruption
and dowry system, from the society. They should create in them a spirit of social service. Students are the future
rulers and leaders of our country. They are the reserve force of our country. They are the backbone of the country.
The future of our country depends on our students.