UNIT IV

Election Commission of India

The Election Commission of India (ECI) is an autonomous constitutional authority responsible for
administering Union and State election processes in India.
It was established in accordance with the Constitution on 25th January 1950 (celebrated
as National Voters' Day). The secretariat of the commission is in New Delhi.
o The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies
in India, and the offices of the President and Vice President in the country.
• It is not concerned with the elections to panchayats and municipalities in the states. For this,
the Constitution of India provides for a separate State Election Commission.
▪ Constitutional Provisions:
o Part XV (Article 324-329): It deals with elections and establishes a commission for these
matters.
o Article 324: Superintendence, direction and control of elections to be vested in an Election
Commission.
o Article 325: No person to be ineligible for inclusion in, or to claim to be included in special,
electoral roll-on grounds of religion, race, caste or sex.
o Article 326: Elections to the House of the People and to the Legislative Assemblies of States to
be based on adult suffrage.
o Article 327: Power of Parliament to make provision with respect to elections to Legislatures.
o Article 328: Power of Legislature of a State to make provision with respect to elections to such
Legislature.
o Article 329: Bar to interference by courts in electoral matters.
▪ Structure of ECI:
o Originally the commission had only one election commissioner but after the Election
Commissioner Amendment Act 1989, it was made a multi-member body.
o The Election Commission shall consist of the Chief Election Commissioner (CEC) and such
number of other election commissioners, if any, as the President may from time-to-time fix.
o Presently, it consists of the CEC and two Election Commissioners (ECs).
• At the state level, the election commission is helped by the Chief Electoral Officer.
▪ Appointment & Tenure of Commissioners:
o The President appoints CEC and Election Commissioners as per the CEC and Other ECs
(Appointment, Conditions of Service and Term of Office) Act, 2023.
o They have a fixed tenure of six years, or up to the age of 65 years, whichever is earlier.
 o The salary and conditions of service of the CEC and ECs will be equivalent to that of
the Supreme Court Judge.
▪ Removal:
o They can resign anytime or can also be removed before the expiry of their term.
o The CEC can be removed from office only through a process of removal similar to that of a SC
judge by Parliament, while ECs can only be removed on the recommendation of the CEC.
▪ Limitations:
o The Constitution has not prescribed the qualifications (legal, educational, administrative or
judicial) of the members of the Election Commission.
o The Constitution has not specified the term of the members of the Election Commission.
o The Constitution has not debarred the retiring election commissioners from any further
appointment by the government.
Anoop Baranwal vs Union of India Case, 2023
▪ A five-judge bench of the Supreme Court (SC) unanimously ruled that the appointment of
the Chief Election Commissioner and the Election Commissioners shall be made by the President
on the advice of a Committee consisting of the Prime Minister, the Leader of the Opposition of the
Lok Sabha and Chief Justice of India (CJI).
o In case no leader of the Opposition is available, the leader of the largest opposition Party in the
Lok Sabha in terms of numerical strength will be a part of such committee.
▪ The Parliament passed the Chief Election Commissioner and Other Election Commissioners
(Appointment, Conditions of Service and Term of Office) Act, 2023, in response to the directive
of the Supreme Court in the Anoop Baranwal v Union of India case, 2023.

Powers of Election Commission of India

In details, these powers of the Election Commission of India are:
• Determining the Electoral Constituencies’ territorial areas throughout the country on the basis
of the Delimitation Commission Act of Parliament.
• Preparing and periodically revising electoral rolls and registering all eligible voters.
• Notifying the schedules and dates of elections and scrutinising nomination papers.
• Granting recognition to the various political parties and allocating them election symbols.
• Acting as a court to settle disputes concerning the granting of recognition to political parties and
allocating election symbols to the parties.
• Appointing officers for inquiring into disputes concerning electoral arrangements.
 • Determining the code of conduct to be followed by the political parties and candidates during
elections.
• Preparing a program for publicising the policies of all the political parties on various media like
TV and radio during elections.
• Advising the President on matters concerning the disqualification of MPs.
• Advising the Governor on matters concerning the disqualification of MLAs.
• Cancelling polls in case of booth capturing, rigging, violence and other irregularities.
• Requesting the Governor or the President for requisitioning the staff required for conducting
elections.
• Supervising the machinery of elections throughout the country for ensuring the conduct of free
and fair elections.
• Advising the President on whether elections can be held in a state that is under the President’s
rule, in order to extend the period of emergency after 1 year.
• Registering political parties and granting them the status of national or state parties (depending
on their poll performance).
The Commission is aided in its function by deputy election commissioners. The deputy ECs are taken
from the civil services and they are appointed by the Commission. They have a fixed tenure. They are
aided by the secretaries, deputy secretaries, joint secretaries and under-secretaries posted in the
commission’s secretariat.
Functions of Election Commission
1. To direct and control the entire process of conducting elections to Parliament and Legislature of
every State and to the offices of President and Vice-President of India.
2. To decide the election schedules for the conduct of periodic and timely elections, whether
general or bye-elections.
3. To decide on the location of polling stations, assignment of voters to the polling stations,
location of counting centres, arrangements to be made in and around polling stations and
counting centres and all allied matters.
4. To prepare electoral roll and issues Electronic Photo Identity Card (EPIC).
5. To grant recognition to political parties & allot election symbols to them along with settling
disputes related to it.
6. To sets limits of campaign expenditure per candidate to all the political parties, and also
monitors the same.
7. To advise in the matter of post-election disqualification of sitting members of Parliament and
State Legislatures.
 8. To issue the Model Code of Conduct in the election for political parties and candidates so that
no one indulges in unfair practice or there is no arbitrary abuse of powers by those in power.
Importance of Election Commission for India
• The Election Commission has been successfully conducting national as well as state elections
since 1952. Now, it plays an active role to ensure the greater participation of people.
• The Commission has brought discipline among the political parties with a threat of
derecognizing if the parties failed in maintaining inner-party democracy.
• It supports the values preserved in the Constitution viz, equality, equity, impartiality,
independence; and rule of law in superintendence, direction, and control over the electoral
governance.
• ECI helps in conducting elections with the highest standard of credibility, fairness,
transparency, integrity, accountability, autonomy and professionalism.
• In the electoral process, it ensures the participation of all eligible citizens in an inclusive voter-
centric and voter-friendly environment.
• The Election Commission of India engages with political parties and all stakeholders in the
interest of the electoral process.
• It creates awareness about the electoral process and electoral governance amongst stakeholders
(political parties, voters, election functionaries, candidates and people at large) to enhance and
strengthen confidence and trust in the electoral system of this country.

Officers on Election Duty

To ensure that elections are held in free and fair manner, the Election Commission appoints thousands of
polling personnel to assist in the election work. These personnel are drawn among magistrates, police
officers, civil servants, clerks, typists, school teachers, drivers, peons etc. Out of these there are three
main officials who play very important role in the conduct of free and fair election. They are Returning
Officer, Presiding Officer and Polling Officers.
Returning Officer
In every constituency, one Officer is designated as Returning Officer by the Commission in consultation
with the concerned State government. However, an Officer can be nominated as Returning Officer for
more than one constituency. All the nomination papers are submitted to the Returning Officer. Papers are
to examine carefully
scrutinized by him/her and if they are in order, accepted by him/her. Election symbols are allotted by
him/her in accordance with the directions issued by the Election Commission. He/she also accepts
withdrawal of the candidates and announces the final list. He/she supervises all the polling booths, votes
are counted under his/her supervision and finally result is announced by him/her. In fact, the Returning
Officer is the overall incharge of the efficient and fair conduct of elections in the concerned constituency.
Presiding Officers
Every constituency has a large number of polling booths. Each polling booth on an average caters to
about a thousand votes. Every such booth is under the charge of an officer who is called the Presiding
Officer. He/she supervises the entire process polling in the polling booth and ensures that every voter gets
an opportunity to cast vote freely. After the polling is over he/she seals all the ballot boxes and delivers
them to the Returning Officer.
Polling Officers
Every Presiding Officer is assisted by three to four polling officers. They check the names of the voters in
the electoral roll, put indelible ink on the finger of the voter, issue ballot papers and ensure that votes are
secretly cast by each voter.

Electoral Process
Elections in India are conducted according to the procedure laid down by law. The following process is
observed.
Notification for Election
The process of election officially begins when on the recommendation of Election Commission, the
President in case of Lok Sabha and the Governor in case of State Assembly issue a notification for the
election. Seven days are given to candidates to file nomination. The seventh day is the last date after the
issue of notification excluding Sunday. Scrutiny of nomination papers is done on the day normally after
the last date of filing nominations. The candidate can withdraw his/her nomination on the second day
after the scrutiny of papers. Election is held not earlier than twentieth day after the withdrawal.
Filing of Nomination
A person who intends to contest an election is required to file the nomination paper in a prescribed form
indicating his name, age, postal address and serial number in the electoral rolls. The candidate is required
to be duly proposed and seconded by at least two voters registered in the concerned constituency. Every
candidate has to take an oath or make affirmation. These papers are then submitted to the Returning
Officer designated by the Election Commission.
Security Deposit
Every candidate has to make a security deposit at the time of filing nomination. For Lok Sabha every
candidate has to make a security deposit of Rs.10,000/- and for State Assembly Rs.5,000. But candidates
belonging to Scheduled Castes and Scheduled Tribes are required to deposit Rs. 5,000/– for if contesting
the Lok Sabha elections and Rs. 2,500/– for contesting Vidhan Sabha elections. The security deposit is
forfeited if the candidate fails to get at least 1/6 of the total valid votes polled.
 Scrutiny and Withdrawal
All nomination papers received by the Returning Officer are scrutinized on the day fixed by the Election
Commission. This is done to ensure that all papers are filled according to the procedure laid down and
accompanied by required security deposit. The Returning Officer is empowered to reject a nomination
paper on any one of the following ground:
(i) If the candidate is less than 25 years of age.
(ii) If he/she has not made security deposit.
(iii) If he/she is holding any office of profit.
(iv) If he/she is not listed as a voter anywhere in the country
The second day after the scrutiny of nomination papers is the last date for the withdrawal of the
candidates. In case that day happens to be a holiday or Sunday, the day immediately after that is fixed as
the last day for the withdrawal.
Election Campaign
Campaigning is the process by which a candidate tries to persuade the voters to vote for him rather than
others. During this period, the candidates try to travel through their constituency to influence as many
voters as possible to vote in their favour. In the recent times, the Election Commission has granted all the
recognized National and Regional Parties, free access to the State-owned electronic media, the All India
Radio (AIR) and the Doordarshan to do their campaigning. The total free time is fixed by the Election
Commission which is allotted to all the political parties. Campaigning stops 48 hours before the day of
polling. A number of campaign techniques are involved in the election process. Some of these are:
i. Holding of public meetings.
ii. Distribution of handbills, highlighting the main issues of their election manifesto (election manifesto is
a document issued by political party. It is declaration of policies and programs of the party concerned.
iii. Door to door appeal by influential people in the party.
iv. Broadcasting and telecasting of speeches by various political leaders.
Model Code of Conduct
During the campaign period the political parties and the contesting candidates are expected to abide by a
model code of conduct evolved by the Election Commission of India on the basis of the consensus among
political parties. It comes into force the moment schedule of election is announced by the Election
Commission. The code of conduct is as follows:
(i) Political Parties and contesting candidates should not use religious places for election campaign.
(ii) Such speeches should not be delivered in a way to create hatred among different communities
belonging to different religions, castes and languages, etc.
(iii) Official machinery should not be used for election work.
(iv) No new grants can be sanctioned; no new schemes or projects can be started once the election
dates are announced.
(v) One cannot misuse mass media for partisan coverage.
Scrutinization of Expenses
Though the Election Commission provides free access for a limited time to all the recognized National
and State parties for their campaign, this does not mean that political parties do not spend any thing on
their elections campaign. The political parties and the candidates contesting election spend large sum of
amount on their election campaign. However, the Election Commission has the power to scrutinize the
election expenses to be incurred by the candidates. There is a ceiling on expenses to be incurred in
Parliamentary as well as State Assembly elections. Every candidate is required to file an account of his
election expenses within 45 days of declaration of results. In case of default or if the candidate has
incurred (expenses) more than the prescribed limit, the Election Commission can take appropriate action
and the candidate elected may be disqualified and his election may be countermanded.
Polling, Counting and Declaration of Result
In order to conduct polling, large numbers of polling booths are setup in each constituency. Each booth is
placed under the charge of a Presiding Officer with the Polling Officers to help the process.
A voter casts his/her vote secretly in an enclosure, so that no other person comes to know of the choice
he/she has made. It is known as secret ballot.
After the polling is over, ballot boxes are sealed in the presence of agents of the candidates. Agents
ensure that no voter is denied right to vote, provided the voter turns up comes within the prescribed time
limit.
Electronic Voting Machines (EVMs)
The Election Commission has started using tamper proof electronic voting machines to ensure free and

fair elections. Each machine has the names and symbols of the candidates in a constituency. One
Electronic Voting Machine (EVM) can accommodate maximum of 16 candidates. But if the number
exceeds 16, then more than one EVM may be used. If the number of candidates is very large, ballot
papers may be used. The voter has to press the appropriate button to vote for the candidate of his/her
choice. As soon as the button is pressed, the machine is automatically switched off. Then comes the turn
of the next voter. The machine is easy to operate, and with this the use of ballot paper and ballot boxes is
done away with. When the machine is used, the counting of votes becomes more convenient and faster.
The EVMs were used in all the seven Lok Sabha constituencies in Delhi in 1999, and later in all the State
Assembly constituencies. In 2004 General Elections EVMs were used all over the country for Lok Sabha
elections.
The sealed ballot boxes or EVMs are shifted in tight security to the counting centre. Counting
takes place under the supervision of the Returning Officer and in the presence of candidates and their
agents. If there is any doubt about the validity or otherwise of a vote, decision of the Returning Officer is
final. As soon as counting is over, the candidate securing the maximum number of votes is declared
elected (or returned) by the Returning Officer.
Re-poll – If at the time of polling, a booth is captured by some anti-social elements, the Election
Commission may order holding of re-poll in either the entire constituency or particular booths.
Countermanding of Election - If a duly nominated candidate belonging to recognized party dies at any
time after the last date of nomination and before the commencement of polling, the Election Commission
orders countermanding the elections. This is not just postponement of polling. The entire election process,
beginning from nominations is initiated a fresh in the concerned constituency.
Short Comings of Indian Electoral System
There has been universal appreciation of the Indian electoral system. People have hailed the manner in
which elections have been conducted in India. But there are its weaknesses. It has been seen that inspite
of the efforts of Election Commission to ensure free and fair election, there are certain shortcomings of
our Electoral system. Some notable weaknesses are discussed below:
1. Money Power – The role of unaccounted money in elections has become a
serious problem. The political parties collect funds from companies and business
houses, and then use this money to influence the voter to vote in their favour. The
business contributions are mostly in cash and are not unaccounted. Many other
corrupt practices are also adopted during election such as bribing, rigging or voters
intimidation, impersonation and providing transport and conveyance of voters to
and fro the polling stations. The reports of liquor being distributed in poor areas
are frequent during election.
2. Muscle Power – Earlier the criminals used to support the candidates by
intimidating the voter at a gunpoint to vote according to their direction. Now they
themselves have come out openly by contesting the elections leading to
criminalization of politics. As a result violence during elections has also increased.
3. Caste and Religion - Generally the candidates are given tickets by the political
parties on the consideration whether the candidate can muster the support of
numerically larger castes and communities and possesses enough resources. Even
 the electorates vote on the caste and communal lines. Communal loyalties of the
voters are used at the time of propaganda campaign.
4. Misuse of government machinery - All the political parties do not have equal
opportunity in respect of access to resources. The party in power is always in
advantageous position then the opposition parties. There is widespread allegation
that the party in power accomplishes misuse of government machinery.
All these features lead to violence, booth capturing, rigging bogus voting, forcible removal of ballot
papers, ballot boxes burning of vehicles, etc. which result in to loss of public faith in elections.
Electoral Reforms
In order to restore the confidence of the public in the democratic electoral system, many electoral reforms
have been recommended from time to time by Tarkunde Committee and Goswami Committee which
were particularly appointed to study and report on the scheme for Electoral Reforms in the year 1974 and
1990 respectively. Out of these recommendations some have been implemented. In fact, it was under the
chairmanship of the then Chief Election Commissioner, T.N. Seshan, that Election Commission initiated
many more measures to ensure free and fair elections. Some of the reforms which have been
implemented so far are as follows:
A. The voting age has been lowered from 21 years to 18 years. This has helped increase the number of
voters and response confidence in the youth of the country.
B. Another landmark change has been the increase in the amount of security deposit by the candidate to
prevent many non serious candidates from contesting elections with a ulterior motive.
C. The photo identity cards have been introduced to eradicate bogus voting or impersonation.
D. With the introduction of Electronic Voting Machine (EVM) the voting capturing, rigging, and bogus
voting may not be possible. The use of EVM will in the long run result in reducing the cost of
holding elections and also the incidence of tampering during counting of votes.
E. If a discrepancy is found between the member of votes polled and number of total votes counted, the
Returning officer away report the matter forthwith to Election Commission. Election Commission on
such report may either declare the poll at the particular polling station as void and give a date for
fresh poll or countermand election in that constituency.
There is no doubt that India needs drastic poll reforms but still the fact remains that Indian elections have
been largely free and fair and successfully conducted. It gives the country the proud distinction of being
the largest democracy in the world.

EMERGNCY 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.
▪ 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.
▪ The rationality behind the incorporation is to safeguard the sovereignty, unity, integrity and
security of the country, the democratic political system and the Constitution.
▪ The Constitution stipulates three types of emergencies-
1. National Emergency
2. Constitutional Emergency
3. Financial Emergency

(A) NATIONAL EMERGENCY

▪ 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.
▪ 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.
Example:
If India and Pakistan openly accept that they will use armed forces against each other is simply war.
o If there is no formal declaration that there will be armed forces used against a country is
External aggression.
o 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.
▪ Parliamentary approval and duration
o The proclamation of emergency must be approved by both the houses of parliament within one
month from the date of its issue.
o 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.
o 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.
o Every resolution approving the proclamation of emergency or its continuance must be passed
by either House of Parliament by a special majority.
▪ Revocation of proclamation
o A proclamation of Emergency may be revoked by the President at any time by a subsequent
proclamation. Such proclamation does not require parliamentary approval.
o The emergency must be revoked if the Lok Sabha passes a resolution by a simple majority
disapproving its continuation.
▪ Effects of national emergency
o 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:
• Executive: Centre becomes entitled to give executive directions to a state on ‘any’
matter
• 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.
 • 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:
• 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.
• 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:
• 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.
• 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.
• 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.
• The suspension of enforcement relates to only those Fundamental Rights that are
specified in the Presidential Order.
• The suspension could be for the period during the operation of emergency or for a
shorter period.
• The Order should be laid before each House of Parliament for approval.
• 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.
▪ Declarations made so far: This type of emergency has been proclaimed three times so far- in
1962, 1971 and 1975
 o 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.
o The second proclamation of National Emergency was made in December 1971 in the wake of
the attack by Pakistan.
o 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
(B) President’s Rule
▪ 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.
▪ 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.
▪ This is popularly known as ‘President’s Rule’.
▪ Grounds of imposition: the president’s ruler can be proclaimed under Article 356 on two grounds:
1. Article 356 empowers the President to issue a proclamation if he is satisfied that a situation has
arisen in which the government of a state cannot be carried on in accordance with the provisions
of the constitution.
2. Article 356 says that whenever a state fails to comply with or to give effect to any direction from
the centre, it will be lawful for the President to hold that a situation has arisen in which the
government of the state cannot be carried on in accordance with the provisions of the
constitution.
▪ 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.
1. 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.
▪ Consequences of the President’s rule: The President acquires the following extraordinary powers
when the President’s rule is imposed in a state:
1. He can take up the functions of the state government and powers vested in the governor or any
other executive authority in the state.
2. He can declare that the powers of the state legislature are to be exercised by the parliament.
3. He can take all other necessary steps including the suspension of the constitutional provisions
relating to anybody or authority in the state.
▪ 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.
1. 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.
(C) Financial Emergency
▪ 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.
▪ 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.
o 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
▪ Extension of the executive authority of the Union over the financial matters of the States.
▪ Reduction of salaries and allowances of all or any class of persons serving in the State.
▪ 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.
▪ 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.
Amendment of the Constitutional Powers and Procedure
Necessity of Amendment
The time is not static, it goes on changing. It is necessary to make changes in the Constitution. The
social, economic, political condition of the people goes on changing. If the changes were not done in
the Constitution, we would be unable to encounter the future difficulties and it will become a hurdle in
the path of development.
In 70 years of the Constitution, 104 Amendments are already done. The 42nd Amendment is
considered as the terms socialist, secular, integrity was inserted through it. The First Amendment was
done in the year 1950.
Amendments of the Indian Constitution – What is Article 368?
To define constitutional amendment process, Article 368 of Part XX of Indian Constitution provides for
two types of amendments.
1. By a special majority of Parliament
2. by a special majority of the Parliament with the ratification by half of the total states
But some other articles provide for the amendment of certain provisions of the Constitution by a simple
majority of Parliament, that is, a majority of the members of each House present and voting (similar to
the ordinary legislative process). Notably, these amendments are not deemed to be amendments of the
Constitution for the purposes of Article 368.
Any of these amendments follow a certain procedure.
Types of Amendments in Indian Constitution
The list of types of amendments can be found below. There are three ways in which the Constitution
can be amended:
1. Amendment by simple majority of the Parliament
2. Amendment by special majority of the Parliament
3. Amendment by special majority of the Parliament and the ratification of at least half of the state
legislatures.
A brief description of the above types of amendments of the Indian Constitution has been laid down
below.
1. By Simple Majority of Parliament
A number of provisions in the Constitution can be amended by a simple majority of the two houses of
Parliament outside the scope of Article 368. These provisions include:
• Admission or establishment of new states.
• Formation of new states and alteration of areas, boundaries or names of existing states.
• Abolition or creation of legislative councils in states.
• Second Schedule-emoluments,
• Allowances and privileges of the President, the Governors, the Speakers, Judges, etc.
• Quorum in Parliament.
• Salaries and allowances of the members of Parliament.
• Rules of procedure in Parliament.
• Privileges of the Parliament, its members and its committees.
• Use of the English language in Parliament.
• Number of puisne judges in the Supreme Court.
Constitutional Amendment Process
The procedure for the amendment of the Constitution as laid down in Article 368 is as follows:
• An amendment of the Constitution can be initiated only by the introduction of a bill for the
purpose in either House of Parliament (Lok Sabha & Rajya Sabha) and not in the state
legislatures.
• The bill can be introduced either by a minister or by a private member and does not require
prior permission of the president.
• The bill must be passed in each House by a special majority, that is, a majority (that is, more
than 50 per cent) of the total membership of the House and a majority of two-thirds of the
members of the House present and voting.
• Each House must pass the bill separately.
• In case of a disagreement between the two Houses, there is no provision for holding a joint
sitting of the two Houses for the purpose of deliberation and passage of the bill.
• If the bill seeks to amend the federal provisions of the Constitution, it must also be ratified by
the legislatures of half of the states by a simple majority, that is, a majority of the members of
the House present and voting.
• After duly passed by both the Houses of Parliament and ratified by the state legislatures, where
necessary, the bill is presented to the president for assent.
• The president must give his assent to the bill. He can neither withhold his assent to the bill nor
return the bill for reconsideration of the Parliament
• After the president’s assent, the bill becomes an Act (i.e., a constitutional amendment act) and
the Constitution stands amended in accordance with the terms of the Act.