BIM-Brilliant Institute of Mathematics INDIAN POLITY

INDIAN POLITY - INTRODUCTION

Constitution of a country is basic Fundamental/Organ law, Supreme law of the land,
which contains the Structure & Powers of the Government and guarantees rights to
the people. It establishes balance between Powers of the Government and Rights of
people. Constitution is basis for Political system.

Making of the Constitution

- Constitution of India was made by a body called Constituent Assembly.
- Constitution Assembly was established in 1946 on the basis of the
recommendation of the ‘Cabinet Mission Plan’.
Cabinet Mission Plan consisted of Sir Pathic Lawrence (Chairman) & 2 other
members A.V. Alexander & Sir Stafford Cripps.
- Elections were held to elect members of Constituent Assembly in July 1946
- The total strength of Constituent Assembly was to be 389. Of these, 296 seats
were to be allocated to British India. And 93 seats to the Princely States. Out of
296 seats allocated to the British India, 292 members were to be drawn from the
11 Governors’ provinces and 4 from the four Chief Commissioners’ provinces,
one from each.
- However after India’s division into India and Pakistan, total no. of members were
reduced to 299 (Out of 299, 229 were to be elected and 70 to be nominated)
- Muslim League was the 2nd largest party in the Constituent Assembly, which
secured 73 seats under the leadership of Md. Ali Jinnah (the propounder of
Bination theory).
- Indian National Congress secured 208 seats in the Constituent Assembly.
- Constituent Assembly held its 1 st meeting on 9th Dec, 1946 @ Central Hall of the
Parliament, Delhi.
- One the first day, 211 were present. Sri Sachidananda Sinha was chosen as
temporary President of Constituent Assembly on the same day, as he was the
senior most member.
- On Dec 11, 1946 -- Dr. R. Rajendra Prasad was elected unanimously as Standing
President of the Constituent Assembly.
- B.N. Rao was Chief Advisor to the Constituent Assembly.
- H.B. Iyengar was appointed as the Secretary to the Constituent Assembly.
- The Constituent Assembly constituted 22 Main Committees, 15 Minor
Committees and 7 Sub- Committees which perform different tasks.
- The most important was the Drafting Committee, constituted on 29 Aug, 1947,
Dr. B.R Ambedkar as the Chairman. It consisted 6 members.
1. Gopal Swamy Iyengar
2. Alladi Krishna Swamy Iyer
3. Md. Sadullah
4. K.M Munshi
5. N. Madhav Rao – replaced B.L. Mittal after his resignation
6. T.T. Krishnamachary – after death of D.P. Khaithan
- Pandit Jawaharlal Nehru on 13th Dec 1946, proposed objective resolution, which
was unanimously accepted by the Constituent Assembly on 22 nd Jan 1947.

- This objective resolution was basis for the Preamble of the Constitution of India.
- The Drafting Committee drafted the Constitution & presented to the Constituent
Assembly which took 114 days to consider the Draft.
- The Constitution then was adopted & enacted on 26 th Nov, 1949, which came into
force on 26th Jan, 1950.
- Total time taken to prepare Constitution was 2 years, 11 months, 18 days.
- Total expenditure for Drafting Constitution was 64 Lakh.
-
- Emblem of the Constituent Assembly was Elephant, symbolizing strength. Total
no. of amendments proposed were 7635 of which only 2473 were accepted.
- At the time of commencement of the constitution, there were 395 Articles, 22
Parts and 8 Schedules.
- The Draft Constitution contained 315 articles before it was adopted by the
Constituent Assembly.

Sources of Indian Constitution

1. 1935 GOI Act: More than 60% of provisions are from this. Constitution of India is
replica of ‘GOI 1935 act’. The important provisions borrowed are a) Federal System;
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b) Federal Court (Supreme Court) ; c) Bicameral Legislature; d) President Rule; e)

Discretionary powers of Governor.
2. British Constitution: Parliamentary system; Single Citizenship; Legislative
Procedures; Rule of Law; Writ Jurisdictions
3. American Constitution: Fundamental Rights; Judicial Review; Independence of
Judiciary; Office of Vice President
4. Canadian Constitution: Strong Central Govt; Residuary Powers; Advisory
Jurisdiction of Supreme Court of India
5. Irish Constitution: Directive Principles of State Policy; Nominating certain
members to Rajya Sabha by the President.
6. German Constitution: Emergency Powers (National Emergency)
7. French Constitution: Liberty, Equality, Fraternity, Republic
8. Australian Constitution: Concurrent List; Joint sitting of the Parliament;
Commerce & Trade
9. South Africa Constitution: Constitutional Amendment procedure; Election of
members of Rajya sabha.
10. Japanese Constitution: Procedure established by law.
11. USSR Constitution: Socialism, Planning; Fundamental Duties

Important Committees and Chair Persons:

1. Advisory Committee - Headed by Sardar Vallabhai Patel)
2. Steering Committee, Rules Committee headed by Dr. Rajendra Prasad.
3. Committees on the Powers of Central Govt. – Pt. Jawaharlal Nehru
4. Committees on the functions of Constituent Assembly – G.V Mavlankar
5. Committee on N.E. States – Gopinath Bordoloi (Father of Assam)
6. A Sub-Committee on Fundamental Rights – J.B. Kripalani
7. A Sub-Committee on Rights of Minorities – H.C Mukherjee

SCHEDULES CONTENT
Schedule 1 : Names of the States & Union Territories
Schedule 2 : Salaries of President, Vice-President, Constitutional Authorities
Schedule 3 : Different forms of Oath
Schedule 4 : Representation to the States in Rajya Sabha
Schedule 5 : Special Protection of ST and scheduled areas
Schedule 6 : Tribal people & Tribal areas Mizoram, Manipur, Meghalaya, Assam etc,
Schedule 7 : Division of powers between Centre & State
Schedule 8 : Official Languages (22)
Schedule 9 : Land Reform laws & Special Laws not open to judicial review
Schedule 10 : Deals with anti defection added in 1985, 52 nd Amendment
Schedule 11 : Functions of Panchayats in 1992, 73 rd Amendment
Schedule 12 : 1992, 74th Amendment Functions of Municipalities.

PREAMBLE

‘We, The people of India’, implies the ultimate source of political power lies with
people. It also means, the constitution of India was prepare by the people, through
their representatives.
-The words ‘Socialist’, ‘Secular’ and ‘Integrity’ have been inserted in 1976, 42 nd
Amendment.
Sovereign: The country is externally independent & internally supreme.
Socialist: It implies equal opportunities to all the people by prevention of
concentration of wealth, through Nationalization of materials & National resources.
‘Egalitarian Society’ – No disparity between Rich & poor.
Secular: Secular state is a state in which the relation between Govt. & people is
determined according to the const. & law; not according to the religious faith.
Democratic: Essence of democracy is ‘Rule of Law’.
Republic: Head of the country & other public representatives directly / indirectly for
a period, do not follow hereditary to secure to all its citizens.
Justice: social, economic & political. Justice is something, due for other.
Liberty: thought, expression, belief, faith, worship.
Equality: status & opportunity
Fraternity: assuring the dignity of individual & unity & integrity of Nation.
In our constituent Assembly, 26th Nov, 1949, do hereby adopt, enact & give to
ourselves this constitution.
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Significance of Preamble:
· Preamble contains the essence of the constitution. It is indicative will of the
makers of the constitution.
· In 1960, Berubari union case, SC held that preamble is not a part of the
constitution.
· In 1973, Keshawananda Bharathi case, SC held that preamble was a part of the
const.
· ‘preamble is hence, the part of the const.’
Comments:
· Preamble is a political horoscope to the const. of India – K.M.Munshi
· Preamble is the heart and soul of the const. – Pundit Thakur Das Bhargava.
· Preamble is the will & dream expressed by the people – Alladi Krishna Swami
Iyer.
· Preamble is the firm resolution & solid promise – J. Nehru
· Preamble is like a key to open the minds of the makers of const. – Dyer

PART – I:

Article – 1: India i.e. Bharat shall be a ‘Union of states’, which means Indian
federation is not the result of agreement between centre & states. Hence the term
federation is not mentioned in Indian const

Article – 2: Admission & transfer of new territories in India. Goa, Daman Diu, Dadra
Nagra Haveli, Pondicherry. Sikkim was admitted to Indian union.

Articles - 3: deals with diminishing, altering, increasing the territories of State and
forming new state by merging or splitting existing States and changing names of
state.
Bill relating to the above will be introduced in either houses of the parliament with
the recommendation of the President who shall in turn obtain the view of the State
Legislature within a stipulated period as may be decided by him. Both houses
should approve the bill separately after which President gives his assent & the bill
becomes an act.

PART – II CITIZENSHIP
Part-II provides minimal or indicative provisions relating to citizenship. All the
amendments to citizenship are done by parliament. Accordingly parliament made
Indian citizenship act, 1955. This act was amended so far in 1986, 1922, 2003, and
2004. 4 times amended. In India, we have single citizenship. Usually every
federation has dual citizenship.
Modes of acquiring Indian citizenship:
 By Birth
 By Descent
 By Registration
 By Naturalization
 By Acquisition of Territory
Descent: Born out of India 26 Jan 1950, but before 10 Dec 1992 are citizens, if their
father was Indian citizen at the time of their birth.
-After 10 Dec 1992 birth, either of the parents must be citizen of India.
-Natural citizenship – born by birth / blood
Registration: PIO, ordinarily resident of India for 5 yrs. Persons married to Indian
citizen & ordinarily resided in India for 5 yrs.
Naturalization: A foreigner can get Indian citizenship on the ground of domicile or
resident of India for 10 yrs.
Acquision of Territory: Territory acquired by India and people of that territory
belongs to Indian citizens.
Loss of Indian citizenship:
 Renunciation – voluntary (giving up by himself to get other)
 Termination – Voluntary (Acquiring other nation’s citizenship)
 Deprivation – involuntary – disloyal to const. / stayed 7 yrs abroad)

PART III - FUNDAMENTAL RIGHTS

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Fundamental Rights are fundamental because

 They are basic essential for the society.
 They are recognized by the fundamental law, the const. of India.
Features of Fundamental Rights:
 They are justifiable. (SC can be consulted if violated).
 They are guaranteed to citizens against arbitrary powers of the Govt.
 Only few rights are against people. (17, 23, 24).
 They are not absolute in nature. (With limitation).
 Certain Fundamental Rights are also available to foreigners (14, 20, 27).

Classification of Fundamental Rights

Originally there were 7 Fundamental Rights, but 6 are currently present.
 Right to Equality – Articles (14 – 18)
 Right to Freedom – Articles (19 – 22)
 Right against Exploitation – Articles (23 -24)
 Right to Religion – Articles (25 – 28)
 Cultural & Educational Rights – Articles (29 -30)
 Right to Property – Article (31)
 Right to Constitutional Remedies – Article (32)

- Right to property deleted from Fundamental Rights in 1978, 44 th amendment along

with article 19 (1) (f). It has been transposed, (changed the serial order), put into
part -12, and article 300A as legal (Const.) right.

Article – 12: Definition of a state.

State includes central, state, local, Govt., UTs, boards, universities, corporations,
agencies. Even judiciary comes under the definition of state. However cooperative
societies do not come under state.

Article – 13: Definition of Law

Any law which is against FR is declared null & void, unconstitutional; by SC. This
power of SC is called Judicial Review. However the word judicial review is not
mentioned in articles – 13. Power of judicial review is direct (explicit).

Article – 14: Equality before law, equal protection of law, equal before law, similar to
rule of law taken from England. So, equality before law implies a negative
affirmation that there is only one law in the country & all are subjected to that law.
 Not applicable to president, governor i.e. no criminal case can be
implemented as long as they are in power. Civil cases can be filed, 2 months prior
with notice.

Article – 15: State shall not discriminate any individual only on the basis of race,
religion, caste, sex, place of birth. All the places of public utility must be equal to all
without any discrimination.
· However Govt. may exempt / provide special protection which do not violate article –
15.

Article – 16: In the matters of public employment, citizens should not be discriminated
only on the basis of race, religion, caste, sex, place of birth, descent, residence.
· However, discrimination on age, education qualifications, physical fitness, certain
Govt. offices, where only particular religious people are eligible.

Article -17: Untouchability declared as crime enforced accordingly to law made by the
parliament.
 Hence parliament made prohibition of untouchability act of 1955.
 Amended & renamed as protection of civil rights, 1976.
 Prevention of atrocities against SC, ST, 1989.
 Term untouchability is not mentioned in const.
-There are 2 types of untouchables - social, medical.

Article – 18: prohibition of all kinds of titles, which indicate special status of a person.
However civilian, gallantry awards can be conferred.

Article 19: Guarantees 7 (prev) now 6 freedom

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19 (1) (a): freedom of speech, expression

19 (1) (b): freedom of assemble without armed
19 (1) (c): freedom of form union, association
19 (1) (d): freedom of move
19 (1) (e): freedom of reside, settle
19 (1) (f): freedom of acquire property
19 (1) (g): freedom of take up any professional trade, employment.

Article – 20: Protection of personal liberty.

· No person shall be punished or prosecuted except for the violation of law.
· The act or crime committed by the person must be a crime, at the time of
commission only.
· Criminal laws will have prospective effect, but not the retrospective effect.
· b) No self incrimination: It means, no person shall be forced / compelled to the
witnessed against himself.
· c) No person shall be punished more than once for the same crime called ‘NO
Double Jeopardy’.

Article – 21: Life & liberty of a person shall not be dep--eved except according to the
procedure Estb. by law.

Article – 22: Prevention of arrest unless informed of the grounds and produced before
magistrate within 24 hrs of arrest. Exceptions to arrest preventive detention.

Article – 23: Prohibiting trafficking of humans and bonded labour.

Article – 24: Prevention child labour in dangerous establishments and mines

Article – 25: Every citizen accordingly to their conscience or will can profess, preach,
practice and propagate religion of their choices.
·
Article – 26: Estb. Of religious institutions & their management.
· However Govt. can regulate the rights of the trust if it is involved in unlawful
activities.

Article – 27: No tax shall be levied on the people only on the basis of religion.
· However fee can be collected on the basis of religion; which is optional. Ex: Darshan ticket.

Article – 28: No particular religious teachings shall be given in Govt. / pvt. Aided
institutions.

Article – 29: NO person shall be denied admission into educational institutions only on
the basis of religious. No culture other than their own shall be imposed on the
people.

Article – 30: Minorities should be allowed to Est. Separate educational institutions in

order to protect, preserve & promote their culture language & script.
· They are nothing but minority schools & colleges.
·
Article – 32: Right to constitutionl remedies. It is the most important of the
fundamental rights. This right guarantees the implementation & protection of other
fundamental rights.
According to Ambedkar, article – 32 is Heart & soul.

Various Writs:
1. Habeas corpus
2. Mandamus
3. Prohibition
4. Certiorari
5. Quo-Warranto
1. Habeas Corpus: means, ‘To have the body’. Dead or alive. So, the purpose of
this writ is to protect personal freedom, guaranteed in art-(19-22). This writ can be
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filed by any 3rd person also. Even a postcard/media reports can be considered as
writ petitions.

2. Mandamus: literally means ‘to command/ order' It is the writ issued by SC/HC
to Govt. authorities directing them to do their legal duties properly & effective, if
they are not discharging their duties.

3. Prohibition: It means ‘not to proceed’. It is the writ issued by HC to the lower

courts, not to proceed on the case since the lower court is exceeding its limits.

4. Certiorary: It means ‘superior’ to certify, to bring the records. This writ is issued
by HC to lower courts, quashing the judgment of the lower court, directing the lower
court to transfer the case to higher court.

5. Quo-Warranto: means, ‘by what authority’. It is issued by S.C/H.C directing the

holder of the public office, to prove his legality in holding such office.

Article – 33: Parliament can impose limitations on the availability of rights to certain
people like armed forces, police personal intelligence & security forces.

Article – 34: Parliament of India can protect the actions of armed forces, police
personnel which are done in connection with security of India & law & order.

The Fundamental Duties: Part – IV Article – 51A

They were not originally present in the constitution but were inserted in 1976 by
42nd Amend act. They were recommended by Swaran Singh committee. They were
taken from Russian const. originally 10 Fundamental duties, but in 2002, 86 th
Amend. New duty the duty of Parent/ guardian to provide educational facilities (1°
edu. Facilities) to their wards between 6-14 yrs of age.

Fundamental duties:
 To abide by the const. & respect its ideals and Institutions, National flag &
National Anthem.
 To cherish and follow the noble ideals, which inspired our national struggle
for freedom.
 To uphold & protect the sovereignty, unity integrity of India.
 To defend the country & render National services when called upon to do so.
 To promote harmony & the spirit of common brotherhood among all people of
India, transcending religious, regional, linguistic, sectional diversities. To
renounce the practice derogatory to the dignity of women.
 To value & preserve the rich heritage of our composite culture.
 To protect & improve the natural environment, including forests, lakes, river
& wildlife; and to have compassion for living beings.
 To develop scientific temper, humanism, spirit of inquiry & reform.
 To safe guard public property & abjure violence.
 To strive towards excellence in all spheres of individual & collective activities.
 Providing 1° educational facilities to 6-14 yrs age group children.

PART – IV Directive Principles

· They are taken from Irish const.
· DPSP are guidelines to the central & state Govt. in their policy making.

Classification of Directive Principles: There is no classification in the const. however,

based on the nature, they are classified into 3 categories by Prof. M.P. Sharma.
1. Socialist principles – Articles - (38, 39, 41, 42, 43)
2. Gandhian principles – Articles – (40, 46, 47, 48)
3. Liberal principles – Articles – (44, 45, 49, 50, 51)

Article – 37: DPSP are non justifiable. Non justifiable means, if the DP is not
implemented, citizens can’t move to courts for their implementation.
Socialistic Principles: These principles imply that, Govt. should initiate certain steps for
Est. of egalitarian society, by preventing the concentration of wealth.

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Article – 38: The state to secure social order, for the promotion of welfare of the
people. To secure social, Economic, political justice & minimize inequalities among
the people.
Article – 39: The state shall provide securing an adequate means to livelihood and
ownership & control of material & equitality distributed and equal pay for equal
work for men/women.
Article – 41: right to work & employment, Right to education to all, Right to public
assistance.
Article – 42: Just & Humane working condition at work place. Maternity relief to
woman.
Article – 43: Living wages to workers, social security measures like insurance, job
security.

GANDHIAN PRINCIPLE:
Article – 40: Est. of Panchayat Raj institutions i.e., grama swaraj.
Article – 46: Special development & welfare programme for upliftment of down
trodden like SC, ST, and OBC.
Article – 47: Total prohibition of all drugs, liquors, injurious to public health; except for
the industrial & medicinal purposes.
-Only state to have total prohibition is GJ.
Article – 48: Ban on slaughtering of animals, which are useful to agricultural, dairy
department.
Liberal Principles:
Article – 44: Implementation of uniform civil code- It means, in the civil matters like
property, inheritance, marriage, divorce.
Article – 45: Free pre-1° education by 86th Amend, 2002.
Article 49: Protecting preserving all the places of historical significance.
Article 50: Separation of judiciary from executives.
Articles 51: Resolving all internal disputes, with other countries peacefully amicably
through negotiations.
·
Ddirectives, added by 42nd 1976 amend:
Article 39 A: Equal justice and free legal aids to the poor people.
· Providing such facilities & opportunities to develop the children in healthy
manner, protecting the against exploitation.
Article 43 A: Participation of workers in management of industry i.e. profit sharing.
Article 48 A: protection of environment & wildlife.
Directives other than part – IV in other parts of const.:
Part – 16, Art 335: The claims of SC, ST shall be considered in the matters of Govt.
services, without hampering the general merit. (Reservation)
Part – 17, Art 350A: The Govt. shall provide the facilities to impart Education in Mother
tongue .
Art 351, part – 17: recognizing Hindi as national language.

UNION GOVERNMENT – PART V

·We have parliamentary system both at central and state level also called
‘Westminster model’.
·The union executive shall consist of President, Vice President, PM with Council of
Ministers and Attorney General.

President of India
Article 52: There shall be office of President of India.
Article 53: All executive powers of union, rests with the President.

Election of President:
 Articles 54 and 56 deals with presidential election.
 He is elected indirectly by Electoral College through the system of proportional
representation, by the means of ‘Single Transferrable vote’.
 The Electoral College consists of elected MPs and elected members of state
legislative assembly (MLAs). However in 1992, by 70 th const. Amend. The MLAs of
UT of Delhi, Pondicherry were also included in the Electoral College came into force
in 1996.
-The value of vote of an MLA = (Total state population) / (no. of elected MLAs) X
1000.
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Article 58: Qualification for president of India.

 He must be citizen of India.
 Completed age of 35 yrs.
 No office of profit
 However MLAs, MPs, MLCs, ministers, Governors are exempted from office of
profit.
·
Salary of president
· It is fixed by Parliament, charged on the consolidate Fund of India.
· Presently its 1,50,000/-
· He is eligible for pension & allowances, facilities including rent free
accommodation.
· Salary cannot be reduced at any time including during financial emergency.
Terms & Tenure:
· Usually for 5 yrs.

Following are grounds on which vacancy occurs

A. 1. Completion of tenure.
2. New president shall be elected just before completion of tenure.
3. If election of president is postponed, same president continue in the office, not
withstanding completion of 5yrs.
B. Resignation: President addresses his resignation to vice president and vice versa.
Similarly speaker – Dy. Speaker (Vice versa) – Lok Sabha
Similarly Assembly speaker – Dy. Speaker (Vise Versa)
State Legislature council chairman – Dy. Chairman (vice versa).
Impeachment of President:
 It’s a quasi- Judicial procedure.
 Art 58, 61 deal with impeachment. President is removed only during violation of
const. But the term violation is not defined.
 This procedure is borrowed from America, but they defined the causes of removal.
 Motion can be initiated in any house of parliament. For that a notice of 14 days in
advance, should be given to the initiating house, signed by 1/4 th of total members
of that house.
 After that, that house has to approve the motion with 2/3 rd of total members of
house.
 Then the motion is transmitted to other house. The other house enquires the
allegations against the president by appointing a committee.
 Before enquiry can plead his case directly or through attorney. After that, the house
approves the motion with same majority, the president stands removed.
 In case of conflict, the motion gets defeated. So far impeachment motion has been
imposed.
 Death is also the ground for removal.
 Invalidation of election SC invalidates election of president, except on 1 st ground
new president shall get elected with as early as possible, as but not later than 6
months. Meanwhile vice president acts as president.

Powers & Functions of president are classified as:

 Executive Powers.
 Legislative Powers.
 Financial Powers.
 Judicial Powers.
 Military Powers.
 Diplomatic Powers.
 Emergency Powers. - Part-‘18’
However, this classification is extra – constitutional
1. Executive Powers :
· Art 53, says all executive authority of the Union shall be vested with the
president
· Appointment is the most important executive power.
 P.M, COM on the advice of P.M.
 Government, CJI, other judges of SC, HC, CJ of HC.
 All E.C, F.C, UPSC, SC, HC, Govt., diplomats, chief of Naval, army, air force etc.,
all by the advice of C.O.M, headed by P.M.
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2. Legislative Powers :
 Under Art-79, President is a part of parliament but not a member parliament.
 He summons the parliament; address the parliament in a joint session of the
parliament.
1. Every 1st meeting of every year.
2. 1st meeting of newly elected Lok sabha (L.S)
 He dissolves L.S on the advice of P.M.
 He prorogues the parliament.
 He promulgates ordinances. (Temporary law) under Art-123. When parliament is
not in session.
 Such ordinance must be approved by parliament, within 6 weeks (45 days), from
the reassembly of parliament.
 If approved, the ordinance becomes a law. If not approved/rejected, ordinance
ceases to have impact.
 Hence it is most important legislative power of president.
 Similarly governor also promulgates ordinances under Art-213 through same
procedure.
 It is co-executive power. [Ordinance making] with legislative powers of
parliament.
 It is not a discretionary power (depends on advice of parliament).
 A bill becomes an act after receiving the assent of president of India.
 President’s prior permission is needed to introduce certain bills in the
parliament.

3. Financial Powers:
They are procedural in nature i.e., no tax can be imposed or no money bill shall
be presents in L.S, no money is taken from consolidated fund without president’s
prior permission.

4. Judicial Powers:
Art-72 deals with Judicial Powers of president. He exercises certain judicial
powers to ensure an element of Humanitarian aspect to correct the possible
judicial errors.
 Pardon: Can pardon any sentence including death totally relieved.
 Remit (Remission) (Reduce): Reducing the length of the sentence with
changing nature
of sentence.
 Commute: Change the nature of sentence, without changing the length.
 Reprieve: (postpone) Staying the execution of sentence.
 Respite: (relief) some relief is given because of his/her special cord.
 Governor also exercises pardoning powers under the article 161, but not
pardoning of
death sentence. Moreover his actions are confined to the law related to
state only.

5. Military Powers: According to Art.53, president is the supreme commander of

armed forces.
· He can declare war and conclude peace.

6. Diplomatic Powers:
· President appoints diplomats, ambassadors’, high commissioners to various
countries.
· Other diplomats appointed by countries will present their credentials to the
president.

VICE PRESIDENT: Article – (63 – 69)

· This office was borrowed from American constitution.
· He is also elected just like president of India, same procedure. He is elected by
an electoral college consisting of only MP’s only. (including nominated)
· Moreover, the vote value of all Electoral College members is equal to one.
Qualifications: Same as president of India, and the only difference is instead of
being qualified to be elected as Member of Lok Sabha should be qualified to be
elected as Member of Rajya Sabha
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Tenure: Same as president for 5 years. (Vacancies occur same as that of president).
Removal procedure of V.P:
· Const. of India does not mention any reason for removal.
· Ground is deemed to be violation of const.
· The motion relating to removal of V.P should be initiated in Rajya Sabha. For that
a notice of 14 days in advance signed by 1/4 th of total members of house.
· Again after this L.S approves the motion with same majority, V.P stands
removed.
· Salary: Salary of V.P is determined by the parliament charged on consolidated
fund & cannot be reduced at any time.
· But V.P receives salary as chairman of R.S. Salary is Rs. 1,25,000/- apart from
allowers, pensions.

Powers & Functions of V.P:

 He is the ex-office chairman of R.S by virtue. He presides over R.S and conducts
business of R.S like speaker of L.S.
 V.P will act as president of India, in case of unexpected vacancies. (For maximum
of 6 months only).
 V.P also performs or discharges functions of president when the president is
unable to discharge his functions due to ill health/ otherwise, being abroad.
 There is no upper limit for discharging: No time limit.

Council of Ministers. (C.O.M)

Art-74: There shall be C.O.M headed by P.M to aid and advice the president.
-President shall act in accordance with the advice of C.O.M.
 In the original const. no specific provision is present which binds president of India.
However in 1976 by 42nd Amend, Art 74 was amended with the word “shall” was
inserted.
In 1978, by 44th Amend, another sentence was added i.e., “president may send back
for reconsiderable of C.O.M, but COM are not bound to accept. If sent again,
president should give his assent. Even if he does not give, it is deemed to be given.
Art-75: President appoints P.M on the advice of P.M other COM’s are appointed.
· COMs are individually accountable to president and they hold office, during the
pleasure of president.
· COMs are collectively responsible to L.S.
Size & Shape of COMs:
Nothing is mentioned in const. regarding Size of COMs. However, in 2003, 91 st
const. Amend the size of COMs is determined i.e., it shall not exceed 15% of total
members of L.S and no lower limit at L.S.
Same 15% of lower house at state level. At state level minimum no. of ministers
should be 12.
Constitutionally, all COMs are equal in their status & ranks no division is made.
However for admin. Conveniences, COM are classified as today as 3 categories on
recommendations. Gopal swamy iyengar committee 1949. {This is extra
constitutional}
· Ministers of cabinet rank.
· Minister of state rank. (with/without independence charge).
· Deputy Ministers.
Cabinet Ministers: They are independent ministers, who are head of their particular
department.
 All important portfolios are given the cabinet rank.
 P.M presides over the cabinet meeting.
 Usually a meeting is held for a week regularly.
 Hence, parliamentary system is called Cabinet form.
Art-77: President makes rules and reg. for convenient transaction of business
among different ministers.
Art-78: It shall be the const. duty of P.M to convey, committee, furnish all decisions,
developments of country to president.
· PM is a mediators or bridge between COM and president.
· President ensures collective responsibility.
 163, 164, 166, 167 at state level is similar to 74, 75, 77, 78 at central level
respectively.
· Under Art: 165 government of states (MP, CH, OR, JH) has to ensure that there must
be special ministry for welfare of states.
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INDIAN POLITY - LEGISLATIVE SYSTEM : UNION LEGISLATURE

o In India we have Bicameral legislature at Union level Bicameralism is optional at
state level. Bicameralism is optional at state level.
· Bicameralism was introduced at central level during 1919, Montagu–Chelmsford Act.
· Legislature at central level is known as Parliament.
· Art-79 defines parliament as president + LS + RS.
· The lower house is called “House of People”.
· The Upper house is called “Council of States”.
· Art-80 deals with structure and composition of R.S maximum strength of R.S is 250,
currently = 245.
· Of 250,238 are elected indirectly, through the system of proportional representation
indirectly by elected members of state Leg. Ass. (MLAs)
· Remaining 12 are nominated by president in fields of Art, lit, science, social service.
· Presently 233 are elected, 12-nominated.
Election:
 Members of RS are elected on basis of state. Tenure of RS is permanent
 Members are elected for a term of 6 years. For every 2 years 1/3 rd members
retire.
Note: Same procedure is also followed in election of state leg. Council.
Loksabha: {Art-81} Deals with structure of LS
 Maximum L.S strength: 552
 States elected: 530
 U.T elected: 20
 Anglo Indian Nominated: 2 ( If they do not have proper representation)
- As of now, it is 545 members. Elected are 543 members.
Note: Original strength of L.S was 525 (1 st L.S). But eventually increase to 552 in
1973 (31st Amend.)
 In 1976, 42nd Amend; strength of L.S was stabilized till 2000.
 By 84th Amend, in NDA Govt., extended till 2026. The base population was
1971 census. (Population had uniform growth)
Election:
·Elected directly
·They are elected on the basis of territorial representation.
·They are elected on the majority vote (=1 majority)
·L.S constituencies are delimited according to population. So far 4 times delimitation
committees were appointed.
·Latest delimitation comm. was appointed under chairman of Justice Kuldeep Singh.
·Accordingly 15 LS seats were delimited. Same also happened in case of MLAs.
Note: For SC, ST Reservation 2001 population was taken as base. So no. of SC, ST
seats have increased.
·The reservation for SC, ST in L.S and MLAs has been extended till 2020.
·So far reservation has been extended 10 times.

Qualification:
Loksabha – 25yrs, RajyaSabha - 30yrs. (attained)

Tenure:
o L.S tenure is 5yrs, but may be dissolved before.
o President dissolves L.S on the advice of PM.
o Normal tenure of L.S can be extended beyond 5yrs, 1yr at a time, during times
of National Emergency.
 However 5th L.S extended by 1yr by 42nd Amend, 1976, normally 6 yrs.
o However by 44th Amend, 1978, normal tenure of L.S of 5 yrs has been reverted.
o 5th L.S is longest L.S.
o Similar procedure can be applied to state assembly. This extension is also done
by parliament.
Note: For qualification of R.S, there was condition that he must be an ordinary
resident of the state from which he is contesting. This has been removed since
2003.
· Members of R.S are “elected in an open ballot system”. If necessary, to prevent
cross voting/horse trading.
· Candidate contesting for MP has to make deposit of Rs/-25,000. (General), SC, ST
(12,500).
Salary:
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· Salary of MPs is determined by parliament itself under Art.106.

Disqualifications
Art-102, in case of MP parliament, Art-191 in case of MLAs, MLCs deals with
disqualification.
1. If any member acquire foreign citizenship.
2. If any member misuses his office.
3. Proven criminal charges.
4. Election malpractices.
5. Non submission of election accounts in stipulated time.
6. If he is convicted under untouchability, dowry prohibition.
7. Under Anti-defection act.
-Governor disqualifies MLAs, MLCs, by consulting EC of India, but except on 1 group
by Anti-defection, “Presiding Officer” disqualifies, on the complaint of party
president.
Vacating Procedure of Seats:
· Resignation, addressed to presiding officer, with their own handwriting.
· Seat is said to be vacant if a member is continuously absent for 60 days to the
proceeding of the house without prior permission of president officer.
· Having deal membership in both the houses
a. Member of one house subsequently elected to other house, he has to give his
intent within 14days else the membership of former house is deemed to be
vacant.
b. If a candidate is elected to both the houses at a time, he has to opt his intent
within 14 days. In such cases membership of R.S is vacant.
c. If he is elected from 2 constituencies simultaneous he has to exercise his
option within 10 days else both are assumed to be vacant.
d. If he is elected for parliament and assembly, he has to resign to assembly else
the membership of parliament is deemed to be vacant.
PARLIAMENTARY PROCEDURES
i) Session: Session is a time span or period between commencements of the
business of the parliament until it’s concluded.
· Parliament should have min. 2 sessions in 1 yr. but that gap between session &
other is 6 months and should not be exceeded.
· Now as a convention, there are 3 sessions.
 1st Session: (Budget Session), in month of Feb – April, extending up to May.
 2nd Session: (Monsoon Session) in July – August
 3rd Session: (Winter Session) in Nov – Dec.

ii) Adjournment:
· It is the means of postponing the business of the house for a specific time.
· Presiding officer adjourn the houses.
iii) Adjournment Sine-die: If the business of the house is postponed indefinitely
without time & date, it is called Adjournment Sine-die.
iv) Prorogue: Termination of the Session or putting an end to the session. Prorogue
is a long Adjournment.
· President of India prorogue the houses.
· Governor prorogues the state legislature. When the house is prorogued, no
impact is felt on the pending bills.
· But, notices, pending in the house will be lapsed.
v) Quorum:
· Minimum no. of members to be present in each house in order to transact the
business.
· In India, Quorum is 1/10th of the total members of the house, including the
presiding officers.
· But at state level min. no. of members to be present is ‘10’ or 1/10 th
whichever is high.

vi) Question Hour: Question Hour is a legislative device/process of asking &

answering the question.
· No question can be asked without prior notice. The question hour is held
every 1st hour of each day.
· Every day the business of parliament commences with a question hours
usually for 1 hr.
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· There are 3 types of question hours.

1. Started Questions: for these, the ministers concern will be given in oral reply.
There is possibility of asking or 2 supplement question.
2. Unstarted Question: for these, the ministers concerned will give written form.
3. Short notice duration question: the minister concern has to give reply within 10
days only.

vii) Zero hour:

· This hour commences after completion of question hour. There is no specific timing
for zero hour. This procedure is indigenous (Indian) procedure, term coined by the
press.

a) Calling Attention motion: It is also an indigenous procedure. This motion can be

initiated in either house. For that, a notice signed by 2 members must be
presented to presiding officer. (Admitting/ not admitting any motion is
discretionary power of presiding officer).
· The purpose of calling attention motion is to attract the attention of the minister
concerned on a very important public problem, urgent in nature; in order to get
authentic information.
· This motion does not involve debate & voting. Simply minister makes a statement.

b) Adjournment motion:
· This is very powerful motion, an exclusive motion of lower houses (LS and
Assembly).
· For moving this motion, a notice signed by 50 members shall be given to speaker.
· The purpose of this motion is to attract the attention of the house in a very
important public problem, urgent in nature.
· There will be discussion & voting on this motion.
· If the motion is approved, Govt. need not resign, but Govt. is put to severe criticism,
reprimand.

c) No confidence motion:
· It is an ultimate motion. If this motion is approved by majority, Govt. has to resign.
· This motion has to be introduced in lower house. For that, a notice signed by 50
members, shall be presented to speaker.
· If admitted there will be discussion & voting. To introduce this motion, no specific
reason is to be mentioned or included.
· As a convention, not more than 2 no. confidence motions are allowed in the span of
6 months.
d) Motion of confidence:
· This motion is also introduced in lower house. This motion is initiated by the
executive.
· The PM or CM asks the house to express the confidence in his/her Govt.
· This motion is put to vote, usually no discussion. If the majority members express
confidence, Govt. survives else the Govt. resigns.

e) Censure motion:
· This motion can be initiated in either house. It can be introduced against minister or
some ministers or either COMs.
· The purpose of this motion is to serve a warning to the ministers, who are not
discharging their duties properly or having certain allegations in their ministry.
· In rare cases discussion & voting is allowed.

f) Point of order: A kind of objection mentioned in the house.

· The purpose of this point of order is to verify whether the house is transacting its
business properly or not.
· Speaker ruling is final.

g) Mention under rule 377:

· A matter which cannot be mentioned in any procedure so far explained (above), can
be mentioned under this rule.
· Generally the difficulties faced by MPs, while they are interacting with Govt.
authorities are mentioned under this category.
· This mention is known as special mention in RS.
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h) Lame duck session:

· It is the last meeting of members who are not elected in the eventual elections, will
have joint meeting with the elected members.
· This procedure does not exist in India.

Floor crossing:
· Member of an opposition party joining a party which is in power.
j) Carpet crossing: Member of a party in power joining the opposition party.
k) Horse trading: Jumping from 1 party to other generally known as deflection.

TYPES OF BILLS AND LAW MAKING PROCEDURE

Bill: It is a drafted legislative proposal. This is the 1 st stage of an act.
There are 4 types of bills. They are:
· Ordinary bill under (Art 107 & 108)
· Money bill under (Art 110)
· Financial Bill under (Art 117)
· Const. Amend. Bill under (Art 368)
Financial Bill:
· A bill is financial bill, if it contains provision for revenue/exp. of the Govt. Financial
bills are usually introduced in L.S. some finance bills may be introduced in R.S also.
· On the bills introduced by R.S. L.S, R.S enjoys equal power.
Money Bill:
· A bill is said to be money bill, if it contains some or all provisions of article-110 and
also should be certified by the speaker of L.S as money bill.
· Speaker certification is final, which can’t be questioned.
· The provisions of Art-110 are - Imposition, abolition, regulation, alteration of tax,
regulation of borrowing of money, custody of consolidated, contingency fund &
payment of money or withdrawal of money from such funds; appropriation of
money out of consolidation fund of India; or any other incidental expenditure.
· Hence all money bills are financial bills but not vice versa. (Financial bills certified
by speaker are money bills)
· Money bills are introduced only in L.S and it has exclusive powers on money & it is a
final authority. Prior permission of president is needed.
· R.S can discuss on money & propose amendments, but all above should be done by
R.S within 14 days. After 14 days bill is deemed to be approved.

Ordinary Bill: Bill other than money / financial bill.

Procedure of ordinary Bill:
· Ordinary bill may be initiated in any house. It can be initiated by a pvt. Member /
Govt.
· Ordinary bill undergoes 3 stages in each house, in order to become a law (act). The
stages are:
· 1st stage is called 1 st reading. In this, the minister concerned introduces the bill &
announces its purpose.
· 2nd stage is called 2nd reading. It is most crucial stage. In this stage, bill undergoes a
thorough discussion. Even amend. are also proposed. If necessary the bill may be
referred to select committee (only from L.S) or joint select committee (L.S & R.S).
· 3rd stage is called 3rd reading, the bill is put to vote & no further discussion takes
place except to vote or not to vote.
· It needs simple majority.
· The bill undergoes same stages even in other house after which the president gives
assent to become an act.

Deadlock between 2 houses:

· The conflict between 2 houses can be resolved by resorting to the joint session of
both the houses.
· President convinces the joint session under Art 108. That joint session is presided by
speaker of L.S.
· If speaker (absent) à Dy. Speaker (absent) à Dy. Chairman – RS (absent) à
speaker of the day elected.

INDIAN POLITY - PRESIDING OFFICER / OFFICES OF PARLIAMENT

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-In L.S speaker / Dy. Speaker are presiding officers. In R.S Chairman / Dy. Chairman
are presiding officers.
-At state level Assembly has Speaker / Dy. Speaker. At Upper house State Chairman
/ Dy. Chairman.
Panel Speaker / Chairman:
·In case of absence of Speaker / Dy. Speaker, there are 3-4 persons as panel
speakers, appointed by speaker, in order to conduct the business of the house.
·Similarly for the panel chairman.

Protem Speaker: (for a time being)

· He is appointed by prez from newly elected members of L.S usually senior most
(no. of times elected) is appointed. He is appointed to administer the oath of the
newly elected members.
· He continues until new speaker is elected.

Speaker & Dy. Speaker of L.S:

· Art – 93 deals with office of Speaker / Dy. Speaker in L.S. in Art – 178 deals with
office of Speaker / Dy. Speaker @ State Assembly.
· Office of Speaker was created at centre in 1919, during which he was called as
President.
· In 1935, name has been changed to Speaker.

Election:
· Speaker, Dy. Speaker is elected by members of L.S for the term of 5 yrs
constitution.
· As convection developed, office of Dy. Speaker is given to opposition party.
(Largest)
· Same convection is not practiced in state level.
· Speaker / Dy. Speaker should be members of L.S at the time of their election.
Removal:
àSpeaker / Dy. Speaker are removed by LS with majority votes.
 For that a notice must be served to house, 14 days in advance.
 During this motion persists against Speaker, he shouldn’t preside over L.S Dy.
Speaker prevails.
àSpeaker exercises his casting vote, in case of tie. But when removal process is
pending against him, he shall not exercise casting vote, but votes as ordinary
member initially.
àNo Speaker / Dy. Speaker have been removed.
Salary:
àSalaries of Speaker, Dy. Speaker is determined by Parliament, charged on
consolidated fund, and mentioned in schedule.
· Current salary 1, 25, 000/- (Speaker); 90, 000/- (Dy. Speaker)
Resignation:
· Submitted mutually (Dy. Speaker ↔ Speaker)
Powers:
· Presides & conducts business of the house.
· Speaker decides if a bill is money bill /financial bill.
· He presides over joint session of parliament. (In case of conflict between 2
houses).
· He is the Chairman / Prez of All India Speakers Association.
· He is ex-officio Chairman of Parliament committee like
 Rules committee
 Business Advisory committee
 General Purpose committee
· Though L.S is dissolved, Speaker continues until the new L.S is constituted.
· All presiding officers exercise casting vote. Once he is elected as Speaker of L.S, he
is deemed to be independent of any political party.
· Speaker / Dy. Speaker do not attract anti-defection laws though they defects from
one political party to other.
· Speaker is the monarch in L.S his decisions /rulings shall not be questioned
anymore including S.C.
PARLIAMENTARY COMMITTEES
· This committee system has been borrowed from U.K but most effective committee
system is in USA.
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· Parliamentary committees are certain members drawn from the parliament; to

exercise continues control over public admin. When the parliament is not in
session.
· Constitution does not mention any specific provision regarding parliamentary
committee. However Art – 88, Art – 105, mention parliamentary committee
situationally.
· Parliamentary committees are only situationally mentioned, in const., but nothing is
mentioned about structure, function, composition.
· Hence, their structure & functions are determined by the law made by the
parliament.
· There are 2 types of Parliamentary committee. Ad-hoc committee, standing
committee.
i) Ad-hoc committee: A committee constituted for a specific purpose & they cease to
exist, when they finish the task assigned to them.
ii) Standing committee: They are a kind of permanent committee which continues to
exist with change in the members. Standing committee is of 2 types. Ordinary
committees, financial committees.
· These 2 committees may be house / joint committees.
Features of parliamentary committees: (Financial committee)
· The members in these committees are elected by the houses according to
proportional representation. (Basic of party’s strength).
· They are elected for a team of 1 yr only; but generally continue for 2 yrs.
· Ministers should not be members of financial comm.
· Chairman of these comm. are appointed by L.S Speaker.
· Quorum of this comm. is 1/3.

àThere are 3 financial comm. they are:

a) Public accounts committees (PAC)
b) Estimates committees
c) Committee on public undertakings
a) PAC:
· Most power financial comm... & oldest Parliament comm. Of Parliament Est.
in 1921. It was a house committee in beginning but joint committee now.
· PAC consists of 22 members (15 – LS, 7 – RS)
· A convention which is followed from 1967 onwards is the chairman of this
committee is taken from opposition party.

Functions of PAC:
· The committee examines verifies how the money shown in the accounts has
been disbursed & verifies the expenditure if it confirms to the authority,
which governs it.
· It also examines the reports given by ‘CAG’.

b) Estimates comm..:
· Est. in 1950, on the recomm. Of John mathai the then (F.M)
· It is an exclusive committee of Lok Sabha having 30members.
· Chairman of this committee is appointed by speaker.

Function:
· It verifies the economics, improvement, efficiency in the organization & checks
whether particular estimate is consistent with policy underlined estimates.
· It suggests alternative policies in order to bring about economy in the admin. &
also efficiency.
· It also suggests the form in which estimates shall be presented to the
parliament.
· PAC, Estimates committees are called ‘Twin Sisters’ comm.. Moreover, Estimates
comm. is called ‘Continuous Economics comm...’

c) Committee on public undertakings:

· Est. in 1964, with the recomm. Of Krishna menon comm.. It is a joint committee.
(15 LS, 7RS).

Ordinary committees:
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· They are generally house, but some are joint. The joint ordinary committees are:

1. Committee of SC, ST: Total 30 members (20 LS, 10 RS)

àAll ordinary committees have members nominated by the presiding officers.
· The chairperson of joint is appointed by speaker. The chairperson of ordinary
house comm. is appointed by presiding officer.
· All the junctions of the SC, ST people are undertaken by this.

2. Committee on women empowerment:

· Est. in 1997, consisting 30 members (20 LS, 10 RS).
· It examines the reports given by National committee on women.

3. Committee on the office of profit:

· Est. 1992 consisting of 15 members (10 LS, 5 RS)

House specific:
1. Business Advisory comm.:
· Both for L.S, R.S separately
· 15 in LS and 11 members in RS.

2. Committee on petitions:
· LS – 15 members, RS – 10 members.
· This committee is known as ombudsman committee [ombudsman (vigilance)]

3. Committee on privileges of members:

· LS – 15, RS – 10
· This has certain quasi judicial functions.

4. Committee on Govt. assurances: LS – 15, RS – 10.

5. Committee on pvt. Member bill: Exclusive of LS having 15 members, Dy. Speaker

is chairman.

6. Ethics committee:
· Constituted in RS – 1997, LS – 2000.
· Membership varies from time to time.

7. Dept. standing committees:

· In 1993, 17 dept. committees have been constitutes the no. has been increased
to 24 in 2004.
· Every comm.. has 31 members (20 LS, 11RS)
· These committees deal all dept. separately for any dept.
STATE LEGISLATURE
· Part – VI, Article (152 – 237) deal with state legislature executive, judiciary.
· This is the 2nd largest part of const. with 86 articles.
 Article (168 – 212) deal with state legislature.
 Article 168 composition of state legislature
· State legislature shall consist of Governor, the Lower House and the Upper
House (Legislative Council).
 Article 169 procedure of creation / abolition of state U.H.
· If the state Lower House approves the resolution with special majority and that
resolution is ratified by parliament, the President issues order for creation /
abolition of Upper House.

· MLAs are elected like that of LS.

· Tenure: 5 yrs, but can be dissolved by the Governor on the advice of CM.
Note: Even Prez. Can dissolve State Ass. Under Art 356.
The normal tenure can be extended during National emergency up to 1 yr at a time.
Composition of Legislative countil:
Of the total Indirect:
1. 1/3rd MLC are elected by MLAs.
2. 1/3rd MLCs are elected by local bodies.
Direct:
3. 1/12 MLCs are elected by Govt. teachers.
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4. 1/12 MLCs are by graduates of 3 yrs standing.

5. Remaining 1/6th are nominated by Governor from amongst persons who are eminent
in the field of Art, Lit., social service, science, cooperative sector.
·Leg. Council is a permanent house, unless it is abolished.
·Members are elected for the term of 6 yrs; but for every 2 yrs 1/3 rd members retire.

Qualification:
· For MLAs attained 25 yrs like LS
· For MLCs attained 30yrs like RS.
· Salary of MLCs is fixed by legislature itself.
· Article 191 deals with disqualification of MLAs, MLCs

Governor: Part – 6 Art (152 – 167)

Art- 153: There shall be a governor for every state.
· However a common governor may be appointed for 2 /more states.
· This provision was included in the const. in 1956 by 7 th const. Amendment.
Appointment:
· President appoints Governor for the term of 5 yrs. Under Art – 155.
· But Governor holds the office during the pleasure of president.

Removal:
· President removes the governor with / without a ground.
· Governor has no security of tenure.
Qualifications: Art – 157 deals with qualifications.
· Completed 35 yrs of age. (Others same as prez).

Conditions: according to Art 153, candidate to be appointed as governor should not

be MP, MLA. In case they are appointed, seat in legislature is deemed to be vacant.

Salary:
· Governor receives a monthly salary of 1, 10, 000/- & eligible for other
allowances @ Raj Bhawan.
· Salary of Governor is mentioned in II schedule.

Powers & functions of Governor:

i) Executive powers:
· According to Art – 154, all executive authority of the state is carried in the
name of Governor.
· Govt. appoints all important persons in the state like CM, COMs, Advocate
general, chairman & members of SPSC, state EC, FC, vice chancellors of state
university.

ii) Legislature functions:

· Acc. To Art 168 Govt. is a part of state legislature but not a member.
· He summons the state legislature.
· Address the state legislature.
· Prorogue, dissolves state Assembly.
· Nominates 1 Anglo Indian to Assembly, 1/6 th nomination to council.
· Bill becomes acts after governor’s accent.
· Promulgate ordnance under 213.

iii) Financial powers: same as prez.

iv) Judicial power: Art 161 same as prez.

· Governor does not enjoy diplomatic / military powers.

Role of Governor – discretionary powers:

Art - 163:
Clause 1: says there shall be CM with COM, to aid & advice the governor in
exercising his powers, except in so far as he is by or under this const. is required to
exercise his functions, in his discretion. Governor can act/use his discretionary
powers according to const. this type of categorical mention is not there in Art –

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Clause 2: if any question a rises whether any matter is / is not a matter as respect
which the governor is by / under this const. required to act in his discretion,
governor decision is final & validity of anything done by Govt. shall not be called in
question on the ground that, he ought/ought not to have acted in his discretion.

Clause3: Any question whether any and if so what, advice was tendered by
ministers to the governor shall not be enquired into in any court. This is immune to
judicial review same is applicable to prez under Art 74
Governor exercise 2 types of discretionary powers:
1. Constitutional discretionary
2. Situational discretionary

1.Situational:
· Appointments of CM if no party enjoys majority.
· Testing the majority of Govt.
· Dissolving assembly
· Recommendation of prez rule under Art 356.
· Sending the bill for reconsideration of COMs.
· Reserving a bill for the consideration of prez. Under 200, 201.

2. Impact on centre – state relation:

· The executive jurisdiction of central Govt. is extended to state list.
· Central Govt. is empowered to make laws in the state list, under Art – 250

3. Impact on Legislature:
· Normal tenure of Legislative Assembly is extended up to 1 yr. at a time by the
parliament;
· However Assembly can’t be extended beyond 6 months, after revocation of
emergency.

Constitutional Emergency:
àArt – 355 says, it shall be the duty of the union to protect every state against
external aggression & internal disturbances & to ensure that Govt. of every state is
carried on in accordance with provisions of const.

àIf a situation has arisen in which there is breakdown of const. machinery / const.
crisis, after receiving the report of Govt. / otherwise prez proclaim Art – 356.

àSuch a proclamation must be approved by parliament within 2 months with simple

majority. Once approved, it is extended by another 6 months.

However, this can be extended up to max of 3yrs provided following cond. exists:
a. If National emergency is already proclaimed in country.
b. If EC certifies that elections could not be conducted in a free fair manner in the
State.

Consequences:
1. State Govt. is dismissed; ousted.
2. Assembly may be dissolved or may be kept under suspended animation & can
be revoked.
3. All executive power is assumed by President, but runs admin. through
governor. Advisors are appointed to the Governor.
4. Parliament /person appointed by parliament makes laws for the state (also by
prez by ordinances)
5. Parliament approves the budget by state.

Financial Emergency:
· Art – 360, prez proclaims financial emergency if there is threat to the credibility
od India with advice of COM.
· Such a proclamation should be approved by the parliament within 2 months.
· Once it is approved emergency is extended indefinitely. It is continues until
revoked.
· President can revoke emergency any time.

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Consequences:
· All the financial powers of state Govt. are restricted that means state Govt.
cannot impose Tax or present budget or money bill without permission of
present.
· Salaries of all persons serving under union, including judges of SC, HC will be
reduced.
· So far no financial emergency has been imposed.

INDIAN JUDICIARY
· In India we have integrated, independent, single, impartial, supreme judiciary.
· Single judiciary means there is one set of judiciary for both central & state Govt.
· Supreme Court also known as federal court is the highest court in India. It is called
federal because, it resolves federal disputes between Central & states.
Supreme Court of India
· Art – 124 deals with structure & composition of SC.
· At present the number of Judges are 1 CJ + 30 judges.
·Apart from these regular judges, certain ad-hoc acting judges may be appointed in SC.

Appointments:
· Prez makes all appointments including CJI. While app. Other judges of SC, prez has
to consult CJI & 4 senior judges of SC known as collegiums. (1 CJI + 4 Senior
Judges) à collegiums.
·This collegiums concept was developed by SC in 3 rd judge case in 1993.
·While appointing CJI, prez may consult or may not any judge of SC / HC.
Qualification of Judges of SC:
·He should not have completed 65yrs.
·He must be a practicing advocate of H.C for not less than 10yrs. (or) he must be a
judge of HC for not < 5 yrs or he must be a famous jurist.
·Salary is fixed by parliament, charged on consolidated fund, will not be reduced on
consolidated fund, will not be reduced except during course of financial
emergency.
·They are eligible for pension after retirement, at present CJI + 1lakh, other judges
RS. 90,000 & all other facilities.
Removal of HC, SC Judges:
· Judges of Supreme Court and High Court are removed on the grounds of incapacity
& misbehavior, under Art-124 and Art: 217 respectively
· The resolution/motion relating to their removal may be initiated in either house of
Parliament.
· A notice signed by 100 members of Lok Sabha and in case of Rajya Sabha signed by
50 members shall be presented to the presiding officer, 14 days in advance.
· The house will enquire by appointing a Judges Enquiry committee. This committee
normally consists of a judge of Supreme Court, Chief Justice of High Court and a
senior advocate of Supreme Court.
· After the enquiry, if the charges stand proved, the motion will have to be approved
by special majority separately by each House of the Parliament. And on approval,
the President removes the Judge from his Office.
Powers & Functions of Supreme Court:
1. Original Jurisdiction.
2. Appellate Jurisdiction.
3. Advisory Jurisdiction.
4. Court of Record.
5. Writs Jurisdiction.
6. Custodian of const.
A. Original Jurisdiction:
· Under Art – 131, original jurisdiction, Supreme Court has exclusive special
powers.
1. Protect. Of FR under Art – 32
2. Federal disputes (centre – state, interstate)
3. Election disputes relating to President, V.P.

B.Appellate Jurisdiction:
The following are the cond. to appeal a case from HCàSC. There are 4 types of
appeals.
1. Constitution Appeals under: (Art: 133)
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· If HC certifies that the case involves further / deeper interpretation of const., all
such cases can be appealed.
· Both HC, SC interprets, but SC interprets too finally.
2. Civil appeals under 133:
 Any Civil matter where HC declares that it involves substantial question of
law.
3. Criminal Appeals:
 If HC on appeal from lower court completely reversed the judgments of the
lower court & the accused has been sentenced to death. (Or) vice versa, all
such cases can be appealed to SC.
4. Special leave petition: (SLP) Art – 136
 SC gives special permission to take cases on appeal.

C. Advisory Jurisdiction:
· Prez. Under Art. 143 may seek/ask the advice of SC on 2 aspects.
o On any question of law.
o On any question of fact.
· Advice given by SC may/may not be followed by Govt and SC may/may not
give the advice.
· It is not mutually binding. Only president can ask advices.

D. Court of Record:
· It means, all the SC judgments are binding on lower courts.
· SC judgments will have evidential value in lower court. Evidence value means,
they can be taken as witness (or) case laws.
· If any deviation/dishonors to the judgments of SC is done, it amounts to
contempt of court, under Art – 129, which is a punishable crime.

E. Writ Jurisdiction:
· SC issues writs under Art – 32 to protect FR refer to Art – 32.

F. Custodian of Constitution: SC protects the const. against encroachments of

central & state govt & maintains constitutional supreme under Art - 13, 32, 131,
246.
· Under Art – 138, parliament may extend Supreme Court jurisdiction.
· Under Art – 139 A, Supreme Court may call all the cases which have similar
issue in the HC consideration.
· Acc. Art -142, parliament has to implement the judgment of SC.
· Acc. Art – 146, salaries of staff of SC are also charged on consolidated fund of
India.

INDIAN FEDERATION CENTER - STATE RELATIONS

o Part 11, 12 deals with Centre State relations (Art 245 – 300).
o 7th schedule deals division of powers between centre – state.
o There are 3 fold divisions of powers in the const.
1. Union list (list 1)
2. State list (list 2)
3. Concurrent list (list 3)
Union list: Originally there were 97 items, now there are 100 items.
This list has parliament making laws to it.
All the matters of national significance. They are banking, currency, all major 3
sectors, defense, nuclear energy, External relation.
State list: Originally there were 66 now 61 items
Matters of local significance namely Agriculture, law & order, jails, local self Govt.,
co operations, mining, sports.
Concurrent list: Originally 47, but now 52.
Civil & criminal procedures, socio – economic planning, education, forest,
protection of environment & population control legal metrology.
All the residuary items (unremunerated) have been assigned to centre; to ensure
strong central govt.

Part – 11 Art – 245 – 255 deals with legislative relation

Art 245 – the extent of the laws made by parliament & state legislature.

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Law made by state govt. is confined to territorial jurisdiction of the state.

Law made by the parliament is applicable to all citizens in India & also to citizens
living abroad.
This is known as ‘Extra territorial legislation’.
Art – 246 – division of powers in 3 lists.
Art – 248 – residuary powers of the centre.
Art – 249 – If RS approves resolution with special majority & declares that, one of
the subjects in state matter has acquired national significance on this basis;
parliament can make law in ‘state list’.
Art – 250 – Parliament can make law on the state list subjects during the times of
national emergency.
Art – 251 – in case of a conflict between the laws made by parliament in state list
under art 249, 250 with the laws made by the state in the state list, the central law
prevails.
Art – 252 – If 2 / more than 2 states request the parliament, to make law in the
state list, parliament can make laws in the state list subjects.
Art – 253 – parliament can make a law in the state list, to implement international
agreements, treaties & national policies.
Art – 254 – making a law in the concurrent list. If state govt. makes a law in
concurrent list, with prior permission of president, state law prevails.
However, if parliament makes law on same subject matter made by state. If there is
conflict between 2, the state law prevails to state of non-inconsistency, central law
to extent of inconsistency.
Art – 255 the prior permission of president & government of a state, on certain kills
& proposals is a matter of procedure only.

Admin Relations between Centre- State Art: [256-260]

- These relations are called ‘Municipal’.

Art – 256: Every state government has to exercise its executive authority in such a
way, not to prejudice the authority of the centre.
Art – 257: Central government may give admin directions or orders to every state
government w.r.t protecting the properties of central government in the state.
So every state government has to comply with such orders. If it violates, it amounts
to the constitutional violation
Art – 258: Central government can entrust some of its function to the state
government with/without conditions.
Art - 258(A) Inserted in 7th Amend, 1956, says that even states can entrust some
of the functions to central government with/without conditions. These 2 articles
imply cooperative federalism.
Art – 260: Central government administers newly acquired areas.
Art – 261: All the records, certificates & other documentary evidences issued by
various states must be honoured in all parts of India.
Art – 262: Parliament, by law may establish interstate river water dispute tribunals.
This tribunal is a legal body (Under parliament).
Art – 263: President may establish an interstate council, to recommend
suggestions w.r.t centre-state or interstate relations.

Financial Relations between Centre – State:

Part 12th Articles [264 – 300] deal with financial relations.

Art – 265: No tax shall be imposed save by authority of law. [No taxation without
legislation].
o This is a legal right / constitutional right.
Art – 266: Consolidated Fund of India, consolidated fund of states & public account
of India,
All the revenues received by GOI, all borrowing / loans made by GOI are credited
into this fund.
All expenditures are met from this fund. There are 2 types of expenditures on this
fund. (i) Expenditure that is charged – not subjected to voting; and (ii) expenditure
that is voted.
Art – 267: Contingency fund of India & states.

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Contingency fund is a permanent advance in the hands of president, in the nature

of imprest to meet unforeseen expenditures due to calamities. The parliament
appropriates the expenditure from this fund.
Art – 268: Division of resources between centre & states.
These are exclusive areas on which central government can impose taxes, collect
amount & retain the amount.
According to Art – 268, there are certain taxes, which are imposed by central
government & collected by states & also retained.
Ex: Tax on medicines, cosmetic preparation containing alcohol, stamp duties.
Art – 268(A): Service tax imposed & collected by central government, but shared
between centre & state. Service tax had been added to central list on 88 th Amend,
2003.
Art – 269: Taxes which are levied and collected by central government, but
collected amount is given to states, where the amount is collected.
Ex: terminal taxes, sales tax on newspapers & advt. Surcharge on railway fares &
freights.
Art – 270: Some taxes are imposed & collected by centre. But collected net
amount is shared between centre & states.
Ex: IT, central excise & all other taxes not exclusive to centre & states.
Art – 271: Surcharges on certain duties & taxes for the purpose of union are not
sharable.
Ex: Surcharge on IT is not sharable.

Art – 280: Finance commission of India.

A constitutional body, constituted by president for every 5 years. FC shall consist of
chairman & 4 other members. Chairman should have knowledge of Public Affairs.
One each of the four members shall be a Judge of High Court, expert in Economics,
expert in financial administration and expert in Audit and Accounting respectively.
Functions of Finance Commission
1. Makes recommendations regarding division of revenues between centre –
states.
2. Makes recommendations regarding grant – in –aid to the states. Under 275,
from consolidated fund of India.
3. If also makes recommendations w.r.t allocation of resources to local
government under 73rd , 74th Amend.
4. It also gives suggestion, advice to president on all financial matters which are
referred to it.
5. FC submits its report to president under (Art: 281).
àAll the functions of F.C are advisory in nature. Centre may/may not accept.
LOCAL SELF GOVERNMENT
Local Self Government:

à73rd, 74th Amend. Deal with local self govt.

This local self govt. come sunder state list subject.
Local self Government in India after 1950:
In 1952, central govt launched community development program (CDP) at block
level (samithi).
In 1953, another program was launched NEP. National Extention Program.
In 1957, central govt. planning commission constituted a study team under the
chairmanship of Balvanth Rai Mehta to review the working of Community
Development Programme, National Extension Program.
· B.V. Rai Mehta committee recommended for the development of 3 tier P.R
systems.
1. Gram Panchayat at village level. (head – sarpanch)
2. Mandal Panchayat or Panchayat samithi @ taluk or intermediate level.
3. Zilla parishad at district level.

· Rajasthan, on 2nd Oct 1959 established the first Panchayat Raj System in India.

· After Balwanthrai committee, the important Committees constituted were Ashok

Mehta Committee and G.V.K. Rao Committee. However, it was L.M. Singhvi
Committee appointed by Shri Rajiv Gandhi in 1986 that recommened for a
constitutional status to the Panchyat Raj Institutions.
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Features of 73rd & 74th const. amend.:

a. 73rd amend deals with Panchayat raj institutions. The structure of P.R institution
in 9th part Art – 243 (A-O).
b. Functions of P.R institution is in 11th schedule.
c. 74th amend deal with nagarapalikas (urban local govt), in part – (A) from 243 (P-Zg)
à3 tier system needs to be continued rural & urban areas. They are in urban areas.
 Nagara Panchayat
 Municipality
 Municipal corporation
àHowever 3 tier system is not applicable to J & K; & the states having < 20lakhs
population.
· The min. age to contest in all local bodies is 21 yrs attained.
· Representatives in all local bodies are elected directly. However, the head of
gram Panchayat is elected acc. To the procedure determined by state govt.
· The head of mandal & district level is elected indirectly on party basis.
· Reservations are provided to SC, ST according to their population. Reservations
are also provided to BC acc. To % fixed by state govt.
· Not less than 1/3rd seats are reserved to women in all categories.
· There shall be a state E.C to conduct elections for local bodies under Art – 243 – K.
· There will be a state finance commission under (243 – I).
· However minor changes can be made by the state legislature without disturbing
the spirit of 73rd, 74th const. amend.
Important Articles of 73rd & 74th Amend
Art – 243(A): Const. of Gramasabha
 It is a non elected body consisting voters of that grama.
 It is an advisory body, giving advising to Panchayat about policies and
programs.
Art – 243(B): 3 tier system.
Art – 243(C): Election to local bodies (directly)
Art – 243(D): The reservation in G.Panchayat.
Art – 243(E): Tenure of Panchayat
Art – 243(F): Disqualification.
Art – 243(G) : Function of Grama Panchayat
: 11th schedule deals with 29 functions.
o Main function is to provide civic amenities to civilians and part of rural development
like agriculture.
Art – 243(H): Income resources to Panchayatist.
Major source is central – state government grants.
Apart from it, local taxes like ppty tax, professional tax, entertainment tax, octroi,
market etc.

Art – 243(I): State finance commission.

- Appointed by government for 5 years term.
- Makes recomm. for revenue division between state – local bodies.
- This is a constitutional body.

Art – 243(K): State election commission.

- Appointed by government for 5 years.
- It’s a constitutional body.
- State election commission is removed like HC Judges like removed by president
on resolution by parliament.
- It conducts election to local bodies.

Art – 243(M): Certain except for 3 tier system.

- 3-tier system is not applicable to hilly areas of Mg, Mn, Mz, Ng, Darjeeling dist of WB.

74th amend:
Art – 243(Z) (d): District planning committee
Art – 243(Z) (e): Metropolitan planning committee, for cooperation having >
10lakh population.

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CONSTITUTIONAL OFFICES
· A constitutional office is one which is created by the constitution.
- Ex: Its powers, structure; function is determined by constitutional election
commission, public service commission, CAG, AG, ADG, National commission for
SC, STs.
· Legal office is one which is created by law of the parliament or by state legislature.
- Ex: NHRC, NC women, NC children, NC for BC, UGC, and Legal office is also called
statutory bodies.
· Extra constitutional bodies are those, which are created by order/ decision of
cabinet.
- Ex: Planning commission, NDC, National Advisory Council (NAC).

1. Election Commission of India :

· Part 15th, Art – (324 – 329) deal with elections in India.
· Art – 324 deals with structure & composition of ECI.
· ECI has 1 chief election commissioner and two election commissioners.
· There will be such no. of other commissioners, as decided by president, regulated
by parliament.
· ECI is a multi membered body. It became functionally multi membered 1 st time
in 1989.
· However, in 1990 it was reverted into single membered body, when V.P.Singh
was P.M.
· Again in 1993, When P.V.Narasimha Rao was PM it was converted into
multimember body with an ordinance, approved by parliament.
· CEC and other commissions are appointed by president for term of 6 years &
retire at the age of 65 years, whichever is earlier.
· Removal: CEC is removed like that of SC judges. Other commissioners are
removed by the president on CEC advice.
· Salary is equivalent to SC judges for CEC & other commissioner. Even powers &
functions, CEC & other commissions are same.

Powers & Functions:

ECI exercise 3 types of powers & functions:
 Admin. functions
 Advisory functions
 Quasi judicial functions

Admin. functions:
· Preparing voters list.
· Issuing notification of election is through president / governor by ECI, except local
bodies.
· However, MP elections notification is issued by president.
· ECI decides controls, regulates, and supervises elections.
· It recognizes political parties & allots party & election symbols.
· It also gives status to political parties like national, regional, recognized, registered
parties.

Quasi judicial functions:

· In case of disputes among political parties regarding symbol or other related
problems, it decides the cases.
· Any dispute during the elections will be decided by ECI.

Advisory functions:
· The removal of state MLAs, MPs by Govt. prez on ECI advice.
Art – 326: provides right to vote.
Art – 329: once electoral process is commenced, courts are barred in the
interference of electoral process.

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PUBLIC SERVICE COMMISSIONS: part 14 of const. from Art – (315 – 323) deals with
PSCs.
UPSC SPSC JPSC
UPSC consists of a It consists one chairman &Parliament of India estb.
chairman & such no. of such no. of members, JPSC for 2 or more states.
other members as decided by the governor. -There is no state with
decided by president. àCurrently ‘1 + 9’. JPSC.
àCurrently ‘1 + 10’. Name of APPSC bhavan is -President appoints
pratibha bhavan. chairman & members of
JPSC.
President appoints Govt. appoints for the Appointed by president,
members & chairman for term of 6yrs but retire at for 6yrs & 65yrs max. of
6yrs of age. 62yrs of age. age.
Note: original const.,
retirement age was 60,
but was to 62 in 1976 by
amend. Act.
Salary is fixed by Salary of SPSC varies from Salary is decided by prez
president ≈ judges of SC. state to state. In AP shared by states.
chairman gets HC judge
salary.
Governor of state can
suspend the chairman /
members of SPSC.
The chairman of UPSC
after retirement is
ineligible for subsequent
govt. appointment.
- No specific qualification for any member of PSCs. But, half of members of PSC
must be taken from admin. services. The remaining half by discretion of govt.

Functions:
PSCs are basically advisory bodies on service matters of govt employees.

Service matters:
- Recruitment , Appointment, Promotion, Disciplinary Action & Retirement

Comptroller & auditor general: CAG

· This office has been taken from England. It is highest constitutional office,
appointed by prez by warrant under his seal & signature.
· Hence, CAG has to take oath before entering his office which is administered by
prez, in 3rd schedule.
· Term: 6yrs, retires @ 65yrs whichever is earlier.
· No specific qualification is mentioned. But he is generally taken from Indian Audit &
account service (IAAS).
· Removal: same as judges of SC by parliament.
· Salary: fixed by parliament, charged on consolidated FI can’t be reduced @ any time
to his disadvantages except during Financial emergency (90,000/-).
· Eligible for pension after retirement. Salary ≈ SC judges. All these details are
mentioned in Art 148.
· Parliament regulates the service conditions of CAG. Thus, parliament made an act in
1971, amended in 1976.
· Thus, since then, accounting has been separated from auditing;(1976)
· After retirement, he is not eligible for subsequent appointment.

Functions of CAG:
 Audits & reports expenditure from all funds CFI, CFS, const. FS, PAF of state, India.
 Audits & reports on working of various public undertakings by GOI & state govts.
 He provides technical expertise, advice, to the financial committee of the
parliament.
 He is a fixed philosopher, guide to PAC.

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 He gives certificate regarding net proceeds of division of resources / revenues

between centre & state.
 He provides advice to prez on matters relating to auditing & accounting.
 He submits his report under Art 151, to the president, in case of central accounts, to
governor in case of state accordingly, as CAG is a common constitutional state
govt.
 Thus, CAG is called custodian of national exchequer. The auditing done by CAG is
just post-motem of accounts.
 In India, we do not have pre-auditing system. Prior permission of CAG is not
required for spending the money. Thus CAG is just an auditor not a comptroller.
 CAG is regarded as an extended arm of the parliament.

Attorney General of India Auditor General of State

Acc. To Art 76, prez appoints At.G, holds Acc. To Art 165, governor appoints Au.G,
office during the pleasure of prez holds during pleasure of governor.
Posses the qualification as that of SC Posses the qualification as judge of HC.
Salary SC judges 90,000/- Salary HC judges

Highest legal officer in India. Chief legal Highest legal officer in state chief legal
advisor to central govt. he appears advisor of state govt. appears on behalf
before any court, on behalf of central of state govt. & pleads the case.
govt & pleads the case.
He can take part in the parliament He can take part in assembly, without
proceedings without right to vote. right to vote.
1st At.G: M.C. Setalvad Current Au.G: Sudarshan reddy
Present At.G: Vahanvati

National Commission for SC, STs:

· Const. provided certain protection for SCs, STs, in FRs & in other parts of const.
· Art – 338 says, there shall be a National commission for SCs, STs.
· In 1978, Janta party appointed 1 st commission under the chairmanship of
Bolapaswan sastry.
· In 1990, by 65th amend, constitutional status was accorded to national
commission for SC, STs, which was a common commission.
· In 2003, by 89th const. amend, a separate commission was constituted for STs;
under Art – 338 (A).

àStructure, composition & powers of both are same.

Composition & Structure:

· The commission has chairman, vice chairman, and 3 other members, appointed by
prez for the term of 3yrs.
· Prez is empowered to remove them, after an enquiry made by judge of a SC.
· The chairman of this commission has cabinet rank. Vice chairman has MOS rank,
members have Dy. Ministers rank.

Power & Functions:

1. National commission for SC, ST enjoys the powers of a civil court. They are:
issuing summons warrants; ask for evidence.
Note: ‘highest judicial office = CJI’.
2. Commission needs to be constituted by central govt regarding all party matters
for SC, STs.
3. It enquires the allegations of violation of SC, ST rights, submits report with
suggested action to govt.
Legal offices include
 NHRC at central & state.
 National commission for BC, minorities, women, children (also state)

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