GOVERNMENT POLYTECHNIC COLLEGE –KALAMASSERY

DEPARTMENT OF ELECTRICAL & ELECTRONICS ENGINEERING

COURSE TITLE: INDIAN CONSTITUTION

COURSE CODE: 6002

STUDY MATERIALS

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 Module -1

CO 1. Describe the evolution and spirit of the constitution and its basic principles.

1.1.Constitution- Definition and Significance

The Indian Constitution is the supreme law of India, serving as the fundamental legal
document that establishes the structure and functions of the government. It was adopted on
January 26, 1950, replacing the Government of India Act (1935), and it came into effect,
marking India's transition to a sovereign republic.

Definition: The Indian Constitution is a comprehensive document that lays down the
framework for the political principles, establishes the structure of the government, defines the
rights and duties of citizens, and sets out the directive principles for governance. It is a
written constitution, making it one of the lengthiest in the world, and it draws inspiration
from various sources, including the constitutions of other countries.

The Constitution of India reflects the ideals of justice, liberty, equality, and fraternity, as
enshrined in the Preamble. It consists of a preamble and several articles that cover various
aspects of governance, including the distribution of powers among different branches of the
government, the rights of citizens, and the principles of social and economic justice.

Significance:

1. Democratic Governance: The Constitution establishes India as a sovereign, socialist,

secular, and democratic republic. It provides for a parliamentary system of
government, with elected representatives chosen by the people.
2. Fundamental Rights and Duties: The Constitution guarantees fundamental rights to
the citizens of India, such as the right to equality, freedom of speech and expression,
and protection against discrimination. It also outlines fundamental duties that citizens
are expected to uphold.
3. Separation of Powers: The Constitution delineates the separation of powers among
the executive, legislative, and judicial branches of the government to ensure a system
of checks and balances.
4. Federal Structure: India follows a federal structure with a division of powers
between the central government and the states. The Constitution provides for a list of
subjects on which each level of government can legislate.
5. Directive Principles of State Policy: These principles guide the state in the
formulation of policies and laws, aiming to establish social and economic justice and
promote the welfare of the people.
6. Amendment Process: The Constitution allows for amendments to adapt to changing
circumstances, but it also provides a stable framework for governance.
7. Protection of Minorities: The Constitution includes provisions to protect the rights
and interests of minority communities, ensuring a secular and inclusive society.
8. Judicial Review: The judiciary has the power of judicial review, enabling it to
interpret the Constitution and safeguard the rights of citizens.

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1.2.Outlining the evolution of the Indian Constitution- Government of India Act 1909,
1919, 1935, Indian Independence Act 1947

The evolution of the Indian Constitution is marked by a series of legislative developments

and constitutional enactments that laid the groundwork for the eventual adoption of the
Constitution of India in 1950. Here is an outline of the key milestones in this evolution:

1. Government of India Act 1909 (Morley-Minto Reforms):

o Year: 1909
o Features:
▪ Introduction of separate electorates for Muslims.
▪ Limited expansion of legislative councils and increased Indian
representation in them.
▪ Communal representation was institutionalized, creating a system
where seats were reserved for different religious communities.
2. Government of India Act 1919 (Montagu-Chelmsford Reforms):
o Year: 1919
o Features:
▪ Introduction of the principle of dyarchy, where certain subjects were
transferred to Indian ministers while others remained under British
control.
▪ Expansion of legislative councils with increased Indian representation.
▪ Separate electorates continued, and communalism was further
entrenched.
3. Government of India Act 1935:
o Year: 1935
o Features:
▪ Significant expansion of provincial autonomy, with elected
governments in the provinces having more powers.
▪ Introduction of the federal structure, with a bicameral federal
legislature and separate provincial legislatures.
▪ Separate electorates and communal representation continued, but with
some modifications.
▪ Abolition of dyarchy and the introduction of the concept of a federal
court.
4. Cripps Mission (1942) and Quit India Movement (1942):
o During World War II, the British government sent the Cripps Mission to
negotiate with Indian leaders for support in the war effort. However, the talks
failed.
o In response, the Indian National Congress launched the Quit India Movement
in 1942, demanding an end to British rule.
5. Indian Independence Act 1947:
o Year: 1947
o Features:
▪ The Act provided for the partition of British India into two
independent dominions – India and Pakistan.
▪ It granted legislative sovereignty to the newly formed dominions and
transferred power to the Indian leadership.

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 ▪ The Act came into effect on August 15, 1947, marking India's
independence.
▪ The princely states were given the option to join either India or
Pakistan or remain independent.
6. Constituent Assembly and Constitution of India (1950):
o The Constituent Assembly, established in 1946, played a crucial role in
drafting and adopting the Constitution.
o Dr. B.R. Ambedkar chaired the drafting committee, and after extensive
debates and discussions, the Constitution of India was adopted on January 26,
1950.
o India became a sovereign republic with its own constitution, replacing the
Government of India Act of 1935.

1.3.Interpreting the Preamble-Basic Principles, basic structure debate

Interpreting the Preamble - Basic Principles:

The Preamble of the Indian Constitution serves as a guiding statement that outlines the basic
principles and objectives for which the Constitution was framed. It begins with the words,
"We, the people of India," emphasizing the democratic nature of the Indian state. The key
principles enshrined in the Preamble are:

1. Sovereign:
o Asserts the idea that India is a sovereign nation, free from external control or
influence. It signifies that the ultimate authority rests with the people of India.
2. Socialist:
o Reflects the commitment to the socialist ideals of social and economic justice,
reducing economic inequalities, and promoting the welfare of all citizens.
3. Secular:
o Affirms the secular nature of the Indian state, ensuring equality and non-
discrimination on the basis of religion. It implies the separation of religion
from the affairs of the state.
4. Democratic:
o Highlights the commitment to a democratic form of government, where
political power is derived from the people through free and fair elections.
5. Republic:
o Establishes India as a republic, where the head of state is an elected individual,
and it signifies the absence of a hereditary monarchy.
6. Justice - Social, Economic, and Political:
o Emphasizes the principles of justice in all spheres – social, economic, and
political. It reflects the commitment to ensuring fairness and equality for all
citizens.
7. Liberty:
o Guarantees the freedom and liberties of individuals, encompassing freedom of
thought, expression, belief, faith, and worship.
8. Equality:
o Ensures equality of status and opportunity, advocating against discrimination
based on caste, creed, gender, or any other factor.

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 9. Fraternity:
o Promotes a sense of brotherhood and unity among the people of India,
transcending diversities and differences.

These principles guide the interpretation and implementation of the Constitution, shaping the
legal and political landscape of the country.

Basic Structure Debate:

The basic structure doctrine is a judicial principle evolved by the Indian Supreme Court to
safeguard the core principles of the Constitution from being amended in a manner that
fundamentally alters its identity. The landmark case establishing this doctrine is Kesavananda
Bharati v. State of Kerala (1973).

Key aspects of the basic structure doctrine include:

1. Doctrine Origins:
o The Kesavananda Bharati case was a result of challenges to constitutional
amendments, particularly the 24th and 25th Amendments, which sought to
curtail the power of judicial review.
2. Unamendable Core:
o The doctrine asserts that while Parliament has the power to amend the
Constitution, it cannot alter its basic structure. The court has not explicitly
defined the basic structure but has identified certain features like federalism,
democracy, secularism, and the rule of law.
3. Judicial Review:
o The judiciary, according to the basic structure doctrine, has the authority to
review constitutional amendments and strike them down if they violate the
basic structure.
4. Evolution and Consensus:
o The concept of the basic structure has evolved over time through various
judicial pronouncements. There is a broad consensus that certain features are
fundamental to the Constitution's identity and cannot be amended.
5. Limitation on Parliament's Power:
o The doctrine places a limitation on the amending power of Parliament,
ensuring that it does not alter the essential features that form the core of the
Constitution.
6. Flexible Yet Protective:
o While the basic structure doctrine provides flexibility for constitutional
amendments, it acts as a safeguard against any attempt to undermine the
foundational principles of the Constitution.

1.4.Assessing the salient features of Indian Constitution-Written, Largest, Rigid &

Flexible-Amendment, Bicameral Legislature, Federal & Unitary, Integrated
Judiciary, Citizenship, Emergency Provisions

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1. Written Constitution:

Salient Feature: The Indian Constitution is a written document, embodying the fundamental
principles and laws of the country. It is comprehensive, detailed, and lengthy, covering
various aspects of governance.

• Significance: A written constitution provides a clear framework for governance,

ensuring that the principles, rights, and duties of citizens are explicitly stated and
accessible.

2. Largest Constitution:

• Salient Feature: The Indian Constitution is one of the largest constitutions in the
world, containing a preamble and 470 articles
• Significance: The extensive nature of the Constitution reflects the complexities of
India's diverse society and the need for detailed provisions to address a wide range of
issues.

3. Rigid and Flexible Amendment:

• Salient Feature: The Indian Constitution is both rigid and flexible. Certain provisions
can be amended only by a special majority in Parliament, while others can be
amended by a simple majority.
• Significance: The rigidity ensures the protection of essential features (basic structure)
from arbitrary changes, while flexibility allows for adaptation to evolving
circumstances.

4. Bicameral Legislature:

• Salient Feature: India has a bicameral legislature, consisting of the Lok Sabha
(House of the People) and the Rajya Sabha (Council of States).
• Significance: Bicameralism provides a system of checks and balances, allowing for a
thorough examination of legislation and representation of states in the Rajya Sabha.

5. Federal & Unitary Features:

• Salient Feature: The Indian Constitution establishes a federal structure with a

division of powers between the central government and states. However, it also
includes unitary features during emergencies.
• Significance: This structure balances the need for a strong central government with
the autonomy of states, fostering cooperative federalism.

6. Integrated Judiciary:

• Salient Feature: The Indian judiciary is integrated, with the Supreme Court at the
apex, followed by High Courts at the state level and subordinate courts. The judiciary
has the power of judicial review.
• Significance: Integration ensures uniformity in interpreting and upholding the
Constitution, and the power of judicial review allows the judiciary to safeguard
fundamental rights.

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7. Citizenship:

• Salient Feature: The Constitution defines the criteria for Indian citizenship,
incorporating the principles of jus soli (birth on Indian territory) and jus sanguinis
(descent).
• Significance: The citizenship provisions establish the legal status of individuals in the
country, defining their rights and obligations.

8. Emergency Provisions:

• Salient Feature: The Constitution provides for three types of emergencies – national,
state, and financial. During emergencies, certain fundamental rights can be suspended,
and the normal federal structure may be altered.
• Significance: Emergency provisions grant the government extraordinary powers in
times of crisis, striking a balance between the need for swift action and the protection
of democratic principles.

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 MODULE -2

CO 2: Summarize the rights and duties of a responsible citizen.

2.1. Part III of Constitution –Classification of Fundamental Rights- Article 12 to 35

Part III of the Indian Constitution deals with Fundamental Rights, which are essential rights
and liberties guaranteed to the citizens of India. Articles 12 to 35 specifically outline these
Fundamental Rights. Here's a classification of the Fundamental Rights covered in Articles 12
to 35:

Article 12: Definition of the State:

• Defines the term "State" for the purpose of Part III. It includes the Government and
Parliament of India, the Government and Legislature of each State, and all local or
other authorities within the territory of India or under the control of the Indian
Government.

Article 13: Laws inconsistent with or in derogation of the Fundamental Rights:

• Declares that laws inconsistent with or in derogation of Fundamental Rights shall be

void. It empowers the State to make laws to implement Fundamental Rights, but such
laws should not violate these rights.

Article 14: Right to Equality:

• Guarantees equality before the law and equal protection of the laws to all persons. It
prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place
of birth:

• Prohibits discrimination by the State on the grounds of religion, race, caste, sex, or
place of birth.

Article 16: Equality of opportunity in matters of public employment:

• Ensures equality of opportunity in public employment. Prohibits discrimination in

appointments to any office under the State on grounds only of religion, race, caste,
sex, descent, place of birth, or residence.

Article 17: Abolition of Untouchability:

• Abolishes untouchability and forbids its practice in any form.

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Article 18: Abolition of titles:

• Abolishes titles and prohibits their conferment by the State. However, military and
academic distinctions are exempted.

Article 19: Protection of certain rights regarding freedom of speech, etc.:

• Guarantees six freedoms: freedom of speech and expression, assembly, association,

movement, residence, and the right to practice any profession or occupation.

Article 20: Protection in respect of conviction for offenses:

• Provides protection against ex post facto laws, double jeopardy, and self-
incrimination.

Article 21: Protection of life and personal liberty:

• Ensures the right to life and personal liberty. No person shall be deprived of his life or
personal liberty except according to the procedure established by law.

Article 21A: Right to education:

• Adds the Right to Education as a Fundamental Right, stating that the State shall
provide free and compulsory education to all children of the age of six to fourteen
years.

Article 22: Protection against arrest and detention in certain cases:

• Safeguards individuals against arrest and detention in certain cases. It outlines the
rights of arrested persons, including the right to be informed of the grounds of arrest
and the right to consult and be defended by a legal practitioner.

Article 23: Prohibition of traffic in human beings and forced labor:

• Prohibits trafficking in human beings, forced labor, and other similar forms of
exploitation.

Article 24: Prohibition of employment of children in factories, etc.:

• Prohibits the employment of children below the age of 14 in hazardous occupations.

Article 25: Freedom of conscience and free profession, practice, and propagation of
religion:

• Guarantees the freedom of conscience and the right to freely profess, practice, and
propagate religion.

Article 26: Freedom to manage religious affairs:

• Provides the right to religious denominations to manage their religious affairs.

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Article 27: Freedom from payment of taxes for promotion of any particular religion:

• Prohibits the State from compelling any person to pay taxes for the promotion or
maintenance of any particular religion.

Article 28: Freedom from attending religious instruction or worship in certain

educational institutions:

• Provides freedom from attending religious instruction or worship in certain

educational institutions, maintaining the secular character of education.

Article 29: Protection of interests of minorities:

• Safeguards the interests of minorities by allowing them to establish and administer

educational institutions and preserves their distinct language, script, or culture.

Article 30: Right of minorities to establish and administer educational institutions:

• Grants minorities the right to establish and administer educational institutions of their
choice.

Article 32: Remedies for enforcement of rights conferred by this Part:

• Provides the right to move the Supreme Court for the enforcement of Fundamental
Rights through writs.

Article 33: Power of Parliament to modify the rights conferred by this Part in their
application to the Armed Forces:

• Empowers Parliament to modify the application of Fundamental Rights to members

of the Armed Forces and forces charged with the maintenance of public order.

Article 34: Restriction on rights conferred by this Part while martial law is in force in
any area:

• Allows the suspension of some Fundamental Rights during the proclamation of a state
of martial law.

Article 35: Legislation to give effect to the provisions of this Part:

• Empowers Parliament to enact laws to give effect to the provisions of Part III,
providing a mechanism for the implementation and enforcement of Fundamental
Rights.

2.2. Summarizing the Part IV of Constitution- Directive Principles of State Policy

Part IV of the Indian Constitution contains the Directive Principles of State Policy (DPSP).
Unlike Fundamental Rights (Part III), the Directive Principles are not legally enforceable by
courts, but they provide guidance to the state in the formulation and implementation of laws

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and policies. The DPSP aim to establish a just and welfare-oriented society. Here's a
summary of Part IV:

Article 36 to 51: Directive Principles of State Policy

1. Social and Economic Justice (Article 38):

o The State shall strive to promote the welfare of the people by securing a social
order that ensures justice, social, economic, and political.
2. Equal Justice and Free Legal Aid (Article 39A):
o The State shall provide equal justice and free legal aid to ensure that
opportunities for securing justice are not denied to any citizen by reason of
economic or other disabilities.
3. Right to Work, Education, and Public Assistance (Article 41):
o The State shall, within the limits of its economic capacity and development,
make effective provisions for securing the right to work, to education, and to
public assistance in cases of unemployment, old age, sickness, and
disablement.
4. Living Wage and Conditions of Work (Article 43):
o The State shall endeavor to secure, by suitable legislation or economic
organization, a living wage and conditions of work ensuring a decent standard
of life and full enjoyment of leisure.
5. Participation of Workers in Management of Industries (Article 43A):
o The State shall take steps to secure the participation of workers in the
management of undertakings, establishments, or other organizations engaged
in any industry.
6. Promotion of Educational and Economic Interests of Scheduled Castes,
Scheduled Tribes, and Other Weaker Sections (Article 46):
o The State shall promote with special care the educational and economic
interests of the Scheduled Castes, Scheduled Tribes, and other weaker sections
and protect them from social injustice and exploitation.
7. Promotion of International Peace and Security (Article 51):
o The State shall endeavor to promote international peace and security, maintain
just and honorable relations between nations, foster respect for international
law, and encourage settlement of international disputes by arbitration.
8. Uniform Civil Code (Article 44):
o The State shall endeavor to secure for citizens a uniform civil code throughout
the territory of India, aiming at social justice and gender equality.
9. Protection of Environment and Wildlife (Article 48A):
o The State shall endeavor to protect and improve the environment and
safeguard forests and wildlife.
10. Separation of Judiciary from Executive (Article 50):

• The State shall take steps to separate the judiciary from the executive in the public
services of the State.

11. Provisions for Early Childhood Care and Education to Children Below Six Years
(Article 45):

• The State shall endeavor to provide early childhood care and education for all
children until they complete the age of six years.

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2.3. Distinctiveness of the Part IV A Fundamental Duties- Article 51A

Part IV-A of the Indian Constitution contains the Fundamental Duties, which were added by
the 42nd Amendment Act in 1976. These duties are outlined in Article 51A and are distinct
from the Fundamental Rights (Part III) and the Directive Principles of State Policy (Part IV).
Here's an overview of the distinctiveness of Part IV-A:

Article 51A: Fundamental Duties

1. Citizen-Centric Approach:
o Fundamental Duties are specific responsibilities and obligations that citizens
of India are expected to fulfill. Unlike Fundamental Rights, which focus on
individual entitlements, Fundamental Duties emphasize the civic
responsibilities of individuals towards the nation.
2. Non-Justiciable in Nature:
o Unlike Fundamental Rights, Fundamental Duties are non-justiciable, meaning
they are not legally enforceable by the courts. However, they serve as a moral
and ethical guide for citizens.
3. Addition by Constitutional Amendment:
o Part IV-A was added to the Constitution through a constitutional amendment
(42nd Amendment Act, 1976) to promote a sense of civic consciousness and
responsibility among citizens.
4. Inspirations from International Sources:
o The concept of Fundamental Duties draws inspiration from the Constitution of
the former USSR and the Universal Declaration of Human Rights. It reflects a
commitment to the idea that rights and duties are complementary.
5. Amendment to Include Duties:
o Article 51A originally had ten Fundamental Duties. The 86th Amendment Act
in 2002 added one more duty, and now there are eleven Fundamental Duties
outlined in this article.
6. Promotion of Harmony and Spirit of Common Brotherhood:
o Fundamental Duties include duties to promote harmony and the spirit of
common brotherhood among the people of India, transcending religious,
linguistic, and regional diversities.
7. Duties towards the Constitution and Respect for National Symbols:
o Citizens are expected to abide by the Constitution, respect its ideals, and
institutions. They are also required to cherish and follow the noble ideals that
inspired the national struggle for freedom.
8. Duties towards Environment and Scientific Temper:
o Fundamental Duties include obligations towards protecting the environment
and developing a scientific temper. Citizens are encouraged to have a sense of
duty towards the improvement of public health.
9. Parental Responsibility:
o Parents and guardians are expected to provide opportunities for education to
their children and inculcate a sense of duty in them.
10. Duties during Emergency:
o In times of national emergency, citizens are expected to render national
service.

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 11. Awareness and Duty to Defend the Country:
o Citizens are encouraged to develop a sense of awareness about the rights and
duties, and they have a duty to defend the country and render national service
when required.

2.4. Comparing the Directive Principles and Fundamental Rights

Directive Principles of State Policy (DPSP) and Fundamental Rights (FR) in the Indian
Constitution have different purposes, scopes, and enforceability. Here's a comparison
between the two:

1. Purpose and Scope:

• Directive Principles (DPSP):

o Purpose: The DPSP aim to guide the state in the formulation of policies and
laws to establish a just and welfare-oriented society.
o Scope: DPSP covers a wide range of socio-economic principles, including
social justice, economic equality, protection of minorities, and environmental
protection.
• Fundamental Rights (FR):
o Purpose: FR are individual rights and liberties aimed at protecting citizens
from potential abuses by the state and ensuring their dignity and freedom.
o Scope: FR covers civil liberties (such as freedom of speech, religion, and
equality before law) and socio-economic rights (such as right to education and
work).

2. Enforceability:

• Directive Principles (DPSP):

o Enforceability: DPSP are not legally enforceable in a court of law. However,
they are considered fundamental in the governance philosophy of the country
and are meant to guide the state's policy-making.
• Fundamental Rights (FR):
o Enforceability: FR are justiciable, meaning individuals can approach the
courts to seek remedies if these rights are violated. Courts can strike down
laws that infringe upon Fundamental Rights.

3. Individual vs. State Focus:

• Directive Principles (DPSP):

o Focus: DPSP primarily focus on the responsibilities of the state in promoting
social and economic justice. They guide the government in its policy
formulation.
• Fundamental Rights (FR):
o Focus: FR primarily focus on protecting individual citizens from potential
infringements by the state. They set limits on the government's power.

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4. Nature of Rights and Duties:

• Directive Principles (DPSP):

o Rights and Duties: DPSP are principles for governance. They do not confer
specific rights on individuals but articulate the goals and responsibilities of the
state.
• Fundamental Rights (FR):
o Rights and Duties: FR confer specific rights on individuals and impose duties
on the state to respect and protect those rights.

5. Balancing Social Welfare and Individual Liberties:

• Directive Principles (DPSP):

o Balancing: DPSP emphasize the need for social and economic justice, even if
it requires certain restrictions on individual liberties.
• Fundamental Rights (FR):
o Balancing: FR aim to protect individual liberties, and any restrictions on these
rights must be reasonable and in the interest of the larger public good.

6. Amendment Procedure:

• Directive Principles (DPSP):

o Amendment: While DPSP are not directly justiciable, Parliament can amend
the Constitution to introduce or modify DPSP.
• Fundamental Rights (FR):
o Amendment: Amendments affecting Fundamental Rights require a special
majority in Parliament and ratification by a majority of states, with certain
restrictions to protect the basic structure of the Constitution.

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 MODULE -3

CO 3: Outline the various organs of government and its powers and functions.

The government of India operates through three main organs, each with its own distinct
powers and functions. These organs are the Executive, the Legislature, and the Judiciary.
Here is an outline of each organ and its powers and functions:

1. Executive:

• Head of State:
o President of India: The ceremonial head of state. The President's powers are
largely symbolic, and they act on the advice of the Prime Minister and the
Council of Ministers.
• Head of Government:
o Prime Minister: The head of the government and leader of the executive
branch. The Prime Minister is the head of the Council of Ministers.
• Council of Ministers:
o Comprises ministers appointed by the President on the advice of the Prime
Minister. They are responsible for policy decisions and administration of
specific government departments.
• Cabinet Committees:
o Various committees within the Cabinet are formed to address specific issues
and make decisions on behalf of the government.
• Bureaucracy:
o The civil services, led by the Indian Administrative Service (IAS), assist in the
implementation of policies and administration of government functions.

2. Legislature:

• Parliament:
o Bicameral legislature consisting of the Lok Sabha (House of the People) and
the Rajya Sabha (Council of States).
o Lok Sabha members are directly elected, while Rajya Sabha members are
elected by the elected members of the State Legislative Assemblies.
o Parliament is responsible for making laws, approving budgets, and overseeing
the executive.
• President's Role in Legislature:
o The President summons and prorogues Parliament, and their approval is
required for certain legislative processes, such as the passage of money bills.
• Committees:
o Various parliamentary committees, such as standing committees and select
committees, play a crucial role in scrutinizing legislation and overseeing the
executive's functioning.

3. Judiciary:

• Supreme Court:
o The apex court in India, with the power of judicial review over the actions of
the executive and legislative branches.

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 o Interprets the Constitution and resolves disputes between the Union and
States.
• High Courts:
o Each state has a High Court, which has jurisdiction over the state and can hear
appeals from subordinate courts.
• Subordinate Courts:
o Includes district courts, subordinate magistracy, and other specialized courts.
They handle civil and criminal cases.
• Judicial Independence:
o Judges are appointed by the President based on the advice of the Chief Justice
and a collegium of senior judges.
o The judiciary operates independently from the executive and legislature.

4. Local Government:

• Panchayati Raj Institutions (PRIs):

o Rural local governments at the village, intermediate, and district levels.
o Responsible for local governance, development, and implementation of
government schemes at the grassroots level.
• Urban Local Bodies (ULBs):
o Municipalities and Municipal Corporations.
o Responsible for local governance, infrastructure development, and service
delivery in urban areas.

5. Constitutional Authorities:

• Election Commission:
o Conducts free and fair elections at various levels.
• Comptroller and Auditor General (CAG):
o Audits government expenditure and ensures financial accountability.
• Attorney General and Solicitor General:
o Legal advisors to the government.
• National Human Rights Commission (NHRC):
o Protects and promotes human rights.

3.1.Illustrating role of various organs of government:

Legislature:Union Parliament- Lok Sabha, Rajya Sabha-Composition, Powers and
Functions, Speaker

Legislature: Union Parliament

1. Lok Sabha:

Composition:

• The Lok Sabha, or the House of the People, is the lower house of the Parliament of
India.
• It is composed of Members of Parliament (MPs) who are directly elected by the
people through general elections and by-elections.

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Powers and Functions:

• Law-Making: Lok Sabha plays a crucial role in the legislative process. It debates,
discusses, and votes on proposed laws (bills). Only bills passed by the Lok Sabha can
become laws.
• Budget Approval: Lok Sabha has the exclusive power to approve the budget. It
examines the budgetary proposals, discusses them in detail, and votes on the budget
presented by the government.
• Control over Executive: Lok Sabha exercises control over the executive by holding
it accountable through question hours, debates, and motions of no confidence.
• Representation: It represents the people of India, and members are elected from
various constituencies across the country.
• Financial Matters: Initiatives related to taxation, public expenditure, and financial
policy must be approved by the Lok Sabha.

Speaker:

• The Speaker of the Lok Sabha is elected by its members and is responsible for
presiding over its sessions.
• The Speaker ensures orderly conduct of business, interprets rules, decides on points of
order, and maintains decorum in the house.
• The Speaker is expected to be impartial and is elected from outside the ruling party to
maintain neutrality.

2. Rajya Sabha:

Composition:

• The Rajya Sabha, or the Council of States, is the upper house of the Parliament of
India.
• It consists of members elected by the elected members of the State Legislative
Assemblies, members elected by the members of the Electoral College for Union
Territories, and members nominated by the President.

Powers and Functions:

• Review and Revision: Rajya Sabha acts as a revising chamber. It reviews and
suggests amendments to bills initiated by the Lok Sabha.
• Representation of States: Members of Rajya Sabha represent the states and Union
Territories, ensuring a federal character in the legislative process.
• Special Powers: In certain matters, Rajya Sabha has special powers. For example, it
can initiate and pass a resolution for the creation of new All India Services.
• Representation of Intellectuals and Experts: Nominated members often include
individuals who have excelled in various fields like literature, science, art, and social
service.

Chairperson:

• The Vice President of India is the ex-officio Chairman of the Rajya Sabha.
• In the absence of the Vice President, the Deputy Chairman presides over the sessions.

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Key Differences Between Lok Sabha and Rajya Sabha:

• Lok Sabha represents the people directly, while Rajya Sabha represents the states and
Union Territories indirectly.
• Lok Sabha is more powerful in financial matters, while Rajya Sabha can only delay
such bills.
• Members of Lok Sabha are elected by the people, whereas members of Rajya Sabha
are elected by the elected members of the State Legislative Assemblies.

3.2. Explaining the powers and functions of

b) Executive: Union and State- Union- President, Vice-President, Prime Minister and
Council of Ministers
State- Governor, Chief Minister, and Council of Ministers

Union Executive:

1. President:

Powers and Functions:

• Head of State: The President is the ceremonial head of the state and represents the
unity of the nation.
• Executive Powers: The President is the chief executive, and all executive actions are
taken in their name. However, these powers are exercised on the advice of the Council
of Ministers led by the Prime Minister.
• Commander-in-Chief: The President is the Supreme Commander of the Armed
Forces.
• Appointment Powers: Appoints the Prime Minister, judges of the Supreme Court
and High Courts, the Attorney General, and other key officials.
• Dissolution of Lok Sabha: Can dissolve the Lok Sabha, leading to general elections.

2. Vice-President:

Powers and Functions:

• Presiding Officer of Rajya Sabha: The Vice-President is the ex-officio Chairman of

the Rajya Sabha and presides over its sessions.
• Acting President: In the absence of the President, the Vice-President acts as the
President.

3. Prime Minister:

Powers and Functions:

• Head of Government: The Prime Minister is the head of the government and
exercises executive powers.

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 • Council of Ministers: The Prime Minister is the leader of the Council of Ministers,
and ministers are appointed by the President on the advice of the Prime Minister.
• Policy Formulation: The Prime Minister plays a key role in formulating policies,
making decisions on governance, and coordinating the work of various ministries.

4. Council of Ministers:

Powers and Functions:

• Policy Implementation: The Council of Ministers is responsible for implementing

government policies and decisions.
• Advisory Role: Ministers provide advice to the President and are collectively
responsible to the Lok Sabha.
• Portfolio Allocation: The Prime Minister allocates portfolios to ministers based on
their expertise and responsibilities.

State Executive:

1. Governor:

Powers and Functions:

• Head of State: The Governor is the ceremonial head of the state.

• Executive Powers: Similar to the President at the Union level, the Governor is the
chief executive of the state. However, these powers are exercised on the advice of the
Council of Ministers led by the Chief Minister.
• Appointment Powers: Appoints the Chief Minister, judges of the state High Court,
and other key officials.

2. Chief Minister:

Powers and Functions:

• Head of Government: The Chief Minister is the head of the state government.
• Council of Ministers: The Chief Minister is the leader of the Council of Ministers in
the state, and ministers are appointed by the Governor on the advice of the Chief
Minister.
• Policy Formulation: The Chief Minister plays a key role in formulating state
policies, making decisions on governance, and coordinating the work of various state
ministries.

3. Council of Ministers:

Powers and Functions:

• Policy Implementation: The Council of Ministers in the state is responsible for

implementing government policies and decisions.

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 • Advisory Role: Ministers provide advice to the Governor and are collectively
responsible to the Legislative Assembly.
• Portfolio Allocation: The Chief Minister allocates portfolios to ministers based on
their expertise and responsibilities.

3.2.Illustrating the power and functions of Judiciary- Supreme Court, High Court-
Judicial Review, Independence of Judiciary

Judiciary: Supreme Court and High Court

1. Supreme Court:

Powers and Functions:

• Guardian of the Constitution: The Supreme Court is the guardian of the

Constitution and the highest court in India.
• Original and Appellate Jurisdiction: The Supreme Court has original jurisdiction in
certain matters and appellate jurisdiction over decisions of lower courts and tribunals.
• Interpreting the Constitution: It interprets the Constitution and ensures its uniform
application throughout the country.
• Judicial Review: The Supreme Court has the power of judicial review, allowing it to
review the constitutionality of laws and government actions. It can declare laws or
executive actions unconstitutional if they violate the Constitution.
• Protection of Fundamental Rights: The Supreme Court safeguards fundamental
rights by entertaining writ petitions (like writ of habeas corpus, mandamus, certiorari,
prohibition, and quo warranto) against violations of these rights.
• Advisory Jurisdiction: The President can seek the Supreme Court's opinion on
questions of law or fact, which is advisory in nature.

2. High Court:

Powers and Functions:

• Appellate Jurisdiction: Each state in India has a High Court, which serves as the
highest court of appeal within the state.
• Original Jurisdiction: High Courts have original jurisdiction in certain matters,
including civil and criminal cases.
• Writ Jurisdiction: Like the Supreme Court, High Courts can issue writs to protect
fundamental rights. Citizens can approach High Courts for the enforcement of their
fundamental rights.
• Superintendence over Subordinate Courts: High Courts have the power of
superintendence over all courts and tribunals within their jurisdiction. They can
intervene if these lower courts exceed their jurisdiction or fail to follow proper legal
procedures.

Judicial Review:

• Definition: Judicial review is the power of the judiciary to review and potentially
invalidate laws or governmental actions that are inconsistent with the Constitution.

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 • Scope: It covers the review of legislative acts, executive actions, and administrative
decisions to ensure they comply with constitutional provisions.
• Protecting Constitution: Judicial review serves as a check on the other branches of
government, ensuring that their actions conform to the Constitution and do not
infringe on fundamental rights.
• Supreme Court's Authority: The Supreme Court, being the apex court, holds the
highest authority in judicial review. It can strike down laws and actions that are found
to be unconstitutional.

Independence of Judiciary:

• Security of Tenure: Judges, especially those of the Supreme Court and High Courts,
enjoy security of tenure. They cannot be easily removed, protecting them from
external pressures.
• Financial Independence: The salaries and allowances of judges are charged on the
Consolidated Fund of India, ensuring financial independence and shielding them from
potential executive influence.
• Appointment Process: The appointment process of judges involves consultation with
the Chief Justice of India and senior judges, providing some level of insulation from
political interference.
• Immunity from Legal Proceedings: Judges are immune from legal proceedings for
their official acts, ensuring that they can perform their duties without fear of personal
repercussions.
• Conduct of Judges: Judges can only be removed through a prescribed process of
impeachment for "proved misbehavior or incapacity," ensuring a high standard of
conduct.

CO 4: Assimilate the ways and means in which constitutional and statutory bodies influence
the everyday life of a citizen.

Constitutional and statutory bodies in a country play a vital role in shaping and influencing
the everyday life of citizens. These bodies are established to ensure the proper functioning of
the government, protect the rights of individuals, and address specific issues. Here are ways
in which these bodies impact the lives of citizens:

1. Protection of Fundamental Rights:

• Role of Judiciary (Constitutional Body):

o The judiciary, especially the Supreme Court and High Courts, safeguards
fundamental rights through the power of judicial review.
o Citizens can approach these courts if their rights are violated, seeking
remedies through writ petitions.

2. Election Commission (Statutory Body):

• Conduct of Free and Fair Elections:

o The Election Commission ensures the conduct of free and fair elections,
allowing citizens to exercise their right to vote.

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 o It influences the democratic process, shaping the leadership and policies that
impact citizens' lives.

3. National Human Rights Commission (Statutory Body):

• Protection of Human Rights:

o The National Human Rights Commission (NHRC) addresses complaints of
human rights violations.
o It plays a role in ensuring the protection and promotion of human rights in
various aspects of citizens' lives.

4. Reserve Bank of India (Statutory Body):

• Monetary Policy and Financial Stability:

o The Reserve Bank of India (RBI) influences citizens' lives through monetary
policy decisions that impact inflation, interest rates, and overall economic
stability.
o It regulates the financial sector, affecting access to credit and financial
services for individuals.

5. National Commission for Women (Statutory Body):

• Promotion of Gender Equality:

o The National Commission for Women works towards the protection and
promotion of women's rights.
o It addresses issues such as domestic violence, workplace harassment, and
discrimination, impacting the lives of women citizens.

6. National Commission for Scheduled Castes and Scheduled Tribes (Statutory Body):

• Protection of Rights of Marginalized Communities:

o These commissions work to protect the rights of Scheduled Castes and
Scheduled Tribes.
o They address issues related to discrimination, atrocities, and socio-economic
development, influencing the lives of citizens from marginalized communities.

7. State Human Rights Commissions (Statutory Bodies):

• Localized Human Rights Protection:

o State Human Rights Commissions address human rights violations at the state
level, providing a more localized approach to citizens' concerns.

8. Central and State Information Commissions (Statutory Bodies):

• Right to Information (RTI):

o These commissions oversee the implementation of the Right to Information
Act.
o Citizens can seek information from government bodies, promoting
transparency and accountability in governance.

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9. National Green Tribunal (Statutory Body):

• Environmental Protection:
o The National Green Tribunal addresses environmental issues and disputes,
ensuring citizens' right to a clean and healthy environment.

10. Consumer Protection Bodies (Statutory Bodies):

• Consumer Rights:
o Consumer protection bodies at the central and state levels work to safeguard
consumer rights.
o They address issues related to product quality, unfair trade practices, and
consumer grievances, impacting the everyday lives of consumers.

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 MODULE -4

4.1. An Outline of Local Self-Government Institutions in India 73rd and 74th

Amendments- Panchayath Raj and Nagarapalika Institutions

Outline of Local Self-Government Institutions in India: 73rd and 74th Amendments

Introduction:

• Local Self-Government (LSG) institutions play a crucial role in decentralized

governance.
• The 73rd and 74th Amendments to the Indian Constitution, passed in 1992, provide
constitutional status to Panchayati Raj Institutions (PRIs) and Urban Local Bodies
(ULBs), respectively.

73rd Amendment - Panchayati Raj Institutions (PRIs):

1. Panchayat Structure:

• Gram Panchayat:
o Basic unit at the village level.
o Directly elected by the people residing in the village.
• Intermediate Panchayat (Panchayat Samiti):
o At the block or taluka level.
o Comprises elected members from Gram Panchayats.
• District Panchayat:
o At the district level.
o Comprises members elected from Gram Panchayats and Panchayat Samitis.

2. Elections and Reservation:

• Direct Elections:
o Members of Gram Panchayats, Panchayat Samitis, and Zila Parishads are
directly elected by the people.
• Reservation of Seats:
o Reserved seats for Scheduled Castes (SCs), Scheduled Tribes (STs), and
women to ensure inclusive representation.

3. Powers and Functions:

• Decentralized Planning:
o PRIs have the power to plan and implement schemes for economic
development and social justice.
• Resource Mobilization:
o Authority to levy and collect taxes and fees.
• Social Justice:
o Implementation of land reforms and promotion of social justice initiatives.

4. Committees:

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 • Standing Committees:
o Formed for various functions such as finance, development, and social justice.
• Gram Sabha:
o General body of voters in a village that discusses and approves plans and
policies.

74th Amendment - Urban Local Bodies (ULBs):

1. Urban Local Bodies:

• Municipalities:
o Nagar Panchayats for smaller urban areas.
o Municipal Councils for medium-sized cities.
o Municipal Corporations for larger cities.

2. Elections and Reservation:

• Direct Elections:
o Mayors and municipal officials are elected directly by the people.
• Reservation of Seats:
o Reserved seats for SCs, STs, women, and backward classes.

3. Powers and Functions:

• Urban Planning:
o ULBs have the power to plan and regulate land use, construction, and
infrastructure development.
• Municipal Finance:
o Authority to levy and collect taxes and fees.
• Public Services:
o Provision of essential services like water supply, sanitation, and solid waste
management.

4. Committees:

• Ward Committees:
o Formed for each municipal ward to address local issues.
• Metropolitan Planning Committees:
o Established in metropolitan areas for coordinated planning.

Challenges and Way Forward:

• Financial Autonomy:
o Ensuring adequate financial resources for local bodies.
• Capacity Building:
o Training and capacity-building programs for elected representatives and
officials.
• Community Participation:
o Enhancing community participation in local governance.

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4.2. Constitutional and Statutory Bodies: Election Commission, National Human Rights
Commission, Lok Ayukta

1. Election Commission:

Constitutional Provision:

• The Election Commission of India is a constitutional body established under Article

324 of the Indian Constitution.

Powers and Functions:

• Conduct of Elections:
o The primary responsibility is to conduct free and fair elections at the national
and state levels.
• Delimitation of Constituencies:
o Determines the boundaries of constituencies for elections to the Lok Sabha
and state legislative assemblies.
• Registration of Political Parties:
o Registers political parties and allocates symbols.
• Model Code of Conduct:
o Enforces the Model Code of Conduct during elections to ensure fair play and
prevent electoral malpractices.
• Electoral Reforms:
o Recommends electoral reforms to the government for improving the electoral
process.

Independence:

• The Election Commission operates independently from the executive and legislative
branches to ensure fair and impartial conduct of elections.

2. National Human Rights Commission (NHRC):

Statutory Provision:

• The National Human Rights Commission is a statutory body established under the
Protection of Human Rights Act, 1993.

Powers and Functions:

• Human Rights Protection:

o Investigates complaints of human rights violations and takes suo motu
cognizance of such violations.
• Advisory Role:

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 o Provides recommendations to the government for the protection and
promotion of human rights.

• Public Awareness:
o Promotes human rights awareness and educates the public on issues related to
human rights.
• Research and Advocacy:
o Conducts research and advocates for policies and practices in line with human
rights principles.

Independence:

• While the NHRC is a statutory body, it is designed to function autonomously to

protect human rights without undue influence from the government.

3. Lokayukta:

Statutory Provision:

• Lokayukta is a statutory body established under state-level laws, and its presence
varies across different states.

Powers and Functions:

• Investigation of Corruption:
o Inquires into allegations of corruption and maladministration against public
officials.
• Recommendations and Reports:
o Submits reports and recommendations to the concerned authorities based on
its findings.
• Jurisdiction:
o Has the authority to investigate complaints against elected representatives,
bureaucrats, and public servants.
• Promotion of Ethical Governance:
o Promotes ethical governance and accountability in public administration.

Independence:

• While the Lokayukta is a statutory body, its independence is crucial for its
effectiveness in investigating and addressing corruption and maladministration.

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4.3. Right to Information Act 2005, Right to Education Act 2009

1. Right to Information Act, 2005:

Introduction:

• The Right to Information (RTI) Act was enacted by the Indian Parliament in 2005 to
promote transparency and accountability in the functioning of government
institutions.

Key Provisions:

1. Access to Information:
o The Act provides Indian citizens the right to access information held by public
authorities.
2. Public Authorities:
o Public authorities are required to proactively disclose information about their
functioning, duties, and responsibilities.
3. Request for Information:
o Citizens can file an application to seek information from public authorities.
The authorities are obliged to provide the requested information within a
stipulated time.
4. Exemptions:
o Certain categories of information, such as matters affecting national security
and personal privacy, are exempt from disclosure.
5. Appellate Authorities:
o If the information request is denied or not adequately responded to, citizens
can appeal to higher authorities and eventually approach the Information
Commission.
6. Information Commissions:
o Information Commissions at the central and state levels oversee the
implementation of the RTI Act and adjudicate disputes.
7. Penalties for Non-Compliance:
o The Act includes provisions for penalties against officials who obstruct the
flow of information or violate the provisions of the Act.

Significance:

• The RTI Act empowers citizens to participate in the democratic process by holding
government institutions accountable. It has been instrumental in promoting
transparency, curbing corruption, and enhancing the efficiency of public
administration.

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2. Right to Education Act, 2009:

Introduction:

• The Right of Children to Free and Compulsory Education Act, commonly known as
the Right to Education (RTE) Act, was enacted in 2009 to provide free and
compulsory education to children between the ages of 6 and 14.

Key Provisions:

1. Compulsory Education:
o Every child in the age group of 6 to 14 years has the right to free and
compulsory education in a neighborhood school.
2. Prohibition of Screening:
o Schools are prohibited from conducting any screening procedures for
admission, and they must admit children without any discrimination.
3. Norms and Standards:
o The Act specifies norms and standards for school infrastructure, teacher-
student ratios, and other essential facilities to ensure quality education.
4. Financial Responsibilities:
o The government is responsible for providing adequate funds to ensure the
implementation of the Act's provisions.
5. No Detention Policy:
o The Act promotes a no-detention policy up to the elementary stage (class
VIII), emphasizing a child-centric and stress-free learning environment.
6. Special Provisions for Disadvantaged Groups:
o The Act includes provisions for the protection and education of children
belonging to disadvantaged groups and economically weaker sections.

Significance:

• The RTE Act is a landmark legislation that addresses the historic issue of educational
inequality by ensuring that every child has the right to education. It emphasizes
inclusivity, equity, and the overall development of children, aiming to create a more
educated and empowered citizenry.

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