UNIT:-1 CONSTITUTION OF INDIA

The Constitution of India, as the fundamental law of the land, embodies the values,
principles, and governance framework of our country. It serves as the supreme law, guiding
the state’s functioning and ensuring citizen’s rights and responsibilities. With its roots
grounded in historical struggles, philosophical ideals, and societal aspirations, it reflects the
nation’s collective journey toward democracy, justice, and equality. This article aims to explain
the meaning, structure, salient features, significance, and other aspects of the Constitution of
India.

 Meaning of Constitution

A Constitution of a state is a fundamental set of principles or established

precedents according to which the state is governed. It outlines the organization, powers,
and limits of government institutions, as well as the rights and duties of citizens. It serves as
the supreme law of the land, providing a framework for the functioning of the
government, the protection of individual liberties, and the maintenance of social order. So
constitution meaning pertains an pivotal role in order tp understand the political, social,
economic sphere of a country.

The Indian Constitution is unique in both spirit and content. Notwithstanding the fact that
several features of the constitution have been borrowed from other constitutions from all
around the world, it is really a unique piece of work. The original constitution have been
considerably changed by the various amendments that have been brought forth such as the
7th, 42nd, 44th, 73rd and 74th Amendments.

 Important Amendments of the Constitution of India

The Indian Constitution is not a rigid constitution. It can be amended by the Parliament
following a few rules. There have been made many changes in the Constitution of India.
Some of the important amendments of the Indian Constitution are:

 42nd Amendment
 44th Amendment
The 42nd Amendment is also known as the “Mini Constitution” because it made several
sweeping changes to the constitution. This was during the Emergency in 1976. In 1973, the
Supreme Court had ruled in the Kesavananda Bharati case that the constituent power of the
Parliament under Article 368 does not empower it to alter the basic structure of the
constitution.
  Constitution of India – Preamble

The first constitution to start with a preamble was the American Constitution. The Indian
constitution also starts with one. The Preamble is basically the introduction or preface to
the constitution. It sums up the essence of the constitution. N A Palkhivala, a constitutional
expert, referred to the Preamble as the ‘Identity card of the Constitution’.

The Preamble is based on Pandit Nehru’s Objective Resolution that he moved and was
adopted by the Constituent Assembly. The Preamble has been amended in 1976 by the
42nd Amendment which added words ‘socialist’, ‘secular’ and ‘integrity’ to it.

 Ingredients of the Preamble

The Preamble gives 4 components:

1) Source of authority of the Constitution: it mentions that the constitution derives its
power from the people of India.
2) Nature of the Indian State: it says India is a sovereign, socialist, secular, democratic and
republican State.
3) Objectives of the Constitution: it gives the objectives as – justice, liberty, equality and
fraternity.
4) Constitution date of adoption: 26th November 1949

 Why Constitution of India is called Bag of Borrowing?

The constitution has many borrowed features. The country’s founding fathers were wise
enough to borrow good features from different nations and mould a constitution that best
suits India. The influences from other constitutions are listed below.

Borrowed Features
Constitution
British  Parliamentary system
 Constitutional Head of State
 Lower House of Parliament more powerful than the Upper House
 Responsibility of Council of Ministers towards Parliament
 Prevalence of the rule of law
US  Preamble
 Fundamental Rights
 Functions of Vice-president
 Amendment of Constitution
 Nature and functions of the Supreme Court
 Independence of the judiciary
Australian  List of concurrent powers
 Procedure for solving deadlock over concurrent subjects between the
Centre and the States
Irish  Directive Principles of State Policy
 Method of nomination of members to the Rajya Sabha
Weimer Constitution of Germany  Powers of the President
Canadian  Provisions of a strong nation
 Name of the Union of India
 Vesting residuary powers
South African  Procedure of amendment with a two-thirds majority in Parliament (To
read abut the types of amendments , follow the linked article.)
 Election of the members of the Rajya Sabha on the basis of proportional
representation by the State Legislatures

 Features of Indian Constitution

The chief features of the Indian Constitution are described below:

1) Federal System with Unitary Bias

The constitution establishes a federal government system in India. All the expected features
of a federal state such as two government levels, division of power, supremacy and rigidity
of the constitution, written constitution and bicameralism are present. But, the constitution
also contains many features of a unitary form of government such as single citizenship,
strong centre, single constitution, flexibility of constitution, all-India services, integrated
judiciary, appointment of state governor by the Centre, emergency provisions, and so on. In
addition, the term ‘federation’ is not mentioned in the constitution. Article 1 says India is a
‘Union of States’, implying –

 The Indian federation is not the result of an agreement by the states.

 States do not have the right to secede from the federation.
2) Parliamentary Form of Government

The parliamentary form, borrowed from the British system, is based on the principle of
cooperation and coordination between the legislative and executive. This form of
government is alternatively known as the Westminster model of government. It is also
called responsible government and cabinet government. According to the constitution, not
only the centre, the parliamentary form is followed even in the states.

In India, the features of the parliamentary form of government are as follows:

  Nominal and real executives
 Rule of the majority party
 Collective responsibility of the executive to the legislature
 Membership of the ministers in the legislature
 Leadership of the prime minister or the chief minister
 Dissolution of the lower House
There are some basic differences between the Indian and the British models, even though
both follow the parliamentary form of government. The Indian parliament is not a sovereign
body; the British Parliament is. Also, the Indian State has an elected head (since it is a
republic) while the British head is hereditary (since Britain is a constitutional monarchy).

 Parliament: Structural and Functional Dimensions

1) According to Article 79, there is a Parliament and 2 Houses or chambers – the House of
the People (Lok Sabha) and the Council of States (Rajya Sabha).
2) The President is the head of the executive and also a constituent part of the legislature.
He performs many functions with regard to the Parliament.
3) However, the president cannot sit in or take part in the discussions in the houses.
4) The president summons and prorogues the houses whenever required.
5) He is also a vital part of the process of legislation in India as he has to give his assent to
every bill passed before it can become a law.
6) He has the power to dissolve the Lok Sabha.
7) At the start of the first session after each general election to the Lok Sabha and at the
commencement of the first session each year, the President addresses both the
chambers which is known as the special address.
8) Article 123 also gives the president the power to promulgate ordinances. (Read
about President in the linked article.)

About Constitution of India

The Constitution of India is the supreme law of the Republic of India. It lays down the
framework for the country’s political system, defining the powers and responsibilities of
government institutions, safeguarding fundamental rights, and outlining the principles of
governance. It is a set of rules and regulations guiding the administration of a country.
 Structure of Indian Constitution

The Indian Constitution is one of the longest and most detailed written constitutions in the
world. Various components of the structure of the Indian Constitution can be seen as
follows:

1) Parts

 A “Part” of the Constitution refers to a division within the Constitution that groups
together Articles on similar subjects or themes.
 The Indian Constitution is structured into various Parts, each dealing with a specific
aspect of the country’s legal, administrative, or governmental framework.
 Originally, there were 22 parts in the Constitution of India. As of now, there are 25
parts of the Indian Constitution.

2) Articles

 An “Article” refers to a specific provision or clause within the Constitution that details
various aspects of the country’s legal and governmental framework.
 Each part of the constitution contains several articles numbered sequentially.
 Originally, there were 395 articles in the Constitution of India. As of now, the Indian
Constitution contains 448 articles.

3) Schedules

 A “Schedule” refers to a list or a table attached to the Constitution that details certain
additional information or guidelines relevant to the constitutional provisions.
 They provide clarity and supplementary details, making the Constitution more
comprehensive and functional.
 Originally, there were 8 schedules in the Constitution of India. As of now, there are 12
schedules in the Indian Constitution.
  Enactment and Adoption of the Indian Constitution

 The Constitution of India was framed by a Constituent Assembly which was

established in 1946. The President of the Constituent Assembly was Dr. Rajendra
Prasad.
 On 29th August 1947, a resolution was moved in the Constituent Assembly for the
appointment of a Drafting Committee to draft a permanent constitution of India.
Accordingly, the Drafting Committee was appointed under the chairmanship of Dr. B.R.
Ambedkar.
 The Drafting Committee took a total of 166 days, which was spread over 2 years, 11
months, and 18 days to prepare a draft constitution. The final draft of the Constitution
was introduced in the Constituent Assembly on 4th November 1948.
 After many deliberations and some modifications, the Draft Constitution was declared
as passed by the Constituent Assembly on 26th November 1949. This is known as the
“Date of Adoption” of the Constitution of India.
 A few provisions of the Constitution came into force on 26th November 1949. However,
the major part of the Constitution came into force on 26th January 1950, making India a
sovereign republic. This date is known as the “Date of Enactment” of the Constitution
of India.

 Salient Features of Indian Constitution

 Lengthiest Written Constitution:

o The Constitution of India is the lengthiest of all the written Constitutions of the
world. It is a very comprehensive, elaborate, and detailed document.
o Originally (1949), the Constitution contained a Preamble, 395 Articles (divided
into 22 Parts) and 8 Schedules.
 Presently (2019), it consists of a Preamble, about 470 Articles (divided into
25 Parts) and 12 Schedules.
o Reasons for Vastness:
 Geographical factors, that is, the vastness of the country and its diversity.
 Historical factors, e.g., the influence of the Government of India Act,
1935, which was bulky.
 Single Constitution for both the Centre and the states.
 The dominance of legal luminaries in the Constituent Assembly.
 Detailed administrative provisions.
 Drawn From Various Sources:

Source Features Borrowed

Government of India Federal Scheme, Office of Governor, Judiciary, Public Service

Act, 1935 Commissions, Emergency Provisions, Administrative Details
 Parliamentary Government, Rule of Law, Legislative Procedure, Single
British Constitution Citizenship, Cabinet System, Prerogative Writs, Parliamentary
Privileges, Bicameralism

Fundamental Rights, Independence of Judiciary, Judicial

US Constitution Review, Impeachment of President, Removal of Supreme Court and High
Court Judges, Post of Vice-President

Directive Principles of State Policy, Nomination of Members to Rajya Sabha,

Irish Constitution
Method of Election of President

Federation with a Strong Centre, Vesting of Residuary Powers in the Centre,

Canadian
Appointment of State Governors by the Centre, Advisory Jurisdiction of Supreme
Constitution
Court

Australian Concurrent List, Freedom of Trade, Commerce, and Inter-course, Joint Sitting of
Constitution Two Houses of Parliament

Weimar Constitution
Suspension of Fundamental Rights During Emergency
of Germany

Soviet Constitution
Fundamental Duties, Ideal of Justice (Social, Economic, and Political) in Preamble
(USSR, now Russia)

French Constitution Republic and Ideals of Liberty, Equality, and Fraternity in Preamble

South African
Procedure for Amendment of Constitution, Election of Members of Rajya Sabha
Constitution

Japanese Constitution Procedure Established by Law

 A Blend of Rigidity and Flexibility:

o The Constitution of India is neither rigid nor flexible, but a synthesis of both.
o Article 368 provides for two types of amendments:
 Some provisions can be amended by a special majority of the Parliament,
i.e., a two-thirds majority of the members of each House present and voting,
and a majority of the total membership of each House.
 Some other provisions can be amended by a special majority of the
Parliament and with the ratification by half of the total states.
 o Some provisions of the Constitution can be amended by a simple majority of the
Parliament in the manner of ordinary legislative process.
 These amendments do not come under Article 368.
 Federal System with Unitary Bias:
o The Constitution of India establishes a federal system of Government.
o It contains all the usual features of a federation, viz., two Governments, division
of powers, written Constitution, the supremacy of Constitution, rigidity of
Constitution, independent judiciary and bicameralism.
o However, the Indian Constitution also contains a large number of unitary or
non-federal features, viz., a strong centre, single constitution, single citizenship,
flexibility of constitution, integrated judiciary, appointment of state governor by
the centre, all-India services, emergency provisions and so on.
o The term ‘Federation’ has nowhere been used in the constitution.
o Article 1, on the other hand, describes India as a ‘Union of States’ which implies
two things:
 Indian Federation is not the result of an agreement by the states.
 No state has the right to secede from the federation.
o The Indian Constitution has been variously described as ‘federal in form but,
unitary in spirit’, ‘quasi-federal’ by K.C. Wheare, ‘bargaining federalism’ by
Morris Jones, ‘co-operative federalism’ by Granville Austin, ‘federation with a
centralising tendency’ by Ivor Jennings.
 Parliamentary Form of Government:
o The Constitution of India has opted for the British Parliamentary System of
Government rather than the American Presidential System of Government.
o The Constitution establishes the parliamentary system not only at the Centre, but
also in the states.
o The features of parliamentary government in India are:
 Presence of nominal and real executives
 Majority party rule
 Collective responsibility of the executive to the legislature
 Membership of the ministers in the legislature
 Leadership of the Prime Minister or the Chief Minister
 Dissolution of the lower House (Lok Sabha or Assembly)
o Even though the Indian parliamentary system is largely based on the British
pattern, the two have some fundamental differences.
 For example, the Indian Parliament is not a sovereign body like the
British Parliament.
  The Indian State has an elected head (republic) while the British State has a
hereditary head (monarchy).
 Synthesis of Parliamentary Sovereignty and Judicial Supremacy:
o The doctrine of sovereignty of Parliament is associated with the British
Parliament, while the principle of judicial supremacy is with that of the
American Supreme Court.
o The American Constitution provides for ‘due process of law’ against the
‘procedure established by law’ contained in the Indian Constitution (Article
21).
o Therefore, the framers of the Indian Constitution have preferred a proper
synthesis between the British principle of parliamentary sovereignty and the
American principle of judicial supremacy.
 The Supreme Court, on the one hand, can declare parliamentary laws as
unconstitutional through its power of judicial review.
 On the other hand, the Parliament can amend the major portion of the
constitution through its constituent power.
 Integrated and Independent Judiciary:
o The Indian Constitution establishes a judicial system that is integrated as well as
independent.
o The Supreme Court stands at the top of the integrated judicial system in the
country. Below it, there are high courts at the state level.
o Under a high court, there is a hierarchy of subordinate courts, that is, district
courts and other lower courts.
o This single system of courts enforces both the central laws as well as the state
laws.
o The Supreme Court is a federal court, the highest court of appeal, the
guarantor of the fundamental rights of the citizens, and the guardian of the
constitution.
o The Constitution has made various provisions to ensure its independence
including the security of tenure of the judges, fixed service conditions for the
judges, etc.
 Fundamental Rights:
o Part III of the Indian Constitution guarantees six fundamental rights to all the
citizens:

Right Articles

Right to Equality 14-18

Right to Freedom 19-22

 Right against Exploitation 23-24

Right to Freedom of Religion 25-28

Cultural and Educational Rights 29-30

Right to Constitutional Remedies 32

 Directive Principles of State Policy:

o According to Dr. B.R. Ambedkar, the Directive Principles of State Policy is
a ‘novel feature’ of the Indian Constitution.
o They are enumerated in Part IV of the Constitution.
o They can be classified into three broad categories:
 Socialistic
 Gandhian
 Liberal-intellectual.
o Unlike the Fundamental Rights, the directives are non-justiciable, that is, they
are not enforceable by the courts for their violation.
o The Constitution itself declares that ‘these principles are fundamental in the
governance of the country and it shall be the duty of the state to apply these
principles in making laws’.
 Fundamental Duties:
o The original constitution did not provide for the Fundamental Duties of the
citizens.
o These were added during the operation of internal emergency (1975–77) by
the 42nd Constitutional Amendment Act, 1976 on the recommendation of
the Swaran Singh Committee.
o The 86th Constitutional Amendment Act, 2002 added one more fundamental
duty.
o The Part IV-A of the Constitution (which consists of only one Article 51-A)
specifies the eleven Fundamental Duties.
o The fundamental duties serve as a reminder to citizens that while enjoying their
rights, they have also to be quite conscious of the duties they owe to their
country, their society, and to their fellow citizens.
o These are also non-justiciable in nature.
 A Secular State:
o The Constitution of India stands for a Secular State.
 o It does not uphold any particular religion as the official religion of the Indian
State.
o The Indian Constitution embodies the positive concept of secularism, i.e.,
giving equal respect to all religions or protecting all religions equally.
 Universal Adult Franchise:
o The Indian Constitution adopts universal adult franchise as a basis of elections
to the Lok Sabha and the state legislative assemblies.
o Every citizen who is not less than 18 years of age has a right to vote without any
discrimination of caste, race, religion, sex, literacy, wealth, and so on.
o The voting age was reduced to 18 years from 21 years in 1989 by
the 61st Constitutional Amendment Act, 1988.
 Single Citizenship:
o The Indian Constitution is federal and envisages a dual polity (centre and
state) but it provides for only a single citizenship, that is Indian citizenship.
o In India, all citizens irrespective of the state in which they are born or reside
enjoy the same political and civil rights of citizenship all over the country and no
discrimination is made between them.
 Independent Bodies:
o The Indian Constitution establishes independent bodies as key pillars
safeguarding the democratic system of government in India:
 Election Commission to ensure free and fair elections
 Comptroller and Auditor-General of India to audit the accounts of the
central and state governments.
 Union Public Service Commission to conduct examinations for
recruitment to all-India services and higher Central services and to advise
the President on disciplinary matters.
 State Public Service Commission in every state to conduct examinations
for recruitment to state services and to advice the governor on disciplinary
matters.
 Emergency Provisions:
o The Indian Constitution contains elaborate emergency provisions to enable
the President to meet any extraordinary situation effectively.
o The rationality behind the incorporation of these provisions is to safeguard the
sovereignty, unity, integrity and security of the country, the democratic political
system and the Constitution.
o The Constitution envisages three types of emergencies:
 National emergency on the grounds of war or external aggression or
armed rebellion (Article 352).
  State emergency (President’s Rule) on the ground of failure of
constitutional machinery in the states (Article 356) or failure to comply
with the directions of the centre (Article 365).
 Financial emergency on the ground of threat to the financial stability or
credit of India (Article 360).
 Three-tier Government:
o Originally, the Indian Constitution provided for a dual polity and contained
provisions with regard to the organisation and powers of the Centre and the
states.
o The 73rd and 74th Constitutional Amendment Acts, 1992 have added a third-
tier of Government (i.e., local) which is not found in any other Constitution of the
world.
 The 73rd Amendment Act, 1992 gave constitutional recognition to the
panchayats (rural local governments) by adding a new Part IX and a new
Schedule 11 to the Constitution.
 The 74th Amendment Act, 1992 gave constitutional recognition to the
municipalities (urban local governments) by adding a new Part IX-A and a
new Schedule 12 to the Constitution.
 Co-operative Societies:
o The 97th Constitutional Amendment Act, 2011 gave constitutional status and
protection to co-operative societies.

 What are the Criticisms of the Indian Constitution?

Criticism Debunking

The framers adapted and modified borrowed features to suit Indian

Borrowed Constitution
conditions, avoiding their faults.

Carbon Copy of the

While many provisions were borrowed, the Constitution is not a mere
Government of India Act,
copy. It incorporates significant changes and additions.
1935

The Constitution reflects Indian values and aspirations, despite

Un-Indian or Anti-Indian
borrowing from foreign sources.

While not explicitly Gandhian, the Constitution aligns with many of

Un-Gandhian
Gandhi's principles.
 The Constitution's detailed nature is essential for managing India's
Elephantine Size
diversity and complexity.

Paradise of the Lawyers The legal language is essential for clarity and enforceability.

 Significance of Indian Constitution

 Rule of Law – The Constitution establishes the framework for governance based on
the rule of law, ensuring that no individual, including government officials, is above
the law.
 Protection of Rights – It guarantees fundamental rights to citizens, safeguarding
their freedoms of speech, expression, religion, and more, while also providing
mechanisms for legal redress if these rights are infringed upon.
 Structure of Government – The Constitution delineates the structure of
government, defining the roles, powers, and limitations of the executive, legislative,
and judicial branches. This separation of powers prevents the concentration of
authority and promotes checks and balances.
 Democratic Principles – Through provisions like a universal adult franchise, the
constitution upholds democratic principles by ensuring citizens’ participation in
governance through free and fair elections.
 Stability and Continuity – The constitution provides stability and continuity in
governance, serving as a framework for guiding successive governments and
preventing abrupt changes in the political system.
 National Unity – It fosters national unity by recognizing and respecting the
diversity of the populace while also promoting a sense of common citizenship and
allegiance to the nation.
 Legal Framework – The constitution serves as the legal foundation upon which all
laws and regulations are based, providing consistency and coherence in the legal
system.
 Adaptability – While providing a stable framework, the constitution also allows for
necessary amendments to accommodate changing societal needs and values,
ensuring its relevance over time.

 Sources of the Constitution of India

 Government of India Act of 1935 – Federal Scheme, Office of Governor, Judiciary,

Public Service Commissions, Emergency Provisions, and Administrative Details.
 British Constitution – Parliamentary System of Government, Rule of Law,
Legislative Procedure, Single Citizenship, Cabinet System, Prerogative Writs,
Parliamentary Privileges, and Bicameralism.
 US Constitution – Fundamental Rights, Independence of the Judiciary, Judicial
Review, Impeachment of the President, Removal of Supreme Court and High Court
Judges, and the Post of the Vice-President.
 Irish Constitution – Directive Principles of State Policy, the Nomination of Members
to Rajya Sabha, and Method of Election of the President.
  Canadian Constitution – Federation with a strong Centre, vesting of residuary
powers in the Centre, appointment of state governors by the Centre, and advisory
jurisdiction of the Supreme Court.
 Australian Constitution – Concurrent List, Freedom of Trade, Commerce &
Intercourse, and a Joint Sitting of the two Houses of Parliament.
 Weimar Constitution of Germany – Suspension of Fundamental Rights during
Emergency.
 Soviet Constitution (USSR, now Russia) – Fundamental duties and the ideal of
Justice (Social, Economic, and Political) in the Preamble.
 French Constitution – Republic and the ideals of Liberty, Equality, and Fraternity in
the Preamble.
 South African Constitution – Procedure for amendment of the Constitution and
election of members of Rajya Sabha.
 Japanese Constitution – Procedure established by law.

 Various Schedules of the Indian Constitution

Schedules Subject Matter Description

Names of the States and their territorial
jurisdiction.
Schedule I –
Names of the Union Territories and their
extent.
This schedule outlines the salaries of various
Provisions relating to the emoluments,
Schedule II constitutional dignitaries, such as the President,
allowances, privileges, etc.
the Vice President, the Governor, etc.
This schedule provides the forms of oaths and
affirmations for various constitutional
Schedule III Forms of Oaths and Affirmations
dignitaries such as MPs, MLAs, judges of the
Supreme Court etc.
This schedule determines the allocation of seats
Schedule IV Allocation of Seats in the Rajya Sabha in the Rajya Sabha (Council of States) to states
and union territories.
Provisions as to the Administration and
Schedule V Control of Scheduled Areas and Scheduled –
Tribes
Provisions as to the Administration of Tribal
Schedule VI Areas in the States of Assam, Meghalaya, –
Tripura, and Mizoram
Presently, the Union List contains 100 subjects
Division of powers between the Union and
(originally 97), the State List contains 61
Schedule VII the States in terms of Union List, State List,
subjects (originally 66) and the Concurrent List
and Concurrent List.
contains 52 subjects (originally 47).
Originally, it had 14 languages but presently
Schedule VIII Languages recognized by the Constitution. there are 22 languages such as Assamese,
Bengali, Bodo, Gujarati, Hindi, etc.
It deals with the acts and regulations of the This schedule was added by the 1st
state legislatures dealing with land reforms Amendment Act of 1951, which protects the
Schedule IX
and the abolition of the zamindari system laws that cannot be challenged on the grounds
and the Parliament deals with other matters. of violating fundamental rights.
 Schedules Subject Matter Description
Provisions relating to disqualification of the This schedule was added by the 52nd
Schedule X members of Parliament and State Amendment Act of 1985, also known as the
Legislatures on the ground of defection. Anti-Defection Law.
Specifies the powers, authority, and This schedule was added by the 73rd
Schedule XI
responsibilities of Panchayats. Amendment Act of 1992
Specifies the powers, authority, and This schedule was added by the 74th
Schedule XII
responsibilities of Municipalities. Amendment Act of 1992
UNIT :- 2 PREAMBLE

 What is a Preamble?

 A preamble is an introductory statement in a document that explains the

document’s philosophy and objectives.
 In a Constitution, it presents the intention of its framers, the history behind its
creation, and the core values and principles of the nation.
 The preamble basically gives idea of the following things/objects:

o Source of the Constitution

o Nature of Indian State
o Statement of its objectives
o Date of its adoption
 The ‘Preamble’ of the Constitution of India is a brief introductory statement that sets
out the guiding purpose and principles of the document, and it indicates the source
from which the document which derives its authority, meaning, the people. It was
adopted on 26 November 1949 by the Constituent Assembly of India and came into
effect on 26th January 1950.

 History of the Preamble to Indian Constitution

 The ideals behind the Preamble to India’s Constitution were laid down
by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent
Assembly on January 22, 1947.
 Although not enforceable in court, the Preamble states the objectives of the
Constitution, and acts as an aid during the interpretation of Articles when language
is found ambiguous.

 Components of Preamble

 It is indicated by the Preamble that the source of authority of the Constitution lies
with the people of India.
 Preamble declares India to be a sovereign, socialist, secular and democratic
republic.
 The objectives stated by the Preamble are to secure justice, liberty, equality to
all citizens and promote fraternity to maintain unity and integrity of the
nation.
 The date is mentioned in the preamble when it was adopted i.e. November 26,
1949.
 Key words in the Preamble

 We, the people of India: It indicates the ultimate sovereignty of the people of
India. Sovereignty means the independent authority of the State, not being subject
to the control of any other State or external power.
 Sovereign: The term means that India has its own independent authority and it is
not a dominion of any other external power. In the country, the legislature has the
power to make laws which are subject to certain limitations.
 Socialist: The term means the achievement of socialist ends through
democratic means. It holds faith in a mixed economy where both private and
public sectors co-exist side by side.

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

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

o It was incorporated in the Preamble by 42nd Constitutional Amendment,

1976.
 Democratic: The term implies that the Constitution of India has an established
form of Constitution which gets its authority from the will of the people expressed
in an election.
 Republic: The term indicates that the head of the state is elected by the people. In
India, the President of India is the elected head of the state.

 Objectives of the Indian Constitution

 The Constitution is the supreme law and it helps to maintain integrity in the
society and to promote unity among the citizens to build a great nation.

o The main objective of the Indian Constitution is to promote harmony

throughout the nation.
 The factors which help in achieving this objective are:

o Justice: It is necessary to maintain order in society that is promised through

various provisions of Fundamental Rights and Directive Principles of
State Policy provided by the Constitution of India. It comprises three
elements, which is social, economic, and political.

 Social Justice – Social justice means that the Constitution wants to

create a society without discrimination on any grounds like caste, creed,
gender, religion, etc.
  Economic Justice – Economic Justice means no discrimination can be
caused by people on the basis of their wealth, income, and economic
status. Every person must be paid equally for an equal position and all
people must get opportunities to earn for their living.
 Political Justice – Political Justice means all the people have an equal,
free and fair right without any discrimination to participate in political
opportunities.
o Equality: The term ‘Equality’ means no section of society has any special
privileges and all the people have given equal opportunities for everything
without any discriminations. Everyone is equal before the law.
o Liberty: The term ‘Liberty’ means freedom for the people to choose their way
of life, have political views and behavior in society. Liberty does not mean
freedom to do anything, a person can do anything but in the limit set by the
law.
o Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an
emotional attachment with the country and all the people. Fraternity helps to
promote dignity and unity in the nation.
 Importance of Objectives: It provides a way of life. It includes fraternity,
liberty, and equality as the notion of a happy life and which can not be taken from
each other.

o Liberty cannot be divorced from equality, equality cannot be divorced from

liberty. Nor can liberty and equality be divorced from fraternity.
o Without equality, liberty would produce the supremacy of the few over the
many.
o Equality without liberty would kill individual initiative.
o Without fraternity, liberty would produce the supremacy of the few over the
many.
o Without fraternity, liberty and equality could not become a natural course of
things.
OR

In 1946, Objective Resolution was moved by Jawaharlal Nehru, describing the

constitutional structure. In 1947 (22nd January) it was adopted. It shaped
the Constitution of India and its modified version is reflected in the Preamble of the
Indian Constitution. The basic tenets that the objective resolution highlighted were:

 Constituent Assembly’s resolve to see India as independent, sovereign and republic

 To draw a Constitution for India
 To make all territories of pre-independent India into united states of post-
independent India
 To realize residual powers, autonomy on such states as the Constitution of India
reflects
 To realize a union with a power which will be different from those given to such
states
 The people of India to play the source of power and authority of the sovereignty, and
independence
 To provide justice, social, economic and political equality of status of opportunity
and, freedom of thought,
expression, belief, faith, worship, vocation, association and action, subject to law and
public
morality before the law
 To provide adequate safeguards to the minorities, tribal and backward areas and
other depressed and backward classes
 To maintain the integrity of the Indian Republic’s territory and its territorial rights
on land, sea, and air according to the justice and law of the civilized nation
 To promote peace and welfare among the worldly nations.

 Status of Preamble

 The preamble being part of the Constitution is discussed several times in the
Supreme Court. It can be understood by reading the following two cases.

o Berubari Case: It was used as a reference under Article 143(1) of the

Constitution which was on the implementation of the Indo-Pakistan
Agreement related to the Berubari Union and in exchanging the enclaves
which were decided for consideration by the bench consisting of eight judges.
o Through the Berubari case, the Court stated that ‘Preamble is the key to
open the mind of the makers’ but it can not be considered as part of the
Constitution. Therefore it is not enforceable in a court of law.
 Kesavananda Bharati Case: In this case, for the first time, a bench of 13 judges
was assembled to hear a writ petition. The Court held that:

o The Preamble of the Constitution will now be considered as part of the

Constitution.
o The Preamble is not the supreme power or source of any restriction or
prohibition but it plays an important role in the interpretation of statutes and
provisions of the Constitution.
o So, it can be concluded that preamble is part of the introductory part of the
Constitution.
  In the 1995 case of Union Government Vs LIC of India also, the Supreme Court
has once again held that Preamble is the integral part of the Constitution but is not
directly enforceable in a court of justice in India.

 Amendment of the Preamble

 42nd Amendment Act, 1976: After the judgment of the Kesavanand Bharati case,
it was accepted that the preamble is part of the Constitution.

o As a part of the Constitution, preamble can be amended under Article 368 of

the Constitution, but the basic structure of the preamble can not be
amended.
o As of now, the preamble is only amended once through the 42nd Amendment
Act, 1976.
 The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through
42nd Amendment Act, 1976.

o ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.

o ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.
Fact:
 Article 394 of the Constitution states that Articles 5, 6, 7, 8, 9, 60, 324, 367, 379
and 394 came into force since the adoption of the Constitution on 26th
November 1949 and the rest of the provisions on 26th January 1950.
 The concept of Liberty, Equality, and Fraternity in our Preamble was adopted
from the French Motto of the French Revolution.

 Four Main Ingredients of the Indian Preamble

The source of the Indian Constitution, the nature of the Indian State, the objectives of
the Constitution of India & the date of adoption of the Indian State, are four main
ingredients of the Indian Preamble which you can read about in the table below:

Preamble to the Indian Constitution

Source of the Indian The People of India are revealed to be the source of the authority of the Indian
Constitution Constitution. The words, ‘We, the People of India’ reflect the same.

Nature of the Indian The Preamble of India tags India as the sovereign, socialist, republic, secular and
State democratic nation

Objective of the Justice, Liberty, Equality and Fraternity are denoted as the objectives of the Preamble
Indian Constitution of India

Adoption Date of November 26, 1949 as the date when then the Indian Constitution
the Constitution of
India
UNIT:- 3 UNION TERRITORIES

 What are Union Territories?

Union Territories (UTs) are federal territories and are administered by the Union
Government of India. They are also known as centrally administered territories. In
the Union Territories, Lieutenant Governors (LGs) are appointed by the President of
India. The LGs serve as the UT administrators.

 Background:

 The UTs were introduced in the States Reorganisation Act, 1956. The concept of the
UT was added by the Constitution (Seventh Amendment) Act, 1956.
 Need for UTs

 The varying reasons for the formation of UTs included – such territories being too
small to be independent or too different (economically, culturally and
geographically) to be merged with the surrounding states or were financially weak
or politically unstable. Due to the aforementioned reasons, they couldn’t survive as
separate administrative units and needed to be administered by the Union
Government. Some were made UTs given their location or special status.

o The UTs of Daman and Diu was under the rule of the Portuguese, while
Puducherry was under the rule of the French.

 They have a different culture than their surrounding States and special
provisions may be required to preserve this identity as well as to provide
effective governance.

o Lakshadweep and Andaman and Nicobar islands are located far from mainland
India and occupy strategic locations.
 Union government control on them may be considered a necessity from
a national security point of view.
o Delhi is the administrative capital of India while Chandigarh is the
administrative capital of both Haryana and Punjab.
 The special place that Delhi occupies in India’s polity due to it being the
capital of the country necessitates union government control on it.
o In 1956, we had 14 states and six UTs. Over the years, the number of states
increased to 28 and UTs to eight.
o Himachal Pradesh, Manipur, Tripura, Sikkim, Goa, Arunachal Pradesh and
Mizoram are some UTs that became full states since the 1960s.
  Union Territories in India

India currently has 8 Union Territories (UTs) – Delhi, Andaman and Nicobar,
Chandigarh, Dadra and Nagar Haveli and Daman and Diu, Jammu and Kashmir, Ladakh,
Lakshadweep, and Puducherry.

 In 2019, Jammu and Kashmir Reorganisation Act, 2019 was passed by the Indian
Parliament and it reconstituted the state of Jammu and Kashmir into two Union
Territories — UT of Jammu and Kashmir and UT of Ladakh. Read more on
the former status of Jammu & Kashmir in the link.
 In 2020, Dadra and Nagar Haveli, and Daman and Diu were merged into a single
Union Territory known as Dadra and Nagar Haveli and Daman and Diu.
Union Territory Capital

Andaman and Nicobar Islands Port Blair

Chandigarh Chandigarh

Dadra and Nagar Haveli and Daman and Diu Daman

Delhi New Delhi

Jammu and Kashmir Srinagar (Summer), Jammu (Winter)

Ladakh Leh (summer), Kargil (winter)

Lakshadweep Kavaratti

Puducherry Puducherry
 Constitutional Provisions related to UTs

Articles 239 to 241 in Part VIII of the Constitution deal with the union territories and
there is no uniformity in their administrative system.

 The original Constitution under Article 239 provided for the administration of UTs
directly by the President through the administrators. Article 239A was brought in
1962, to enable Parliament to create legislatures for the UTs. In this direction, some
UTs were provided with a legislature and a Council of Ministers to fulfil the
democratic aspirations of the people of these territories. Article 239AA on the Indian
Constitution was added by Constitution (69th Amendment) act, 1991 according
special provisions for the National Capital Territory of Delhi.
 Under Article 240, President has the power to make regulations for the peace,
progress and good governance of Andaman and Nicobar Islands, Lakshwadeep,
Dadra and Nagar Haveli, Daman and Diu and Puducherry. In the case of Puducherry,
the President can make a regulation to legislate only when the assembly is
suspended or dissolved.

o A regulation made by the President has the same force and effect as an act of
Parliament.
 Article 241 states that the Parliament may by law constitute a High Court for a Union
Territory or declare any court in any territory to be a High Court for all or any of the
purposes of the Constitution. Only NCT of Delhi has a separate High Court.
 Constitutional status:

 The Centre has powers to administer the Union Territories through administrators.
 The union territories, except Puducherry and Delhi, do not have any legislatures of
their own. Thus, the power to make laws on any of the subjects under all lists
mentioned in the Seventh Schedule resides with the Parliament. This power also
covers Puducherry and Delhi.
 The Ministry of Home Affairs at the Centre is the nodal ministry for all matters
related to Union Territories relating to legislation, finance and budget, services and
appointment of Administrators.

 Difference between State and Union Territory

In this section, you can understand the differences between a state and a union territory
in India.

 While the Indian States enjoy a federal relationship with the Union Government with
the division of legislative and executive powers, in the case of a UT, it is more of a
unitary relationship with the Union Government as all the legislative and executive
powers reside with the Government of India.
 A State is a constituent division and has its own elected government that has the
powers to frame laws while a Union Territory is a small administrative unit and is
 ruled by the Union Government except for Delhi, Jammu and Kashmir and
Puducherry.
 A Governor is the constitutional head of the State while the President of India is the
executive head of the Union Territory. Also, the administrator’s position is quite
distinct from the position of a Governor of a State. He/She does not have the
discretion accorded to the Governor, whose is an independent position under the
Constitution. The administrator is an agent of the central government.
 The Chief Minister elected by the people administers the State while the Union
Territory is administered by an administrator or Lieutenant Governor appointed by
the President of India.
 States enjoy autonomous powers while the Union Territories do not have
autonomous powers.

 Difference between UTs:

 The UTs of Andaman and Nicobar, Chandigarh, Dadra and Nagar Haveli and Daman
and Diu, Ladakh and Lakshadweep do not have any legislature while the UTs of
Delhi, Jammu and Kashmir, and Puducherry do have an elected legislature and
government.
 The legislative assembly of the Union Territory of Puducherry may make laws with
respect to matters enumerated in List II or List III in the Seventh Schedule of the
Constitution in so far as these matters are applicable in relation to the Union
Territory. The legislative assembly of the National Capital Territory of Delhi has also
these powers with the exceptions that Entries 1, 2 and 18 of List II are not within the
legislative competence of the legislative assembly.
 Every union territory is administered by the President acting through an
administrator appointed by him. And it is up to the President to specify the
designation of an administrator. It may be Lieutenant Governor or Chief
Commissioner or Administrator.
 In India, five Union Territories namely, Delhi, Puducherry, Ladakh, J&K, and
Andaman and Nicobar Islands are governed by a Lieutenant-Governor while the rest
3 UTs are governed by an Administrator.

 Concerns associated with the functioning of UTs

1) Undermining of the democratic rights of the people living in UTs:

 Citizens living in the union territories have no recourse to hold the people governing
them accountable which undermines the democratic rights of these people which
are otherwise available to people living in the states.

o There are 3.68 crore Indians living in eight UTs of India who are denied the
democratic right of having their Assemblies with full powers as enjoyed by
those living in the 28 states.
 Even in the case of UTs which do have an elected government, they have very limited
powers as compared to the states.
 The UTs are often at the mercy of the appointees of the central government.
 Constitutional experts have pointed out the recent example of the protests in
Lakshadweep island against the administrator’s policy as a case of the UT
administration failing to represent the interests of the citizens of the UT.
2) The original criteria for the creation of UTs do not hold anymore:

 The population or size cannot be a criterion for deciding whether people deserve a
state or a UT. As some erstwhile UTs like Mizoram, Arunachal Pradesh and Sikkim
which have become states over time continue to have smaller populations as
compared to some current UTs like Puducherry and Dadra and Nagar Haveli.
 Also, the argument that these UTs have a distinct culture and hence need to be
protected does not hold in current times as there is no great cultural chasm
separating them from the neighbouring states for smaller UTs like Daman and Diu or
Puducherry. In fact, they continue to have cultural and linguistic ties with
neighbouring states.
3) Structural fragility of UTs:

 This structural fragility of the UTs in the constitutional scheme of things makes it
easier for the central government to interfere in the functioning of the UTs and
destabilize them.

4) Composition of the legislature:

 As per the constitutional provisions regarding the composition of the legislature in

UTs, it is a body that is elected, or partly elected and partly nominated.
 A legislature that is partly elected and partly nominated cannot uphold democratic
aspirations. A simple amendment in the Government of Union Territories Act, 1963
can create a legislature with more than 50% nominated members. A predominantly
nominated House cannot promote representative democracy.
5) Issue of nomination:

 The process of nomination is prone to politicization as observed in the case of

Puducherry.
 The Union government had nominated members to the Assembly without consulting
the government and this was challenged in the court.
 Unlike the provision for the nomination of members to the Rajya Sabha under
Article 80 which specifies the fields from which members will be nominated, in the
case of nomination to the Puducherry Assembly, no such qualification is laid down
either in Article 239A or the Government of Union Territories Act. This leaves the
field open for the Union government to nominate anyone irrespective of whether he
or she is suitable.
6) Administrator’s power:
  The UTs have not been granted necessary autonomy thus depriving them of a fully
democratic set-up. Enormous powers have been vested in the
Administrator/Lieutenant Governor in the UTs.
 Under Section 44 of the Government of Union Territories Act and Article 239 AA(4)
of the Constitution, the administrator has the right to disagree with the decisions of
the Council of Ministers and then refer them to the President for a final decision. The
administrator can then take all actions he or she deems fit in the matter in total
disregard of the elected government. This allows the Union government to control
the UT through the administrator and is a hindrance to the idea of a free and
autonomous government in the UTs.
 The President decides on the advice of the Union government. So, in effect, it is the
Union government which finally determines the disputed issue.
 Despite the SC noting in the NCT of Delhi v. Union of India (2019) case that the
administrator should not misuse his/her power to frustrate the functioning of the
elected government in the territory and use it after all methods have failed to
reconcile the differences between him/her and the Council of Ministers, there has
been no improvement in this regard.

o In Puducherry, the conflicts between the Lt. Governor and the Chief Minister
were perennial.
o Similarly, in the National Capital Territory of Delhi, the tussle between the
Lt. Governor and the CoM continues.

 Introduction
Articles 1 to 4 contained in Part I of the Constitution of India, 1950 (COI) deals with the
Union and its territory and provides a mechanism for making changes in the constitution of
states or union territories of the Union of India.

 Territory of India
 Article 1 of the COI defines India, that is, Bharat as a ‘Union of States’.
 The country is described as the Union although the Constitution is federal in structure.
 The phrase Union of States has been preferred to Federation of States because the Indian
Federation is not the result of an agreement among the States like the American
Federation and the States have no right to secede from the federation.
 The federation is a Union because it is indestructible.
 Although for the convenience of administration, the country and people can be divided into
different States, the country is an integral whole.
 As per Article 1, the territory of India can be classified into the following three categories:
 Territories of the States
 Union territories
 Territories that may be acquired by the government of India at any time
 The Territory of India is a wider expression than the Union of India because the Union
of India includes only States which enjoy the status of being members of the federal system
and share the distribution of powers with the Union.
  Whereas the Territory of India includes not only the States but also the Union Territories
and other territories that may be acquired by India.

 Evolution of States and Union Territories

 At the time of the commencement of the constitution, the Union of India consisted of States
which were categorized into four main categories namely Part A, B, C and D.
 By the States Reorganization Act, 1956 and the 7th Constitutional Amendment Act,
1956, the distinction between Part A and Part B states was put to an end and Part C states
were abolished.
 And thus, all the categories were reduced into two only by creating 14 states and 6 union
territories on November 1, 1956.
 Even after 1956, the political map of India had gone through continuous changes because of
pressure of popular agitations and political conditions.
 At present, there are 28 states and 8 union territories.
 The first schedule of the COI contains the names of States and Union territories and their
territorial extent.

Basis of Division of Four Main Categories of States 7th Constitutional Amendment


 Part A: It contained states who ever ruled by governors during British India or were known as governor’s
provinces.
 Part B: It contained states who were princely states and groups of princely states.
 Part C: It contained states who were former chief commissioners’ provinces and some princely state during
British India.
 Part D: It contained the state led by lieutenant governor.

 Status of Jammu and Kashmir

 On 5th of August 2019, the President of India promulgated the Constitution (Application
to Jammu and Kashmir) Order, 2019.
 The order effectively revoked the special status accorded to Jammu and Kashmir under
the provision of Article 370.
 It superseded the Constitution (Application to Jammu and Kashmir) Order, 1954 under
which Article 35A was added to the COI.
 Article 35A stems from Article 370 and empowers the Jammu & Kashmir legislature to
define the permanent residents of the state, and their special rights and privileges.
 The Jammu and Kashmir Reorganization Act 2019 which became effective on 31st
October 2019 provided for the bifurcation of the State into two separate union
territories of Jammu and Kashmir (with legislature), and Ladakh (without legislature).

 Admission or Establishment of New States

 Article 2 provides that the Parliament may, by law, admit into the Union or establish new
states on such terms and conditions as it thinks fit.
 Thus, it gives complete discretion to Parliament.
 Article 2 grants two powers to the Parliament which are:
 The power to admit into the Union of India new States – the states which are duly
established and are already in existence.
 The power to establish new States – formation of a state which was not in existence.
 Article 2 deals with the admission or establishment of new states that are not part of the
Union of India.
  Formation of New States and Alteration of Area, Boundaries or Names of Existing
States
 As per Article 3, a new state may be formed or established by the Parliament in the
following ways:
 By separation of territory from any state or by uniting two or more parts or parts of
states or by uniting any territory to a part of any State.
 By increasing the area of any State.
 By diminishing the area of any State.
 By altering the boundaries of any State
 By altering the name of any State.
Here the word State includes a Union Territory also.
 For the formation of a new state or alteration of the boundaries or names of the existing
states, under this article, the following two conditions have been laid down:
1) No bill contemplating the above changes shall be introduced in either House of the
Parliament except on the recommendation of the President.
2) If the bill affects the area, boundaries or names of the states, the President is required to
refer the bill to the concerned State Legislature for expressing its view within a specified
period.
In the aforesaid conditions, the word State does not include Union Territory.
 The President may extend the period so specified. It the State Legislature does not
express its views within the period specified or extended, the bill may be introduced in
the Parliament.
 If the State Legislature expresses its views within the period specified or extended, the
Parliament is not bound by the views and may either accept or reject them.
 Further it is not mandatory to make fresh reference to the State Legislature every time
an amendment to the bill is proposed or accepted.
 In the case of Union Territories, the Parliament can itself take any action as it deems fit.
 Thus, it is clearly evident that the COI authorizes the parliament to form new states or alter
the areas, boundaries or names of existing states without their consent.

 Amendment of The First and The Fourth Schedule

 Article 4 declares that the laws made for admission or establishment of new states (under
Article 2) and formation of new states and alteration of areas, boundaries or names of
existing states (under Article 3) are not to be considered as amendments of the
Constitution under Article 368.
 Such laws can be passed by a simple majority and by the ordinary legislative process.
 Article 4 also allows for consequential changes to the First Schedule and the Fourth
Schedule (number of seats allocated by each State to the Rajya Sabha).

 Case Laws:
 In Berubari Union Case (1960), the Supreme Court held that the power of Parliament to
diminish the area of a State under Article 3 does not provide for the cession of Indian
territory to a foreign country. Indian territory can be ceded to a foreign state only by
amending the Constitution under Article 368.
 In the case of In Re: Article 370 of the Constitution (2023), the Supreme Court upheld the
abrogation of Article 370 and Article 35A and held that the Parliament has the power to
carve out a Union Territory from a State.
UNIT:-4 CITIZENSHIP OF INDIA
In the run-up to the publication of the final National Register of Citizens (NRC) in Assam, the Supreme
Court, in August, 2019 rejected a plea to include those born in India between after March 24,
1971 and before July 1, 1987 in NRC unless they had ancestral links to India.

In any other Indian state, they would have been citizens by birth, but the law is different
for Assam.
In this context, citizenship has become the most talked about topic in the country.

National Register of Citizens (NRC)

The National Register of Citizens, 1951 is a register prepared after the conduct of the
Census of 1951 in respect of each village, showing the houses or holdings in a serial order
and indicating against each house or holding the number and names of persons staying
therein.
The NRC was published only once in 1951.
The NRC of 1951 and the Electoral Roll of 1971 (up to midnight of 24 March 1971) are
together called Legacy Data.
Persons and their descendants whose names appeared in these documents are
certified as Indian citizens.

How is Citizenship Defined?

Citizenship signifies the relationship between individual and state.

Like any other modern state, India has two kinds of people—citizens and aliens. Citizens
are full members of the Indian State and owe allegiance to it. They enjoy all civil and
political rights.
Citizenship is an idea of exclusion as it excludes non-citizens.
 There are two well-known principles for the grant of citizenship:
While ‘jus soli’ confers citizenship on the basis of place of birth, ‘jus sanguinis’
gives recognition to blood ties.
From the time of the Motilal Nehru Committee (1928), the Indian leadership was in
favour of the enlightened concept of jus soli.
The racial idea of jus sanguinis was also rejected by the Constituent Assembly as it was
against the Indian ethos.

Constitutional Provisions

Citizenship is listed in the Union List under the Constitution and thus is under the
exclusive jurisdiction of Parliament.
The Constitution does not define the term ‘citizen’ but details of various categories of persons
who are entitled to citizenship are given in Part 2 (Articles 5 to 11).
Unlike other provisions of the Constitution, which came into being on January 26,
1950, these articles were enforced on November 26, 1949 itself, when the Constitution
was adopted.
Article 5: It provided for citizenship on commencement of the Constitution.
All those domiciled and born in India were given citizenship.
Even those who were domiciled but not born in India, but either of whose parents
was born in India, were considered citizens.
Anyone who had been an ordinary resident for more than five years, too, was entitled
to apply for citizenship.
Article 6: It provided rights of citizenship of certain persons who have migrated to India
from Pakistan.
Since Independence was preceded by Partition and migration, Article 6 laid
down that anyone who migrated to India before July 19, 1949, would
automatically become an Indian citizen if either of his parents or grandparents
was born in India.
But those who entered India after this date needed to register themselves.
Article 7: Provided Rights of citizenship of certain migrants to Pakistan.
Those who had migrated to Pakistan after March 1, 1947 but subsequently
returned on resettlement permits were included within the citizenship net.
The law was more sympathetic to those who migrated from Pakistan and called
them refugees than to those who, in a state of confusion, were stranded in
Pakistan or went there but decided to return soon.
Article 8: Provided Rights of citizenship of certain persons of Indian origin residing
outside India.
Any Person of Indian Origin residing outside India who, or either of whose
parents or grandparents, was born in India could register himself or herself as
an Indian citizen with Indian Diplomatic Mission.
 Article 9: Provided that if any person voluntarily acquired the citizenship of a foreign State will
no longer be a citizen of India.
Article10: It says that every person who is or is deemed to be a citizen of India under any
of the foregoing provisions of this Part shall, subject to the provisions of any law that may
be made by Parliament, continue to be such citizen.
Article 11: It empowers Parliament to make any provision with respect to the acquisition
and termination of citizenship and all matters relating to it.

Acts and Amendments

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

Acquisition and Determination of Indian Citizenship

There are four ways in which Indian citizenship can be acquired: birth, descent, registration
and naturalisation. The provisions are listed under the Citizenship Act, 1955.
By Birth:
Every person born in India on or after 26.01.1950 but before 01.07.1987 is an
Indian citizen irrespective of the nationality of his/her parents.
Every person born in India between 01.07.1987 and 02.12.2004 is a citizen of
India given either of his/her parents is a citizen of the country at the time of
his/her birth.
Every person born in India on or after 3.12.2004 is a citizen of the country given
both his/her parents are Indians or at least one parent is a citizen and the other
is not an illegal migrant at the time of birth.
By Registration: Citizenship can also be acquired by registration. Some of the
mandatory rules are:
A person of Indian origin who has been a resident of India for 7 years before applying for
registration.
A person of Indian origin who is a resident of any country outside undivided
India.
A person who is married to an Indian citizen and is ordinarily resident for 7
years before applying for registration.
Minor children of persons who are citizens of India.
By Descent:
A person born outside India on or after January 26, 1950 is a citizen of India by
descent if his/her father was a citizen of India by birth.
A person born outside India on or after December 10, 1992, but before
December 3, 2004 if either of his/her parent was a citizen of India by birth.
If a person born outside India or or after December 3, 2004 has to acquire
citizenship, his/her parents have to declare that the minor does not hold a
passport of another country and his/her birth is registered at an Indian
consulate within one year of birth.
By Naturalisation:
A person can acquire citizenship by naturalisation if he/she is ordinarily resident
of India for 12 years (throughout 12 months preceding the date of application and
11 years in the aggregate) and fulfils all qualifications in the third schedule of the
Citizenship Act.
The Act does not provide for dual citizenship or dual nationality. It only allows citizenship for a
person listed under the provisions above ie: by birth, descent, registration or
naturalisation.

The act has been amended four times — in 1986, 2003, 2005, and 2015.
Through these amendments Parliament has narrowed down the wider and universal
principles of citizenship based on the fact of birth.
Moreover, the Foreigners Act places a heavy burden on the individual to prove that
he/she is not a foreigner.
1986 amendment: Unlike the constitutional provision and the original Citizenship Act
that gave citizenship on the principle of jus soli to everyone born in India, the 1986
amendment to Section 3 was less inclusive.
The amendment has added the condition that those who were born in India on
or after January 26, 1950 but before July 1, 1987, shall be Indian citizen.
Those born after July 1, 1987 and before December 4, 2003, in addition to one’s
own birth in India, can get citizenship only if either of his parents was an Indian
citizen at the time of birth.
2003 amendment: The amendment made the above condition more stringent,
keeping in view infiltration from Bangladesh.
Now the law requires that for those born on or after December 4, 2004, in
addition to the fact of their own birth, both parents should be Indian citizens or
one parent must be Indian citizen and other should not be an illegal migrant.
With these restrictive amendments, India has almost moved towards the narrow
principle of jus sanguinis or blood relationship.
This lays down that an illegal migrant cannot claim citizenship by naturalisation or registration
even if he has been a resident of India for seven years.
 Citizenship (Amendment) Bill 2019: The amendment proposes to permit members of six
communities — Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Pakistan, Bangladesh
and Afghanistan — to continue to live in India if they entered India before December
14, 2014.
It also reduces the requirement for citizenship from 11 years to just 6 years.
Two notifications also exempted these migrants from the Passport Act and
Foreigners Act.
A large number of organisations in Assam protested against this Bill as it may
grant citizenship to Bangladeshi Hindu illegal migrants.
The justification given for the bill is that Hindus and Buddhists are minorities
in Bangladesh, and fled to India to avoid religious persecution, but Muslims
are a majority in Bangladesh and so the same cannot be said about them.

Different Scenario in Assam

Assam witnessed large-scale illegal migration from erstwhile East Pakistan and, after 1971,
from present-day Bangladesh.
This led to the six-year-long Assam movement from 1979 to 1985, for deporting illegal
migrants.
The All Assam Students' Union (AASU) led the movement that demanded the updating
of the NRC and the deportation of all illegal migrants who had entered Assam after
1951.
The Assam Movement against illegal immigration eventually led to the historic Assam
Accord of 1985, signed by the Movement leaders and the Rajiv Gandhi government.
It set March 25, 1971, as the cut-off date for the deportation of illegal migrants.
Since the cut-off date prescribed under articles 5 and 6 of the Constitution was July 19,
1949 - to give force to the new date, an amendment was made to the Citizenship Act,
1955, and a new section (6A) was introduced.

Section 6A

The section was made applicable only to Assam.

It laid down that all persons of Indian origin who entered Assam before January 1,
1966 and have been ordinary residents will be deemed Indian citizens.
Those who came after 1 January, 1966 but before March 25, 1971, and have been
ordinary residents, will get citizenship at the expiry of 10 years from their detection as a
foreigner.
During this interim period, they will not have the right to vote but can get an Indian passport.
 In Assam Sanmilita Mahasangha (2014) where the constitutionality of the 1986
amendment was challenged (the Mahasangha argues that the cutoff year for Assam
should be 1951 instead of 1971), the court referred the matter to the Constitution
Bench.
To examine whether Section 6A is constitutional and valid though it prescribes a
different cutoff date for Assam (1971) from the one prescribed in the
Constitution for the rest of the country (1949).
A five-judge Bench of the Supreme Court is yet to examine the constitutionality of
Section 6A under which the current NRC has been prepared.

Identification of foreigners as needed by Section 6A was to be done under the Illegal

Migrants (Determination by Tribunal) Act, (IMDT Act), 1983, which was applicable only in
Assam while the Foreigners Act, 1946 was applicable in the rest of the country.
The provisions of the IMDT Act made it difficult to deport illegal immigrants.
On the petition of Sarbananda Sonowal (now the Chief Minister of Assam), the
Act was held unconstitutional and struck down by the Supreme Court in 2005.
This was eventually replaced with the Foreigners (Tribunals for Assam) Order,
2006, which again was struck down in 2007.
In the IMDT case, the court considered classification based on geographical
considerations to be a violation of the right to equality under Article 14.

Conclusion

Giving concession of six years for residence based only on religion is against the tenets
of secularism. This should be dropped to stand the test of ‘basic structure doctrine’.
India, as a country which follows the ideology of ‘Vasudhaiva Kutumbakam’, should
not be hasty in taking decisions that can disenfranchise her citizens – contradicting
its centuries-followed values.
The need of the hour is that the Union Government should clearly chart out the
course of action regarding the fate of excluded people from final NRC of Assam and
political parties should refrain from colouring the entire NRC process through
electoral prospects that may snowball into communal violence.
An overly legal approach will only produce more tension, insecurity and anxiety.
UNIT:- 5 FUNDAMENTAL RIGHTS
 Introduction

1) About:

 The Fundamental Rights are enshrined in Part III of the Constitution (Articles
12-35).
 Part III of the Constitution is described as the Magna Carta of India.

o ‘Magna Carta’, the Charter of Rights issued by King John of England in

1215 was the first written document relating to the Fundamental Rights
of citizens.
 The Fundamental Rights: The Constitution of India provides for six
Fundamental Rights:

o Right to equality (Articles 14–18)

o Right to freedom (Articles 19–22)
o Right against exploitation (Articles 23–24)
o Right to freedom of religion (Articles 25–28)
o Cultural and educational rights (Articles 29–30)
o Right to constitutional remedies (Article 32)
 Originally the constitution also included Right to property (Article
31). However, it was deleted from the list of Fundamental Rights by
the 44th Amendment Act, 1978.

o It is made a legal right under Article 300-A in Part XII of the

Constitution.
2) Provision for Laws Violating Fundamental Rights: Article 13 of the Indian
constitution declares that all laws that are inconsistent with or in derogation of
any of the fundamental rights shall be void.

 This power has been conferred on the Supreme Court (Article 32) and the
high courts (Article 226).
 Further, the article declares that a constitutional amendment cannot be
challenged (as it is not a law).

o However, the Supreme Court in the Kesavananda Bharati case

(1973) held that a Constitutional amendment can be challenged if it
violates basic structure including Fundamental right.
 3) Writ Jurisdiction: A writ is a legal order given by a court of law.

 The Supreme Court (Article 32) and the High courts (Article 226) can issue
the writs of habeas corpus, mandamus, prohibition, certiorari and quo-
warranto.

 Features of the Fundamental Rights:

1) Protected by Constitution: Fundamental Rights, unlike ordinary legal rights, are

protected and guaranteed by the constitution of the country.

 Some of the rights are available only to the citizens while others are available
to all persons whether citizens, foreigners or legal persons like corporations
or companies.
2) Not Sacrosanct, Permanent, or Absolute: They are not sacrosanct or permanent
and the Parliament can curtail or repeal them but only by a constitutional
amendment act.

 The rights are not absolute but qualified.

o The state can impose reasonable restrictions on them, however, the

reasonability of the restrictions is decided by the courts.
3) Rights are Justiciable: The rights are justiciable and allow persons to move the
courts for their enforcement, if and when they are violated.

 Any aggrieved person can directly go to the Supreme Court in case of

violation of any fundamental right.
4) Suspension of Rights: The rights can be suspended during the operation of a
National Emergency except the rights guaranteed by Articles 20 and 21.

 Further, the six rights guaranteed by Article 19 can be suspended only when
there is an external emergency war or external aggression) [and not on the
ground of armed rebellion (i.e., internal emergency].
5) Restriction of Laws: Their application to the members of armed forces,
paramilitary forces, police forces, intelligence agencies and analogous services can
be restricted or abrogated by the Parliament (Article 33).

 Their application can be restricted while martial law (military rule imposed
under abnormal circumstances) is in force in any area.

Fundamental Rights (available to citizens as Fundamental Rights available to citizens only

 well foreigners) (except enemy aliens)

 Equality before law. Prohibition of discrimination on grounds of

religion, race, caste, sex or place of birth

 Protection in respect of conviction for Equality of opportunity in matters of public

offences. employment.

 Protection of personal life and liberty. Protection of the six fundamental rights of
freedom mentioned in article 19.

 Right to elementary education. Protection of language, script and culture of

minorities.

 Protection against arrest and detention in Right of minorities to establish and administer
certain cases. educational institutions

 Prohibition of human trafficking and forced

labour.

 Prohibition of employment of children in

factories.

 Freedom of conscience and free profession,

practice and propagation of religion.

 Freedom to manage religious affairs.

 Freedom from payment of taxes for

promotion of any religion.

 Freedom from attending religious

instruction or worship in certain
educational institutions.
 The Fundamental Rights
 Right to Equality (Article 14, 15, 16, 17 and 18):

1) Equality Before Law: Article 14 says that no person shall be denied treatment of
equality before the law or the equal protection of the laws within the territory of
India.

 The right is extended to all persons whether citizens or foreigners, statutory

corporations, companies, registered societies or any other type of legal
person.
 Exceptions: As per article 361, the President of India or Governor of states is
not answerable to any court for the exercise of their powers/duties and no
civil or criminal proceedings can occur or continue against them in any court
during their term of office.

o As per article 361-A, no civil or court proceedings can occur for a person
for publishing any substantially true report of either House of the
Parliament and State Legislature.
o No member of Parliament (article 105) and State Legislature (article
194) shall be liable to any court proceedings in respect of anything said
or any vote given by him in Parliament or any committee.
o The foreign sovereigns (rulers), ambassadors and diplomats enjoy
immunity from criminal and civil proceedings.
2) Prohibition of Discrimination: Article 15 provides that no citizen shall be
discriminated on grounds only of religion, race, caste, sex or place of birth.

 Exception: Certain provisions can be made for the women, children, citizens
from any socially or educationally backward class for their upliftment (such
as reservation and access to free education).
3) Equality of Opportunity in Public Employment: Article 16 of the Indian
constitution provides for equality of opportunity for all citizens in matters of
employment or appointment to any public office.

 Exceptions: There are provisions for reservation in appointments or posts

for any backward class that is not adequately represented in the state
services.

o Also, an incumbent of a religious or denominational institution may

belong to the particular religion or denomination.
4) Abolition of Untouchability: Article 17 abolishes ‘untouchability’ and forbids its
practice in any form. The enforcement of any disability arising out of
untouchability shall be an offence punishable in accordance with law.
  A person convicted of the offence of ‘untouchability’ is disqualified for
election to the Parliament or state legislature. The acts of offences include:

o Preaching untouchability directly or indirectly.

o Preventing any person from entering any shop, hotel, public place of
worship and place of public entertainment.
o Refusing to admit persons in hospitals, educational institutions or
hostels established for public benefit.
o Justifying untouchability on traditional, religious, philosophical or other
grounds.
o Insulting a person belonging to scheduled caste on the ground of
untouchability.
5) Abolition of Titles: Article 18 of the constitution of India abolishes titles and
makes four provisions in that regard:

 It prohibits the state from conferring any title on any citizen or a foreigner
(except a military or academic distinction).
 It prohibits a citizen of India from accepting any title from any foreign state.
 A foreigner holding any office of profit or trust under the state cannot accept
any title from any foreign state without the consent of the President of India.
 No citizen or foreigner holding any office of profit or trust within the territory
of India can accept any present, emolument or office from or under any
foreign State without the consent of the president.

 Right to Freedom (Article 19, 20, 21 and 22):

1) Protection of 6 Rights: Article 19 guarantees to all citizens the six rights of

freedom including:

 Right to freedom of speech and expression.

o Expressing one’s own views, opinions, belief and convictions freely by

word of mouth, writing, printing, picturing or in any other manner.
 Right to assemble peaceably and without arms.

o Includes the right to hold public meetings, demonstrations and take out
processions which can be exercised only on public land.
o It does not protect violent, disorderly and riotous assemblies or strike.
  Right to form associations or unions or co-operative societies.

o It includes the right to form (and not to form) political parties,

companies, partnership firms, societies, clubs, organisations, trade
unions or any body of persons.
 Right to move freely throughout the territory of India.

o The freedom of movement has two dimensions, viz, internal (right to

move inside the country) (article 19) and external (right to move out of
the country and right to come back to the country) (article 21).
 Right to reside and settle in any part of the territory of India.

o The right of outsiders to reside and settle in tribal areas is restricted to

protect the distinctive culture and customs of scheduled tribes and to
safeguard their traditional vocation and properties against exploitation.
 Right to practice any profession or to carry on any occupation, trade or
business.

o It doesn’t include the right to carry on a profession that is immoral

(trafficking in women or children) or dangerous (harmful drugs or
explosives, etc,).
2) Protection in Respect of Conviction for Offences: Article 20 grants protection
against arbitrary and excessive punishment to an accused person, whether citizen
or foreigner or legal person like a company or a corporation. It provides that:

 No person shall be convicted of any offence except for violation of a law in

force at the time of the commission of the act or subjected to a penalty greater
than that prescribed by the law.
 No person shall be prosecuted and punished for the same offence more than
once.
 No person accused of any offence shall be compelled to be a witness against
himself.
3) Protection of Life and Personal Liberty: Article 21 declares that no person shall
be deprived of his life or personal liberty except according to procedure
established by law. This right is available to both citizens and non-citizens.

 The right to life is not merely confined to animal existence or survival but also
includes the right to live with human dignity and all those aspects of life
which go to make a man’s life meaningful, complete and worth living.
4) Right to Education: Article 21 (A) declares that the State shall provide free and
compulsory education to all children of the age of six to fourteen years.
  This provision makes only elementary education a Fundamental Right and
not higher or professional education.
 This provision was added by the 86th Constitutional Amendment Act of
2002.
 Before the 86th amendment, the Constitution contained a provision for free
and compulsory education for children under Article 45 in Part IV of the
constitution.
5) Protection Against Arrest and Detention: Article 22 grants protection to
persons who are arrested or detained.

 Detention is of two types, namely, punitive (punishment after trial and

conviction) and preventive (punishment without trial and conviction).
 The first part of Article 22 deals with the ordinary law and includes:

o Right to be informed of the grounds of arrest.

o Right to consult and be defended by a legal practitioner.
o Right to be produced before a magistrate within 24 hours, excluding the
journey time.
o Right to be released after 24 hours unless the magistrate authorises
further detention.
 The second part of Article 22 deals with preventive detention law. Protection
under this article is available to both citizens as well as aliens and includes
the following:

o The detention of a person cannot exceed three months unless an

advisory board (judges of high court) reports sufficient cause for
extended detention.
o The grounds of detention should be communicated to the detenu.
o The detenu should be afforded an opportunity to make a representation
against the detention order.

Articles 12-35 of the Indian Constitution deal with Fundamental Rights. These human
rights are conferred upon the citizens of India and the Constitution tells that these
rights are inviolable. Right to Life, Right to Dignity, Right to Education, etc. all come
under one of the six main fundamental rights.

 What are Fundamental Rights?

Fundamental rights are the basic human rights enshrined in the Constitution of
India which are guaranteed to all citizens. They are applied without discrimination on
the basis of race, religion, gender, etc. Significantly, fundamental rights are
enforceable by the courts, subject to certain conditions.

 6 Fundamental Rights of India

In this section, we list the fundamental rights of India and briefly describe each of them.

1. Right to Equality (Articles 14 – 18)

The right to equality is one of the important fundamental rights of the Indian
Constitution that guarantees equal rights for everyone, irrespective of religion, gender,
caste, race or place of birth. It ensures equal employment opportunities in the
government and insures against discrimination by the State in matters of employment
on the basis of caste, religion, etc. This right also includes the abolition of titles as well
as untouchability.

2. Right to Freedom (Articles 19 – 22)

Freedom is one of the most important ideals cherished by any democratic society. The
Indian Constitution guarantees freedom to citizens. The freedom right includes many
rights such as:

 Freedom of speech
 Freedom of expression
 Freedom of assembly without arms
 Freedom of association
 Freedom to practise any profession
 Freedom to reside in any part of the country
Some of these rights are subject to certain conditions of state security, public morality
and decency and friendly relations with foreign countries. This means that the State has
the right to impose reasonable restrictions on them.

3. Right against Exploitation (Articles 23 – 24)

This right implies the prohibition of traffic in human beings, begar, and other forms of
forced labour. It also implies the prohibition of employment of children in factories, etc.
The Constitution prohibits the employment of children under 14 years in hazardous
conditions.
4. Right to Freedom of Religion (Articles 25 – 28)

This indicates the secular nature of Indian polity. There is equal respect given to all
religions. There is freedom of conscience, profession, practice and propagation of
religion. The State has no official religion. Every person has the right to freely practice
his or her faith, and establish and maintain religious and charitable institutions.

5. Cultural and Educational Rights (Articles 29 – 30)

These rights protect the rights of religious, cultural and linguistic minorities, by
facilitating them to preserve their heritage and culture. Educational rights are for
ensuring education for everyone without any discrimination.

6. Right to Constitutional Remedies (32 – 35)

The Constitution guarantees remedies if citizens’ fundamental rights are violated. The
government cannot infringe upon or curb anyone’s rights. When these rights are
violated, the aggrieved party can approach the courts. Citizens can even go directly to
the Supreme Court which can issue writs for enforcing fundamental rights.

 Features of Fundamental Rights

 Fundamental rights are different from ordinary legal rights in the manner in which
they are enforced. If a legal right is violated, the aggrieved person cannot directly
approach the SC bypassing the lower courts. He or she should first approach the
lower courts.
 Some of the fundamental rights are available to all citizens while the rest are for all
persons (citizens and foreigners).
 Fundamental rights are not absolute rights. They have reasonable restrictions,
which means they are subject to the conditions of state security, public morality and
decency and friendly relations with foreign countries.
 They are justiciable, implying they are enforceable by courts. People can approach
the SC directly in case of violation of fundamental rights.
 Fundamental rights can be amended by the Parliament by a constitutional
amendment but only if the amendment does not alter the basic structure of the
Constitution.
 The Fundamental Rights of the Indian Constitution can be suspended during a
national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be
suspended.
 The application of fundamental rights can be restricted in an area that has been
placed under martial law or military rule.

 Fundamental Rights Available Only to Citizens

The following is the list of fundamental rights in the Indian constitution that are
available only to citizens (and not to foreigners):

1) Prohibition of discrimination on grounds of race, religion, caste, gender or place

of birth (Article 15).
2) Equality of opportunity in matters of public employment (Article 16).
3) Protection of freedom of: (Article 19)
 Speech and expression
 Association
 Assembly
 Movement
 Residence
 Profession
4) Protection of the culture, language and script of minorities (Article 29).
5) Right of minorities to establish and administer educational institutions (Article
30).

 Importance of Fundamental Rights

Fundamental rights are very important because they are like the backbone of the
country. They are essential for safeguarding the people’s interests.

According to Article 13, all laws that are violative of fundamental rights shall be void.
Here, there is an express provision for judicial review. The SC and the High Courts can
declare any law unconstitutional on the grounds that it is violative of fundamental
rights. Article 13 talks about not just laws, but also ordinances, orders, regulations,
notifications, etc.

 Amendability of Fundamental Rights

 Any changes to fundamental rights require a constitutional amendment that should

be passed by both the Houses of Parliament. The amendment bill should be passed
by a special majority of Parliament.
 As per the Constitution, Article 13(2) states that no laws can be made that take
away fundamental rights.
 The question is whether a constitutional amendment act can be termed law or not.
 In the Sajjan Singh case of 1965, the Supreme Court held that the Parliament can
amend any part of the Constitution including fundamental rights.
 But in 1967, the SC reversed its stance taken earlier when in the verdict of the
Golaknath case, it said that the fundamental rights cannot be amended.
 In 1973, a landmark judgement ensued in the Kesavananda Bharati case, where
the SC held that although no part of the Constitution, including Fundamental Rights,
 was beyond the Parliament’s amending power, the “basic structure of the
Constitution could not be abrogated even by a constitutional amendment.”
 This is the basis in Indian law in which the judiciary can strike down any
amendment passed by Parliament that is in conflict with the basic structure of the
Constitution.
 In 1981, the Supreme Court reiterated the Basic Structure doctrine.
 It also drew a line of demarcation as April 24th, 1973 i.e., the date of the
Kesavananda Bharati judgement, and held that it should not be applied
retrospectively to reopen the validity of any amendment to the Constitution which
took place prior to that date.

 Doctrine of Severability

This is a doctrine that protects the fundamental rights enshrined in the Constitution.

 It is also known as the Doctrine of Separability.

 It is mentioned in Article 13, according to which all laws that were enforced in India
before the commencement of the Constitution, inconsistent with the provisions of
fundamental rights shall to the extent of that inconsistency be void.
 This implies that only the parts of the statute that are inconsistent shall be deemed
void and not the whole statute. Only those provisions which are inconsistent with
fundamental rights shall be void.

 Doctrine of Eclipse

 This doctrine states that any law that violates fundamental rights is not null or void
ab initio, but is only non-enforceable, i.e., it is not dead but inactive.
 This implies that whenever a fundamental right (which was violated by the law) is
struck down, the law becomes active again (is revived).
 Another point to note is that the doctrine of eclipse applies only to pre-
constitutional laws (laws that were enacted before the Constitution came into force)
and not to post-constitutional laws.
 This means that any post-constitutional law which is violative of a fundamental right
is void ab initio.

 Fundamental Rights and Duties Difference

Fundamental Rights are the rights available to the people of this country, while
Fundamental Duties are the obligations on the part of the citizens. Fundamental Duties
were added to the Indian Constitution by the 42nd Constitution Amendment Act 1976
by the Indira Gandhi Government.

Fundamental rights and duties are two important concepts of the Indian Constitution.
While fundamental rights are the entitlements that individuals possess by virtue of
being citizens of a particular country, fundamental duties are the responsibilities that
citizens have towards their country and fellow citizens. Here are some key differences
between the two:

1) Nature: Fundamental rights are legal rights that are enshrined in the constitution of
a country. These rights are meant to protect the interests of individuals and provide
them with a sense of security and equality. On the other hand, fundamental duties
are moral and ethical obligations expected of citizens towards their country and
fellow citizens.
2) Enforcement: Fundamental rights are enforceable through the courts of law. If an
individual’s fundamental rights are violated, they can seek legal recourse and the
courts can provide appropriate remedies. However, fundamental duties are not
enforceable in the same way. While citizens are expected to fulfil their fundamental
duties, there are no legal sanctions if they fail to do so.
3) Goal: The focus of fundamental rights is on protecting the interests of individuals
and ensuring their well-being. Fundamental duties, on the other hand, are focused
on promoting the collective good and ensuring that citizens contribute to the
welfare of their country.
 UNIT:-6 DIRECTIVE PRINCIPLE OF STATE POLICY
Articles 36-51 under Part-IV of the Indian Constitution deal with Directive Principles of
State Policy (DPSP). They are borrowed from the Constitution of Ireland, which had
copied it from the Spanish Constitution. This article will solely discuss the Directive
Principles of State Policy, its importance in the Indian Constitution and the history of its
conflict with Fundamental Rights.

 What are the Directive Principles of State Policy?

The Sapru Committee in 1945 suggested two categories of individual rights. One being
justiciable and the other being non-justiciable rights. The justiciable rights, as we know,
are the Fundamental rights, whereas the non-justiciable ones are the Directive
Principles of State Policy.

DPSP of Indian Constitution are ideals which are meant to be kept in mind by the state
when it formulates policies and enacts laws. There are various definitions of Directive
Principles of State which are given below:

 They are an ‘instrument of instructions’ which are enumerated in the Government of

India Act, 1935.
 They seek to establish economic and social democracy in the country.
 DPSPs are ideals which are not legally enforceable by the courts for their violation.

 Directive Principles of State Policy – Classification

Indian Constitution has not originally classified DPSPs but based on their content and
direction, they are usually classified into three types-

 Socialistic Principles,
 Gandhian Principles and,
 Liberal-Intellectual Principles.
The details of the three types of DPSPs are given below:

DPSP – Socialistic Principles

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

Article 38 Promote the welfare of the people by securing a social order through justice—social, economic
and political—and to minimise inequalities in income, status, facilities and opportunities

Article 39 Secure citizens:

 Right to adequate means of livelihood for all citizens

 Equitable distribution of material resources of the community for the common good
  Prevention of concentration of wealth and means of production
 Equal pay for equal work for men and women
 Preservation of the health and strength of workers and children against forcible abuse
 Opportunities for the healthy development of children
Article Promote equal justice and free legal aid to the poor
39A
Article 41 In cases of unemployment, old age, sickness and disablement, secure citizens:

 Right to work
 Right to education
 Right to public assistance
Article 42 Make provision for just and humane conditions of work and maternity relief
Article 43 Secure a living wage, a decent standard of living and social and cultural opportunities for all
workers
Article Take steps to secure the participation of workers in the management of industries
43A
Article 47 Raise the level of nutrition and the standard of living of people and to improve public health

DPSP – Gandhian Principles

Definition: These principles are based on Gandhian ideology used to represent the programme of
reconstruction enunciated by Gandhi during the national movement. Under various articles, they direct the
state to:

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

Article 43 Promote cottage industries on an individual or cooperation basis in rural areas

Article Promote voluntary formation, autonomous functioning, democratic control and professional
43B management of co-operative societies

Article 46 Promote the educational and economic interests of SCs, STs, and other weaker sections of the
society and to protect them from social injustice and exploitation

Article 47 Prohibit the consumption of intoxicating drinks and drugs which are injurious to health
Article 48 Prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their
breeds
 DPSP – Liberal-Intellectual Principles

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

Article Secure for all citizens a uniform civil code throughout the country
44

Article Provide early childhood care and education for all children until they complete the age of six
45 years. (Note: 86th Amendment Act of 2002 changed the subject matter of this article and made
elementary education a fundamental right under Article 21 A.)

Article Organise agriculture and animal husbandry on modern and scientific lines
48

Article Protect monuments, places and objects of artistic or historic interest which are declared to be of
49 national importance

Article Separate the judiciary from the executive in the public services of the State
50
Article  Promote international peace and security and maintain just and honourable relations
51 between nations
 Foster respect for international law and treaty obligations
 Encourage settlement of international disputes by arbitration

 What are the new DPSPs added by the 42nd Amendment Act, 1976?
42nd Amendment Act, 1976 added four new Directive Principles to the list:

S.No Article New DPSPs

1 Article 39 To secure opportunities for the healthy development of children

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

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

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

 Facts about Directive Principles of State Policy:

1) A new DPSP under Article 38 was added by the 44th Amendment Act of 1978,
which requires the State to minimise inequalities in income, status, facilities and
opportunities.
2) The 86th Amendment Act of 2002 changed the subject matter of Article 45 and
made elementary education a fundamental right under Article 21A. The amended
directive requires the State to provide early childhood care and education for all
children until they reach the age of 14 years.
3) A new DPSP under Article 43B was added by the 97th Amendment Act of 2011
relating to cooperative societies. It requires the state to promote voluntary
formation, autonomous functioning, democratic control and professional
management of cooperative societies.
4) The Indian Constitution under Article 37 makes it clear that ‘DPSPs are
fundamental in the governance of the country and it shall be the duty of the state to
apply these principles in making laws.’

 Criticism of Directive Principles of State Policy

As a point of debate, the following reasons are stated for the criticism of Directive
Principles of State Policy:

 It has no legal force

 It is illogically arranged
 It is conservative in nature
 It may produce constitutional conflict between centre and state

 What is the conflict between Fundamental Rights and DPSPs?

With the help of four court cases given below, candidates can understand the
relationship between Fundamental Rights and Directive Principles of State Policy:

1) Champakam Dorairajan Case (1951)

Supreme Court ruled that in any case of conflict between Fundamental Rights and
DPSPs of Indian Constitution, the provisions of the former would prevail. DPSPs were
regarded as a subsidiary of Fundamental Rights. SC also ruled that Parliament can
amend Fundamental Rights through a constitutional amendment act to implement
DPSPs.

Result: Parliament made the First Amendment Act (1951), the Fourth Amendment Act
(1955) and the Seventeenth Amendment Act (1964) to implement some of the
Directives.

2) Golaknath Case (1967)

Supreme Court ruled that Parliament cannot amend Fundamental Rights to implement
Directive Principles of State Policy.

Result: Parliament enacted the 24th Amendment Act 1971 & 25th Amendment Act
1971 declaring that it has the power to abridge or take away any of the Fundamental
 Rights by enacting Constitutional Amendment Acts. 25th Amendment Act inserted a
new Article 31C containing two provisions:

 No law which seeks to implement the socialistic Directive Principles specified in

Article 39 (b)22 and (c)23 shall be void on the ground of contravention of the
Fundamental Rights conferred by Article 14 (equality before law and equal
protection of laws), Article 19 (protection of six rights in respect of speech,
assembly, movement, etc) or Article 31 (right to property).
 No law containing a declaration for giving effect to such policy shall be questioned
in any court on the ground that it does not give effect to such a policy.

3) Kesavananda Bharti Case (1973)

Supreme Court ruled out the second provision of Article 31C added by the 25th
Amendment Act during Golaknath Case of 1967. It termed the provision
‘unconstitutional.’ However, it held the first provision of Article 31C constitutional and
valid.

Result: Through the 42nd Amendment Act, Parliament extended the scope of the first
provision of Article 31C. It accorded the position of legal primacy and supremacy to the
Directive Principles over the Fundamental Rights conferred by Articles 14, 19 and 31.

4) Minerva Mills Case (1980)

Supreme Court held the extension of Article 31C made by the 42nd Amendment Act
unconstitutional and invalid. It made DPSP subordinate to Fundamental Rights.
Supreme Court also held that ‘the Indian Constitution is founded on the bedrock of
the balance between the Fundamental Rights and the Directive Principles.’

Supreme Court’s rulings following the case were:

 Fundamental Rights and DPSPs constitute the core of the commitment to social
revolution.
 The harmony and balance between Fundamental Rights and Directive Principles of
State Policy is an essential feature of the basic structure of the Constitution.
 The goals set out by the Directive Principles have to be achieved without the
abrogation of the means provided by the Fundamental Rights.

 Directive Principles of State Policy

DPSP for UPSC Prelims

What is its full form? Directive Principles of State Policy

From which country is it borrowed? Ireland (Which had copied it from Spanish Constitution)
How many articles are under DPSP? Article 36-51 belong to DPSP

Which part in Indian Constitution deals with Part-IV belongs to DPSP

DPSP?

How many types of DPSPs are there? There are three types:

1. Socialist
2. Gandhian
3. Liberal-Intellectual
Have Directive Principles ever amended? Yes, the 42nd Amendment Act, 44th Amendment Act, and
86th Amendment Act have added/deleted a few DPSPs.
Are DPSPs justiciable? No, DPSPs are non-justiciable in nature.
Are DPSPs sub-ordinate to Fundamental There is a balance between both. Fundamental Rights can
Rights? be amended to implement Directive Principles until it does
not harm the basic structure of the Constitution.
Who described DPSP as ‘novel feature’ of Dr B.R. Ambedkar
Constitution?
From where do Indian DPSPs find their Irish Home Rule Movement
motivation?
What are the recent developments in favour of There are various such acts enacted to enforce DPSP. They
DPSPs? are:

 Prevention of Atrocities Act (In favour of Article 46)

 Minimum Wages Act (In favour of Article 43)
 Consumer Protection Act
 Equal Remuneration Act (In favour of Article 39)

Directive Principles of State Policy (DPSP)

 Introduction

1) Background: The source of the concept of Directive Principles of State Policy

(DPSP) is the Spanish Constitution from which it came in the Irish Constitution.

 The concept of DPSP emerged from Article 45 of the Irish Constitution.

2) Constitutional Provisions: Part IV of the Constitution of India (Article 36–
51) contains the Directive Principles of State Policy (DPSP).

 Article 37 of the Indian Constitution States about the application of the

Directive Principles.

o These principles aim at ensuring socioeconomic justice to the people

and establishing India as a Welfare State.
3) Fundamental Rights Vs DPSP:

 Unlike the Fundamental Rights (FRs), the scope of DPSP is limitless and it
protects the rights of a citizen and work at a macro level.

o DPSP consists of all the ideals which the State should follow and keep
in mind while formulating policies and enacting laws for the country.
 Directive Principles are affirmative directions on the other hand,
Fundamental Rights are negative or prohibitive in nature because they put
limitations on the State.
 The DPSP is not enforceable by law; it is non-justiciable.
 It is important to note that DPSP and FRs go hand in hand.

o DPSP is not subordinate to FRs.

4) Classification of Principles: The Directive Principles are classified on the basis of
their ideological source and objectives. These are Directives based on:

 Socialist Principles
 Gandhian Principles
 Liberal and Intellectual Principles
 Directives based on Socialist Principles

1) Article 38: The State shall strive to promote the welfare of the people by securing
and protecting a social order by ensuring social, economic and political
justice and by minimising inequalities in income, status, facilities and
opportunities
2) Articles 39: The State shall in particular, direct its policies towards securing:

 Right to an adequate means of livelihood to all the citizens.

 The ownership and control of material resources shall be organised in a
manner to serve the common good.
 The State shall avoid concentration of wealth in a few hands.
  Equal pay for equal work for both men and women.
 The protection of the strength and health of the workers.
 Childhood and youth shall not be exploited.
3) Article 41: To secure the right to work, to education and to public assistance in
cases of unemployment, old age, sickness and disability.
4) Article 42: The State shall make provisions for securing just and humane
conditions of work and for maternity relief.
5) Article 43: The State shall endeavour to secure to all workers a living wage and
a decent standard of life.

 Article 43A: The State shall take steps to secure the participation of workers
in the management of industries.
6) Article 47: To raise the level of nutrition and the standard of living of people
and to improve public health.

 Directives based on Gandhian Principles

1) Article 40: The State shall take steps to organise village panchayats as units of
Self Government
2) Article 43: The State shall endeavour to promote cottage industries on an
individual or cooperative basis in rural areas.

 Article 43B: To promote voluntary formation, autonomous functioning,

democratic control and professional management of cooperative societies.
3) Article 46: The State shall promote educational and economic interests of the
weaker sections of the people particularly that of the Scheduled Castes (SCs),
Scheduled Tribes (STs) and other weaker sections.
4) Article 47: The State shall take steps to improve public health and prohibit
consumption of intoxicating drinks and drugs that are injurious to health.
5) Article 48: To prohibit the slaughter of cows, calves and other milch and
draught cattle and to improve their breeds.

 Directives based on Liberal-Intellectual Principles

1) Article 44: The State shall endeavour to secure for the citizen a Uniform Civil
Code through the territory of India.
2) Article 45: To provide early childhood care and education for all children until
they complete the age of six years.
3) Article 48: To organise agriculture and animal husbandry on modern and
scientific lines.

 Article 48A: To protect and improve the environment and to safeguard the
forests and wildlife of the country.
4) Article 49: The State shall protect every monument or place of artistic or historic
interest.
5) Article 50: The State shall take steps to separate judiciary from the executive in
the public services of the State.
6) Article 51: It declares that to establish international peace and security the
State shall endeavour to:

 Maintain just and honourable relations with the nations.

 Foster respect for international law and treaty obligations.
 Encourage settlement of international disputes by arbitration.

 Amendments in DPSP:

1) 42nd Constitutional Amendment, 1976: It introduced certain changes in the part-

IV of the Constitution by adding new directives:

 Article 39A: To provide free legal aid to the poor.

 Article 43A: Participation of workers in management of Industries.K1M
 Article 48A: To protect and improve the environment.
2) 44th Constitutional Amendment, 1978: It inserted Section-2 to Article 38 which
declares that; “The State in particular shall strive to minimise economic
inequalities in income and eliminate inequalities in status, facilities and
opportunities not amongst individuals but also amongst groups”.

 It also eliminated the Right to Property from the list of Fundamental Rights.
3) 86th Amendment Act of 2002: It changed the subject-matter of Article 45 and
made elementary education a fundamental right under Article 21 A.

 Conflicts Between Fundamental Rights and DPSP: Associated Cases

1) Champakam Dorairajan v the State of Madras (1951): In this case, the

Supreme Court ruled that in case of any conflict between the Fundamental
Rights and the Directive Principles, the former would prevail.
  It declared that the Directive Principles have to conform to and run as
subsidiary to the Fundamental Rights.
 It also held that the Fundamental Rights could be amended by the Parliament
by enacting constitutional amendment acts.
2) Golaknath v the State of Punjab (1967): In this case, the Supreme Court
declared that Fundamental Rights could not be amended by the
Parliament even for implementation of Directive Principles.

 It was contradictory to its own judgement in the ‘Shankari Parsad case’.

3) Kesavananda Bharati v the State of Kerala (1973): In this case, the Supreme
Court overruled its Golak Nath (1967) verdict and declared that Parliament can
amend any part of the Constitution but it cannot alter its “Basic Structure”.

 Thus, the Right to Property (Article 31) was eliminated from the list of
Fundamental Rights.
4) Minerva Mills v the Union of India (1980): In this case, the Supreme Court
reiterated that Parliament can amend any part of the Constitution but it cannot
change the “Basic Structure” of the Constitution.

 Implementation of DPSP: Associated Acts and Amendments

1) Land Reforms: Almost all the states have passed land reform laws to bring
changes in the agrarian society and to improve the conditions of the rural masses.
These measures include:

 Abolition of intermediaries like zamindars, jagirdars, inamdars, etc

 Tenancy reforms like security of tenure, fair rents, etc
 Imposition of ceilings on land holdings
 Distribution of surplus land among the landless labourers
 Cooperative farming
2) Labour Reforms: The following acts were enacted to protect the interests of the
Labour section of the society.

 The Minimum Wages Act (1948), Code on Wages, 2020

 The Contract Labour Regulation and Abolition Act (1970)
 The Child Labour Prohibition and Regulation Act (1986)

o Renamed as the Child and Adolescent Labour Prohibition and

Regulation Act, 1986 in 2016.
  The Bonded Labour System Abolition Act (1976)
 The Mines and Minerals (Development and Regulation) Act, 1957
 The Maternity Benefit Act (1961) and the Equal Remuneration Act (1976)
have been made to protect the interests of women workers.
3) Panchayati Raj System: Through 73rd Constitutional Amendment Act, 1992,
government fulfilled constitutional obligation stated in Article 40.

 Three tier ‘Panchayati Raj System’ was introduced at the Village, Block and
District level in almost all parts of the country.
4) Cottage Industries: To promote cottage industries as per Article 43, the
government has established several Boards such as Village Industries
Board, Khadi and Village Industries Commission, All India Handicraft
Board, Silk Board, Coir Board, etc., which provide essential help to cottage
industries in finance and marketing.
5) Education: Government has implemented provisions related to free and
compulsory education as provided in Article 45.

 Introduced by the 86th Constitutional Amendment and subsequently passed

the Rights to Education Act 2009, Elementary Education has been accepted
as Fundamental Right of each child between the 6 to 14 years of age.
6) Rural Area Development: Programmes such as the Community Development
Programme (1952), Integrated Rural Development Programme (1978-79)
and Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA-
2006) were launched to raise the standard of living particularly in rural areas, as
stated in the Article 47 of the Constitution.
7) Health: Central Government sponsored schemes like Pradhan Mantri Gram
Swasthya Yojana (PMGSY) and National Rural Health Mission (NRHM) are
being implemented to fulfill the social sector responsibility of the Indian State.
8) Environment: The Wildlife (Protection) Act, 1972, the Forest (Conservation)
Act, 1980 and the Environment (Protection) Act, 1986 have been enacted to
safeguard the wildlife and the forests respectively.

 The Water and Air Pollution Control Acts have provided for the
establishment of the Central Pollution Control Board.
9) Heritage Preservation: The Ancient and Historical Monument and
Archaeological Sites and Remains Act (1958) has been enacted to protect the
monuments, places and objects of national importance.
 UNIT :-7 FUNDAMENTAL DUTIES

The Swaran Singh Committee in 1976 recommended Fundamental Duties, the necessity

of which was felt during the internal emergency of 1975-77. The 42nd Amendment Act

of 1976 added 10 Fundamental Duties to the Indian Constitution. The 86th Amendment
Act 2002 later added the 11th Fundamental Duty to the list.

 Introduction to 11 Fundamental Duties in India

The fundamental duties which were added by the 42nd Amendment Act of the
Constitution in 1976, in addition to creating and promoting culture, also strengthen the
hands of the legislature in enforcing these duties vis-a-vis the fundamental rights.

The list of 11 Fundamental Duties under Article 51-A to be obeyed by every

Indian citizen is given in the table below:

S.No 11 Fundamental Duties

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

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

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

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

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

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

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

8. Develop scientific temper, humanism and the spirit of inquiry and reform
 9. Safeguard public property and to abjure violence

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

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

 Importance of Fundamental Duties – Part IV-A

Fundamental Duties are an inalienable part of fundamental rights. The

importance of these are given in the table below:

S.No Importance of Fundamental Duties

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

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

3. They inspire citizens & promote a sense of discipline and commitment among them

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

 Criticism of Fundamental Duties

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

 They have been described by critics as a code of moral precepts due to their non-
justiciable character. Their inclusion in the Constitution was described by the critics
as superfluous. This is because the duties included in the Constitution as
fundamental would be performed by the people even though they were not
incorporated into the Constitution.
 Some of the duties are vague, ambiguous and difficult to be understood by the
common man.
 The list of duties is not exhaustive as it does not cover other important duties like
casting votes, paying taxes, family planning and so on. In fact, the duty to pay taxes
was recommended by the Swaran Singh Committee.
 The critics said that the inclusion of fundamental duties as an appendage to Part IV
of the Constitution has reduced their value and significance. They should have been
added after Part III so as to keep them on par with Fundamental Rights.
 Swaran Singh’s Committee recommended more than 10 Fundamental Duties,
however, not all were included in the Constitution. Those duties recommended by
the committee which were not accepted were:
o Citizens to be penalized/punished by the parliament for any non-compliance
with or refusal to observe any of the duties.
o The punishments/penalties decided by the Parliament shall not be called in
question in any court on the ground of infringement of any of Fundamental
Rights or on the ground of repugnancy to any other provision of the
Constitution.
o Duty to pay taxes.
 UNIT:- 8 PRESIDENT OF INDIA

 Who is President of India?

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

 How is President elected?

There is no direct election for the Indian President. An electoral college elects him. The Electoral
College responsible for President’s elections comprises elected members of:
 Lok Sabha and Rajya Sabha
 Legislative Assemblies of the states (Legislative Councils have no role)
 Legislative Assemblies of the Union Territories of Delhi and Puducherry

Note:
 Value of the vote of an MLA is given below:

 Value of the vote of MP is given below:

 Who does not take part in the President’s elections?

The following group of people are not involved in electing the President of India:
 Nominated Members of Lok Sabha (2) and Rajya Sabha (12)
 Nominated Members of State Legislative Assemblies
 Members of Legislative Councils (Both elected and nominated) in bicameral legislatures
 Nominated Members of union territories of Delhi and Puducherry
 What is the term of President’s office?
Once President is elected, he holds office for five years. He sits in the office even after the
completion of five years given no new election have taken place or no new President has been
elected till then. He can also be re- elected and there is no cap on his re-election.

 Questions related to President’s elections for UPSC

There are a few facts which an IAS aspirant must know for UPSC 2020. Those facts are in given in a
question- answer format in the table below:

What is the principle of Proportional Representation with means of a single transferable vote
election used in the
President’s election?
How does voting take It is a secret ballot system of voting
place in the election of
Indian President?
What is a quota of votes in
President’s elections?

How is the Supreme Court Any dispute related to his election is taken up by SC. SC’s decision is final.
(SC) involved in the Note: After the election of President is declared null and void, the acts done
President’s election? by the President in his office remain valid even after his removal.

 What are the qualifications of President?

A candidate has to meet some qualifications to be elected as the president. Those qualifications of
the President are:
 He should be an Indian Citizen
 His age should be a minimum of 35 years
 He should qualify the conditions to be elected as a member of the Lok Sabha
 He should not hold any office of profit under the central government, state government,
or any public authority

 What are the conditions of the President’s office?

There are a few conditions for the candidate running for the President’s elections:
 He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member of either
of the house, he should vacate the seat on his first day as President in the office
 He should not hold any office of profit
 For his residence, Rashtrapati Bhavan is provided to him without the payment of rent
 Parliament decides his emoluments, allowances and privileges
 Parliament cannot diminish his emoluments and allowances during his term of office
 He is given immunity from any criminal proceedings, even in respect of his personal acts
  Arrest or imprisonment of President cannot take place. Only civil proceedings can be
initiated for his personal acts that too after giving two months’ of prior notice.

 What is the procedure for impeachment of a president?

The only condition for the initiation of impeachment of Indian president is the ‘violation of the
constitution.’ Note: Indian Constitution contains no definition of ‘violation of constitution.’

The impeachment process of President is given below. (We have taken Lok Sabha as the first
house to initiate the impeachment charges, however, Rajya Sabha too can initiate the
impeachment charges against President and in that case, it will pass the resolution and send the
charges to Lok Sabha which will investigate and pass it if it finds those charges valid.)
 Can the President’s office be vacant?
Yes, his office can be vacant in the following ways:
 When President of India completes his term of five years in the office
 If the President resigns by putting forward his resignation to the Vice-President of India
 If Lok Sabha/Rajya Sabha initiates an impeachment charge and they stand valid, he is removed
 If he dies in the office
 If Supreme Court declares his election invalid

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

Executive Powers of President

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

 Legislative Powers of President

1) He summons or prorogues Parliament and dissolve the Lok Sabha
2) He summons a joint sitting of Lok Sabha and Rajya Sabha in case of deadlock
3) He addresses the Indian Parliament at the commencement of the first session after every
general election
4) He appoints speaker, deputy speaker of Lok Sabha and chairman/deputy chairman of
Rajya Sabha when the seats fall vacant He nominates 12 members of the Rajya Sabha
5) He can nominate two members to the Lok Sabha from the Anglo-Indian Community
6) He consults Election Commission of India on questions of disqualifications of MPs.
7) He recommends/ permits the introduction of certain types of bills He promulgates ordinances
8) He lays the following reports before the Parliament:
 Comptroller and Auditor General
 Union Public Service Commission
 Finance Commission, etc.
 Financial Powers of President
1. To introduce the money bill, his prior recommendation is a must
2. He causes Union Budget to be laid before the Parliament
3. To make a demand for grants, his recommendation is a pre-requisite
4. Contingency Fund of India is under his control
5. He constitutes the Finance Commission every five year

 Judicial Powers of President

1. Appointment of Chief Justice and Supreme Court/High Court Judges are on him
2. He takes advises from Supreme Court however, those advises are not binding on him
3. He has pardoning power. (Read below)

 Diplomatic Powers of President

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

 Military Powers of President

He is the commander of defence forces of India. He appoints:
1. chief of the Army
2. chief of the Navy, and
3. chief of the Air Force

 Emergency Powers of President

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

 What is the Ordinance Making Power of President?

Article 123 deals with the ordinance making power of the President. President has many
legislative powers and this power is one of them. President promulgates an ordinance on the
recommendation of the union cabinet.
UNIT:-9 EMERGENCY POWER

 Emergency Provisions

A state of emergency in India refers to a period of governance that can be proclaimed by

the President of India during certain crisis situations. Under the advice of the cabinet
of ministers, the President can overrule many provisions of the Constitution, which
guarantees Fundamental Rights to the citizens of India.

1) The emergency provisions are contained in Part XVIII of the Constitution of India,
from Article 352 to 360. These provisions enable the Central government to meet
any abnormal situation effectively.
2) The rationality behind the incorporation is to safeguard the sovereignty, unity,
integrity and security of the country, the democratic political system and the
Constitution.
3) The Constitution stipulates three types of emergencies-

 NATIONAL EMERGENCY
1) National emergency can be declared on the basis of war, external aggression or
armed rebellion. The Constitution employs the expression ‘proclamation of
emergency’ to denote an emergency of this type.
2) Grounds of declaration:

 Under Article 352, the president can declare a national emergency when the
security of India or a part of it is threatened by war or external aggression or
armed rebellion.
 The President can declare a national emergency even before the actual
occurrence of war or armed rebellion or external aggression
 When a national emergency is declared on the grounds of ‘war’ or ‘external
aggression’, it is known as ‘External Emergency’. On the other hand, when
it is declared on the grounds of ‘armed rebellion’, it is known as ‘Internal
Emergency’.

 This term ‘armed rebellion’ is inserted from

the 44th amendment. Before this term it was known as internal
disturbance.
3) Example:

 If India and Pakistan openly accept that they will use armed forces against
each other is simply war.
  If there is no formal declaration that there will be armed forces used against a
country is External aggression.
 And if because of these two grounds an emergency is proclaimed as
an external emergency.
Facts

 The 38th Amendment Act of 1975 made the declaration of National Emergency
immune to judicial review. But, this provision was subsequently deleted by the
44th Amendment Act of 1978.
 In Minerva Mills case (1980), the Supreme Court held that National Emergency can
be challenged in the court on the ground of malafide or that the declaration was
based on wholly extraneous and irrelevant facts.

1. Parliamentary approval and duration

 The proclamation of emergency must be approved by both the houses of

parliament within one month from the date of its issue.
 However, if the proclamation of emergency is issued at a time when the Lok
Sabha has been dissolved or the dissolution takes place during the period of
one month without approving the proclamation, then the proclamation
survives until 30 days from the first sitting of Lok Sabha after its
reconstitution, provided the Rajya Sabha has in the meantime approved it.
 If approved by both the houses, the Emergency continues for 6 months and
can be extended to an indefinite period with an approval of the Parliament for
every six months.
 Every resolution approving the proclamation of emergency or its continuance
must be passed by either House of Parliament by a special majority.
2. Revocation of proclamation

 A proclamation of Emergency may be revoked by the President at any time by

a subsequent proclamation. Such proclamation does not require
parliamentary approval.
 The emergency must be revoked if the Lok Sabha passes a resolution by a
simple majority disapproving its continuation.
3. Effects of national emergency

 A proclamation of Emergency has drastic and wide-ranging effects on the

political system. These consequences can be grouped into 3 categories:

 Effects on the centre-state relations: While a proclamation of

Emergency is in force, the normal fabric of the Centre-State relations
 undergoes a basic change. this can be studied under three heads:

o Executive: Centre becomes entitled to give executive directions to

a state on ‘any’ matter
o Legislative: The parliament becomes empowered to make laws on
any subject mentioned in the state list, the president can issue
ordinances on State subjects also, if the parliament is not in session.
The laws made on state subjects by the parliament become
inoperative six months after the emergency has ceased to be in
operation.
o Financial: the president can modify the constitutional distribution
of revenues between the centre and the states.
 Effect on the life of the Lok Sabha and State Assembly:

o While a proclamation of National Emergency is in operation, the life

of the Lok Sabha may be extended beyond the normal term for one
year at a time. However, this extension cannot continue beyond a
period of six months after the emergency has ceased to operate.
o Similarly, the Parliament may extend the normal tenure of a state
Legislative Assembly by one year each time during a national
emergency, subject to a maximum period of six months after the
emergency has ceased to operate.
 Effect on fundamental rights: Articles 358 and 359 describes the effect
of a National Emergency on the Fundamental Rights. These two
provisions are explained below:

o Suspension of Fundamental rights under Article 19: According

to Article 358, when a proclamation of National Emergency is
made, the six fundamental rights under article 19 are automatically
suspended. Article 19 is automatically revived after the expiry of
the emergency.

o The 44th Amendment Act laid out that Article 19 can only be
suspended when the National Emergency is laid on the
grounds of war or external aggression and not in the case of
armed rebellion.
o Suspension of other Fundamental Rights: Under Article 359, the
President is authorised to suspend, by order, the right to move any
court for the enforcement of Fundamental Rights during a National
Emergency. Thus, remedial measures are suspended and not
the Fundamental Rights.
 o The suspension of enforcement relates to only those
Fundamental Rights that are specified in the Presidential
Order.
o The suspension could be for the period during the operation
of emergency or for a shorter period.
o The Order should be laid before each House of Parliament for
approval.
o The 44 Amendment Act mandates that the President cannot
suspend the right to move the court for the enforcement of
Fundamental Rights guaranteed by Article 20 and 21.
4. Declarations made so far: This type of emergency has been proclaimed three
times so far- in 1962, 1971 and 1975

 The first proclamation of National Emergency was issued in October 1962 on

account of Chinese aggression in the NEFA and was in force till January 1968.
 The second proclamation of National Emergency was made in December
1971 in the wake of the attack by Pakistan.
 Even when the emergency was in operation, the third proclamation of
National Emergency was made in June 1975. Both the second and the third
proclamations were revoked in March 1977

 President’s Rule

1) Article 355 imposes a duty on the centre to ensure that the government of every
state is carried on in accordance with the provisions of the constitution.
2) It is this duty in the performance of which the centre takes over the government of
a state under Article 356 in case of failure of constitutional machinery in a state.
3) This is popularly known as ‘President’s Rule’.
4) Grounds of imposition: the president’s ruler can be proclaimed under Article 356
on two grounds:

5) Parliamentary approval and duration: A proclamation imposing president’s

rule must be approved by both the houses of parliament within two months from
the date of its issue.

o However, if the proclamation of President’s rule is issued at a time when the

Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place
during the period of two months without approving the proclamation, then
the proclamation survives until 30 days from the first sitting of the Lok Sabha
after its reconstitution, provided that the Rajya Sabha approves it in the
meantime
6) Consequences of the President’s rule: The President acquires the following
extraordinary powers when the President’s rule is imposed in a state:

o He can take up the functions of the state government and powers vested in
the governor or any other executive authority in the state.
o He can declare that the powers of the state legislature are to be exercised by
the parliament.
o He can take all other necessary steps including the suspension of the
constitutional provisions relating to any body or authority in the state.
7) Scope of judicial review: The 38th Amendment act of 1975 made the satisfaction
of the President in invoking Article 356 final and conclusive which would not be
challenged in any court on any ground.

o But, this provision was subsequently deleted by the 44th Amendment Act of
1978 implying that the satisfaction of the President is not beyond judicial
review.

 Financial Emergency

1) Grounds of declaration: Article 360 empowers the president to proclaim a

Financial Emergency if he is satisfied that a situation has arisen due to which the
financial stability or credit of India or any part of its territory is threatened.
2) Parliamentary approval and duration: A proclamation declaring financial
emergency must be approved by both the Houses of Parliament within two
months from the date of its issue.

 However, if the proclamation of Financial Emergency is issued at a time when

the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes
place during the period of two months without approving the proclamation,
then the proclamation survives until 30 days from the first sitting of the Lok
Sabha after its reconstitution, provided the Rajya Sabha has in the meantime
approved it.

 Once approved by both the houses of Parliament, the Financial

Emergency continues indefinitely till it is revoked.

 Effects of Financial Emergency

1) Extension of the executive authority of the Union over the financial matters of the
States.
2) Reduction of salaries and allowances of all or any class of persons serving in the
State.
3) Reservation of all money bills or other financial bills for the consideration of the
President after they are passed by the legislature of the State.
4) Direction from the President for the reduction of salaries and allowances of all or
any class of persons serving the Union; and the judges of the Supreme Court and
the High Courts.

 Criticism of the Emergency Provision

1) Some members of the Constituent Assembly criticised the incorporation of

emergency provisions in the constitution on the following grounds:

 The federal character of the constitution will be destroyed and the union will
become all-powerful
 The powers of the State- both the Union and the Units- will entirely be
concentrated in the hands of the union executive.
 The president will become a dictator
 The financial autonomy of the state will be nullified
 Fundamental rights will become meaningless and, as a result, the democratic
foundation of the constitution will be destroyed.’
2) While defending the emergency provisions in the Constituent Assembly, Dr
Ambedkar accepted the possibility of their misuse. He observed, ‘I do not
altogether deny that there is a possibility of the Articles being abused or employed
for political purposes.’

 As evident from the word “emergency”, it refers to the unexpected turn of events
that causes the public authorities to take instant actions within their boundary.
Human civil rights, except Articles 20 and 21 of the Indian Constitution, are removed
from the state or Nation during an emergency. Most of the emergencies are brought
about by breaking down administrative machinery.
 Dr B.R Ambedkar declared the Indian federal structure as special because of its
ability to become unitary when an administrative apparatus fails.
 The key idea behind legislative arrangements for emergencies was to safeguard the
region from autocracy paired with domestic chaos, wars, and foreign assaults. The
Black Law Dictionary describes that any emergency demands immediate
intervention and imminent warning, as such a condition is a threat to both people
and liberty within the region.
 Syllabus
 The framers of the Constitution faced a dilemma in deciding the extraordinary
arrangements under which the President may declare an emergency. The pre-
independence era of India is known for its instances of destructive
casteism, communalism, and religious tension.
 With the defeat of the Monarch of Kashmir, a state of conflict arose with Pakistan.
Junagarh and Hyderabad have shown reluctance towards their membership in the
Union of India. To mitigate the issue and to prevent the separatist action, the
Government of India devised Article 352.
 The post-Independent India was coming up with Socialist regimes, and the
communist activities of Telangana’s workers and farmers were spreading. Article
356 was introduced to ensure safety against extreme emergencies and protect
legislative processes.
 Article 360 was later added to the list by Dr B.R Ambedkar to cushion the country’s
financial position that was drastically falling along with foreign currency reserves
and branches.

 Important Events and Emergency Provisions in Indian Constitution

Emergency in the Indian Constitution can be differentiated as National Emergencies,

State Emergencies, and Financial Emergencies. Part XVIII of the Constitution contains
the emergency provisions in India.

o Article 352 demarcates the National Emergency: According to Article 352, the
President may declare an emergency when the region is under a state of attack,
external intrusion, or internal rebellion. Though such a declaration could only be
made in the presence of the legislative house and further supported by each
chamber, the emergency was withdrawn after a month of announcement.
The first emergency in the Nation was declared during the war with China, which lasted
between 1962 and 1968. After that, the most contentious emergency was declared due
to internal conflict by Smt. Indira Gandhi.

o State Emergency has been included in Article 356: Article 356 marks out that
the President can declare a state emergency on receipt of briefs by the Governor of
a particular state or by the President’s observation on degrading mechanisms of
the state. Thirty-five instances of President rule have been recorded under the rule
of Smt. Indira Gandhi.
o Financial Emergencies are in Article 360: The President can declare financial
emergencies if convincing evidence of an unstable economy and credibility is
encountered. Executive and legislative factors play a central role in declaring a
financial emergency. According to Article 360, a corresponding proclamation will
 be withheld during the entire emergency period. Financial emergency has never
been declared in India.
The 44th Amendment changed the picture of emergency provisions in the Indian
Constitution that restricted the executive’s unjust influence as previously done in 1975.
The “internal disturbance” is replaced by “armed rebellion.” It is also clearly stated that
direct communication between cabinets must occur to declare an emergency. Moreover,
the residents should be re-approved every six months to proceed with the emergency.
Finally, the state of emergency can be annulled by a simple majority of the Houses.
UNIT :- 10 VICE PRESIDENT/PRIME MINISTER
 VICE PRESIDENT:-

The post of Vice-President of India is modelled on the lines of American Vice-President.

In India, Vice-President has the second-highest office in the country. Article 63 of the
Indian Constitution mentions the post of Vice-President.

Muppavarapu Venkaiah Naidu is the current Vice President of India and the Chairman of
the Rajya Sabha. He is in office since 11 August 2017.

 How the Vice President is elected in India?

There is no direct election for the Vice-President of India however, he/she is indirectly
elected by an Electoral College. The election process is quite similar to that of
the President of India but the electoral college that elects President is different from the
electoral college responsible for the election of Vice-President of India.

The difference between the electoral college that elects President and the one electing
Vice-President of India is given below:

 In electoral college for Vice President, both elected and nominated members of both
the Houses of Parliament take part. In presidential elections, nominated members
are not a part of the electoral college.
 For Vice President’s elections, states have no role to play unlike in President’s
elections where state legislative assemblies’ elected members are a part of the
electoral college.
Note: The principle of election used in Vice President’s elections is ‘Proportional
Representation’ by means of a single transferable vote. (It is similar to that of
President’s.)

 Who can be a Vice President of India?

An Indian citizen can qualify for the post of Vice President if he is 35 years old or more.
Another qualification for a candidate to run for vice-presidential elections is to be
qualified to be elected as Rajya Sabha member. Read in detail about the Rajya Sabha on
the linked page. An office of profit cannot be held by the Vice President of India. The
qualifications of this post are on the same lines of Presidential qualifications.

 Who participates in Vice President election?

An electoral college comprising below-given categories of people elect the Vice
President. The mode of election hence is termed as ‘indirect election’. The principle of
election used is Proportional Representation by means of Single Transferrable Vote.

 Elected members of both Lok Sabha and Rajya Sabha. To know more about Lok
Sabha, visit the given link.
 Nominated members of both Lok Sabha and Rajya Sabha.

Note:

 There can be no more than 2 nominated members in Lok Sabha and 12 in Rajya
Sabha. (To know more on differences between Lok Sabha and Rajya Sabha,
aspirants may check the linked article.)
 State Legislative Assemblies in case of unilateral legislatures and State legislative
councils along with Assemblies in case of bilateral legislatures; don’t participate in
the election of Vice President

 Who is qualified to become Vice President of India?

An Indian Citizen who has completed 35 years of age is qualified to become the Vice-
President of India given, he is also qualified to be a Rajya Sabha member. However, he
should not be a member of either Lok Sabha or Rajya Sabha and if he is elected as Vice
President when he has a seat in either of the house, he is deemed to have vacated that
seat on his first day in the office. He also is not allowed to hold any office of profit under
union government, state government, public authority and local authority.

Note: The following people are also qualified to become the Vice President of India:

 Sitting President of India

 Sitting Vice President of India
 Governor of State
 MPs/MLAs

 What is the term of office of Vice President?

From the date, he enters his office, Vice President holds the position for five years.
However, he can resign before five years by handing over his resignation to the
President. The other ways where a vacancy is created in the office of Vice President are
given below:

 When he completes his term of five years

 When he resigns
 When he is removed
 On his death
 When his election is declared void
 Is Vice President also impeached as President of India?

No, unlike President of India who can be impeached formally; there is no formal
impeachment for Vice President. Rajya Sabha simply can pass a resolution with a
majority and Lok Sabha can pass it. Also, unlike President of India who can be
impeached on the ground of ‘Violation of Constitution,’ there is no ground mentioned in
the constitution for the removal of Vice President of India.

Note: Supreme Court decides election disputes related to the office of Vice President.

 Powers and Functions of Vice President

The functions of Vice-President are two-fold:

1) He acts as the ex-officio Chairman of Rajya Sabha. In this capacity, his powers
and functions are similar to those of the Speaker of Lok Sabha. In this respect, he
resembles the American vice-president, who also acts as the Chairman of the
Senate – the Upper House of the American legislature.
2) He acts as President when a vacancy occurs in the office of the President due to his
resignation, removal, death or otherwise. He can act as President only for a
maximum period of six months, within which a new President has to be elected.
Further, when the sitting President is unable to discharge his functions due to
absence, illness or any other cause, the Vice-President discharges his functions
until the President resumes his office.
3) The election of a person as Vice-President cannot be challenged on the ground that
the electoral college was incomplete (i.e., existence of any vacancy among the
members of the electoral college).
4) If the election of a person as Vice-President is declared void by the Supreme Court,
acts done by him before the date of such declaration of the Supreme Court are not
invalidated (i.e., they continue to remain in force).
Note:

While acting as President or discharging the functions of President, the Vice-President

does not perform the duties of the office of the chairman of Rajya Sabha. During this
period, those duties are performed by the Deputy Chairman of Rajya Sabha.

 Vice Presidents [Article 63 – Article 71]

Article 63 to Article 71 of the Indian Constitution deals with the election, qualification,
and removal of Vice Presidents of India. The table below highlights these Articles in gist.
Vice Presidents of India [Article 63 to Article 71]

Article There shall be a Vice President of India

63

Article The Vice-President shall be ex-officio Chairman of the Council of States and shall not hold any
64 other office of profit

Article The Vice-President to act as President or to discharge his functions during casual vacancies in the
65 office, or during the absence, of President

Article The Vice-President shall be elected by the members of an electoral college consisting of the
66 members of both Houses of Parliament. The Vice-President shall not be a member of either House
of Parliament or of a House of the Legislature of any State.

Article The Vice-President shall hold office for a term of five years from the date of his appointment.
67

Article An election to fill a vacancy created because of the completion of the term of office of Vice-
68 President shall be completed before the expiry of the term.

The election to fill a vacancy created because of the death, resignation or removal of Vice-
President shall be held as soon as possible.
Article Every Vice-President shall make an Oath or Affirmation on entering upon his office before the
69 President, or some person appointed in that behalf by him
Article Discharge of President’s functions in other contingencies
70
Article Matters relating to, or connected with, the election of a president or vice-president
71

OR

 Introduction
The Vice-President of India is the second highest constitutional office in India. Article
63 of the Constitution of India, 1950 (COI) states that there shall be a Vice-President
of India.

 Ex - Officio Chairman of the Council of States

 Article 64 of the COI states that the Vice-President shall be ex officio Chairman of the
Council of the States and shall not hold any other office of profit.
 Provided that during any period when the Vice-President acts as President or
discharges the functions of the President under Article 65 of COI, he shall not
perform the duties of the office of Chairman of the Council of States and shall not be
 entitled to any salary or allowance payable to the Chairman of the Council of States
under Article 97 of COI.

 Qualification for the Office of Vice-President

 Clause (3) of Article 66 of the COI lays down that a person to be eligible for the office
of Vice President, must possess the following qualification:
o Should be a citizen of India.
o Should have completed 35 years of age.
o Should be qualified for election as a member of the Rajya Sabha.
o Should not hold any office of profit under the Union government or any state
government or any local authority or any other public authority.

 Election of the Vice-President

 As per Article 66 of the COI, the Vice-President is elected by the members of the
Electoral College.
 Electoral College consists of:
o Elected members of Rajya Sabha
o Nominated members of Rajya Sabha
o Elected members of Lok Sabha

 Oath by the Vice-President

 As per Article 69 of the COI, every Vice-President shall, before entering upon his office,
make and subscribe before the President, or some person appointed in that behalf by
him, an oath or affirmation.

 Term of the Office of the Vice-President

 As per Article 67 of the COI, the Vice-President shall hold office for a term of five
years from the date on which he enters upon his office.
 He shall continue in his office even after the expiration of his term until his successor
enters upon his office.

 Resignation of the Vice-President

 As per Article 67 of the COI, the Vice-President may, by writing under his hand
addressed to the President, resign his office.

 Removal of the Vice-President

 A Vice-President may be removed from his office by a resolution of the Council of
States passed by a majority of all the then members of the Council and agreed to by
the House of the People; but no resolution for the purpose of this clause shall be moved
unless at least fourteen days' notice has been given of the intention to move the
resolution.

 Act as the President

 As per Article 65 of the COI, the Vice-President to act as President or to discharge his
functions during casual vacancies in the office, or during the absence, of President.
 In the event of the occurrence of any vacancy in the office of the President by reason of
his death, resignation or removal, or otherwise, the Vice-President shall act as
President until the date on which a new President elected in accordance with the
provisions of this Chapter to fill such vacancy enters upon his office.
 When the President is unable to discharge his functions owing to absence, illness or
any other cause, the Vice-President shall discharge his functions until the date on which
the President resumes his duties.
 The Vice-President shall, during, and in respect of, the period while he is so acting as, or
discharging the functions of, President, have all the powers and immunities of the
President and be entitled to such emoluments, allowances and privileges as may be
determined by Parliament by law and, until provision in that behalf is so made, such
emoluments, allowances and privileges as are specified in the Second Schedule.

 PRIME MINISTER:-

In the realm of governance, the Prime Minister and the Council of Ministers hold pivotal
roles in steering a country's course. The Prime Minister is typically the leader of the
ruling party. He leads the government and shapes policy decisions. He is supported by
the Council of Ministers. They collectively plan and execute laws, policies, and
administrative functions. This dynamic interplay of leadership and collaboration forms
the backbone of a nation's executive machinery, influencing its direction and progress.

 Who is a Prime Minister?

A Prime Minister is the head of the Council of Ministers in a parliamentary system of

government. In India, the Prime Minister is appointed by the President and is the leader
of the political party that has the majority in the Lok Sabha. The Prime Minister holds
the highest executive position in the country. He leads the government, making policy
decisions, and implementing laws and programs. The Prime Minister represents the
country on national and international platforms. He plays a crucial role in the
governance and administration of the nation.

 Appointment of the Prime Minister

 The president appoints the leader of the majority party in the Lok Sabha as the
Prime Minister according to parliamentary conventions.
 There is no particular procedure for the selection and appointment of the Prime
Minister.
 Under Article 75, the Prime Minister should be appointed by the president.

 Powers and functions of the Prime Minister

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

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

 Prime Ministerial Post Eligibility

 He must be a citizen of India.

 He must be a member of either the Rajya Sabha or the Lok Sabha at the time of
taking the oath or be a member of either House within six months of
appointment.
 He must be 30 years old if he is a member of the Rajya Sabha, but he could be 25
if he is a member of the Lok Sabha.

 Position of the Prime Minister

Right from the days of the first Prime Minister Pandit Jawaharlal Nehru, the Prime
Minister is treated at a much higher pedestal. His preeminence rests on his commanding
position in the Cabinet, coupled with fact that he is the leader of the majority party.

All these positions of power when combined in one person make him rank much above
an ordinary Minister. The death or resignation of the Prime Minister automatically
brings about the dissolution of the Council of Ministers. It generates a vacuum. The
demise, resignation or dismissal of a Minister creates only a vacancy which the Prime
Minister may or may not like to fill. The Government cannot function without a Prime
Minister but the absence of a Minister can be easily compensated.
  Important articles related to the Prime minister of India and President

Articles related to the Prime minister of India and President

Article Description
Article 74 Deals with the Council of Ministers' power to aid and advise the president. This advice is not
subject to court review.
Article 75 o The Prime Minister is appointed by the president.
o Other ministers are appointed by the president on the Prime Minister's advice.
o Ministers serve at the president's pleasure.
o Ministers are individually responsible to the president and collectively responsible to
Lok Sabha.

Article 77 o Executive actions on behalf of the President.

o The President formulates rules for the government.

Article 78 o Prime Minister's duties: communication link between Council of Ministers and
President.
o Advises president on appointments.

 Important Facts about Indian Prime Ministers

Longest-Serving Indian Prime Minister Jawaharlal Nehru (1947 –

1964)

Second Longest-Serving Indian Prime Minister Indira Gandhi

Acting Prime Minister Twice Gulzari Lal Nanda

The first woman Prime Minister to receive the Bharat Ratna Indira Gandhi

First Non-Congress Prime Minister of India Morarji Desai

Indian Prime Minister received Pakistan’s highest civilian award Morarji Desai

Youngest Indian Prime Minister Rajiv Gandhi

First Prime Minister from South India P.V. Narasimha Rao

First Prime Minister of India who was a member of the Rajya Sabha Indira Gandhi

Second person to be elected as PM for the third time after Nehru Narendra Modi
 Council of Ministers

Which articles in the Constitution deal with the Council of Ministers?

Two articles – Article 74 and Article 75 of the Indian Constitution deal with the Council
of Ministers. Where article 74 mentions that the council will be headed by the Prime
Minister of India and will aid and advise the President, article 75 mentions the following
things:

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

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

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

Yes, the advice is binding on the President and this provision was introduced by the
42nd Amendment Act 1976 and 44th Amendment Act 1978. The acts also mentioned
that the advice given by the council cannot be inquired into by any court. Read about the
42nd Amendment Act and the 44th Amendment Act in the linked articles given below:

 42nd Amendment Act

 44th Amendment Act

 Collective Responsibility of the Council of Ministers

In England, the Cabinet system is based on conventions. The framers of our Constitution
considered it fit to incorporate the system in the Constitution. The principle of collective
responsibility finds a place in Art. 75(3) where it is stated that the Council of Ministers
shall be collectively responsible to the Lok Sabha. In other words, this provision means
that a Ministry which loses confidence in the Lok Sabha is obliged to resign. The loss of
confidence is expressed by rejecting a Money Bill or Finance Bill or any other important
policy measure or by passing a motion of no-confidence or rejecting a motion
expressing confidence in the Ministry. When a Ministry loses the confidence of the Lok
Sabha the whole of the Ministry has to resign including those Ministers who are from
the Rajya Sabha. The Ministers fall and stand together. In certain cases, the Ministry may
advise the President to dissolve Lok Sabha and call for fresh elections.

 Types of Ministers

The Indian Constitution does not categorize ministers into ranks, however, in practice
seen in India, ministers are of four types:

1. Cabinet Ministers—He is present and he participates in every meeting of the

Cabinet.
2. Minister of State with independent charge—He is a Minister of State who does
not work under a Cabinet Minister. When any matter concerning his Department is
on the agenda of the Cabinet, he is invited to attend the meeting.
3. Minister of State—He is a Minister who does not have independent charge of any
Department and works under a Cabinet Minister. The work to such Minister is
allotted by his Cabinet Minister.
4. Deputy Minister—He is a Minister who works under a Cabinet Minister or a
Minister of State with independent charge. His work is allotted by the Minister under
whom he is working.
 UNIT:-11 ATTORNEY/ADVOCATE GENERAL
 ATTORNEY:-

Article 76 of the Indian Constitution under its Part-V deals with the position of Attorney
General of India.

16th Attorney GeneralR. VenkataramaniOctober 1, 2022 – till date

16th Attorney GeneralR. Venkataramani1st October 2022 till date

Attorney General of India Name of the Attorney General Tenure

1st Attorney General M.C. Setalvad 28 January 1950 – 1 March 1963

2nd Attorney General C.K. Daftari 2 March 1963 – 30 October 1968

3rd Attorney General Niren de 1 November 1968 – 31 March 1977

4th Attorney General S.V. Gupte 1 April 1977 – 8 August 1979

5th Attorney General L.N. Sinha 9 August 1979 – 8 August 1983

6th Attorney General K. Parasaran 9 August 1983 – 8 December 1989

7th Attorney General Soli Sorabjee 9 December 1989 – 2 December 1990

8th Attorney General J. Ramaswamy 3 December 1990 – November 23 1992

9th Attorney General Milon K. Banerji 21 November 1992 – 8 July 1996

10th Attorney General Ashok Desai 9 July 1996 – 6 April 1998

11th Attorney General Soli Sorabjee 7 April 1998 – 4 June 2004

12th Attorney General Milon K. Banerjee 5 June 2004 – 7 June 2009

13th Attorney General Goolam Essaji Vahanvati 8 June 2009 – 11 June 2014

14th Attorney General Mukul Rohatgi 12 June 2014 – 30 June 2017

15th Attorney General K.K. Venugopal 30 June 2017 – September 22, 2022
The above-given data shows that the first Attorney General of India, M.C.Setalvad
worked at his post for the longest term, i.e. for 13 years and Soli Sorabjee worked as the
Attorney General was the shortest period of time. However, he was appointed for the
post twice.

 Who is Attorney General of India?

Article 76 of the constitution mentions that he/she is the highest law officer of India. As
a chief legal advisor to the government of India, he advises the union government on all
legal matters.

He also is the primary lawyer representing Union Government in the Supreme Court of
India. The Attorney General, like an Advocate General of a State, is not supposed to be a
political appointee, in spirit, but this is not the case in practice.

 Who appoints Attorney General of India?

President of India appoints a person who is qualified for the post of Supreme
Court Judge. Attorney General is appointed by the President on the advice of the
government.There are the following qualifications:

 He should be an Indian Citizen

 He must have either completed 5 years in High Court of any Indian state as a judge
or 10 years in High Court as an advocate
 He may be an eminent jurist too, in the eye of the President

 What is the term of Attorney General’s office?

There is no fixed term for the Attorney General of India. The Constitution mentions no
specified tenure of Attorney General. Similarly, the Constitution also does not mention
the procedure and ground of his removal.

You may know the following facts about his office:

 He can be removed by the President at any time

 He can quit by submitting his resignation only to the President
 Since he is appointed by the President on the advice of the Council of Ministers,
conventionally he is removed when the council is dissolved or replaced
 What is the role of Attorney General of India?

Being the Chief Law Officer of the country, the Attorney General of India has to perform the
following duties:

1) Whichever legal matters are referred to him by the President, he advises the Union
government upon the same.
2) President keeps on referring him legal matters that suits his interest and Attorney
General has to advise on those too
3) Apart from what President refers, he also performs the duties mentioned in the
Constitution
4) The three duties that are assigned to him by the President are:

 In any legal case where the government of India is related to, the Attorney General
has to appear in the Supreme Court on its behalf
 He has to represent the Union Government in any reference made by the president
to the Supreme Court under Article 143 of the Constitution
 He also appears in the High Court if any case is related to the Government of India.

 What are the limitations on the Attorney General?

To avoid conflict of duty, there are a few limitations that are posted on the Attorney General
which he should keep in mind while performing his duties:

1) He should not advise or hold a brief against the Government of India

2) He should not advise or hold a brief in cases in which he is called upon to advise or
appear for the Government of India
3) He should not defend accused persons in criminal prosecutions without the permission
of the Government of India
4) He should not accept appointment as a director in any company or corporation without
the permission of the Government of India
Facts about Attorney

1) The Attorney General (AG) of India is a part of the Union Executive. He is the highest law
officer in the country. He can be part of any court in the Indian Territory.
2) He got the right to speak and to take part in the proceedings of both the Houses of
Parliament (Read about the difference between Lok Sabha and Rajya Sabha here) or
their joint sitting and any committee of the Parliament of which he may be named a
member
3) He has no right to vote when he participates in the proceedings of the Indian Parliament
4) Similar to Member of Parliament, he also enjoys all powers related to immunities and
privileges
5) He is not considered as a government servant
6) He can practise privately too as he is not debarred from private legal practice
7) The Attorney General has the right to speak and to take part in the proceedings of both
the Houses of Parliament or their joint sitting and any committee of the Parliament of
which s/he may be named a member but without a right to vote.
 ADVOCATE GENERAL:-

Article 165 of the Indian Constitution is related to the office of Advocate General of
State. He is the highest law officer of the state.

 Definition of Advocate General of State

The highest law officer of the states in India is called the Advocate General of State.

Some important points about the Advocate General of State in India, for UPSC, are:

 In the Order of Precedence, Additional Solicitor General is above the Advocate

General of State.
 The right to be eligible for the post of Advocate General of State is conferred to only
the Indian citizens, and foreigners are not eligible to hold this public office.
 He has full right to appear in any court of the state.
 He cannot vote in any proceedings of the houses of the state legislature or any
committee initiated by the state legislature. He though has a right to speak and be a
part of such proceedings.

 Appointment of Advocate General of State

Who appoints the Advocate General of State?

The governor appoints the advocate general of state on the advice of the council of
ministers of the state.. The person who is eligible to hold the office of advocate general
in India must meet the following criteria:

1) He must be an Indian Citizen

2) He should be eligible to be appointed as the judge of the High Court; i.e. he must
meet one of the following eligibility criteria:

 A barrister having experience of more than 5 years.

 A civil servant with an experience of more than 10 years along with an
experience as a servant in Zila Court for at least 3 years.
 A pleader over 10 years in any high court

3) He shouldn’t be more than 62 years of age, as is the age qualification for a High Court
Judge.

 Term and Removal of Advocate General of State

 The Constitution does not fix the term of Advocate General in India. He remains
in the office during the pleasure of the Governor.
 The Constitution does not contain the procedure and grounds to remove the
Advocate General of State. Governor can remove him/her at any point in time.
 Resignation of Advocate General – He can resign from the public office by
submitting the resignation letter to the state governor.
 Conventionally, when a council of ministers of a state government resigns, the
advocate general of state too puts down his papers.

 Functions of Advocate General of State

The major duties and functions of the Advocate General of State are mentioned below:

 He is responsible to advise the state government on the legal matters that the
governor refers to him.
 He also has to perform all the duties legal characteristics as are assigned to him by
the state governor.
 He is bound by the Constitution for such duties and functions as is mentioned
therein or any other constitutional law.

 Salary of Advocate General of State

The remuneration received by the Advocate General of State is not fixed by the Indian
Constitution. It varies according to the states. State governor determines the salary of
the advocate general in India.

Some current updates regarding the salary of Advocate General of States

(November 2020):

 The salary of law officers in Punjab has been increased by the state government:

o Junior Most Law Officer/Assistant Advocate General – Rs. 55000/month

o Deputy Advocate General and Senior Deputy Advocate General – Rs.
90000/month
o Establishment officers – Rs. 40000/month
o Advocate General – Estimated to be Rs. 1.25 lakh/month
Note: There can be junior, deputy, and senior advocates general in an office of the state
advocate general.

 Difference between Advocate General and the Attorney General of India

Article 76 of the Indian Constitution deals with the Attorney General of India, while
Article 165 deals with the office of Advocate General of India.
The office of Advocate General of State corresponds with the office of Attorney General
of India as the former is the chief law officer of the state and the latter is the highest law
officer of India.

Legal matters of the state are referred to the Advocate General while the legal matters of
the union or the central government are referred to the Attorney General of India.

 Remember the Constitution Articles Related to Advocate General

The list of articles related to the office of Advocate General of State are mentioned in the
table below:

Articles Details

Article 165 Office of Advocate General of State

Article 177 Rights of Advocate General of State w.r.t the state legislature and its proceedings

Article 194 Powers, privileges and immunities of Advocate General

 List of Advocate General of State

The list of state-wise advocate general in India is given below:

State Advocate General

Andhra Pradesh Subrahmanyam Sriram

Arunachal Pradesh Nilay Ananda Dutta*

Assam Devajit Lon Saikia

Bihar Lalit Kishore

Chhattisgarh Satish Chandra Verma

Goa Devidas Pangam

Gujarat Kamal Trivedi

Haryana Baldev Raj Mahajan

Himachal Pradesh Ashok Sharma

Jharkhand Rajiv Ranjan

Karnataka Prabhuling K. Navadagi

Kerala K Gopala Krishna Kurup

Madhya Pradesh Prashant Singh

Maharashtra Ashutosh Kumbhakoni

Manipur Lenin Singh Hijam

Meghalaya Amit Kumar

Mizoram Diganta Das

Nagaland K. N. Balagopal

Odisha Ashok Parija

Punjab Vinod Ghai

Rajasthan Narpat Mal Lodha

Sikkim Vivek Kohli

Tamil Nadu Thiru R.Shunmugasundaram

Telangana B. S. Prasad

Tripura Siddhartha Shankar Dey

Uttar Pradesh Ajay Kumar Mishra

Uttarakhand S. N. Babulkar

West Bengal Advocate SN Mookherjee

*The Advocate General post for Arunachal Pradesh is vacant ever since Nilay Ananda
Dutta passed away on September 19, 2021.
UNIT:-12 STATE GOVERNMENT
The Governor

1) The Governor is the De Jure executive head at the state level. His
position is analogous to that of the President at the center.
2) The Governor is appointed by the president.
3) To be appointed as the Governor of any state or two or more states as a
person
(a) Should be a citizen of India.
(b) And should have attained 35 years of age.

4) He should not hold any office of profit as well.

5) Like the President, the governor is also entitled to a number of
immunities and privileges. During his term of office, he is immune from
any criminal proceedings, even in respect of his personal acts.
6) The oath - is administered by the chief justice of the corresponding
state high court and in case he’s absent, the senior-most judge of that
particular court.
7) A governor holds office for a term of five years from the date on which
he enters upon his office. He holds office until the pleasure of the
President and he offers his resignation to the President.
8) All executive actions of the government of a state are formally taken in
his name. He appoints the chief minister and other ministers. They also
hold office during his pleasure.
9) He appoints the advocate general of a state and determines his
remuneration. The advocate general holds office during the pleasure of
the governor.
10) He appoints the state election commissioner. However, the state
election commissioner can be removed only in the like manner and on
the like grounds as a judge of a high court.
11) He appoints the chairman and members of the state public service
commission. However, they can be removed only by the president and
not by a governor.
12) A governor is an integral part of the state legislature. He can summon
or prorogue the state legislature and dissolve the state legislative
assembly.
13) He nominates one-sixth of the members of the state legislative council.
14) He can nominate one member to the state legislative assembly from
the Anglo-Indian Community.
15) The Governor can withhold the assent to bills, return the bills for
reconsideration (if they’re not money bills), and even reserve the bills for
 consideration by the President. (He can even reserve a money bill for
consideration by the President).
16) He can promulgate ordinances when the state legislature is not in
session. The ordinances must be approved by the state legislature
within six weeks from its reassembly. He can also withdraw an
ordinance anytime (Article 213).
17) Money bills can be introduced in the state legislature only with his prior
recommendation.
18) He can grant pardons, reprieves, respites, and remissions of
punishment or suspend, remit and commute the sentence of any
person convicted of any offense against any law relating to a matter to
which the executive power of the state extends (Article 161).
19) He is consulted by the president while appointing the judges of the
concerned state high court.

Important Articles pertaining to the office of Governor

 153 - Governors of states

 154 - Executive power of the state
 155 - Appointment of Governor
 156 - Term of office of Governor
 157 - Qualifications for the appointment as the Governor
 158 - Conditions of the Governor’s office
 159 – Governor’s Oath or Affirmation
 161 - Power of the Governor to grant pardons and others
 163 – Aid and Advice by the Council of Ministers to the Governor
 165 - Advocate-General for the state
 200 - Assent to bills (i.e. assent of the Governor to the bills passed by the state
legislature)
 201 - Bills reserved by the Governor for consideration of the President
 213 – Governor’s power to promulgate ordinances
 217 – Consultation of Governor by the President in the matter of the
appointments of the judges of the High Courts

Chief Minister and State Council of Ministers

1) Chief Minister is the real executive authority (de facto executive). He is the
head of the government.
2) The total strength of the number of ministers, including the C.M, in the
state’s CoM should not exceed 15 percent of the total strength of the
legislative assembly of that state. However, the number of ministers,
including the C.M, in a state should also not be less than 12. This provision
was added by the 91st Amendment Act of 2003.
 3) A member of either House of state legislature belonging to any political
party who is disqualified on the ground of defection shall also be
disqualified to be appointed as a minister. The provision was also added by
the 91st Amendment Act of 2003.

The State Legislature

Organization of the State Legislature

1) Most of the states in India have a Unicameral Legislature. Seven States have
Bicameral Legislature, that is-Telangana, Andhra Pradesh, Maharashtra,
Bihar, U.P, J&K and Karnataka.
2) The Legislative Council (Vidhan Parishad) is the upper house (second
chamber or house of elders), while the Legislative Assembly (Vidhan
Sabha) is the lower house (first chamber or popular house). Delhi and
Puducherry are the only two UTs that have a Legislative Assembly.

Composition of the State Legislature

1) The legislative assembly consists of representatives directly elected by the

people on the basis of universal adult franchise. Its maximum strength is
fixed at 500 and minimum strength at 60 depending on the population size
of the state. However, in the case of Sikkim it is 32; and Goa and Mizoram it’s
40.
2) The members of the legislative council are indirectly elected. The maximum
strength of the legislative council is fixed at 1/3rd of the total strength of the
corresponding assembly and the minimum strength is fixed at 40. But an
exception being Jammu and Kashmir having 36 members.
3) Manner of Election Of the total number of members of a legislative
council:
o 1/3 are elected by the members of local bodies in the state such as
municipalities etc.,
o 1/12 are elected by graduates of three years standing and residing
within the state,
o 1/12 are elected by teachers of three years standing in the state, not lower
in standard than secondary school,
o 1/3 are elected by the members of the legislative assembly of the state
from amongst persons who are not members of the assembly, and
o The remainder are nominated by the governor from amongst the
persons who have special knowledge or practical experience of
literature, science, art, cooperative movement, and social service.
 o Thus, 5/6 of the total number of members of a legislative council is indirectly
elected and 1/6 are nominated by the governor. The members are elected in
accordance with the system of proportional representation by means of a
single transferable vote.

Duration of the two Houses

1) Analogous to the Lok Sabha, the legislative assembly is also not a

permanent chamber. The term of the assembly is five years from the date
of its first meeting after the general elections.
2) Analogous to the Rajya Sabha, the legislative council is a continuing
chamber, that is, it is a permanent body and is not subject to
dissolution. But, one-third of its members retire on the expiration of every
second year.

Membership of the State Legislature

1) The Constitution lays down the following qualifications for a person to

be chosen as a member of the State legislature.
(a) Citizen of India.
(b) He must be not less than 30 years of age in the case of the legislative
council and not less than 25 years of age in the case of the legislative
assembly.

2) He should not have been found guilty as per the provisions of RPA, 1951.
In defection case also a member is liable to be disqualified as per the
Anti-Defection Act (10th Schedule).
3) Also, he should not be of unsound mind, he should not hold any office
of profit; he isn’t declared an un-discharged insolvent etc.

Presiding Officers of State Legislature

1) Each House of the state legislature has its own presiding officer. There
is a Speaker and a Deputy Speaker for the legislative assembly and
Chairman and a Deputy Chairman for the legislative council. A panel of
chairmen for the assembly and a panel of vice-chairmen for the council
are also appointed.
2) The Speaker is elected by the assembly itself from amongst its
members.
3) Like the Speaker, the Deputy Speaker is also elected by the assembly
itself from amongst its members. He is elected after the election of the
Speaker has taken place.
4) The Chairman is elected by the council itself from amongst its
members.
 5) The Speaker decides whether a bill is a Money Bill or not and his
decision on this question is final.

Important points related to the State Legislature

1) The maximum gap between the two sessions of the state legislature
cannot be more than six months, that is, the state legislature should
meet at least twice a year.
2) Quorum is the minimum number of members required to be present
in the House before it can transact any business. Either its 10 or 1/10th of
the total number of members in that particular House (including the
presiding officer).
3) In addition to the members of a House, every minister and the
advocate general of the state have the right to speak and take part in
the proceedings of either House or any of its committees of which he is
named a member, but Advocate General can’t vote.
4) A Money Bill cannot be introduced in the legislative council. It can be
introduced in the legislative assembly only and that too on the
recommendation of the governor. Every such bill is considered to be a
government bill and can be introduced only by a minister.
 UNIT:-13 LOKSABHA/RAJYA SABHA
Indian Parliament consists of Lok Sabha, Rajya Sabha and the President of India. Lok
Sabha is the lower house of the parliament and is termed as the popular chamber of the
Indian Parliament.

 What is Lok Sabha and who are Lok Sabha members?

Indian Parliament is bicameral in nature i.e. that it has two houses. Lok Sabha is one of
those two houses. The other house is the Rajya Sabha. (You may check the differences
between Lok Sabha and Rajya Sabha in the linked article.) Lok Sabha is the first
chamber of the parliament and represents the people of India as a whole. The members
elected by universal adult suffrage are part of Lok Sabha.

Composition of Lok Sabha:

Composition of Lok Sabha

Maximum Strength – 552 530 represent the States

20 are the representatives of Union Territories

2 are nominated from the President from Anglo-Indian Community

Current Strength – 542 530 represent States

20 represent Union Territories

2 are nominated from the President from Anglo-Indian Community

Note: After coming into effect of The Constitution (One Hundred and Fourth
Amendment) Act, 2019, the provision of special representation of the Anglo-Indian
community in the House of the People by nomination has not been extended further.

 Lok Sabha Elections

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

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

 Representation of Union Territories in Lok Sabha:

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

 Representation of Nominated Members in Lok Sabha:

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

adequately represented.

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

Facts about Lok Sabha elections

 1st Lok Sabha Election took place in 1952. There were 489 seats elected. Congress
won 364 out of 489 seats. Jawaharlal Nehru became the first Prime Minister.
 2019 Lok Sabha elections were country’s 17th General Elections. Elections took
place for 552 seats. BJP won 303 seats out of 552. Narendra Modi is the Prime
Minister.
 In 1952, only 22 women were elected while in 2014, 49 women candidates were
elected.
 Elections to Lok Sabha are carried out using a first-past-the-post electoral system.

 Who is Lok Sabha Speaker?

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

Facts about Lok Sabha Speaker:

  1st Lok Sabha Speaker – Ganesh Vasudev Mavalankar (1952-1956) (died in the
office)
 Ananthasayanam Ayyanagar was elected as Lok Sabha Speaker in 1956 who worked
till 1957
 After 16th Lok Sabha elections, Ms Sumitra Mahajan was elected as the Lok Sabha
speaker
 Following 17th Lok Sabha elections (2019 General Elections), Om Birla is the
speaker of Lok Sabha. (To read more on the Lok Sabha Speaker, check the linked
article.)

 Lok Sabha Constituencies

There are 543 constituencies in India that take part in the Lok Sabha elections. There
are various doubts related to Lok Sabha constituencies which strike an aspirants’ mind.
Below-given are answers to a few questions related to Lok Sabha constituencies which
you may know for UPSC Prelims:

Which is the largest constituency (area-wise)? Ladakh (1,73,266.37 sq.km)

Which is the smallest constituency (area-wise)? Chandni Chowk (10.59 sq.km)

Which is the largest constituency (electors-wise) Malkajgiri (29,53,915)

Which is the smallest constituency (electors-wise) Lakshadweep (47,972)

 Lok Sabha and important articles of the Indian Constitution

The following are important articles of the Indian Constitution in relation to Lok Sabha:

Articles Provision

Article 326 (Part Elections to Lok Sabha shall be on the basis of adult suffrage
XV)

Article 83 (2) Lok Sabha will continue for 5 years, unless sooner dissolved, from the date appointed
for its first meeting and no longer and the expiration of the said period of five years
shall operate as a dissolution of the House

Article 75 Council of Ministers are collectively responsible to Lok Sabha

Article 324 Power, superintendence of Election Commission w.r.t. Lok Sabha elections and more
  What are the important amendments acts related to Lok Sabha?

The following table provides the list of important amendment acts and their relationship
with Lok Sabha:

Amendment Act Amended Provisions w.r.t. Lok Sabha

2nd Amendment Act, Readjusted the scale of representation in the Lok Sabha
1952

23rd Amendment Act, Extended the reservation of seats for the SCs and STs, and special representation for
1969 the Anglo-Indians in the Lok Sabha for a further period of ten years (i.e., up to 1980)

31st Amendment Act, Increased the number of Lok Sabha seats from 525 to 545
1972

41st Amendment Act,  Froze the seats in the Lok Sabha and state legislative assemblies on the basis
1976 of 1971 census till 2001
 Raised the tenure of Lok Sabha and state legislative assemblies from 5 to 6
years
44th Amendment Act,  Restored the original term of the Lok Sabha and the state legislative
1978 assemblies (i.e., 5 years)
 Omitted the provisions which took away the power of the court to decide the
election disputes of the Lok Sabha Speaker
45th Amendment Act, Extended the reservation of seats for the SCs and STs and special representation for
1980 the Anglo-Indians in the Lok Sabha
51st Amendment Act, Provided for reservation of seats in the Lok Sabha for STs in Meghalaya, Arunachal
1984 Pradesh, Nagaland and Mizoram
61st Amendment Act, Reduced the voting age from 21 years to 18 years for the Lok Sabha
1989
62nd Amendment Act, Extended the reservation of seats for the SCs and STs and special representation for
1989 the Anglo-Indians in the Lok Sabha
79th Amendment Act, Extended the reservation of seats for the SCs and STs and special representation for
1999 the Anglo-Indians in the Lok Sabha
84th Amendment Act, Extended the ban on the readjustment of seats in the Lok Sabha for another 25 years
2001 (i.e., up to 2026) with the same objective of encouraging population limiting
measures
91st Amendment Act, Article 75(1A): The total number of ministers, including the Prime Minister, in the
2003 Central Council of Ministers, shall not exceed 15% of the total strength of the Lok
Sabha
95th Amendment Act, Article 334: Extended the reservation of seats for the SCs and STs and special
2009 representation for the Anglo-Indians in the Lok Sabha for a further period of ten
years i.e., up to 2020
 Indian Parliament consists of Lok Sabha, Rajya Sabha and the President of India. Rajya Sabha is
the upper house of the parliament and is termed as House of Elders in Indian Parliament.

 Rajya Sabha – Rajya Sabha Members

Indian Parliament is bicameral in nature i.e. that it has two houses. Rajya Sabha is one of those
two houses, i.e. the upper house of the Parliament. The other house is the Lok Sabha (Lower
House of the Parliament.) (You may check the differences between Lok Sabha and Rajya
Sabha in the linked article.) Rajya Sabha is the second chamber of the parliament and represents
the states and union territories of the nation. It is empowered to protect the interests of the
states and union territories if there is an interference by the centre in their work.

Composition of Rajya Sabha:

Composition of Rajya Sabha

Maximum Strength – 250 238 represent States & Union Territories

12 are nominated by the president

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

8 members represent the union territories

12 members are nominated by the president

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

 How are the Rajya Sabha members elected?

Rajya Sabha Members are elected by the elected members of state legislative assemblies using a
method of proportional representation.

Note: Representation of States in Rajya Sabha is not equal. It depends on its population. State
with a larger population will have more number of seats in Rajya Sabha than those with a lesser
population.
 Rajya Sabha Elections

There are three types of representation in Rajya Sabha :

 Representation of States in Rajya Sabha:

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

o Election Principle used – Proportional Representation by means of Single Transferable
Vote
o The population of the state is a factor that decides the representation of states in Rajya
Sabha
 Representation of Union Territories in Rajya Sabha:

o Members of Rajya Sabha belonging to Union Territories are indirectly elected by

members of an electoral college, that is constituted for this purpose
o Election Principle used – Proportional Representation by means of Single Transferable
Vote
Note: Out of 8 union territories, Delhi, Puducherry and Jammu and Kashmir have representation
in Rajya Sabha.

 Representation of Nominated Members in Rajya Sabha:

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

o Art
o Literature
o Science
o Social Service
Facts related to Rajya Sabha elections :-

Two changes were made to Rajya Sabha election in 2003:

 To be elected as a Rajya Sabha member from a particular state, the requirement to be an

elector from that state was removed.
 System of the open ballot was introduced in place of secret ballot system.

 Can Rajya Sabha get dissolved?

Rajya Sabha is a permanent body and also called a ‘continuing chamber.’ Unlike Lok Sabha
which usually runs for 5 years and the fresh elections are taken up, Rajya Sabha has no specific
tenure and it keeps on running. Therefore, it is never dissolved.

Note:
  Every second year, one-third of its members retire. For the vacant seats, fresh elections take
place. However, nominations are taken up at the beginning of the third year.
 Representation of the People Act, 1951 authorizes the President to make provisions to
govern the order of retirement of the members of the Rajya Sabha.

 Who is Rajya Sabha Chairman & Deputy Chairman?

Indian Vice-President is an ex-officio chairman of Rajya Sabha, while the deputy chairman
of Rajya Sabha is one who is elected from amongst Rajya Sabha members. The details on Rajya
Sabha Chairman and Deputy Chairman are given in the table below:

Details Rajya Sabha Chairman Rajya Sabha Deputy Chairman

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

 Seat of chairman falls vacant

 When Chairman/Vice-President has
to act as President
 When Chairman is absent from the
sitting
Note: In all three cases, Deputy Chairman of
Rajya Sabha has all the powers of Chairman
of Rajya Sabha
Removal He can be removed as the chairman of Rajya Sabha He can be removed by a resolution passed by
only when he is removed from the seat of Vice- a majority of all the members of the Rajya
President of India Sabha
Note: While the resolution is moved, he can’t Note: The resolution to remove him can be
preside the house as chairman, though he can be a moved only after giving 14 days’ advance
part of the house, speak in the house notice
Is he a member No Yes
of the house?
Can he vote in He cannot vote in the first instance When he presides as the chairman, he too
the house? Note: He can vote in the case of an equality of cannot vote in the first instance but can
votes exercise casting vote in case of a tie
Note: When Chairman is present in the
house, Deputy Chairman is an ordinary
member in the house and can speak,
participate in proceedings and even vote in
the questions of house
Salary Fixed by Parliament Fixed by Parliament
Note: His salary is charged on the Consolidated Note: His salary is charged on Consolidated
Fund of India. (Read more about funds of India in Fund of India
the linked article)
Note: When Chairman of the house has to act as
President of India, he is not entitled to a salary of
Chairman of Rajya Sabha but of President of India
 UNIT:-14 STATE LEGISLATURE

 Introduction
 At present there are 28 states in the Union of India and every State has its own
legislature.
 The State legislature is a legislative body which makes law at the state level.
 The legislature made by the Union shall have an overriding effect over the laws made by
the state if there is any inconsistency between the two.
 Chapter III of the Constitution of India, 1950 (COI) deals with the articles related to
State Legislature (Article 168 to Article 177).

 Composition of the State Legislature

 Article 168 of COI deals with the constitution of the legislature of the State.
 There are generally two kinds of legislatures followed by the State Legislatures i.e.:
o Unicameral Legislation: It consists of the Governor and the Legislative
Assembly (Vidhan Sabha).
o Bicameral Legislation: It consists of Governor, Legislative Council (Vidhan
Parishad) and Legislative Assembly.

 Legislative Assembly (Vidhan Sabha)

 Article 170 of COI deals with the composition of the Legislative Assemblies.
 It is also known as lower house or popular house.
 It is the most powerful body in a state legislature.
 It shall be present in every State.
 The Legislative Assembly of each State shall consist of not more than five hundred,
and not less than sixty members chosen by direct election from territorial
constituencies in the State.
 State shall be divided into territorial constituencies in such manner that the ratio
between the population of each constituency and the number of seats allotted to it
shall, so far as practicable, be the same throughout the State.
 Upon the completion of each census, the total number of seats in the Legislative
Assembly of each State and the division of each State into territorial constituencies
shall be readjusted by such authority and in such manner as Parliament may by law
determines.
 The members of the Vidhan Sabha are directly elected by people on the basis of
universal adult franchise.
 Members of the Vidhan Sabha shall elect a presiding officer amongst themselves
who shall be the Speaker.

 Legislative Council (Vidhan Parishad)

 Article 169 of the COI deals with the abolition or creation of Legislative Councils in
States.
 It states that if the Legislative Assembly of the State passes a resolution to that effect
by a majority of the total membership of the Assembly and by a majority of not less
than two-thirds of the members of the Assembly present and voting then the
legislative council can be formed in a state.
  It is known as the Upper house of the state legislature.
 It does not necessarily exist in every state.
 Currently states like Uttar Pradesh, Bihar, Karnataka, Maharashtra and Jammu
& Kashmir have Vidhan Parishad.
 Composition of the legislative council is given under Article 171 of COI. It states
that:
 The total number of members in the Legislative Council of a State having such a
Council shall not exceed one-third of the total number of members in the
Legislative Assembly of that State.
 A detailed bifurcation of the members is given under Clause (3) of the Article.
 It is partly selected and partly nominated.
 The member of Vidhan Parishad shall elect a presiding officer amongst themselves
who shall be known as the chairman.

 Sessions of State Legislature

 Article 174 of COI deals with the session, prorogation and dissolution of the State
Legislature.
 The State legislature shall meet twice a year and the interval between the two
sessions must not exceed 6 months.
 The Governor has the authority to summon sessions. (Article 174)
 The Governor shall address the state legislatures. (Article 175)
 The privileges and immunities of the members of the State Legislature are like that
of members of Parliament.
 The Governor may from time to time prorogue (either house) or dissolve the
Legislative Assembly.

 Qualifications for Membership of the State Legislature (Article 173)

 A member to be elected in either house of the State Legislature must have the
following qualifications:
 Is a citizen of India.
 Is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of
age and, in the case of a seat in the Legislative Council, not less than thirty years of
age.
 Possesses such other qualifications as may be prescribed in that behalf by or under
any law made by Parliament.

 Legislative Relations of the State and Union

 There are four aspects of the legislative relationships between the Centre and the
States which are as follows:
o Territorial extent of Central and State legislation
o Distribution of legislative subjects
o Parliamentary legislation in the state field
o Centre’s control over State legislation
  Powers & Functions of State Legislature
 Law Making Authority:
o The State Legislature has the power to make laws based on the matters present in the
state list and concurrent list.
o The State Legislature shall also make money bill and ordinary bill.
 Financial Powers:
o Ordinary bills cab be introduced in both the houses of the state legislature (if Vidhan
Parishan is present)
o Money bill to be introduced in the Vidhan Sabha first.
o The Speaker of the Vidhan Sabha certifies that a particular bill is a money bill.
o The state legislature shall also have electoral and constitutional functions.

 Bicameral and Unicameral States

What is a Unicameral State?

It is a form of the legislature where only one house (one central unit) exists to make and
implement laws for the state/country.

What is a Bicameral State?

It is a legislative body with two houses. India is one such example where there are two
houses both at union and also at 6 of its 28 states. In a bicameral legislature, the
function to administer and implement the laws are shared between the two houses.

Though a uniform pattern of Government is prescribed for the States, it is not so in the
matter of the composition of the Legislature. While the Legislature of every State shall
consist of the Governor and the State Legislature, in some of the States, the Legislature
shall consist of two Houses, namely, the Legislative Assembly and the Legislative
Council, while in the rest, there shall be only one House, namely the legislative
assembly.

 The constitution provides for the abolition of the second chamber in a state
where it exists as well as for the creation of such a chamber in a state where
there is none at present.
 If a state Legislature passes a resolution by an absolute majority, together with
not less than two-thirds of the members actually present and voting in favour of
the creation of the second chamber and if Parliament gives concurrence to such a
resolution, the concerned State can have two Houses in the Legislature.
  Similar is the procedure for the abolition of the Upper houses. The State of
Punjab and West Bengal abolished the second chambers in 1969 and 1970
respectively. Legislative Council in Tamil Nadu was abolished in 1986.
 The State Legislature which has only one House is known as the Legislative
Assembly (Vidhan Sabha) and in the State which has two houses, the Upper
House is known as the Legislative Council (Vidhan Parishad) and the lower
House is known as the Legislative Assembly (Vidhan Sabha).
 Owing to changes introduced since the inauguration of Constitution, in
accordance with the procedure laid down in Article 169, the States having two
Houses are Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana and Uttar
Pradesh.

 State Legislature – Legislative Assembly

The Legislative Assembly is the popularly elected chamber and is the real Centre of
power in a State. The maximum strength of an assembly must not exceed 500 or its
minimum strength fall below 60. But some of the States have been allowed to have
smaller Legislative Assemblies, e.g. Sikkim, Arunachal Pradesh, Goa, etc.

The territorial constituencies demarcation should be done as far as possible, such that
the ratio between the population of each constituency and the number of seats allotted
to it is the same all over the State.

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

 State Legislature – Legislative Council

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

 Duration of Legislative Assembly & Legislative Council

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

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

a. one-third of the total number of members of the Council would be elected by

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

 Qualifications of Members of Legislative Assembly

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

 Thus, the Representation of the People Act, 1951, has provided that a person shall
not be elected either to the Legislative Assembly or the Council unless he is himself
an elector for any Legislative Assembly constituency in that State. A person can be
disqualified for being selected as and for being a member of the Legislative
 Assembly or Legislative Council of a State if he/she

a. holds an office of profit under GOI or any State Government, other than that of a
Minister at the centre or any state or an office declared by a law of the State not to
disqualify its holder (many States have passed such laws declaring certain offices to
be offices the holding of which does not disqualify its holder for being a member of
the Legislature of that States)
b. is mentally unsound as declared by a competent Court
c. is an undischarged insolvent
d. is not an Indian citizen or has voluntarily got the citizenship of a foreign State or is
under any acknowledgement of adherence/allegiance to a foreign nation
e. is so disqualified by or under any law made by Parliament

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

 Who are the officers of the state legislature?

Facts about Speaker & Deputy Speaker:

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

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

Facts about Chairman & Deputy Chairman:

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

 Powers & Functions of State Legislature

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

1) All the LC can do is delay the passing of a money bill by 14 days, a non-money bill by
3 months or a non-money bill that is sent back to it with recommendations by 1
month.
2) There is no provision in the Constitution for a joint sitting of the State Legislature. It
is to be noted that while the Vidhan Sabha can override the Vidhan Parishad, the vice
versa is never possible. A non-money bill that is passed by the Vidhan Parishad can
be rejected by the Vidhan Sabha more than once.
3) The LC members do not participate in the election of the President of the country.
Apart from that, they do not have any meaningful role in any bill’s rectification nor
in a constitutional amendment. In practical terms, the Legislature of a State implies
its Legislative Assembly which possesses the following major powers and functions:
a. It can create laws on any subject in the State List; it can also create laws on the
Concurrent List provided the law does not contradict or conflict any law
already made by the Parliament.
b. The Assembly asserts control over the Council of Ministers. Assembly members
can question the ministers, move motions and resolutions, and also pass a vote
of censure in order to dismiss the state government. The government ministry
is collectively accountable to the Legislative Assembly. If the ministry is
defeated in the Assembly, it amounts to the passing of a no-confidence vote
against the government.
c. The assembly controls the State’s finances. A money Bill can emerge from the
Assembly and it is considered passed by the LC after a lapse of fourteen days
after reference made to it by the Sabha. It could reject or pass the grants or
reduce their amount indicating rejection or adoption of the budget and hence,
implying victory or defeat of the State Government. Therefore, no tax can be
levied or withdrawn without the consent of the Vidhan Sabha.
4) The Assembly has constituent powers. With reference to Article 368, certain Bills of
Constitutional amendment after being passed by the Parliament would be referred
to the States for the process of ratification. In these cases, the Vidhan Sabha has a
role to play. It should give its judgement by passing a resolution by a simple majority
indicating approval or disapproval of the said Bill. There is a provision wherein the
President shall refer to the state assembly of a state before he recommends the
introduction of a bill which concerns with the alteration of the concerned state’s
boundary lines or its reorganisation in such a manner that its territory is increased
or decreased.
5) Some other powers of the State Assembly are as under:
a. It elects its Speaker as well as Deputy Speaker. It can also remove them by a no-
confidence vote.
b. It participates in the election of India’s President.
c. It also considers reports presented by agencies such as the Auditor-General,
State Public Service Commission, and others. Hence, it is evident that the
Vidhan Sabha is the powerful and popular chamber of the State Legislature. In
theory, it is somewhat parallel to the Lok Sabha.

 Limitations on the powers of State Legislature

 Certain types of Bills cannot be moved in the State Legislature without the previous
sanction of the President of India
 Certain Bills passed by the State Legislature cannot become operative until they
receive the President’s assent after having been reserved for his consideration by
the Governor;
 The Constitution empowers Parliament to frame laws on subjects included in the
State List if the Council of States declares that it is necessary and expedient in the
national interest that Parliament should Legislate on these subjects
 Parliament can exercise the power to make laws for the whole or any part of the
territory of India with respect to any of the matters enumerated in the State List,
while a Proclamation of emergency is in operation
 The Legislative competence of Parliament can also extend to the subjects
enumerated in the State List during the operation of a proclamation of the
breakdown of the Constitutional machinery.

 Legislative Procedure

The Parliamentary procedure followed in the Assembly and the Council is the same as in
Parliament.

1) The State Legislature must meet at least twice a year and the interval between any
two sessions should not be more than six months.
2) The Governor delivers the opening address at the beginning of a new session in
which he outlines the policy of the State Government.
3) Any Bill may be introduced in either House of the Legislature except a Money Bill,
which can be introduced only in the Assembly. It has to go through three readings,
after which it goes to the Governor for his assent. The Governor may send it back for
reconsideration but once it is passed again by the Legislature, he cannot withhold
his assent.
4) He may reserve certain Bills for the consideration of the President, who may ask him
to place it before the Legislature for reconsideration. When it is passed again with or
without amendment it goes to the President for his consideration.
5) The President is not bound to give his assent even though the Bill has been
considered and passed for a second time by the State Legislature. In case the
Assembly is dissolved before a Bill is passed, or it is passed by the Assembly but is
pending before the Council, it will lapse.
6) But in case of Bills which have been duly passed by the Assembly, if there is only one
House in the State, and by the Assembly and the Council where there are two House,
and is awaiting the assent of the Governor or the President it does not lapse.
7) A bill which has been returned either by the Governor or the President for
reconsideration can be considered and passed by the newly constituted Assembly,
even though the Bill was originally passed by the dissolved House.
 UNIT:-15 CONSTITUTIONAL BODIES IN INDIA
 What is a Constitutional Body?

In the context of India, a Constitutional Body refers to an institution or authority that

derives its powers and responsibilities directly from the Constitution of India. The
Constitution either directly establishes these entities or mandates their creation,
outlining their composition, powers, functions, and duties. These bodies are explicitly
mentioned in the Constitution, making them a fundamental part of the country’s
governance and administrative structure. A Constitutional Body of India is also
entrusted with performing specific functions to uphold democratic governance and
ensure the effective implementation of constitutional mandates.

 Important Constitutional Bodies of India

Some of the key constitutional bodies in India are listed below:

1) Election Commission of India (ECI)

2) Union Public Service Commission (UPSC)
3) State Public Service Commission (SPSC)
4) Finance Commission of India (FCI)
5) Goods and Services Tax Council (GST Council)
6) National Commission for Scheduled Castes (NCSC)
7) National Commission for Scheduled Tribes (NCST)
8) National Commission for Backward Classes (NCBC)
9) Special Officer for Linguistic Minorities (CLM)
10) Comptroller and Auditor General of India (CAG)
11) Attorney General of India (AGI)
12) Advocate General of the State (AGS)

Each of these bodies has specific roles and responsibilities as outlined in the related
Constitutional provisions. A brief outline of each of the constitutional body in India in
presented in the sections that follow.

1) Election Commission of India (ECI)

Constitutional
Article 324
Provision(s)
– A Chief Election Commissioner and such number of other Election
Composition Commissioners as determined by the President of India.
– At Present: Chief Election Commissioner and Two Election Commissioners
By the President of India on the recommendation of a three-
membered Selection Committee consisting of:
Appointment – The Prime Minister of India
– A Union Minister nominated by the Prime Minister
– The Leader of Opposition (LoP) in the Lok Sabha
Tenure 6 years or until they attain the age of 65 years, whichever is earlier.
– Chief Election Commissioner can be removed in the same manner and on
the same grounds as a judge of the Supreme Court.
Removal
– Other Election Commissioners can be removed on the recommendation
of the Chief Election Commissioner.
Resignation – Can resign by writing to the President of India.
Post-Tenure
– Eligible for further appointment by the Union Government.
Appointment(s)
Power of superintendence, direction, and control of elections to Parliament,
Duties and Powers
State Legislatures, the offices of President of India, and Vice-President of India.

2) Union Public Service Commission (UPSC)

Constitutional
Article 315 to Article 323
Provision(s)
A Chairman and such number of other members as determined by the
Composition
President of India.
Appointment By the President of India.
Tenure 6 years or until they attain the age of 65 years, whichever is earlier.
– By the President of India, in the manner and on the grounds mentioned in
the Constitution.
In case of ground of ‘Misbehavior’, the President has to refer the matter to
Removal
the Supreme Court for an enquiry. If the Supreme Court upholds the cause of
removal and advises so, the President can remove the Chairman or a member
of the UPSC.
Resignation Can resign by writing to the President of India.
– Chairman is not eligible for any further employment.
Post-Tenure – Other members are eligible for appointment as the Chairman of UPSC or a
Appointment(s) State Public Service Commission, but not for any other employment.
– The Chairman or a member is not eligible for the second term.
Duties and Powers The UPSC is the central recruiting agency in India.

3) State Public Service Commission (SPSC)

Constitutional
Article 315 to Article 323
Provision(s)
A Chairman and such number of other members as determined by the
Composition
Governor.
Appointment By the Governor of the state.
Tenure 6 years or until they attain the age of 62 years, whichever is earlier.
– By the President of India, in the manner and on the grounds mentioned in
Removal the Constitution.
In case of ground of ‘Misbehavior’, the President has to refer the matter to
 the Supreme Court for an enquiry. If the Supreme Court upholds the cause of
removal and advises so, the President can remove the Chairman or a member
of the SPSC.
Note: Though the Chairman and the members are appointed by the
Governor, they can be removed only by the President.
Resignation Can resign by writing to the Governor.
– Chairman is eligible for appointment as the Chairman or a member of the
UPSC or as the chairman of any other SPSC, but not for any other employment.
Post-Tenure – Other members are eligible for appointment as the chairman or a member of
Appointment(s) the UPSC or as the chairman of that SPSC or any other SPSC, but not for any
other employment.
– The Chairman or a member is not eligible for the second term.
The SPSC conducts the examinations for the appointment to the services of the
Powers
State.

4) Finance Commission of India (FCI)

Constitutional
Article 280
Provision(s)
Composition A Chairman and four other members.
Appointment By the President of India.
Term Specified by the President in his/her order.
Post-Tenure
Eligible for reappointment.
Appointment(s)
To make recommendations regarding
– The distribution of the net proceeds of taxes to be shared between the Centre
and the states, and the allocation between the states of the respective shares of
such proceeds.
– The principles that should govern the grants-in-aid to the states by the
Functions Centre (i.e., out of the Consolidated Fund of India).
The measures needed to augment the Consolidated Fund of a State to
supplement the resources of the Panchayats and the Municipalities in the State
on the basis of the recommendations made by the State Finance Commission.
Any other matter referred to it by the President in the interests of sound
finance.

5) Goods and Services Tax Council (GST Council)

Constitutional Provision(s) Article 279-A

Constitutional Amendment Act 101st Constitutional Amendment Act of 2016
– The Union Finance Minister as the Chairperson.
– The Union Minister of State in charge of Revenue or Finance.
Composition
– The Minister in charge of Finance or Taxation or any other Minister
nominated by each State Government.
 Note: The Chairperson of the Central
Board of Indirect Taxes and Customs (CBlC) is a permanent invitee
(non-voting) to all proceedings of the Council.
Secretariat New Delhi
Ex-Officio Secretary The Union Revenue Secretary
To make recommendations to the Centre and the states on the following
matters:
– The taxes, cesses and surcharges levied by the Centre, the States and the
local bodies that would get merged in GST.
Functions – The goods and services that may be subjected to GST or exempted from
GST.
– Model GST Laws, principles of levy, apportionment of GST levied on
supplies in the course of inter-state trade or commerce, and the principles
that govern the place of supply and so on, etc.

6) National Commission for Scheduled Castes (NCSC)

Constitutional
Article 338
Provision(s)
Composition A Chairperson, a Vice-Chairperson, and three other members.
Appointment By the President of India.
Tenure 3 years
Post-Tenure
Not eligible for the appointment for more than two terms.
Appointment(s)
To provide safeguards against the exploitation of the Scheduled
Functions Castes and Anglo-Indian Community as well as to protect their social,
economic, educational, and cultural interests.

7) National Commission for Scheduled Tribes (NCST)

Constitutional
Article 338-A
Provision(s)
Composition A Chairperson, a Vice-Chairperson, and three other members.
Appointment By the President of India.
Tenure 3 years
Post-Tenure
Not eligible for the appointment for more than two terms.
Appointment(s)
To provide safeguards against the exploitation of the Scheduled Tribes as
Functions
well as to protect their social, economic, educational, and cultural interests.

8) National Commission for Backward Classes (NCBC)

Constitutional Article 338-B

Provision(s)
Constitutional
102nd Constitutional Amendment Act of 2018
Amendment Act
Composition A Chairperson, a Vice-Chairperson, and three other members.
Appointment By the President of India.
Tenure 3 years.
Post-Tenure
Not eligible for the appointment for more than two terms.
Appointment(s)
To provide safeguards against the exploitation of the socially and
Functions educationally Backward Classes (BCs) as well as to protect their social,
economic, educational, and cultural interests.

9) Special Officer for Linguistic Minorities (CLM)

Constitutional
Article 350-B
Provision(s)
Constitutional
7th Constitutional Amendment Act of 1956
Amendment Act
Composition The Commissioner for Linguistic Minorities (CLM) [One membered body]
Appointment By the President of India.
Headquarters – New Delhi
Regional Offices:
Headquarters – Belgaum (Karnataka),
– Chennai (Tamil Nadu) and
– Kolkata (West Bengal).
Ministry Ministry of Minority Affairs
– To investigate all matters related to safeguards provided to linguistic
minorities.
– To submit to the President of India, the reports on the status of
Functions implementation of the Constitutional and the nationally agreed safeguards for
the linguistic minorities.
– To monitor the implementation of safeguards through questionnaires, visits,
conferences, seminars, meetings, review mechanisms, etc.

10)Comptroller and Auditor General of India (CAG)

Constitutional
Article 148 to Article 151
Provision(s)
Appointment By the President of India.
Tenure 6 years or up to the age of 65 years, whichever is earlier.
Resignation Can resign by writing to the President.
By the President on the same grounds and in the same manner as a judge of
Removal
the Supreme Court.
To audit the receipts and expenditures of the Central Government, State
Functions
Governments, and other bodies that receive funding from the Government.
 11)Attorney General of India (AGI)

Constitutional
Article 76, Article 88, Article 105.
Provision(s)
Appointment By the President of India.
Term Not fixed by the Constitution.
Resignation Can resign by writing to the President of India.
Remuneration Determined by the President.
Acts as the primary lawyer of the Central Government and advises it on all legal
Functions
matters along with representing it in the Supreme Court and High Courts.

12)Advocate General of the State (AGS)

Constitutional
Article 165, Article 177, Article 194
Provision(s)
Appointment By the Governor of the State.
Term Not fixed by the Constitution.
Resignation Can resign by writing to the Governor of the State.
Remuneration Determined by the Governor.
Acts as the primary lawyer of the State Government and advises it on all
Functions legal matters along with representing it in the Supreme Court and High
Courts.

Constitutional bodies derive their powers and authorities from the Constitution of India. They
are mentioned in the Constitution. Since they get their power from the Indian Constitution,
any change in the mechanism of the constitutional bodies would require a constitutional
amendment.

 List of Constitutional Bodies

The list of constitutional bodies in India along with the article pertaining to it in the
Constitution and other details are given below:
 1) Attorney General of India
Attorney General

Article in the Constitution 76

Tenure & Removal Holds office during the pleasure of the President

Further Appointment Yes

Powers  Privileges of an MP
 Right of an audience in all Indian courts
 Can attend both Lok Sabha and Rajya Sabha but cannot vote

2) Comptroller and Auditor General (CAG)

Comptroller & Auditor General of India

Articles 148

Tenure & removal  Holds the office for six years or 65 years (whichever comes earlier)
 Removal is the same as for a judge of the Supreme Court
Further appointment No
Powers  Audits accounts concerned with the Contingency Fund, the Consolidated Fund of India and
states, and the Public Accounts Fund of the states and centre.
 Advisory function with respect to accounts to the country’s President

3) Election Commission
Election Commission of India

Article 324

Composition CEC/Chief Election Commissioner, Other Election Commissioners

Tenure & removal Presently for 6 years or 65 years, whichever is earlier

Further appointment Yes

Powers  Conduct of free and fair elections in India

 Political parties’ registration
 Overseeing elections
 4) Finance Commission
Finance Commission of India

Article 280

Composition Chairman, Four members

Further appointment Yes

Powers  Decides the basis for sharing the divisible taxes by the centre and the states
 Any matter in the interest of sound finance can be referred to the President
 evaluates the rise in the Consolidated Fund of a state in order to affix the resources of the state
Municipalities and Panchayats
 FC has the powers of a civil court

5) National Commission for Scheduled Castes

National Commission for Scheduled Castes

Articles 338

Composition Chairman, Vice-chairman, 3 other members

Tenure & removal 3 years

Further appointment Yes

Powers  It is a quasi-judicial body

 Monitoring and reporting about the implementation of constitutional safeguards for
Scheduled Castes
 It has a civil court’s powers

6) National Commission for Scheduled Tribes

National Commission for Scheduled Tribes

Articles 338-A

Composition Chairman, Vice-chairman, 3 other members

Tenure & removal 3 years

Further appointment Yes

Powers  It is a quasi-judicial body

 Monitoring and reporting about the implementation of constitutional safeguards for
Scheduled Tribes
 It has a civil court’s powers

7) National Commission for Backward Classes

National Commission for Backward Classes

Articles 338-B

Composition Chairman, Vice-chairman, 3 other members

Tenure & removal 3 years

Further appointment Yes

Powers  Examine complaints and welfare measures regarding socially and educationally backward
classes
 It has a civil court’s powers

8) Special officer for Linguistic Minorities

Special officer for Linguistic Minorities

Articles 350 B

Composition Commissioner, Deputy Commissioner, Assistant Commissioner

Tenure and removal Pleasure of the President

Further appointment Yes

Powers Monitoring and reporting the working of constitutional safeguards for linguistic minorities

9) Union Public Service Commission

Union Public Service Commission

Articles 315 – 323

Composition 9 to 11 members

Tenure & removal Presently for 6 years or 65 years (whichever is earlier) whichever is earlier

Further Appointment UPSC Chairman is not eligible for a second term. Other members are eligible only for an
appointment within SPSC and UPSC

Powers Recruitment of All India Services, public services of centrally administered territories, Central
services, advisory powers

10) State Public Service Commission

State Public Service Commission

Articles 315 – 323

Tenure & removal Presently for 6 years or 62 years, whichever is earlier

UNIT:-16 NON-CONSTITUTIONAL BODIES
Non-Constitutional Bodies refer to entities that are not established by the Constitution
of India but are created by Parliament through legislative acts or by the Executive
through resolutions or orders. These bodies perform a variety of functions such as
administration, advice, regulation, development, and even quasi-judicial matters. The
various roles of Non Constitutional Bodies in policy implementation for the government,
regulatory compliance, as well as provision of expert advisories on numerous matters of
national importance are indeed played.

 Non-Constitutional Bodies Meaning

Non-Constitutional Bodies are established through legislative enactments or executive

resolutions but not under the Constitution of India. They perform multiple functions,
which range from advisory and regulatory, to developmental roles. Normally, they are
established due to the need to have specialized agencies perform specific tasks in the
most efficient and effective manner; they are much more flexible and functionally
competent than Constitutional Bodies might be due to the broad mandates under which
these Bodies operate.

Non-Constitutional bodies are formed by acts which are passed by the parliament.
Technically a constitutional amendment bill can be passed to include the provisions of
any new constitutional body in the constitution itself but that would require special
majority and except in recent times, India has shown a trend of coalition governments
which usually makes it harder to pass constitutional amendment bills with special
majority. Instead laws can be made with simple majority and new governmental
organizations can be made that way. The acts passed by the parliament contain the
provisions, duties and power of the governmental body such formed. Constitutional
bodies are also much harder to change and in contrast makes the flexibility of non-
constitutional bodies much more efficient in the administration of the country.

 Background of Establishment

The Non-Constitutional Bodies in India started filling those needs and gaps that,
otherwise, could not be adequately filled by the existing constitutional mechanism. For
instance, the Central Bureau of Investigation was established in 1963. Since it was
dealing with issues of corruption and other crime-related affairs against the general
public at large, these affairs were obviously complex in nature and would have
demanded specialized techniques of investigation. As the demand for a specific body to
safeguard and advance human rights in India also became more urgent, this National
Human Rights Commission was founded in 1993. Such bodies are created with a specific
mandate and are conferred powers and functions by legislative enactments or executive
orders.

 Provisions for establishment of non-constitutional bodies

If the provisions are mentioned in the constitution of India but no such body actually
exists but formed later, it is considered to be a constitutional body. For example, the
Inter- state council is a constitutional body which came into existence in 1990. It is a
constitutional body because the constitution empowers the president to make such a
body and provides the provisions for its formation, duties and roles.

On the other hand, the non-constitutional body also known as statutory bodies are
made by acts of parliament and all the provisions, roles, duties, powers and territorial
jurisdiction as well are specified in those acts. The provisions can be also altered later
on by amendment to the original acts again by simple majority. This provides a certain
flexibility and ease to the Non-constitutional or statutory bodies that is lacking in the
constitutional bodies.

 Classification of Non-Constitutional Bodies

Non-Constitutional Bodies can be broadly classified into three categories on the basis of
their roles and functions:

1) Advisory Bodies

These provide advice and recommendations to the government regarding certain

issues. They are essentially consultative in character and do not have any executive
powers. Examples include the National Knowledge Commission and the National
Advisory Council.

2) Regulatory Bodies

The bodies regulate and oversee the areas of interest/activities to ensure no violation
takes place against the laws and regulations in those areas. They have the authority to
make rules, issue guidelines and take regulation-related measures. Examples are
the Securities and Exchange Board of India, SEBI and the Telecom Regulatory Authority
of India, TRAI.

3) Developmental Bodies

These relate to developmental objectives and the policies to be adopted in one specific
area. They may focus on plans of economic development, resource mobilization, and
development programs. There is the NITI Aayog, which replaced the Planning
Commission, and the National Bank for Agriculture and Rural Development, NABARD.

 List of Non-Constitutional Bodies in India

Some of the important Non-Constitutional Bodies in India are as under:-

1) National Human Rights Commission (NHRC)

It was established in the year 1993 under the Protection of Human Rights Act, 1993. The
NHRC focuses on protecting and promoting human rights in India. It investigates
complaints on violations of human rights and advises remedial action. It conducts
research and awareness programs to strengthen human rights awareness.

2) Central Bureau of Investigation (CBI)

The CBI was constituted in 1963 by a resolution of the Ministry of Home Affairs and
functions under the Delhi Special Police Establishment Act, 1946. It is India's premier
investigating agency handling cases related to corruption, economic crimes, and high-
profile criminal cases. In this process, it plays a significant role in maintaining integrity
and transparency in the public administration process.

3) Central Vigilance Commission (CVC)

The CVC was established in 1964 for governmental corruption. The Central Vigilance
Commission Act of 2003 granted statutory status. It supervises and advises central
government organizations on vigilance matters. It works as an independent authority to
take care of vigilance activities to maintain integrity in public administration.

4) National Commission for Women (NCW)

NCW was formed in 1992 for the protection of women and their interests in India. It
studies present law to bring about reforms, frame amendments, and take up violative
cases against women's rights. The NCW also carries out research and promotion work
to ensure gender equality.

5) National Green Tribunal (NGT)

The NGT was constituted in the year 2010 under the National Green Tribunal Act, 2010.
It deals with environmental disputes containing multi-disciplinary issues. The NGT
ensures the expeditious disposal of cases related to environmental protection and
preservation of forests and other natural resources and may provide relief with
adequate compensation to the victims.

6) University Grants Commission (UGC)

The UGC was formulated by the University Grants Commission Act, 1956. The act
ensures the coordination and maintenance of standards of higher education in India.
The UGC gives recognition to universities, makes research funds, and ensures quality in
education.

7) Reserve Bank of India

The reserve bank of India was privately owned initially and then by the Reserve bank of
India act of 1934 made into a government owned entity. Since the republic of India was
established as an independent nation, the Reserve bank of India has been the backbone
of the Indian economy but not a constitutional body. Because it lacks mention in the
constitution and its establishment is based on an act of parliament, it is a statutory
body.

8) ISRO or Indian Space Research Organization

Originally formed as INCOSPAR, the world renowned space organization of India was
formed on the urging of Vikram Sarabhai by then president of India, Jawaharlal Nehru.
It was formed under the department of Atomic energy in 1962 and is nowhere
mentioned in the Indian Constitution and hence is a non-constitutional or Statutory
body.

 NITI AYOG
 LOKPAL AND LOKAYUKTA
 Securities and Exchange Bank of India (SEBI)
 Food Corporation of India (FCI)
  Difference Between Constitutional and Non-Constitutional Bodies

For understanding their roles and functions effectively, it is important to distinguish

between Constitutional and Non-Constitutional bodies. The differences are presented in
the following table.

Difference Between Constitutional and Non-Constitutional Bodies

Basis Constitutional Bodies Non-Constitutional Bodies
Origin Established by the Constitution of India Established by legislative
acts/executive orders
Amendment Requires constitutional amendment Does not require constitutional
Requirement amendment
Examples Election Commission, Comptroller and NHRC, CBI, SEBI, UGC
Auditor General (CAG), Union Public Service
Commission (UPSC)
Stability More stable and permanent Can be modified or abolished more
easily
Jurisdiction and Scope Defines broad mandates by the Constitution Defines specific mandates by law or
orders
Accountability Directly accountable to the Constitution Accountable to the government or
Parliament
 Non-Constitutional Bodies
Central Information Commission and State
Central Bureau of Investigation Central Vigilance Commission National Human Rights Commission and State HRC National Disaster Management Authority National Investigation Agency Lokpal and Lokayuktas NITI Aayog
Information Commission

1963, on recommendation of the 1964, on recommendation of the Santhanam 2005 by executive order, subsequently notified in the National
Established Santhanam Committee. Not a statutory Committee. In 2003 CVC 1993 by the Protection of Human Rights Act, 1993 Disaster 2005 under the Right to Information Act 2005. 2008, under the National Investigation Agency Act, 2008. 2013, under The Lokpal and Lokayuktas Act, 2013 2015 by an Executive resolution. Not a statutory body.
body. Was given statutory status. Management Act of 2005.

Attached office in Ministry of

Ministry of Personnel, Public Grievance and Ministry of Personnel, Public Grievance and
Ministry Personnel, Public Grievance and Ministry of Home Affairs Ministry of Home Affairs Ministry of Home Affairs Ministry of Personnel, Public Grievance and Pensions —
Pensions Pensions
Pensions

Main investigating agency of the Lokpal

Central Government. • Lokpal jurisdiction to investigate corruption
• Investigates crime of corruption, NHRC allegations:
economic offences and serious and • To strengthen the institutional arrangements to address
organized crime other than terrorism.
• Prime Minister, or a Union Minister, or an MP, or GOI
human rights issues.
• Provides assistance to the Central • CIC entertains complaints and appeals • It is the central counter-terrorism law officials
• To look into allegations of excesses, independently of the govt.
Vigilance Commission and Lokpal.
Receive and act on complaints or disclosure • To review the constitutional and other safeguards for the Responsibility of laying down the policies, plans and guidelines pertaining to offices, financial enforcement agency in the country. • Institutions that are financed fully or partly by the • Premier policy 'Thinktank' of the Government of India.
• Nodal police agency in India which Government.
Core Functions on any allegation of corruption or misuse of protection of human rights. for disaster management for ensuring timely and effective institutions, PSUs, etc., under the • Investigates and prosecutes offences in • Designs long-term policies and programs for the GoI.
coordinates investigations on behalf public office from whistle blowers. response to disaster. • Provides technical advice to the Centre and States
SHRC Central Govt and the UTs. respect of the Acts specified in the Schedule • Institutions aided by the government are excluded.
of Interpol Member countries. • Inquire into violation of human rights only in respect of
Superintendence • SIC – under the concerned state govt. of the NIA Act. Lokayukta
subjects mentioned in the State List and Concurrent List.
Central government in all matters except • In most of the states, the Lokayukta can initiate
• If NHRC is enquiring in any matter then SHRC does not inquire
investigation of offences under the investigations either based on a complaint received
into that matter.
Prevention of Corruption Act, 1988, in
from the citizen against unfair administrative action
which, the superintendence vests with
the CVC. or suo moto.

Jurisdiction-
• The NIA has concurrent jurisdiction to investigate and
prosecute the offences affecting the sovereignty, security
and integrity of India, security of state, friendly relations
Has all the powers of a civil court and its It has powers of a civil court, and its proceedings have a Has the powers of a civil court. Has 'suo motto'
Working — — with foreign states. Working of Lokpal and Lokayuktas are judicial in character. –
proceedings have a judicial character. power to order inquiry.
judicial character • Empowered to investigate terror attacks, human
trafficking, cyber- terrorism, counterfeit currency or bank
notes, manufacture or sale of prohibited arms, explosive
substances. etc.

NHRC: Chairperson and five members. Three judicial members and • Lokpal: Chairperson + max. 8 members.
PM(C)
three human rights experts. Among HR experts, at least one • 50% are judicial members. • Governing Council (Cms & LGs)
woman. • CIC: Chief Information Commissioner+ max. 10 • 50%SCs, STs, OBCs, minorities and women. • Regional Councils (temporary, formed to address specific
Headed by a Director, who is assisted Lokayukta: Structure is not the same in all states. Some have
Chief Vigilance Commissioner+ max. 2 In addition, • PM –ex-officio Chairperson and max.9 members including Information Commissioners. Headed by a Director-General, who have powers similar to • issues)
Composition by special director or additional only Lokayukta, others also have Upalokayukta.
Vigilance Commissioners. • 7 ex-officio members–Chairpersons of the NC for Vice-Chairperson • SIC: State Chief Information Commissioner+ DGP in a state. • Special Invitees (experts)
director.
Minorities, NCSCs, NCSTs, NCW, NCBCs, NCPCR, Chief max. 10 State Information Commissioners • Full-time Organisational Framework (PM +
Commissioner for Persons with Disabilities. VC+Members+Part-time members + Ex-officio Members
SHRC: Chairperson+2members + CEO)

• Lokpal: President on recommendation of Selection

NHRC Committee=PM+ Speaker (LS) + Leader of opposition (LS) +
• President, on recommendations of a 6-member committee=PM Chief Justice of India or a sitting SC judge nominated by him +
+ Speaker LS +Deputy Chairman of RS +Leaders of opposition • CIC: President, on recommendations of one eminent jurist nominated by the President of India on the
by the Central Government on the
(LS + RS) + Union Home Minister. committee=PM(C)+ Leader of opposition (LS) + basis of recommendations of the first four members of the
recommendation of a President on recommendation of a 3-member • Members are nominated by the Chairperson.
SHRC a Union Cabinet Minister nominated by the PM. PM
Appointment committee=Prime Minister (C)+Leader committee=PM(H)+ Union Home Minister + • Chairperson designates one of the members as theVice- Cabinet Committee on Appointments selection committee.
• Governor, on recommendations of a committee [4 or 6 • SIC: Governor, on recommendation of a • Vice-Chairperson
of Opposition (LS)+CJI or a Judge of Leader of Opposition (LS) Chairperson of NDMA.
members (If legislative council exists)] committee=CM(C)+ Leader of opposition (LA) +
the Supreme Court nominated by him • Lokayukta: Governor, who in most states consults the Chief
• =CM(head)+ Speaker+ State Home Minister+ Leader of a State Cabinet Minister nominated by the CM.
Justice of the state High Court and Leader of opposition (LA)
Opposition (LA)+ Chairman Of Legislative Council+ Leader
of Opposition(LC)

NHRC Lokpal:
• Chairperson = a retired CJI or a judge of the Supreme Court. • Chairperson – CJI or retired judge of SC or an eminent
• Two judicial members= a serving or retired judge of the person
Supreme Court, + serving or retired chief justice of a high • Judicial members – who is or has been a Judge of the
court • They should be a person of eminence in public Supreme Court or is or has been a Chief Justice of a High
• Three persons having knowledge or practical experience life. Court
Not prescribed. Generally senior bureaucrats w.r.t. human rights. • They should not be an MP or MLA • Non-judicial members – Having special knowledge and
Qualification Senior IPS officer is appointed. — Qualified to be appointed as DGP expertise of minimum 25 years in the matters relating to VC–Prominent economist
are appointed as CVC and VC. SHRC • They should not hold any office of profit or
• Chairperson= retired Chief Justice or a judge of a High connected with any political party or carrying anti-corruption policy, public administration, etc.
Court out any business or pursuing any profession. Lokayukta:
• Judicial member= serving or retired judge of a High Court • Some states have prescribed judicial qualifications; other
or a District Judge (7-year experience) states provide no specific qualifications.
• Member= Having knowledge or practical experience w.r.t.
human rights

For both CIC and SIC, tenure is prescribed by the Lokpal: 5 years or 70 years;
Director Lokayukta: For most of the states- 5 years or 65 years of age
Tenure 4 years or 65 years. 3 years or 70 years for both. — Central Govt. (right now – 3 years) or until they Not prescribed —
2 Years + 3 Years
attain the age of 65 years.

President, for both NHRC and SHRC • Lokpal: Ground=Misbehavior --> at least 100MPs sign petition
• If a member is adjudged insolvent, engages in any paid President/ Governor, grounds = similar to NHRC -->President--> refer to Supreme Court for inquiry--> ought
employment or unfit to continue or unsound mind or members, or acquired any financial interests that to be removed -->President removes Chairperson or any
Removal — President on same grounds as CIC — Central Government
Member.
—
sentenced for an offence. can affect his official functions, or convicted for an
• In case of misbehavior or incapacity, Supreme Court offence which involves a moral turpitude Lokayukta: Removed by passing a motion by special majority in the
enquires and tenders advise to the President. State Assembly.

Lokpal:
• Not eligible for reappointment or any other employment under
Not eligible for reappointment or any further • Eligible for reappointment. But not eligible for further the Govt.
Post retirement — — Not eligible for reappointment — • Cannot contest election within a period of five years from the —
employment under the Central or state govt. employment under the Central or state government.
date of relinquishing the post.
Lokayukta: Not eligible for reappointment.

— • Lokpal: Annual report on work done--> President--> each

House of Parliament.
• Lokayukta: Consolidated report on his performance-->
Report Central Government — • NHRC/ SHRC submit annual report to Central govt/ state Central govt./state govt. Central Government Central and State governments.
Governor--> State Legislature. Lokayukta is responsible to the
govt.
state legislature.

• The salary, allowances and other conditions of service — The salary, allowances and other conditions of service
CVC=UPSC Chairman, VCs=UPSC members, The salary, allowances and other conditions of
• For NHRC- determined by the central government. • Lokpal: Chairperson~Chief Justice of India; Members ~
Conditions of service — w.r.t. salary, allowance and other conditions service of both the CIC and SIC are prescribed —
Judge of Supreme Court.
—
of service. • For SHRC- determined by the state government. by the Central Government.
• Lokayukta: Equivalent to Chief Justice of State High Court

State Disaster Management Authority-

• Composition: CM= ex-officio Chairperson+max.9 members The Chairperson or a Member shall not be –
including Vice-Chairperson
Appointment: Same as NDMA • a member of Parliament or a member of the
• Tenure of CBI Director is normally • Other members = max 8 are nominated by the Chairperson • The provisions of the NIA Act will also apply to persons Legislature of any State or Union territory
two years but can be extended up to District Disaster Management Authority who commit a scheduled offence beyond India against • a person convicted of any offence involving moral
• Both NHRC and SHRC have non- binding
one year at a time with no such Chairperson and max.7 members Indian citizens.
• Vigilance Commissioner is eligible for recommendations • District Magistrate is the ex-officio Chairperson of the DDMA. turpitude
extension after the completion of a • Information Commissioner is eligible for • The NIA shall have the similar powers being exercised
appointment as the Central Vigilance • NHRC and SHRC cannot inquire into any matter after the • The elected representative of the local authority is the ex- • a person of less than forty-five years of age, on the
period of five years (Delhi Special appointment as the Chief Information by the police officers in connection with the
Commissioner provided that the term of expiry of one year from the date of occurrence of any act officio co- chairperson of the DDMA. But, in case of Tribal Areas
Police Establishment Act, 2021). Commissioner provided his term of office shall investigation of offences. date of assuming office as the Chairperson or
Additional Point the Vigilance Commissioner shall not be violating human rights. (as referred to in the Sixth Schedule to the Constitution of —
• It derives powers from the Delhi not be more than five years in aggregate as the • The central government with respect to a scheduled Member, as the case may be
more than four years in aggregate as the India), the chief executive member of the district council of
Special Police Establishment Act, • The central government can extend jurisdiction of SHRC Information Commissioner and the Chief offence committed outside India can direct the NIA to
Vigilance Commissioner and the Central autonomous district is the ex-officio co-chairperson of the • member of any Panchayat or Municipality
1946. over a union territory. DDMA. Information Commissioner. register the case.
Vigilance Commissioner. • a person who has been removed or dismissed from
• General consent of a state is • The functions relating to human rights in case of union • In case of a district where Zilla Parishad exists, the chairperson • The central government and the state governments
required for CBI to investigate in a of that Zilla Parishad is the co-chairperson of the DDMA. may designate Sessions Courts as Special Courts for the service of the Union or a State
territory of Delhi are to be dealt with by the NHRC.
state. • Ex-officio members= Chief executive officer, district SP and conducting the trial of offences under the NIA Act. Expenses-
chief medical officer
• Lokpal: charged on Consolidated Fund of India.
• Max. 2 district level officers are appointed as member by the
state government. • Lokayukta: charged on Consolidated Fund of State.
CEO is appointed by the state government

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UNIT:-17 SUPREME

 Supreme Court of India

 The Supreme Court of India is the highest judicial court and the final court of
appeal under the Constitution of India, the highest constitutional court, with the
power of judicial review.
 India is a federal State and has a single and unified judicial system with three tier
structure, i.e. Supreme Court, High Courts and Subordinate Courts.

 Brief History of the Supreme Court of India

 The promulgation of Regulating Act of 1773 established the Supreme Court of
Judicature at Calcutta as a Court of Record, with full power & authority.
 It was established to hear and determine all complaints for any crimes and also to
entertain, hear and determine any suits or actions in Bengal, Bihar and Orissa.
 The Supreme Courts at Madras and Bombay were established by King George
– III in 1800 and 1823 respectively.
 The India High Courts Act 1861 created High Courts for various provinces and
abolished Supreme Courts at Calcutta, Madras and Bombay and also the
Sadar Adalats in Presidency towns.
 These High Courts had the distinction of being the highest Courts for all cases till the
creation of Federal Court of India under the Government of India Act 1935.
 The Federal Court had jurisdiction to solve disputes between provinces and federal
states and hear appeal against Judgements from High Courts.
 After India attained independence in 1947, the Constitution of India came into being on
26 January 1950. The Supreme Court of India also came into existence and its first
sitting was held on 28 January 1950.
 The law declared by the Supreme Court is binding on all Courts within the territory
of India.
 It has the power of judicial review – to strike down the legislative and executive action
contrary to the provisions and the scheme of the constitution, the distribution of power
between Union and States or inimical to the fundamental rights guaranteed by the
Constitution.
 Constitutional Provisions
 The Indian constitution provides for a provision of Supreme Court under Part V (The
Union) and Chapter 6 (The Union Judiciary).
 Articles 124 to 147 in Part V of the Constitution deal with the organisation,
independence, jurisdiction, powers and procedures of the Supreme Court.
 The Indian constitution under Article 124(1) states that there shall be a Supreme Court
of India constituting of a Chief Justice of India (CJI) and, until Parliament by law
prescribes a larger number, of not more than seven other Judges.
 The Jurisdiction of the Supreme Court of India can broadly be categorised into original
jurisdiction, appellate jurisdiction and advisory jurisdiction. However, there
are other multiple powers of the Supreme Court.

 Organisation of Supreme Court

 At present, the Supreme Court consists of thirty-one judges (one chief justice and thirty
other judges).
 Supreme Court (Number of Judges) Bill of 2019 has added four judges to
strength. It increased the judicial strength from 31 to 34, including the CJI.
 Originally, the strength of the Supreme Court was fixed at eight (one chief justice and seven
other judges).
 The Parliament is authorised to regulate them.

 Seat of Supreme Court

The Constitution declares Delhi as the seat of the Supreme Court. It also
authorises the CJI to appoint other place or places as seat of the Supreme Court.
He can take decision in this regard only with the approval of the President. This
provision is only optional and not compulsory. This means that no court can
give any direction either to the President or to the Chief Justice to appoint any other
place as the seat of the Supreme Court.

 Appointment of Judges
 The judges of the Supreme Court are appointed by the President. The CJI is
appointed by the President after consultation with such judges of the Supreme
Court and high courts as he deems necessary.
 The other judges are appointed by the President after consultation with the CJI and such
other judges of the Supreme Court and the high courts as he deems necessary.
 The consultation with the chief justice is obligatory in the case of appointment of a
judge other than Chief justice.
 Appointment of Chief Justice From 1950 to 1973: The practice has been to appoint
the senior most judge of the Supreme Court as the chief justice of India. This established
convention was violated in 1973 when A N Ray was appointed as the Chief Justice of
India by superseding three senior judges. Again in 1977, M U Beg was appointed
as the chief justice of India by superseding the then senior-most judge.
 This discretion of the government was curtailed by the Supreme Court in the Second
Judges Case (1993), in which the Supreme Court ruled that the senior most judge
of the Supreme Court should alone be appointed to the office of the Chief
Justice of India.

 Controversy over Consultation and Evolution of Collegium system

The Supreme Court has given different interpretations of the word „consultation‟ in the
above mentioned provisions.
 In the First Judges case (1982), the Court held that consultation does not mean
concurrence and it only implies exchange of views.
 In the Second Judges case (1993), the Court reversed its earlier ruling and changed the
meaning of the word consultation to concurrence.
 In the Third Judges case (1998), the Court opined that the consultation process to be
adopted by the Chief Justice of India requires ‗consultation of plurality judges‘.
 The sole opinion of the CJI does not constitute the consultation process. He should
consult a collegium of four senior most judges of the Supreme Court and
even if two judges give an adverse opinion, he should not send the
recommendation to the government.
 The court held that the recommendation made by the chief justice of India
without complying with the norms and requirements of the consultation process
are not binding on the government.

 Collegium System
 Collegium system was born through ―three judges case‖ and it is in practice since 1998.
It is used for appointments and transfers of judges in High courts and Supreme Courts.
 There is no mention of the Collegium either in the original Constitution of India or in
successive amendments

 Working of Collegium System and NJAC

 The collegium recommends of the names of lawyers or judges to the Central Government.
Similarly, the Central Government also sends some of its proposed names to the
Collegium.
 Collegium considers the names or suggestions made by the Central Government and
resends the file to the government for final approval.
 If the Collegium resends the same name again then the government has to give
its assent to the names. But time limit is not fixed to reply. This is the reason
that appointment of judges takes a long time.
 Through the 99th Constitutional Amendment Act, 2014 the National Judicial
Commission Act (NJAC) was established to replace the collegium system for the
appointment of judges.
 However, the Supreme Court upheld the collegium system and struck down the
NJAC as unconstitutional on the grounds that the involvement of Political
Executive in judicial appointment was against the ―Principles of Basic
Structure‖. I.e. the ―Independence of Judiciary‖.

 Qualifications of Judges
 A person to be appointed as a judge of the Supreme Court should have the following
qualifications:
 He should be a citizen of India.
 He should have been a judge of a High Court (or high courts in succession)
 for five years; or
 He should have been an advocate of a High Court (or High Courts in succession)
for ten years; or
 He should be a distinguished jurist in the opinion of the president.
 The Constitution has not prescribed a minimum age for appointment as a judge of
the Supreme Court.

 Oath or Affirmation
A person appointed as a judge of the Supreme Court, before entering upon his office, has to
make and subscribe to an oath or affirmation before the President, or some other
person appointed by him for this purpose. In his oath, a judge of the Supreme Court swears:
 to bear true faith and allegiance to the Constitution of India; to
uphold the sovereignty and integrity of India;
 to duly and faithfully and to the best of his ability, knowledge and judgement to perform
the duties of the Office without fear or favour, affection or ill-will; and
 to uphold the Constitution and the laws.

 Tenure of Judges
The Constitution has not fixed the tenure of a judge of the Supreme Court. However, it
makes the following three provisions in this regard:
 He holds office until he attains the age of 65 years. Any question regarding his age is
to be determined by such authority and in such manner as provided by Parliament.
 He can resign his office by writing to the President.
 He can be removed from his office by the President on the recommendation of the
Parliament.

 Removal of Judges
 A judge of the Supreme Court can be removed from his office by an order of the
President. The President can issue the removal order only after an address by Parliament
has been presented to him in the same session for such removal.
 The address must be supported by a special majority of each House of Parliament (ie,
a majority of the total membership of that House and a majority of not less than two-
thirds of the members of that House present and voting). The grounds of removal are
two—proved misbehaviour or incapacity.
 The Judges Enquiry Act (1968) regulates the procedure relating to the removal of a
judge of the Supreme Court by the process of impeachment:
 No judge of the Supreme Court has been impeached so far. Impeachment
motions of Justice V Ramaswami (1991–1993) and the Justice Dipak Misra
(2017-18) were defeated in the Parliament.

 Salaries and Allowances

The salaries, allowances, privileges, leave and pension of the judges of the Supreme Court
are determined from time to time by the Parliament. They cannot be varied to their
disadvantage after their appointment except during a financial emergency.

 Acting Chief Justice

The President can appoint a judge of the Supreme Court as an acting Chief Justice of India
when:
 the office of Chief Justice of India is vacant; or
 the Chief Justice of India is temporarily absent; or
 the Chief Justice of India is unable to perform the duties of his office.

 Ad hoc Judge
 When there is a lack of quorum of the permanent judges to hold or continue any
session of the Supreme Court, the Chief Justice of India can appoint a judge of a
High Court as an ad hoc judge of the Supreme Court for a temporary period.
He can do so only after consultation with the Chief Justice of the High Court concerned
and with the previous consent of the president.
 The judge so appointed should be qualified for appointment as a judge of the
Supreme Court. It is the duty of the judge so appointed to attend the sittings of the
Supreme Court, in priority to other duties of his office. While so attending, he enjoys all
the jurisdiction, powers and privileges (and discharges the duties) of a judge of the
Supreme Court.

 Retired Judges
 At any time, the CJI can request a retired judge of the Supreme Court or a retired
judge of a high court (who is duly qualified for appointment as a judge of the Supreme
Court) to act as a judge of the Supreme Court for a temporary period.
 He can do so only with the previous consent of the President and also of the person
to be so appointed.
 Such a judge is entitled to such allowances as the president may determine. He
will also enjoy all the jurisdiction, powers and privileges of a judge of the
Supreme Court. But, he will not otherwise be deemed to be a judge of the
Supreme Court.

 Procedure of Court
 The Supreme Court can, with the approval of the President, make rules for regulating
generally the practice and procedure of the court.
 The Constitutional cases or references made by the President under Article 143
are decided by a Bench consisting of at least five judges. All other cases are
usually decided by a bench consisting of not less than three judges. The judgements are
delivered by the open court. All judgements are by majority vote but if differing, then
judges can give dissenting judgements or opinions.

 Independence of Supreme Court

 The Supreme Court is a Federal court, the highest court of appeal, the
guarantor of the fundamental rights of the citizens and guardian of the
Constitution.
Therefore, its independence becomes very essential for the effective discharge of the
duties assigned to it. It should be free from the encroachments, pressures and
interferences of the executive (council of ministers) and the Legislature (Parliament). It
should be allowed to do justice without fear or favour.
 The Constitution has made the following provisions to safeguard and ensure the
independent and impartial functioning of the Supreme Court:
 Mode of appointment
Security of tenure
 Fixed service conditions
 Expenses charged on the consolidated fund
Conduct of judges cannot be discussed
 Ban on practice after retirement
Power to punish for its contempt
Freedom to appoint its staff
 Its jurisdiction cannot be curtailed
Separation from Executive

 Jurisdiction and Powers of Supreme Court

1) Original Jurisdiction

 As a Federal court, the Supreme Court decides disputes between different units of the
Indian Federation. More elaborately, any dispute between:
 the Centre and one or more states; or
 the Centre and any state or states on one side and one or more states on the other;
or
 between two or more states.
 In the above federal disputes, the Supreme Court has exclusive original jurisdiction.
 Further, this jurisdiction of the Supreme Court does not extend to the
following: A dispute arising out of any pre-Constitution treaty, agreement,
covenant,
 engagement, sanad or other similar instrument.
 A dispute arising out of any treaty, agreement, etc.,which specifically provides that
the said jurisdiction does not extent to such a dispute.
 Inter-state water disputes.
 Matters referred to the Finance Commission.
 Adjustment of certain expenses and pensions between the Centre and the states.
 Ordinary dispute of Commercial nature between the Centre and the states.
 Recovery of damages by a state against the Centre.

2) Writ Jurisdiction
The Supreme Court is empowered to issue writs, including habeas corpus, mandamus,
prohibition, quo-warranto and certiorari for the enforcement of the fundamental
rights of an aggrieved citizen.
 In this regard, the Supreme Court has original jurisdiction in the sense that an
aggrieved citizen can go directly to the Supreme Court, not necessarily by way of
appeal.
 However, the writ jurisdiction of the Supreme Court is not exclusive. The High Courts
are also empowered to issue writs for the enforcement of the Fundamental Rights.

3) Appellate Jurisdiction

The Supreme Court is primarily a court of appeal and hears appeals against the judgements of
the lower courts. It enjoys a wide appellate jurisdiction which can be classified under four
heads:
 Appeals in constitutional matters
 Appeals in civil matters
 Appeals in criminal matters
 Appeals by special leave

4) Advisory Jurisdiction

The Constitution under Article 143 authorises the President to seek the opinion of the
Supreme Court in the two categories of matters:
 On any question of law or fact of public importance which has arisen or which is likely to
arise.
 On any dispute arising out of any pre-constitution treaty, agreement, covenant,
engagement, sanador other similar instruments.

5) A Court of Record

As a Court of Record, the Supreme Court has two powers:

 The judgements, proceedings and acts of the Supreme Court are recorded for
perpetual memory and testimony. These records are admitted to be of evidentiary
value and cannot be questioned when produced before any court.
 They are recognised as legal precedents and legal references.
 It has power to punish for contempt of court, either with simple imprisonment
for a term up to six months or with fine up to 2,000 or with both.

6) Power of Judicial Review

 Judicial review is the power of the Supreme Court to examine the constitutionality of
legislative enactments and executive orders of both the Central and state
governments.
On examination, if they are found to be violative of the Constitution
(ultra-vires), they can be declared as illegal, unconstitutional and
invalid (null and void) by the Supreme Court. Consequently, they cannot be
enforced by the Government.

 Recent issues in Supreme Court

Master of Roster: It refers to the privilege of the Chief Justice to constitute Benches to
hear cases.
 The controversy has emerged in the Supreme Court over absolute power of Chief
Justice on the judicial administration.
 The SC has upheld a number of times that “the Chief Justice is the master of the
roster and he alone has the prerogative to constitute the Benches of the Court and
allocate cases to the Benches so constituted.”
 Be it the Chief Justice of India or Chief Justice of any high court it is he or she who
heads the administrative side. This includes allocation of matters before a judge as
well.
So, no Judge can take up the matter on his own, unless allocated by the Chief
Justice of India.
 Latest Updates related to the Indian Supreme Court:

 On November 9, 2022, Justice D.Y. Chandrachud will take oath as the 50th Chief
Justice of India.
 15th February 2021: Former Supreme Court Judge, Justice PB Sawant Passed Away
on this day.
 The Supreme Court is examining a petition relating to the Social Media Firm
Facebook and its Messaging Application WhatsApp over their terms of service and
privacy policy that were to be out on February 8th, 2021.
 13th February 2021: Statement from Supreme Court while dismissing a review
petition on the anti-citizenship law protests held in Delhi’s Shaheen Bagh in 2019 –
“Right To Protest Cannot Be Anytime, Everywhere.”

 Supreme Court History

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

 Supreme Court of India – Functions

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

 Supreme Court Jurisdiction

The jurisdiction of the SC is of three types:

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

 Supreme Court Composition

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

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

 The Procedure of the Supreme Court of India

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

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

The seat of Supreme Court

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

 SC Judge Eligibility

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

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

The Constitution has many provisions to ensure the judiciary’s independence. They are
discussed below:

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

HIGH COURT

The High Court stands as the apex judicial body within the State, holding the pivotal
responsibility of interpreting the law, safeguarding fundamental rights, and ensuring the
rule of law prevails across its jurisdiction. Established as a cornerstone of the single
integrated judicial system envisioned by the Indian Constitution, the High Court serves as
the highest judicial authority at both the State and Union Territory levels. This article aims
to study in detail the High Court, including its history, constitutional provisions,
composition, powers, jurisdiction, and other related aspects.

 About High Court

 The High Court is the apex court in the judicial administration of a State under
the integrated judicial system established by the Constitution of India.
 The High Courts have been envisaged as:
o The highest court of appeal in the state
o The guarantor of Fundamental Rights
o The guardian of the Constitution of India, and
o The interpreter of the Constitution of India.

 About Indian Judiciary

 Inspired by the Government of India Act of 1935, the Indian Constitution has
established a single-integrated judicial system with a three-tier structure:
o The Supreme Court
o The High Courts
o The Subordinate Courts (District Courts, and other Lower Courts)
 This single system of courts enforces both Central and State Laws across the
country.

 Constitutional Provisions Related to High Courts

 Articles 214 to 231 in Part VI of the Indian Constitution deal with the provisions
related to the High Courts.
 The constitutional provisions mentioned under these articles deal with
the organization, independence, jurisdiction, powers, and procedures of the
High Courts.
o The Parliament and State Legislature both are authorized to regulate these
provisions.

 Territorial Jurisdiction of High Court

 The Constitution of India provides for a High Court for each State.
 However, the 7th Constitutional Amendment Act of 1956 authorized the
Parliament to establish a common High Court for two or more States or for two or
more States and a Union Territory. For example-
o The Union Territories of Jammu and Kashmir and Ladakh have a common High
Court.
 The territorial jurisdiction of a High Court is co-terminus with the territory of a
State.
 The territorial jurisdiction of a common High Court is co-terminus with the territory
of a State as well as a Union Territory.
 The Parliament can extend the jurisdiction of a High Court to any Union
Territory or exclude the jurisdiction of a High Court from any Union Territory.

 Composition of Judges of High Court

 The Constitution does not specify the strength of a High Court and leaves it to the
discretion of the President.
o Thus, every High Court consists of a Chief Justice and such other Judges as
determined by the President.
 The President determines the strength of a High Court from time to time depending
upon the workload of the High Court.

 Appointment of Judges of High Court

The Chief Justice and other judges of the High Court are appointed by the President of
India as can be seen in the following sections.

Appointment of Chief Justice of High Court

The Chief Justice is appointed by the President after consultation with the Governor of
the concerned State and the Chief Justice of India.

Appointment of Other Judges of High Court

 Other judges of the High Court are appointed by the President after consultation
with the Governor of the State, the Chief Justice of India, and the Chief Justice of
the concerned High Court.
 In the case of a common High Court for two or more States, the Governors of all the
States concerned are consulted by the President of India.
 As per the Second Judges Case (1993), consultation with the Chief Justice of
India means concurrence and advice tendered by the Chief Justice of
India is binding on the President.
 As per the Third Judges Case (1998), the Chief Justice of India should
consult a collegium of 2 senior-most judges of the Supreme Court before
recommending the name to the President.
o The recommendations made by the Chief Justice of India, without consulting
the collegium, are not binding on the President.

 Qualifications of Judges of High Court

A person to be appointed as a judge of a High Court should have the following

qualifications:

 He/she should be a citizen of India, and

 He/she should have
o Held a judicial office in the territory of India for ten years. OR
o Been an advocate of a High Court (or High Courts in succession) for ten
years.

It is to be noted that:

 Unlike in the case of the Supreme Court, the Constitution makes no provision for
the appointment of a distinguished jurist as a judge of a High Court.
 There is no minimum age for appointment as a judge of a High Court prescribed
by the Constitution.

 Oath and Affirmations of Judges of High Court

 The Chief Justice and the Judges of the High Court make and subscribe to an oath or
affirmation before the Governor of the State or some person appointed by him for
this purpose.
 In his/her oath, a judge of a High Court swears:
o to bear true faith and allegiance to the Constitution of India.
o to uphold the sovereignty and integrity of India.
o to duly and faithfully and to the best of his/her ability, knowledge, and
judgment perform the duties of the office without fear or favor, affection or ill-
will.
o to uphold the Constitution and the laws.

 Salaries & Allowances of Judges of High Court

 The salaries, allowances, privileges, leave, and pension of the judges of the High
Court are determined by the Parliament from time to time.
o They cannot be varied to their disadvantage after their appointment except
during a Financial Emergency.

 Tenure of Judges of High Court

The Constitution has not fixed the tenure of a judge of the High Court. However, the
Constitution contains the following four provisions in this regard:

 He/she holds office until he attains the age of 62 years.

o Any question regarding his/her age is to be decided by the President after
consultation with the Chief Justice of India and the decision of the President is
final.
 He/she can resign from his/her office by writing to the President.
 He/she can be removed from his/her office by the President
on the recommendation of the Parliament.
 He/she vacates his/her office when he/she is appointed as a judge of the Supreme
Court or when he/she is transferred to another High Court.

 Removal of Judges of High Court

 A judge of the High Court can be removed from his/her office by an order of the
President.
 They can be removed on the following two grounds:
o proved misbehaviour
o incapacity
 The procedure relating to the removal of a judge of the High Court is regulated by
the Judges Enquiry Act (1968) and is the same as that for a judge of the Supreme
Court.
 As per the Act, the process of removal goes as follows:
o A removal motion signed by 100 members in the case of Lok Sabha or 50
members in the case of Rajya Sabha is to be given to the Speaker/Chairman.
 The Speaker/Chairman may admit the motion or refuse to admit it.
o If the motion is admitted, then the Speaker/Chairman constitutes a three-
member committee to investigate the charges. The Committee consists of:
o the Chief Justice of India or a Judge of the Supreme Court,
o a Chief Justice of a High Court, and
o a distinguished jurist.
o If the committee finds the judge guilty of the charges, then both the Houses of
Parliament can take up the motion for consideration.
 The motion must be passed by both Houses of Parliament with a Special
Majority (50% of the total membership of the House + two-thirds of the
members present and voting).
o Once passed by both Houses of Parliament, an address is presented to the
President for the removal of the judge.
o Finally, the President passes an order, removing the judge.

 Transfer of Judges of High Court

 The President of India can transfer a judge of one High Court to another High
Court after consulting the Chief Justice of India.
 As per Third Judges Case (1998), in case of transfer of a judge of the High Court,
the Chief Justice of India should consult, in addition to a collegium of 4
seniormost judges of the Supreme Court, the Chief Justices of the two High
Courts concerned.
 o The sole opinion of the Chief Justice of India does not constitute the consultation
process.

 Acting, Additional and Retired Judges of High Court

Acting Chief Justice

 The President of India can appoint a judge of the High Court as acting Chief
Justice of the High Court when:
o the office of Chief Justice of the High Court is vacant, or
o the Chief Justice of the High Court is temporarily absent, or
o the Chief Justice of the High Court is unable to perform the duties of his/her
office.

Acting Judge

 The President can also appoint a duly qualified person as an acting judge of a High
Court when a judge of that High Court is:
o unable to perform the duties of his/her office due to absence or any other
person
o appointed to act temporarily as Chief Justice of that High Court.
 An acting judge holds office until the permanent judge resumes his/her office.
However, he/she cannot hold office after attaining the age of 62 years.

Additional Judge

 The President can appoint duly qualified persons as additional judges of a High
court for a temporary period not exceeding two years when:
o there is a temporary increase in the business of the High Court,
o there are arrears of work in the High Court.
o An additional judge cannot hold office after attaining the age of 62 years.

Retired Judges

 The Chief Justice of a High Court of a State can request a retired judge of that
High Court or any other High Court to act as a judge of the High Court of that State
for a temporary period.
 The Chief Justice of a High Court of a State can do so only with the previous
consent of the President and also of the person to be so appointed.
 Allowances of such a judge are determined by the President of India.
 He/she enjoys all the jurisdiction, powers, and privileges of a judge of that High
Court. But, he/ she will not otherwise be deemed to be a judge of that high court.

 Jurisdiction and Powers of High Court

The Constitution does not contain detailed provisions w.r.t. the jurisdiction and
powers of a High Court. It only lays down that the jurisdiction and powers of a High
Court are to be the same as immediately before the commencement of the Constitution,
with some additions such as revenue matters, writ jurisdiction, power of
superintendence, consultative power, etc.

The present jurisdiction and powers of a High Court are governed by multiple sources,
including:

 the constitutional provisions,

 the Letters Patent,
 the Acts of Parliament,
 the Acts of State Legislature,
 the Indian Penal Code, 1860,
 the Criminal Procedure Code, 1973, and
 the Civil Procedure Code, 1908.

The extensive jurisdiction and powers of the High Court can be classified into the
following categories:

Original Jurisdiction

The original jurisdiction of the High Court i.e. its power to hear disputes in the first
instance, not by way of appeal, includes the following:

 Disputes relating to the election of members of Parliament and State Legislatures.

 Regarding revenue matters or an act ordered or done in revenue collection.
 Enforcement of fundamental rights of citizens.
 Cases ordered to be transferred from a subordinate court involving the
interpretation of the Constitution to its own file.
 The four High Courts (i.e., Calcutta, Bombay, Madras and Delhi High Courts) have
original civil jurisdiction in classes of higher value.

Writ Jurisdiction

 As per Article 226 of the Indian Constitution, the High Court is empowered to issue
writs for the enforcement of Fundamental Rights and any ordinary legal right.
 The writ jurisdiction of the High Court is not exclusive but concurrent with the
writ jurisdiction of the Supreme Court.
o It means, when the fundamental rights of a citizen are violated, the aggrieved
party has the option of moving either the High Court or the Supreme Court
directly.
 However, the writ jurisdiction of the High Court is wider than that of
the Supreme Court.
o While the Supreme Court can issue writs only for the enforcement of
fundamental rights, the High Court can issue writs for the enforcement of
Fundamental Rights as well as any ordinary legal right.

Appellate Jurisdiction
 The High Court is primarily a court of appeal and hears appeals against the
judgments of Subordinate Courts functioning within the territorial jurisdiction
of the State.
 The Appellate Jurisdiction of the Supreme Court can be classified under the
following two heads:

 Appeals in Civil Matters

 The civil appellate jurisdiction of a High Court is as follows:

o First appeals from the orders and judgments of the district courts, additional
district courts, and other subordinate courts lie directly to the high court, on
both questions of law and fact.
o Second appeals from the orders and judgments of the district court or other
subordinate courts lie to the high court in the cases involving questions of law
only, and not questions of fact.
o Some High Courts have provision for intra-court appeals.
 Under this, when a single judge of the High Court has decided a case, an
appeal from such a decision lies to the division bench of the same High
Court.
o Appeals from the decisions of the administrative and other tribunals lie to
the division bench of the State High Court.

 Appeals in Criminal Matters

 Appeals from the judgments of Sessions Court and Additional Sessions Court lie to
the High Court if the sentence is one of imprisonment for more than seven
years.
o A death sentence or capital punishment awarded by a Sessions Court or an
Additional Sessions Court should be confirmed by the High Court before it
can be executed, whether there is an appeal by the convicted person or not.

Supervisory Jurisdiction

 A High Court has the power of superintendence over all courts and tribunals
functioning in its territorial jurisdiction, except military courts or tribunals.
 This power of superintendence of a High Court extends to all courts and tribunals
whether they are subject to the appellate jurisdiction of the High Court or not.
 The following points are to be noted w.r.t. the Supervisory Jurisdiction of High
Courts:
o It covers not only administrative superintendence but also judicial
superintendence,
o it is a revisional jurisdiction,
o it can be suo-motu (on its own) and not necessarily on the application of a party.

Control over Subordinate Courts

A High Court has administrative control and other powers over the Subordinate Courts,
which include the following:
 It is consulted by the Governor in the matters of appointment, posting and
promotion of district judges and in the appointments of persons to the judicial
service of the state (other than district judges).
 It deals with the matters of posting, promotion, grant of leave, transfers, and
discipline of the members of the judicial service of the state (other than district
judges).
 It can withdraw a case pending in a subordinate court if it involves a substantial
question of law that requires the interpretation of the Constitution. It can then either
dispose of the case itself or determine the question of law and return the case to the
subordinate court with its judgment.
 Its law is binding on all subordinate courts functioning within its territorial
jurisdiction in the same sense as the law declared by the Supreme Court is binding
on all courts in India.

A Court of Record

As a Court of Record, the High Court has the following powers:

 The judgments, proceedings, and acts of the Supreme Court are recorded for
perpetual memory and testimony. These records are admitted to be of
evidentiary value and cannot be questioned when produced before any court.
o Thus, these judgments are recognized as legal precedents and legal
references.
 It has the power to punish for contempt of not only itself but also contempt
of subordinate courts.
o However, a High Court shall NOT take cognizance of a contempt alleged to have
been committed in respect of a subordinate court, where such contempt is an
offense punishable under the Indian Penal Code, 1860.
 The power to review and correct its own judgment, order, or decision.
o It is to be noted that while the Constitution specifically confers the power of
review on the Supreme, such specific power of review has not been
conferred on the High Courts by the Constitution.

Power of Judicial Review

 It refers to the power of the High Court to examine the constitutionality of

legislative acts and executive orders of both the Central and the State
Governments.
o If, on examination, they are found to be violative of the Constitution, they will
be declared illegal, unconstitutional, null, and void by the High Court.

 Independence of High Courts

The Constitution has made the following provisions to safeguard and ensure the
independent and impartial functioning of High Courts:

 Mode of Appointment – The judges of the High Court are appointed by the
President in consultation with the members of the judiciary itself. This ensures that
the judicial appointments are not based on any political or practical considerations.
  Security of Tenure – The judges of the High Court have been given security of
tenure. They can be removed by the President only in the manner and on the
grounds mentioned in the Constitution.
 Fixed Service Conditions – The service conditions of the judges of the High Court
cannot be changed to their disadvantage after their appointment, except during a
Financial Emergency.
 Expenses Charged on Consolidated Fund – The salaries and allowances of the
judges of a High Court are charged on the Consolidated Fund of the State and are
non·votable by the State Legislature.
o Note: the pension of a High Court judge is charged on the Consolidated Fund of
India, not the Consolidated Fund of State.
 Bar on Parliamentary Interference – The conduct of judges of the High Court in
the discharge of their duties cannot be discussed in Parliament or State Legislature,
except when an impeachment motion is under consideration by the Parliament.
 Ban on Post-Retirement Practice – The retired judges of the High Court are
prohibited from pleading or acting in any court or before any authority within the
territory of India, except the Supreme Court and the other High Courts.
o This ensures that they do not favor anyone in the hope of future favor.
 Power to Punish for its Contempt – The High Court can punish any person for its
contempt. Thus, its actions and decisions cannot be criticized and opposed by
anybody.
 Freedom to Appoint its Staff – The Chief Justice of a High Court can appoint
officers and servants of the High Court and prescribe their service conditions,
without any interference from the Executive.
 Protection of Jurisdiction – The Parliament and State Legislature are not
authorized to curtail the jurisdiction and powers of the High Court.
o However, the Parliament can extend the same.

High Courts under the Constitution of India, 1950

 Introduction
Chapter V of the Constitution of India, 1950 (COI) provides for the High Courts in the
States. Section 214-Section 232 of the COI are provided for under this Part.

 Constitution of High Courts

 Article 214 of the COI provides that there shall be a High Court for every State.
 Article 231 of the COI provides that the Parliament may by law establish a common
High Court for two or more States or for two or more States and a Union Territory.
 Article 216 of the COI provides that every High Court shall consist of a Chief Justice
and such other judges as the President may from time to time deem it necessary to
appoint.

 High Court to be Court of Record

 Article 215 provides that every High Court shall be a Court of Record.
o It also provides that the High Court shall have the power to punish for contempt of
itself.
o However, this is a summary power and used sparingly under pressing circumstances.
  Qualification of a Judge of High Court
 Article 217(2) of the COI provides for qualifications of a judge of High Court.
 These are:
o At least 10 years held a judicial office in the territory of India.
o At least 10 years has been an advocate of a High Court or of two or more High Courts in
succession.
 As per Article 217(1) of COI a High Court judge shall remain in office till he attains
the age of 62 years.
 As per Article 217(3) of COI if any question arises as to the age of the judge of a High
Court, the question shall be decided by the President after consultation with the Chief
Justice of India and the decision of the President shall be final.

 Removal of High Court Judge

 Article 217(1) of the COI provides that:
o A judge may resign from his office by writing under his hand addressed to the
President.
o The office of a Judge is vacated by his being appointed by the President to be a Judge of
the Supreme Court or by his being transferred by the President to any other High Court
within the territory of India.
o The judge may be removed in the manner provided by (4) of Article 124 (Removal of
Judge of a Supreme Court).
 Article 218 provides that the provisions of Clauses (4) and (5) of Article 124 shall apply
in relation to the High Court as they apply in relation to the Supreme Court.

 Oath and Salaries of High Court Judges

 Article 219 of the COI provides that every person to be appointed as a judge shall
make and subscribe oath before the Governor of the State and the oath shall be in the
form set in the Third Schedule.
 Article 221 provides that the salaries of High Court judges shall be determined by
Parliament by law and until the provision in that behalf is made such salaries as are
specified in Second Schedule.

 Jurisdiction of High Courts

 Article 225 of the COI preserves the pre-constitutional jurisdiction of the High Court.
 The different jurisdiction of High Courts are as follows:
o Original Jurisdiction:
 Article 226(1) of the COI states that every High Court shall have powers to issue
orders or writs including habeas corpus, mandamus, prohibition, quo warranto, and
certiorari, to any person or any government for the enforcement of fundamental
rights and other purpose.
 Article 226(2) states that the High Court has the power to issue writs or orders to
any person, government, or authority -
 Located within its jurisdiction or
 Outside its local jurisdiction if the circumstances of the cause of action arise either
wholly or partly within its territorial jurisdiction.
 Article 226(3) states that when an interim order is passed by a High Court by way of
injunction, stay, or by other means against a party then that party may apply to the
 court for the vacation of such an order and such an application should be disposed of by
the court within the period of two weeks.
 Article 226(4) says that the power granted by this article to a high court should
not diminish the authority granted to the Supreme Court by Clause (2) of Article
32.
 This Article can be issued against any person or authority, including the
government.
 This is merely a constitutional right and not a fundamental right and cannot be
suspended even during an emergency.
 Article 226 is of mandatory nature in case of fundamental rights and discretionary
nature when it is issued for “any other purpose”.
 It enforces not only fundamental rights, but also other legal rights.
 Writ of Habeas Corpus:
 It is a Latin phrase which means ‘to have a body or to produce a body’.
 This is the most often used writ.
 When a person is wrongfully held by the government, that person, or his family or
friends, can file a writ of Habeas Corpus to have that person released.
 Writ of Mandamus:
 It is a Latin phrase that translates to ‘we command.’
 Mandamus is a judicial command issued to perform public duty.
 The only requirement for using this writ is that there should be a mandatory public
duty.
 Writ of Certiorari:
 It is a Latin phrase that means ‘to be informed.’
 It is a command or order issued by the Higher Court to the inferior court.
 It is issued when the inferior courts violate the principles of natural justice.
 The Superior Court can quash the order given by the inferior court, if it finds any
error.
 Writ of prohibition:
 It simply means ‘to stop’.
 This writ is issued against the inferior court (i.e., subordinate courts, tribunals, quasi-
judicial bodies) by the Higher Courts.
 Writ of Quo warranto:
 The term Quo warranto means ‘by what authority’.
 It is issued against a private person by what authority he is holding the office on which
he has no right.
 By this writ, the Court can control the public official appointment, and protect a
citizen from being deprived of a public office to which he may be entitled.
o Appellate jurisdiction:
 A High Court is essentially a Court of Appeal and has appellate jurisdiction over
subordinate Courts.
 The Court of Appeal may reduce the sentence or even acquit the accused against the
judgment of a lower Court.
 Article 228 of COI provides that if the High Court is satisfied that in a case pending in a
Court subordinate to it involves a substantial question of law as to the interpretation of
the Constitution it shall withdraw the case and may:
 Either dispose of the case itself, or
 Determine the said question and return the case to the Court from which it has been
withdrawn.
o Power of Superintendence:
 As per Article 227 of the COI the High Court shall have superintendence over all
Courts and Tribunals throughout the territory of India.
 The power of superintendence includes a revisional jurisdiction to intervene in cases
of gross injustice or non-exercise or abuse of jurisdiction even though no appeal or
revision against the order was available.
 This power of superintendence is wider than the power conferred on the High Court to
control inferior Corts through writs under Article 226.
 The power is confined not only to administrative superintendence (calling of returns,
rules for regulating the practice and proceedings of the lower Courts) but also judicial
superintendence.
o Disciplinary Jurisdiction:
 Every High Court has full control over its staff.
 As per Article 235 of the COI the High Court has disciplinary jurisdiction over
subordinate Courts.

 Officers and Servants of High Court

 Section 229(1) of the COI provides that appointments of officers and servants of a
High Court shall be made by the Chief Justice of the Court or such other Judge or
officer of the Court as he may direct.
 Section 229(2) provides that subject to the provisions of any law made by the
Legislature of the State, the conditions of service of officers and servants of a High Court
shall be such as may be prescribed by rules made by the Chief Justice of the Court or by
some other Judge or officer of the Court authorised by the Chief Justice to make rules for
the purpose:
 Provided that the rules made under this clause shall, so far as they relate to salaries,
allowances, leave or pensions, require the approval of the Governor of the State.
 Section 229 (3) provides that the administrative expenses of a High Court, including all
salaries, allowances and pensions payable to or in respect of the officers and servants of
the court, shall be charged upon the Consolidated Fund of the State, and any fees or
other moneys taken by the Court shall form part of that Fund.
 UNIT:-18 PARTS, SCHEDULES, SOURCES OF INDIAN CONSTITUTION

The Schedules Of the Indian Constitution are additional provisions that provide detailed
information about various aspects of the constitution. There are 12 schedules Of the
Indian Constitution in addition to 25 parts. This totals 395 articles at its
commencement in 22 parts and 8 schedules. These schedules are an essential part of
the constitution and an integral component of the legal framework governing India.

 Introduction to Schedules of the Indian Constitution

The schedules contain important information about territories, the allocation of seats in
the Rajya Sabha, the administration and control of scheduled areas and tribes, the
distribution of powers between the Central government and state governments, and the
emoluments and privileges of high-ranking officials.

The schedules are not included in the constitution. Instead, they are maintained as
separate documentation. It should be noted that though the Schedules of the Indian
Constitution are not in the constitution, they are part of it. Only eight schedules were in
the Indian Constitution at the time of enactment in November 1949.

Later the ninth schedule was added by the first Constitutional Amendment Act of 1951.
In 1985, the 52nd Constitutional Amendment Act included the tenth schedule, which
deals with the anti-defection law.

After seven years, in 1992, two consecutive Constitutional Amendments Acts were
passed, i.e. 73rd and 74th, under which the 11th and 12th schedules were added to the
Indian Constitution, respectively.

 List Of 12 Schedules Of the Indian Constitution

Here is the list of 12 schedules of the Indian Constitution

Schedule Subject Dealt Articles

Covered
First Schedule o Part-1: The Union and its Territories Article 1
o Lists the States name and their territorial jurisdiction
o Lists the Union Territories name and their territorial extent. Article 4

Second Schedule It deals with the provisions relating to the emoluments, allowances and Article 59
privileges of:
Article 65
o The President of India
o The Governors of Indian States Article 75
o The Speaker and the Deputy Speaker of Lok Sabha
o The Chairman and the Deputy Chairman of Rajya Sabha Article 97
o The Speaker and the Deputy Speaker of the State Legislative
Assemblies Article 125
o The Chairman and the Deputy Chairman of the State Legislative
 Assemblies Article 148
o The Judges of the Supreme Court
o The Judges of the High Court Article 158
o The Comptroller and Auditor General of India
Article 164

Article 186

Article 221
Third Schedule It consists of the forms of oath or affirmations for: Article 75

o The Union Ministers Article 84

o The Candidates of Parliamentary elections
o Members of the Parliament Article 99
o The Judges of the Supreme Court
o The Comptroller and Auditor General of India Article 124
o The State Ministers
o The Candidates of State Legislature elections Article 146
o Members of the State Legislature
o The Judges of the High Court Article 173

Article 188

Article 219
Fourth Schedule It deals with provisions related to the allocation of seats in the Rajya Sabha Article 4
to the States and Union Territories
Article 80
Fifth Schedule It consists of the provisions related to the administration and control of Article 244
scheduled areas and scheduled tribes in India
Sixth Schedule This schedule deals with the provisions related to the administration of Article 244
tribal areas in the states of
Article 275
o Assam
o Meghalaya
o Tripura
o Mizoram

Seventh Schedule It consists of three lists which divide the power between the Union and the Article 246
States.

o List I – Union List

o List II – State List
o List III – Concurrent List

Eighth Schedule It consists of a list of 22 Indian languages which are recognized by the Article 344
Indian Constitution
Article 351
o Assamese
 o Bengali
o Bodo
o Dogri (Dongri)
o Gujarati
o Hindi
o Kannada
o Kashmiri
o Konkani
o Mathili (Maithili)
o Malayalam
o Manipuri
o Marathi
o Nepali
o Oriya
o Punjabi
o Sanskrit
o Santhali
o Sindhi
o Tamil
o Telugu
o Urdu

Ninth Schedule The acts and regulations passed by the State Legislatures related to land Article 31-
reforms and the abolition of the Zamindari System are described under this B
schedule.

The acts and regulations of Parliament dealing with other matters are also
dealt with in this schedule.
Tenth Schedule It deals with the provisions related to anti-defection law i.e. the members of Article 102
Parliament and State Legislature can be disqualified on the ground of
defection. Article 91
Eleventh Schedule 29 matters related to the power, authority and responsibilities of Article
Panchayats are described in this Schedule. 243-G
Twelfth Schedule 18 matters related to Municipalities’ power, authority and responsibilities Article
are described in this Schedule. 243-W

Parts and Subject of indian Constitution Articles

Part I – The Union and its Territories 1–4

Part II – Citizenship 5 -11

Part III – Fundamental Rights 12 – 35

Part IV – Directive Principles of State Policy 36 – 51

Part IV A – Fundamental Duties 51A

Part V – The Union 52 – 151

Part VI – The States 152 – 237

Part VII – The States in Part B of First Schedule 238 [Repealed]

Part VIII – The Union Territories 239 – 242

Part IX – The Panchayats 243 – 243O

Part IXA – The Municipalities 243P – 243ZG

Part IXB – The Co-operative Societies 243ZH – 243ZT

Part X – The Scheduled and Tribal Areas 244 – 244A

Part XI – Relation between the Union and the States 245 – 263

Part XII – Finance, Property, Contracts and Suits 264 – 300A

Part XIII – Trade, Commerce and Intercourse within the territory of India 301 – 307

Part XIV – Services Under the Union and the States 308 – 323

Part XIVA – Tribunals 323A – 323B

Part XV – Elections 324 – 329A

Part XVI – Special provisions relating to certain classes 330 – 342

Part XVII – Official language 343 – 351

Part XVIII – Emergency Provisions 352 – 360

Part XIX – Miscellaneous 361 – 367

Part XX – Amendment of the Constitution 368

Part XXI – Temporary, Transitional and Special Provisions 369 – 392

Part XXII – Short Title, Commencement, Authoritative Text in Hindi and Repeals 393 – 395

Important Sources of the Indian Constitution

 The Constitution of India is the backbone of democracy in our country. It is an

umbrella of rights that gives the citizens an assurance of a free and fair society.
 The Constituent Assembly adopted the Constitution on 26th November 1949 and it
came into effect on 26th of January 1950.
 Sources:

1. Government of India Act 1935

The Constitution of 1950 was a by-product of the legacy started by the Government of
India Act 1935. This was the longest act passed by the British government with 321
sections and 10 schedules. This act had drawn its content from four sources – Report of
the Simon Commission, discussions and deliberations at the Third Round Table
Conference, the White Paper of 1933 and the reports of the Joint select committees.

This act abolished the system of provincial dyarchy and suggested the establishment of
dyarchy at the centre and a ‘Federation of India’ consisting of the provinces of British
India and most of the princely states.

Most importantly, the act established the office of the Governor; all the executive
powers and authority of the centre was vested in the Governor.

Some features of the Government of India Act 1935 were:

 Federal Legislature: The act suggested that the legislature will have two houses,
i.e., the Council of States and a Federal Assembly. The Council of States was the
upper house which was a permanent body with a tenure of three years and
composed of 260 members of which 156 were representatives of British India and
101 of the Princely Indian states. The Federal Assembly was the lower house with
a tenure expanding up to five years and its composition included 250
representatives of British India and 125 members from Princely states.
 Provincial Autonomy: This act enabled the Provincial Governments to be
responsible only to Provincial Legislatures and helped them break free from
external control and intrusion. It was with the establishment of this act that the
powers between the centre and provinces were divided in terms of three lists –
Federal list (59 items for the Centre), Provincial list (54 items for Provinces) and
Concurrent list (36 items for both). The Residuary powers were handed over to the
Viceroy.
2. The United Kingdom

A lot of concepts and features of the Indian Constitution have its roots in Great Britain.
Some of those are:
 Parliamentary form of government: In such form of government, the country is
governed by a cabinet of ministers led by the Prime Minister. The Prime Minister is
the head of the government whereas the President i.e. the nominal head, is the
head of the state. The main feature of the parliamentary form of government is the
availability of one or more opposition parties that exists to keep a check on the
ruling party and its functioning.
 Rule of Law: This basically states that a State is not governed either by the
representatives or by the people but only by the law of that country. The concept
of rule of law states that everyone is equal before the law; even the ones making
it. Article 14 of the Indian Constitution codifies the rule of law.
Article 14: Right to Equality; The State shall not deny to any person equality before
the law or the equal protection of the laws within the territory of India.

 The idea of a single citizenship: This implies that a person born or migrated to
Indian Territory can enjoy the political and civil rights of India alone and no other
country at the same time. Therefore, India does not allow dual citizenship. Indian
state also does not recognize state citizenship implying that there should not be
any demarcation made between the citizens of two or more states within the
territory of India.
 Writs: The Supreme Court and High Courts in India has the power to issue writs in
order to make the Right to Constitutional Remedies [Article 32 to 35] available
to the citizens. There are five writs – Habeas Corpus (produce the detained
person before the court and release him if detention is found
illegal),Mandamus (an order from the Supreme Court or the High Court to a lower
court to perform public duty), Certiorari (SC or HC issues the writ for quashing
the order already passed by an inferior court), Prohibition (issued by the SC or
the HC to a lower court to stop the latter from continuing with the procedures)
and Quo-Warranto (restrains a person from holding a public office he is not
entitled to hold). The Indian Constitution provides for these writs in Articles 32
and 226.
Article 32 (1): The right to move the Supreme Court by appropriate proceedings for
the enforcement of the rights conferred by this Part is guaranteed.

Article 32 (2): The Supreme Court shall have power to issue directions or orders or
writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari, whichever may be appropriate, for the enforcement of any
of the rights conferred by this Part.

Article 226 (1): Notwithstanding anything in Article 32 every High Court shall have
power, throughout the territories in relation to which it exercises jurisdiction, to
issue to any person or authority, including in appropriate cases, any Government,
within those territories directions, orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of
them, for the enforcement of any of the rights conferred by Part III and for any other
purpose.

3. The United States of America

Some of the features borrowed from the USA are:

 Fundamental Rights: Articles 12 to 32 of the Indian Constitution contains all

the fundamental rights. Fundamental rights are the basic human rights given to
the citizens of the country to assure them an equal stance in society. The six
fundamental rights are – Right to Equality, Right to Freedom, Right against
Exploitation, Right to Freedom of Religion, Cultural and Educational Rights and
Right to Constitutional Remedies.
 Judicial Review: The provision of Judicial Review gives the judiciary an upper
hand in interpreting the Constitution. The judiciary can thus nullify any order by
the legislature or executive if that order is in conflict with the Constitution of the
country.
 The Basic Structure Doctrine, is an Indian judicial principle asserting that the
power of the Parliament to amend the Constitution is limited by the Constitution.
 It means that the Constitution has several basic features that cannot be
amended.
 This applies only to Constitutional amendments and not to ordinary acts of the
Parliament.
 The initial stand of the Supreme court, that any part of the Constitution is
amendable, whilst in compliance with the article 368, including the Fundamental
Rights and the Article 368 was first challenged by Justice JR Madholkar in the year
1964, in his dissent of the Sajjan Singh vs State of Rajasthan judgement.
 The Kesavananda Bharati vs State of Kerala proceedings (1973), a landmark ruling,
answered one main question: Was the power of the Parliament to amend any part
of the Constitution unlimited? This judgement ruled that the Constitution
cannot be amended so as to affect the basic structure, in contrast to the
earlier judgement in the 1967 Golaknath case, which had concluded that the
Parliament cannot amend so as to take away the Fundamental Right of a citizen.
 Indira Gandhi violated the Doctrine with Emergency in 1975 and tried to
prevent her prosecution by the 39th amendment . Chief Justice Ray attempted to
review the Kesavananda Bharati judgement by calling a bench of 13 Judges,
including himself, but within two days, he was narrowed down by a majority of
12:1; and the 39th and 41st amendment were struck down.

 Impeachment of the President and Removal of Judges: Article 61 of the Indian

Constitution provides for the impeachment of the President through legislative
procedures carried out by the two houses of the Parliament. Article 124 (4) of the
Indian Constitution and the provisions of the Judges Inquiry Act of 1968 deal
with the removal of judges.
Article 124 (4): A Judge of the Supreme Court shall not be removed from his office except by
an order of the President passed after an address by each House of Parliament supported
by a majority of the total membership of that House and by a majority of not less than two-
thirds of the members of that House present and voting has been presented to the President
in the same session for such removal on the ground of proved misbehaviour or incapacity.
4. Ireland

The main feature borrowed from the Irish Constitution is the provision of the Directive
Principles of State Policy (DPSP). The DPSP are listed in the Part IV of the Indian
Constitution and it clearly states that it is the duty of the State to apply these principles
in the process of law making. There are mainly three categories of these principles –
Socialist Directives, Gandhian Directives and Liberal Intellectual Directives. The
procedure for the nomination of members to the Rajya Sabha is also borrowed from
Ireland.

5. Canada

The provisions of a Federation with a strong centre, Residuary powers of the

Centre, appointment of State governors by the Centre and the advisory jurisdiction of
the Supreme Court, have all been borrowed from the Canadian constitution. Article
248 of the Indian Constitution states that the Parliament has the sole power to make
laws regarding any item not mentioned in the Union and State lists respectively. Article
143 provides for an advisory jurisdiction for the Supreme Court. Under this provision,
the President may seek opinion of the Supreme Court on public matters and the
Supreme Court may then further give its opinion after studying the case properly.

6. France

The Indian Preamble borrowed its ideals of Liberty, Equality and Fraternity from the
French Constitution. The Indian state came to be recognized as the ‘Republic of India’ in
the lineage of the Constitution of France.

7. Australia

The Constitution of Australia lent us the provisions of Freedom of Trade and

Commerce within the country and between the states. The provisions of the same are
laid down in the Articles 301-307 of the Indian Constitution. We also received the
provisions of the Concurrent list and the joint sitting of both the houses of Parliament
from Australia.

8. South Africa and Germany

While the Constitution of South Africa gave us the provisions of the procedure of the
amendment and the Election of the Rajya Sabha members, the German Constitution,
gave us the provision of suspension of fundamental rights during emergency.

These were the major sources of the Indian Constitution. As the father of our
Constitution and the Chairman of the Drafting Committee, Dr. B.R. Ambedkar said, “As to
the accusation that the Draft Constitution has [re]produced a good part of the provisions of
the Government of India Act, 1935, I make no apologies. There is nothing to be ashamed of
in borrowing. It involves no plagiarism. Nobody holds any patent rights in the fundamental
 ideas of a Constitution….”

Major Sources of Indian Constitution

Provisions Source/country

 Preamble
 Fundamental Rights
 Federal structure of government
 Electoral College
 Independence of the judiciary and separation of
Constitution of the United States powers among the three branches of the
government
 Judicial review
 President as Supreme Commander of Armed
Forces
 Equal protection under law

 Parliamentary form of government

 The idea of single citizenship
 The idea of the Rule of law
British constitution  Writs
 Institution of Speaker and his role
 Lawmaking procedure
 Procedure established by Law

 A quasi-federal form of government —

a federal system with a strong central government

Canadian constitution  Distribution of powers between the central

government and state governments
 Residual powers retained by the central
government

 Directive Principles of State Policy

Irish constitution (Ireland)  Nomination of members to Rajya Sabha
 Method of Election of President
French constitution  Republic and the ideals of Liberty, Equality and
Fraternity in the Preamble

 Freedom of trade and commerce within the

country and between the states

Australian constitution  Power of the national legislature to make laws for

implementing treaties, even on matters outside
normal Federal jurisdiction
 Concurrent List

 Fundamental Duties under Article 51-A

Constitution of Soviet Union (USSR)  A Constitutionally mandated Planning
Commission to oversee the development of the
economy

 Procedure for amendment

Constitution of South Africa
 Election of Rajya Sabha members

 Emergency powers to be enjoyed by the Union

Constitution of Germany  Suspension of Fundamental Rights during
emergency.

 Fundamental Duties
Constitution of Russia  Idea of Social, Economic, and Political Justice in
Preamble

Constitution of Japan  Procedure Established by Law

 Federal Scheme
 Emergency Provisions
 Public Service Commissions
Government of India Act 1935
 Office of Governor
 Judiciary
 Administrative Details
 UNIT:- 19 MAKING OF THE INDIAN CONSTITUTION
The Indian Constitution is codified, written in a single document, and enacted by a
single body. The Indian Constitution was adopted on November 26, 1949, and the
members of Parliament signed it on January 24, 1950. The Indian Constitution is
Supreme, an amalgamation of rigidity and flexibility. The Constituent Assembly had
written, debated, and finalized the constitution between December 1946 and January
1950. The making of the Indian Constitution involved a lot of consensus. This lengthy
document, comprising 395 articles and 8 schedules, set out the architecture of the new
state.

 Making of the Indian constitution

The British ruled India for over 200 years. In 1928, a committee was formed to draft a
constitution for India. The committee's report, known as the Nehru Report, was
published in 1929. After World War II, the British government granted India
independence in 1947. The Constituent Assembly of India was elected in 1946. Its task
was to draft a constitution for the newly independent country. The Constitution of India
was adopted on November 26, 1949, and it came into effect on January 26, 1950.

The making of the Indian Constitution was a long and complex process. It was a time of
great political and social change in India. The framers of the Constitution had to balance
the competing demands of different groups and interests. They also had to take into
account the country's unique history and culture. The result was a Constitution that is
considered to be one of the most progressive and democratic constitutions in the world.

 Developments During the Making of the Indian constitution

The Indian Constitution was drafted by the Constituent Assembly, which was elected by
elected members of the provincial assemblies. The 389-member assembly (reduced to
299 after the partition of India) took almost three years to draft the constitution,
holding eleven sessions over a 165-day period. It has taken a lot of cues from other
countries’ constitutions. Taking inspiration and Sources from various Constitutions, on
the other hand, does not make it secondhand. Furthermore, there was little to draw
from in the way of a model.

Developments During the Making of the Indian constitution

Dates Developments during the making of independent India’s constitution
1934 MN Roy gave the idea of a constituent assembly for framing the Indian constitution.
1935 This idea of forming a constituent assembly was supported by leaders of the Indian National
Congress, and demand was put forward.
1938 Jawaharlal Nehru, on behalf of the Indian National Congress, demanded that the constituent
assembly consist of Indians only.
1940 Britishers accepted this demand in the August offer.
1942 Before the Quit India movement, Cripps’s mission said that the formation of a constituent
assembly would be after World War II (1939-1945).
1946 The Cabinet mission formed a constituent assembly.

Constituent assembly had 389 seats (296 British India and 93 Princely states)

Majority seats by Congress-208

9th Dec 1946 The first meeting of the constituent assembly took place with 211 members.

The first President of the assembly was Dr Sachidanand Sinha.

11th Dec Permanent President Dr Rajendra Prasad.
1946
Vice President H. C. Mukherjee

Constitutional advisor B. N. Rao

13th Dec Objective resolution was given by Jawaharlal Nehru, who laid the philosophical structure of
1946 the Indian constitution. It was passed on 22nd July 1947.
3rd June Lord Mountbatten planned for two constituent assemblies.
1947
The number of seats was reduced to 299.

The first Parliament of India – the constituent assembly was formed.

The first speaker of Independent India- G.V. Malvankar.

Chairman of constituent assembly Dr Rajendra prasad.

26th The Constitution of India was made.
November
1949

 About the Constituent Assembly

The Constituent Assembly was an assembly of elected representatives who drafted the
document of the constitution. Elections to this Assembly were held in July 1946, and its
first meeting was held in December 1946. Due to partition, the constituent assembly
was also divided. It comprised 299 members that adopted the constitution on 26
November 1947, which came into effect on 26 January 1950.

The constituent assembly had the responsibility for framing the constitution of India. It
functioned from Dec 1946 to Nov 1949. There were 8 Major committees and 15 minor
committees in the constituent assembly for different subjects. It conducted 11 sessions
to discuss different issues related to the formation of the constitution.

 Composition of the Constituent Assembly

Total Number of Seats in Constituent Assembly – 389 Seats (292 Seats – British
Provinces and 93 seats – Princely states). The British provinces were divided into three
principal communities comprising Muslims, Sikhs, and general. The members of that
particular community elected representatives of each community for assembly. Later,
 due to the partition of India, some territories were transferred to Pakistan. This reduced
the number of seats to 299. The method of election was through proportional
representation, where 1 seat represented nearly 10 lakh people.

 Features and Functions of the Constituent Assembly

The Provincial Legislative Assembly elected 292 members, while the Indian States had a
maximum of 93 seats. Seats in each province were distributed proportionally among the
Muslim, Sikh, and General committees based on their respective populations. Members
of each Provincial Legislative Assembly community selected their representatives using
the proportional representation method and a single transferable vote. The heads of the
princely states chose representatives.

On December 13, 1946, Jawaharlal Nehru introduced the Objectives Resolution,

marking the formal beginning of the Constituent Assembly's task of drafting the Indian
Constitution. The resolution aimed to declare India as an Independent Sovereign
Republic and draft a Constitution for its future administration. The resolution outlined
fundamental principles to guide the Constituent Assembly's work passed on January 22,
1947. Gradually, delegates from princely states joined the Assembly, formally
established on April 28, 1947, with representatives from six states.

Following the acceptance of the Mountbatten Plan for the partition of the country on
June 3, 1947, delegates from most other princely states assumed their seats in the
Assembly. The Constituent Assembly was responsible for the following tasks in addition
to drafting the Constitution and adopting ordinary laws:

 It corrected the Commonwealth’s membership enrolment in May 1949.

 On July 22, 1947, it adopted the national flag.
 On January 24, 1950, it adopted the national anthem.
 On January 24, 1950, it chose Dr. Rajendra Prasad as India’s first President.

 Committees of the Constituent Assembly

Here is a brief overview of the committees of the Constituent Assembly of India:

Committees of the Constituent Assembly

Committee Name Responsibilities Chairperson
Drafting Committee Drafting the actual text of the Dr. B.R. Ambedkar
Constitution.
Union Power Committee Drafting provisions related to the Jawaharlal Nehru
central government.
Provincial Constitution Committee Drafting provisions related to state Vallabhbhai Patel
governments.
Advisory Committee on Fundamental Drafting provisions related to Vallabhbhai Patel
Rights, Minorities and Tribal and fundamental rights, minorities, and
Excluded Areas tribal areas.
States Committee Negotiating with princely states for Jawaharlal Nehru
their integration into the Indian
 Union.
Rules of Procedure Committee Drafting rules of procedure for the Rajendra Prasad
Constituent Assembly.
Finance and Staff Committee Managing Constituent Assembly Rajendra Prasad
finances.
House Committee Day-to-day administration of the B. Pattabhi Sitaramayya
Constituent Assembly.
Hindi Translation Committee Translating the Constitution into Alladi Krishnaswami
Hindi. Ayyar
Urdu Translation Committee Translating the Constitution into Muhammad Saadullah
Urdu.

 Drafting Committee of the Indian Constitution

A notable committee among the mentioned committees is the Drafting Committee, led
by Dr. B.R. Ambedkar. Established on August 29, 1947, its primary responsibility was to
draft the Constitution of India, incorporating proposals from various committees. The
committee consisted of seven members from the Assembly:

 Dr. B.R. Ambedkar as the Chairman

 Dr. K M Munshi
 Syed Mohammad Saadullah
 N Madhava Rau
 N Gopalaswamy Ayyangar
 Alladi Krishnaswamy Ayyar
 T T Krishnamachari

Within a timeframe of six months, the committee prepared the first draft, which
underwent revisions based on suggestions, public comments, and criticism. The second
draft was subsequently released in October 1948.

 Criticism Towards the Constituent Assembly

Here are some of the criticisms leveled against the Constituent Assembly of India:

 It was not a fully representative body: The Constituent Assembly was elected by the
provincial legislatures. This meant that the Constituent Assembly did not represent
the views of all Indians.
 It was dominated by the Indian National Congress: The Congress Party had a
majority of seats in the Constituent Assembly. This led to accusations that the
Constitution was not truly representative of the will of the people.
 It was not a sovereign body: The Constituent Assembly was set up by the British
government. It was subject to the provisions of the Indian Independence Act of
1947. The Constituent Assembly could not make any changes to the Act without the
approval of the British government.
 It was too slow in its work: The Constituent Assembly took over two years to draft
the Constitution. This was seen by some as a waste of time and resources.
 It was too influenced by foreign models: The Constituent Assembly drew heavily on
the constitutions of other countries. This led to accusations that the Constitution was
not truly Indian. It did not reflect the unique needs and circumstances of the
country.

 Objective Resolution

It acted as a guideline for the members of the constituent assembly to achieve –

 Economic stability, political security, and faster unity of the nation.

 Proclaim India as a sovereign democratic republic nation.
 Ensure your federal form of Government with the distribution of powers between
the central and the states.
 Guarantee and secure justice, right to equality, freedom, belief, faith worship, and
location to citizens of India.
 Safeguard interests of backward and tribal areas, depressed classes, and other
backward classes.
 Maintain territorial integrity and sovereignty over land, sea, and air.
 Help India to attain a rightful and honoured place in the world that will promote
world peace and the welfare of mankind.

 Enforcement of the Constitution

On November 26, 1949, the motion on Draft Constitution was proclaimed approved,
gaining the signatures of the members and the President. It should be emphasized that
the Preamble was enacted after the Constitution.

After three sets of readings of the Draft produced by the Drafting Committee and
published in October 1948, the Constitution was accepted on November 26, 1949, with
a Preamble, 395 Articles, and 8 Schedules Of the Indian Constitution. Some of the 395
Articles, such as Articles 5 to 9, Articles 379, 380, 388, 392, and 393, went into effect on
November 26, 1949.

The remaining Articles were enacted on January 26, 1950, Republic Day. The Indian
Independence Act of 1947 and the Government of India Act of 1935 were repealed once
the Constitution of India took effect. Our Constitution currently has 448 Articles, 25
Parts, and 12 Schedules.

Making of The Constitution

 Introduction
India has the lengthiest constitution in the world its 448 Articles in 25 Parts and 12
Schedules. Constituent assembly was established for framing of the constitution. The
need for framing the constitution was first accepted by British government in the year
1940. Finally, the Cabinet Mission put forward the idea of the Constituent Assembly and
it marked the beginning of the constitution of India. It took 2 years, 11 months and 18
days to complete the drafting of the constitution. The constitution was adopted on
26th November 1949. It came into force on 26th January 1950 and the day is celebrated
as “Republic Day of India.”

 What Was the Need for Framing of the Indian Constitution?

 It emerged from various revolutions across the world.
 Various social, historical and political factors.
 The need of new governance system emerged after the end of British Colonial Rule.
 India has vast cultures, religions, languages and traditions this led to the need for
making of a uniform law in the nation.
 One of the basic objective of the constitution is to safeguard the human rights of the
citizens and to protect them from arbitrary administrative actions.
 India needed to establish the principles of democracy to keep a check and balances
in all the actions of the state.
 Social Justice and equality are the reason which embarked to make the rules against
the long term discrimination based on caste, sex, religion, race.

 What are the Sources of the Indian Constitution?

 Government of India Act, 1935: Various principles and provisions of this act were
adopted for framing of the constitution such as:
o Division of Powers.
o Provincial Autonomy
o Bicameralism
 British Constitution
o Parliamentary form of government
o Rule of Law
o Legislative procedure
o Single Citizenship
o Cabinet system
o Prerogative writs
o Parliamentary privileges
o Bicameralism
 US Constitution
o Fundamental rights
o Independence of the judiciary
o Judicial review
o Impeachment of the president
o Removal of the judges of Supreme Court and High Court
o The post of Vice-President
 Irish Constitution
o Directive Principles of State Policy (DPSPs)
o Nomination of members to the Rajya Sabha (Upper House)
o Method of election of the president
 Canadian Constitution
o Federation with a strong Centre
o Vesting of residuary powers in the Centre
 o Appointment of state governors by the Centre
o Advisory jurisdiction of the Supreme Court
 Australian Constitution
o Concurrent list
o Freedom of trade, commerce and intercourse
o Joint-sitting of the two Houses of Parliament
o Weimar Constitution
o Suspension of the Fundamental Rights during an emergency
o Soviet Constitution
o Fundamental duties
o Ideals of justice (social, economic and political) in the Preamble
 French Constitution
o Republic
o Ideals of liberty, equality and fraternity in the Preamble
o South African Constitution
o Procedure for amendment in the Indian Constitution
o Election of members of Rajya Sabha
 Japanese Constitution
o Procedure Established by law

 What Committees were Constituted under Constituent Assembly?

 There was total eight committees constituted under the constituent assembly:
o The Union Power Committee: This committee had the responsibility to define
the subject matter over which the union executive and legislature shall have
power.
 This committee was headed by Pandit Jawaharlal Nehru.
o The Union Constitution Committe: This worked upon writing of the
constitution of India.
o The Provincial Constituent Committee: This committee was set up to provide
a model to help determine the system and form of government at the provincial
level.
 This committee was headed by Sardar Vallabhbhai patel.
o Drafting Committee: This committee wprked upon the drafting of the
constitution based on the reports given by other committees.
 This committee was headed by Dr. B.R. Ambedkar.
o Advisory Committee on Fundamental Rights, Minorities and Tribal and
Excluded Areas: presided over by Sardar Vallabhhai Patel. This Committee had
the following five sub-committees:
 Fundamental Rights Sub-Committee
 Minorities Sub-Committee
 North-East Frontier Tribal Areas and Assam Excluded & Partially
Excluded Areas Sub-Committee
 Excluded and Partially Excluded Areas (Other than those in Assam) Sub-
Committee
 North-West Frontier Tribal Areas Sub-Committee.
 Rules of Procedure Committee: This committee was responsible for framing
procedural rules related to including those for admission and resignation of
 members, conduct of business in the Assembly and its various committees, and
fixing salaries and allowances of all persons involved in the Assembly’s functioning.
 The other two committees were the States committee and steering committee
headed by Pandit Jawaharlal Nehru and Dr. Rajendra Prasad respectively.
 There were 13 minor committees set up under these major committees.

 What are the Key Features of the Indian Constitution?

 Lengthiest constitution
 Mixture of rigidity and flexibility
 Preamble
 Socialist, welfare, secular state
 Directive Principles
 Quasi federal system
 Follows constitution and constitutionalism

 Basic Structure of the Indian Constitution

 Supremacy of the Constitution
 Sovereign, democratic and republican nature of the constitution
 Separation of power between different organs of the government, i.e., the legislature,
the executive and the judiciary
 Federal character of the constitution
 Secular nature of the constitution
 Unity and integrity of the country
 Rule of law
 Judicial review
 Independence of the judiciary
 Parliamentary system
 Welfare state (socio-economic justice)
 Effective access to justice
 Freedom as well as the dignity of the individual
 Harmony and balance between fundamental rights and directive principles
 Principles underlying the fundamental rights
 Principle of equality
 Powers of the Supreme Court under Articles 32 (writ jurisdiction), 136 (jurisdiction
with respect to special leave petition), 141 (binding nature of law declared by the
Supreme Court on all other courts), and 142 (enforcement of decrees and orders of
the Supreme Court) of the Constitution.
 Powers of the High Court under Articles 226 (writ jurisdiction) and 227 (power of
superintendence over all courts) of the Constitution.
 Free and fair elections
 Limited power of the Parliament to amend the constitution
UNIT:- 20 BACKGROUND OF THE INDIAN CONSTITUTION

 Background of Indian Constitution

In 1928, the All Parties Conference convened a committee in Lucknow to prepare the
Constitution of India, which was known as the Nehru Report.

Most of India was under direct British rule from 1857 to 1947. Upon independence, it
became clear a new constitution was needed to be created. But for that, all of India
needed to be brought into the union. This meant the Princely States needed to be
convinced to become a part of the Indian Union either by force or diplomacy. Sardar
Vallabhbhai Patel and V.P Menon did this unenviable task. Until this happened India was
still legally a dominion under the British, responsible for external security.

Thus, the Constitution of India repealed the Indian Independence Act 1947 and
Government of India Act 1935 when it became effective on 26 January 1950. India
ceased to be a dominion of the British Crown and became a sovereign democratic
republic with the Constitution.

 Historical Evolution of the Indian Constitution

There are various layers in the background of the Indian Constitution:

1) Regulating Act 1773

2) Pitt’s India Act 1784
3) Charter Act of 1813
4) Charter Act of 1833
5) Charter Act of 1853
6) Government of India Act 1858
7) Indian Councils Act 1861
8) India Councils Act 1892
9) Morley-Minto Reforms 1909
10) Montague-Chelmsford Reforms 1919
11) Government of India Act 1935
12) Indian Independence Act 1947

These acts were in some way instrumental in the development of the Indian
Constitution.

 History of Indian Constitution – Regulating Act 1773

 The first time the British Parliament resorted to regulating the affairs of the East
India Company.
 The Governor of Bengal was made the Governor-General of Bengal (Warren
Hastings).
 An Executive Council of the Governor-General was created with 4 members.
 Centralised the administration with the Presidencies of Madras and Bombay being
made subordinate to the Bengal Presidency.
 Supreme Court was established at Calcutta as the Apex Court in 1774.
 Prohibited company officials from engaging in private trade and from accepting gifts
from Indians.

 History of Indian Constitution – Pitt’s India Act 1784

 Commercial and political functions of the company are separated. The Court of
Directors managed the commercial activities while the Board of Control managed
political affairs.
 The company territories in India were called ‘British possessions in India’.
 Governor’s Councils were set up in Madras and Bombay as well.

 History of Indian Constitution – Charter Act 1813

 This act ended the East India Company’s monopoly over trade with India except in
tea and opium. Trade with India was open to all British subjects.

 History of Indian Constitution – Charter Act 1833

 Governor-General of Bengal was designated the Governor-General of India (Lord

William Bentinck).
 The legislative powers of the Bombay and Madras Presidencies were removed.
 This act ended the commercial activities of the company and it was transformed into
an administrative body.

 History of Indian Constitution – Charter Act 1853

 The legislative and executive powers of the Governor-General’s Council were

separated.
 A Central Legislative Council was created of 6 members out of which 4 were
appointed by the provisional governments of Madras, Bombay, Agra and Bengal.
 The Indian civil service was opened as a means to recruit officers for administration
through open competition.

 History of Indian Constitution – Government of India Act 1858

 After the 1857 revolt, the rule of the company was ended and the British
possessions in India came directly under the British Crown.
 The office of the Secretary of State for India was created. He was assisted by a 15-
member Council of India.
 The Indian administration was under his authority and the Viceroy was his agent.
The Governor-General was designated the Viceroy as well (Lord Canning).
 The Court of Directors and the Board of Control were abolished.

 History of Indian Constitution – Indian Councils Act 1861

 Indians were given representation in the Viceroy’s Councils. 3 Indians entered the
Legislative Council.
 Provisions were made for the entry of Indians in the Viceroy’s Executive Council also
as non-official members.
 Portfolio system was recognised.
 Decentralisation initiated with the presidencies of Madras and Bombay being
restored their legislative powers.

 History of Indian Constitution – Indian Councils Act 1892

 Indirect elections (nominations) were introduced.

 Legislative Councils expanded. Gave more functions to the legislative councils such
as the discussion of budget and questioning the executive.

 History of Indian Constitution – Indian Councils Act 1909 (Morley-Minto

Reforms)

 Direct elections to the legislative councils were introduced for the first time.
 Central Legislative Council became the Imperial Legislative Council.
 The number of members of the legislative council was increased from 16 to 60.
 The concept of the separate communal electorate was accepted.
 For the first time, an Indian was made a member of the Viceroy’s Executive Council.
(Satyendra Prasad Sinha – Law Member).

 History of Indian Constitution – Government of India Act 1919 (Montague-

Chelmsford Reforms)

 Central and provincial subjects were separated.

 Diarchy was introduced in the provincial governments with executive councillors
being in charge of the reserved list and the ministers in charge of the transferred list
of subjects.
 The ministers were nominated from among the elected members of the legislative
council and were responsible to the legislature.
 A bicameral legislature was introduced for the first time at the centre. (Legislative
Council and legislative assembly later to become Rajya Sabha and Lok
Sabha respectively).
 It mandated 3 members of the Viceroy’s executive council to be Indians.
 This act provided for the first time, the establishment of a public service commission
in India.
 This act extended the right to vote and with this, about 10% of the population
acquired voting rights.

 History of Indian Constitution – Government of India Act 1935

 An all-India Federation was proposed which would consist of British India and the
princely states. This never materialised though.
 Subjects were divided between the centre and the provinces. Centre was in charge of
the Federal List, provinces in charge of the Provincial List and there was a
Concurrent List which both catered to.
 Diarchy was abolished at the provincial level and introduced at the centre.
 More autonomy was accorded to the provinces and in 6 out of 11 provinces, the
bicameral legislature was introduced.
 A federal court was established and the Indian Council was abolished.
 Burma and Aden were severed from India.
 This act provided for the establishment of the RBI.
 This Act continued until it was replaced by the new Indian Constitution.

 History of Indian Constitution – Indian Independence Act 1947

 India was declared independent and sovereign.

 The Viceroy and the Governors were made constitutional (nominal) heads.
 Set up responsible governments at the centre and the provinces.
 Assigned both legislative and executive powers to the Constituent Assembly of India.

 The Background of the Indian Constitution

The establishment of the East Indian Company in India led to the formation of the
Indian Constitution. The British rulers started it before India got its independence.
Through the Royal charter of 1600, the East Indian company got incorporated in India.
After this, many changes have taken place from the establishment of the East India
Company to the present parliamentary type of government.

India is a country with 28 states and eight union territories. The type of government is
parliamentary in India, and the Westminster model is the base for India’s parliamentary
style of government. The Constitution was adopted on the 26th of November 1949, and
it came into action on the 26th of January 1950. The Indian Constitution came into force
then, celebrated as Republic day.

 The Historical Evolution of the Indian Constitution

The historical evolution of the Indian Constitution is mainly divided into two
stages:

A. The Company Rule (1773 – 1858)

1) Regulating Act 1773
2) Pitt’s India Act 1784
3) Charter Act- 1813
4) Charter Act – 1833
5) Charter Act – 1853.

B. The Crown Rule (1858 – 1947)

1) Government of India Act-1858
2) Indian Council(1861, 1892,1909)
3) Government of India Act -1919
4) Government of India Act -1935
5) Indian Independence Act -1947

1) The History of Indian Constitution –Regulating Act 1773:

The Governor of Bengal was made the Governor-General of Bengal. The Bombay
Governor and the Madras governor were appointed as the subordinates to the Governor
of Bengal. They also introduced the four-member council. During this period, the
Supreme court was established, and it had a chief justice and three other judges.

2) The Act of settlement 1781:

This Act was introduced for the amendment of the Regulating Act 1773.

3) Pitt’s India Act 1784:

East India’s activities are divided into commercial and political activities. The
commercial activities include trading, and it is under the control of the Court of
Directors. There were 24 Court of Directors.

The political activities include military and revenue. It was under the control of the
board of control, and there were six control boards. The British possession of India
occurred during this period.

4) Charter Act 1793:

The East India Company renewed its agreement in India for the next twenty years. If the
agreement did not extend, the British had to go back to withdraw their Company.

5) Charter Act – 1813:

The Company rule extended for another 20 years. East India Company had to spend one
lakh rupees on Indian education every year. It ended companies’ monopoly trade in
India. They permitted Christian Missionaries to propagate Christianity. As per the Act,
Indians were allowed into the Service of Company for the first time.

6) Charter Act – 1833:

The Governor-General of Bengal was made as the Governor-General of India. The
Company rule was extended for more time. The Sati was abolished in 1829. The First
Law Commission was pioneered in 1834 under the chairmanship of Lord Macauley.
After independence, the First Law Commission of India was formed in 1955, with the
chairman – M-C. Setalvad. His term was for three years.

 Based on the Macaulay Committee report, 3 Acts were enacted-

1) Civil procedure Code -1859

2) Indian Penal Code – 1860
3) Criminal procedure Code -1869

Trade Monopoly of the East India Company (EEIC] was completely abolished.

 The Crown Rule (1858-1947):

The Crown Rule in the historical evolution of the Indian Constitution ended with the
Charter Act – of 1853. The background of the Indian Constitution had a second phase
called the Crown Rule. In this phase, the British started ruling India directly. The Crown
Rule had different stages in which the British completely conquered India. And by the
end of this phase, India got its independence from the British.