Unit 1

● Government of India Act 1858 :

● Called for liquidation of East India Company and transference of powers

to the British crown. The Company's territories in India were to be vested
in ​the Queen​, the Company ceasing to exercise its power and control over
these territories. India was to be governed in the Queen's name.
● The Queen's ​Principal Secretary of State​ received the powers and duties of
the Company's Court of Directors. A council of fifteen members was
appointed to assist the Secretary of State for India. The council became an
advisory body in Indian affairs. For all the communications between
Britain and India, the Secretary of State became the real channel.
● The Secretary of State for India was empowered to send some secret
despatches to India directly without consulting the Council. He was also
authorised to constitute special committees of his Council.
● The Crown was empowered to appoint a ​Governor-General​ and the
Governors of the ​Presidencies​. An ​Indian Civil Service​ was to be created
under the control of the Secretary of State.
● Hereto all the property and other assets of the East India Company were
transferred to the Crown. The Crown also assumed the responsibilities of
the Company as they related to treaties, contracts, and so forth.

● Indian Councils Act 1861 :

● For the executive functions of the Council, a fifth member was added.
Now there were five members for home, military, law, revenue and
finance. (A sixth member for public works was added in 1874.)
● Lord Canning, who was the Governor-General and Viceroy at the time,
introduced the portfolio system. In this system, each member was assigned
a portfolio of a particular department.
● For legislative purposes, the Governor-General’s Council was enlarged.
Now, there were to be between 6 and 12 additional members (nominated
by the Governor-General).
● There were appointed for a period of 2 years. Out of these, at least half of
the additional members were to be non-official (British or Indian).Their
functions were confined to legislative measures.
● Lord Canning nominated three Indians to the Council in 1862 namely, the
Raja of Benares, the Maharaja of Patiala and Sir Dinkar Rao.
● Any bill related to public revenue or debt, military, religion or foreign
affairs could not be passed without the Governor-General’s assent.
● The Viceroy had the power to overrule the council if necessary.
● The Governor-General also had the power to promulgate ordinances
without the council’s concurrence during emergencies.
● The Secretary of State for India in Britain could also dissolve any act
passed by the Governor-General’s Council.
● This Act restored the legislative powers of the Governor-in-Councils of
the Presidencies of Madras and Bombay (which was taken away by the
Charter Act of 1833).
● The legislative council of Calcutta had extensive power to pass laws for
the whole of British India.
● There was provision made for the formation of legislative councils in
other provinces. New provinces could also be created for legislative
purposes and Lieutenant Governors be appointed for them. Legislative
councils were formed in other provinces in Bengal in 1862, North West
Frontier Province in 1886 and Punjab and Burma in 1897.
● Indian Councils Act 1892 :

■ Increased size of legislative councils in India

■ The act increased the number of additional or non-official members in the
Central Legislative Council: 10 – 16 members
■ Members were given the right to ask questions on the budget (which was
barred in the Indian Councils Act 1861) or matters of public interest but
had to give notice of 6 days for it.
■ They could not ask supplementary questions.
■ Principle of representation initiated
■ The district boards, universities, municipalities, chambers of commerce
and zamindars were authorised to recommend members to the provincial
councils.
■ The legislative councils were empowered to make new laws and repeal old
laws with the permission of the Governor-General.
■ Nothing in it for the common man.
■ Number of Indians was increased and this was a positive step.

● Indian Councils Act 1909 (Minto Morley Reforms) :

■ John Morley was a member of the Liberal government and he wanted to

make positive changes in India’s governance
■ The legislative councils at the Centre and the provinces increased in size.
Central Legislative Council – from 16 to 60 members
■ The legislative councils at the centre and the provinces were to have four
categories of members as follows:
■ Ex officio members: Governor General and members of the executive
council.
 ■ Nominated official members: Government officials who were nominated
by the Governor-General.
■ Nominated non-official members: nominated by the Governor-General but
were not government officials.
■ Elected members: elected by different categories of Indians.
■ The elected members were elected indirectly. The local bodies elected an
electoral college who would elect members of the provincial legislative
councils. These members would, in turn, elect the members of the Central
legislative council.
■ The elected members were from the local bodies, the chambers of
commerce, landlords, universities, traders’ communities and Muslims.
■ Introduced separate electorates for the Muslims. Some constituencies were
earmarked for Muslims and only Muslims could vote their representatives.
■ Could discuss the budget and move resolutions, matters of public interest.
■ They could also ask supplementary questions
■ No discussions on foreign policy or on relations with the princely states
were permitted.
■ Indians were given membership to the Imperial Legislative Council for the
first time.
● Govt. Of India Act 1919 (Montague - Chelmsford Reforms) :

■ Separating the central and provincial subjects.

■ The central and provincial legislatures were authorised to make laws on
their respective list of subjects
■ It further divided the provincial subjects into two parts—transferred and
reserved
■ Transferred subjects were to be administered by the governor with the aid
of ministers responsible to the legislative Council
 ■ The reserved subjects, on the other hand, were to be administered by the
governor and his executive council without being responsible to the
legislative Council.
■ This dual scheme of governance was known as ‘diarchy’
■ It introduced, for the first time, bicameralism and direct elections in the
country.
■ It extended the principle of communal representation by providing
separate electorates for Sikhs, Indian Christians, Anglo-Indians and
Europeans.
■ It granted franchise to a limited number of people on the basis of property,
tax or education.
■ Created a new office of the High Commissioner for India in London and
transferred to him some of the functions hitherto performed by the
Secretary of State for India
■ It separated, for the first time, provincial budgets from the Central budget
and authorised the provincial legislatures to enact their budgets.
■ It provided for the appointment of a statutory commission to inquire into
and report on its working after ten years of its coming into force.

● The Government of India Act 1935 :

○ The grant of a large measure of autonomy to the provinces of ​British India

(ending the system of ​diarchy​ introduced by the ​Government of India Act 1919​)
○ Provision for the establishment of a "Federation of India", to be made up of both
British India and some or all of the "​princely states​"
○ The introduction of direct elections, thus increasing the franchise from seven
million to thirty-five million people
○ A partial reorganization of the provinces:
■ Sindh​ was separated from ​Bombay
 ■ Bihar and Orissa​ was split into separate provinces of ​Bihar​ and ​Orissa
■ Burma​ was completely separated from India
■ Aden​ was also detached from India, and established as a separate Crown
colony
○ Membership of the provincial assemblies was altered so as to include any number
of elected Indian representatives, who were now able to form majorities and be
appointed to form governments
○ The establishment of a ​Federal Court

● The Simon Commission :

○ The Simon Commission was a group of 7 MPs from Britain who was sent to India
in ​1928 ​to study constitutional reforms and make recommendations to the
government.
○ People in India were outraged and insulted that the Simon Commission, which
was to determine the future of India,​ did not include a single Indian member​.
○ On 30 October 1928, the Commission arrived in ​Lahore​ where it was met by
protesters waving black flags.​ ​The protest was led by the Indian nationalist Lala
Lajpat Rai, who had moved a resolution against the Commission in the
Legislative Assembly of ​Punjab​ in February 1928. In order to make way for the
Commission, the local police force began beating protestors. Lala Lajpat Rai was
critically injured and died a fortnight later.
○ The Commission published its 2-volume report in May 1930. It proposed the
abolition of ​dyarchy​ and the​ establishment of representative government​ in the
provinces.
○ It also recommended that separate communal electorates be retained, but only
until tensions between Hindus and Muslims had died down.
 ○ In September 1928, ahead of the Commission's release, ​Motilal Nehru​ presented
his ​Nehru Report​ to counter its charges that Indians could not find a constitutional
consensus among themselves.
○ The outcome of the Simon Commission was the ​Government of India Act 1935​,
which called for "responsible" government at the provincial level in India but not
at the national level—that is a government responsible to the Indian community
rather than London. It is the basis of many parts of the ​Indian Constitution​.

● Nehru Report :

○ Unlike the eventual ​Government of India Act 1935​ it contained a ​Bill of Rights​.
○ All power of government and all authority - ​legislative​, ​executive​ and ​judicial​ -
are derived from the people and the same shall be exercised through organisations
established by, or under, and in accord with, this Constitution.
○ There shall be no ​state religion​; men and women shall have equal rights as
citizens​.
○ There should be ​federal​ form of government with ​residuary powers​ vested in the
centre​.(Some scholars, such as Moore 1988 considered the Nehru Report proposal
as essentially ​unitary​ rather than ​federal​);
○ It included a description of the machinery of government including a proposal for
the creation of a ​Supreme Court​ and a suggestion that the provinces should be
linguistically determined​.
○ It did not provide for ​separate electorates​ for any community or ​weightage​ for
minorities​. Both of these were liberally provided in the eventual ​Government of
India Act 1935​. However, it did allow for the reservation of minority seats in
provinces having a ​minorities​ of at least ten percent, but this was to be in strict
proportion to the size of the community.
○ The language of the Union shall be ​Indian​, which may be written either in
Devanagari (Hindi/Sanskrit), Telugu, Kannada, Marathi, Gujarati, Bengali or
 Tamil in character. The use of the English language shall be permitted.

● Cripps Proposal 1942 :

○ The Cripps Mission was a failed attempt in late March 1942 by the ​British
government​ to secure full Indian cooperation and support for their efforts in
World War II.
○ The mission was headed by a senior minister ​Sir Stafford Cripps​.
○ Cripps worked to keep India loyal to the British war effort in exchange for a
promise of elections and full self-government (​Dominion status​) once the war was
over.
○ Cripps discussed the proposals, which he had drafted himself, with the Indian
leaders and published them. Both the major parties rejected his proposals, and
they were also unacceptable to Churchill, who had long been the leader of the
movement to block Indian independence; no middle way was found and the
mission failed.
○ Congress moved towards the ​Quit India​ movement whereby it refused to
cooperate in the war effort; in response, the British imprisoned practically the
entire Congress leadership for the duration of the war. Jinnah and the Muslims, to
whom Cripps had offered the right to opt out of a future Union, supported the war
effort and gained in status in British eyes.
○ The Congress stopped talks with Cripps and, guided by Gandhi, the national
leadership demanded immediate self-government in return for war support.
Gandhi said that Cripps' offer of Dominion Status after the war was a "post-dated
cheque drawn on a failing bank".

■ Reasons for failure :

● Gandhi's opposition led the Indian National Congress to reject the
British offer.
 ● Cripps' modification of the original British offer, which provided
for no real transfer of power.
● the behind-the-scenes efforts of the Viceroy and Secretary of State
for India to sabotage the mission.

● Wavell Plan :

In October 1943 the British Government decided to replace Lord Linlithgow with
Lord Wavell as the Viceroy of India. Right after assuming charge as Viceroy,
Wavell’s most important task was to present a formula for the solution of the
Indian problem which was acceptable for both the Congress and the Muslim
League. After doing his basic homework, in May 1945 he visited London and
discussed his suggestions with the British Government. The London talks resulted
in the formulation of a definite plan of action which was commonly known as
Wavell Plan presented the following proposals:

1. If all the Indian political parties would help the British in the war then the
British Government would introduce Constitutional Reforms in India after
the war.
2. Viceroy’s Executive Council would be immediately reconstituted and the
number of its members would be increased.
3. In that Council there would be equal representation of high class Hindus
and the Muslims.
4. Other minorities including low-caste Hindus, Shudders and Sikhs would
be given representation in the Council.
5. All the members of the Council, except the Viceroy and the
Commander-in-Chief would be Indians.
6. An Indian would be appointed as the member of Foreign Affairs in the
Council. However, a British Commissioner would be appointed to look
after the matters relating to the trade.
7. Defence of India was to be in the hands of a British authority till Power
was transferred to the Indian hands
8. Viceroy would convene a meeting of the Indian politician including the
leaders of Congress and the Muslim League so that they could nominate
the names of the members of the new Council.
 9. If this plan is approved for the Central Government then same type of
popular ministries comprising of the political leaders would be formed in
all the provinces.
10. None of the changes suggested will in any way prejudice or prejudge the
essential form of the future permanent Constitution of India

In order to discuss the proposal with the Indian leaders, Wavell summoned
a conference in Simla on June 25, 1945.

● Cabinet Mission Plan :

Cabinet Mission was composed of three Cabinet Ministers of England

1. Sir Pethick Lawrence, Secretary of State for India.

​

2. Sir Stafford Cripps, President the Board of Trade.

3. Alexander, the First Lord of the Admiralty.

The mission arrived on March 24, 1946. The objective of this mission was to

● Devise a machinery to draw up the constitution of Independent India.

● Make arrangements for interim Government.

Thus, the mission was like a declaration of India’s independence.

Recommendations of Mission

● The unity of India had to be retained.

● It proposed a very loose union of all the Indian territories under a centre
that would control merely defence, the Foreign Affairs and
Communication.
● The Union would have the powers necessary to raise the finances to
manage these subjects.
● All subjects other than Union subjects and residuary power would vest in
the provinces of British India.
● The Princely Legislatures would then elect a Constituent Assembly or a
Constitution making body with each province being allotted a specified
number of seats proportionate to its population.
● The proposed Constituent Assembly was to consist was to consist of 292
members from British India and 93 from Indian States.
 ● The Mission proposed an immediate formation of Interim Government at
the centre, enjoying the support of major political parties and with the
Indians holding all the portfolios.

● Mountbatten Plan :

In February, 1947, Lord Mountbatten was sent as the Viceroy to India to ensure
early transfer of power. He put up his plan on June 3, 1947 which included
partition of India.

Provisions of the Mountbatten Plan

● British India was to be partitioned into two dominions – India and

Pakistan.
● The constitution framed by the Constituent Assembly would not be
applicable to the Muslim-majority areas (as these would become
Pakistan). The question of a separate constituent assembly for the
Muslim-majority areas would be decided by these provinces.
● As per the plan, the legislative assemblies of Bengal and Punjab met and
voted for the partition. Accordingly, it was decided to partition these two
provinces along religious lines.
● The legislative assembly of Sind would decide whether to join the Indian
constituent assembly or not. It decided to go with Pakistan.
● A referendum was to be held on NWFP and Sylhet district (in the province
of Assam) to decide which dominion to join. NWFP decided to join
Pakistan while Khan Abdul Gaffar Khan boycotted and rejected the
referendum.
● The date for the transfer of power was to be August 15, 1947.
● To fix the international boundaries between the two countries, the
Boundary Commission was established chaired by Sir Cyril Radcliffe. The
commission was to demarcate Bengal and Punjab into the two new
countries.
● The princely states were given the choice to either remain independent or
accede to India or Pakistan. The British suzerainty over these kingdoms
was terminated.
● The British monarch would no longer use the title ‘Emperor of India’.
● After the dominions were created, the British Parliament could not enact
any law in the territories of the new dominions.
 ● Until the time the new constitutions came into existence, the
Governor-General would assent any law passed by the constituent
assemblies of the dominions in His Majesty’s name. The
Governor-General was made a constitutional head.

● Indian Independence Act :

Indian Independence Act of 1947 On February 20, 1947, the British Prime
Minister Clement Atlee declared that the British rule in India would end by June
30,1948; after which the power would be transferred to responsible Indian hands.
This announcement was followed by the agitation by the Muslim League
demanding partition of the country. Again on June 3, 1947, the British
Government made it clear that any Constitution framed by the Constituent
Assembly of India (formed in 1946) cannot apply to those parts of the country
which were unwilling to accept it.
On the same day (June 3, 1947), Lord Mountbatten, the viceroy of India, put
forth the partition plan, known as the Mountbatten Plan. The plan was accepted
by the Congress and the Muslim League. Immediate effect was given to the plan
by enacting the Indian Independence Act 9 (1947).

Features of the Act :

1. It ended the British rule in India and declared India as an independent and
sovereign state from August 15,1947.
2. It provided for the partition of India and creation of two independent
dominions of India and Pakistan with the right to secede from the British
Commonwealth.
3. It abolished the office of viceroy and provided, for each dominion, a
governor-general, who was to be appointed by the British King on the
advice of the dominion cabinet. His Majesty’s Government in Britain was
 to have no responsibility with respect to the Government of India or
Pakistan.
4. It empowered the Constituent Assemblies of the two dominions to frame
and adopt any constitution for their respective nations and to repeal any
act of the British Parliament, including the Independence act itself.

● August Offer 1940 :

Constituent Assembly Related Info

● The Constituent Assembly met for the first time in New Delhi on 9 December, 1946
● Pandit Jawaharlal Nehru, Maulana Abul Kalam Azad, Sardar Vallabhbhai Patel, Acharya
J.B. Kripalani, Dr. Rajendra Prasad, Smt. Sarojini Naidu, Shri Hare-Krushna Mahatab,
Pandit Govind Ballabh Pant, Dr. B.R. Ambedkar, Shri Sarat Chandra Bose, Shri C.
Rajagopalachari and Shri M. Asaf Ali.- Important people, remember a few
● 207 representatives including 9 women
● Dr. Sachchidananda Sinha, the temporary Chairman of the Assembly
● After the Chairman's inaugural address and the nomination of a Deputy Chairman, the
members were formally requested to present their credentials. The First Day's
proceedings ended after all the 207 members present submitted their credentials and
signed the Register.
● The Constituent Assembly took almost three years (two years, eleven months and
seventeen days) to draft the Constitution
● Held eleven sessions covering a total of 165 days. Of these, 114 days were spent on the
consideration of the Draft Constitution.
● 292 members were elected through the Provincial Legislative Assemblies; 93 members
represented the Indian Princely States; and 4 members represented the Chief
Commissioners' Provinces, but Partition, so some members transferred to Constituent
Assembly of Pakistan, the total strength reduced to 299 (from 389)
● On 13 December, 1946, Pandit Jawaharlal Nehru moved the Objectives Resolution
 ○ Declared solemn resolve to proclaim India as an Independent Sovereign Republic
and to draw up a Constitution
○ Declared India to be a Union of British Indian territories, States and parts outside
India that want to be a part of India
○ Such territories would still be autonomous units
○ All power and authority is drawn from the people
○ Safeguards will be provided for minorities, backward classes
○ Integrity of territory will be maintained
● Late in the evening of 14 August, 1947 the Assembly met in the Constitution Hall and at
the stroke of midnight, took over as the Legislative Assembly of an Independent India.
● On 29 August, 1947, the Constituent Assembly set up a Drafting Committee under the
Chairmanship of Dr. B.R. Ambedkar
● The Constitution of India was adopted on 26 November, 1949 and the hon'ble members
appended their signatures to it on 24 January, 1950.
● The Constitution of India came into force on 26 January, 1950.
 Unit 2
A ​constitution​ is an aggregate of fundamental ​principles​ or established ​precedents​ that constitute
the ​legal​ basis of a ​polity​, ​organisation​ or other type of ​entity​, and commonly determine how that
entity is to be governed.

1. Preamble of the Constitution ​:

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN​, ​SOCIALIST​, ​SECULAR​, ​DEMOCRATIC​, ​REPUBLIC​ and to
secure to all its citizens
JUSTICE​, social, economic and political;
LIBERTY​ of thought, expression, belief, faith and worship;
EQUALITY​ of status and of opportunity; and to promote among them all
FRATERNITY​ assuring the dignity of the individual and the unity and integrity of the
Nation;
IN OUR CONSTITUENT ASSEMBLY this 26th day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

A. Sovereign​ means the independent authority of a State. It means that it has

the power to legislate on any subject; and that it is not subject to the
control of any other State or external power.
B. Socialist​ here refers to ​democratic socialism​, i.e. achievement of socialist
goals through democratic, evolutionary and non-violent means.
Essentially, it means that (since wealth is generated socially) wealth
should be shared equally by society through ​distributive justice​, not
concentrated in the hands of the few, and that the government should
regulate the ownership of land and industry to reduce socio-economic
inequalities.
C. Secular​ means that the relationship between the government and religious
groups are determined according to constitution and law. It separates the
power of the state and religion. By the 42nd Amendment in 1976, the term
"Secular" was also incorporated in the Preamble. There is no difference of
religion i.e. ​Hinduism​, ​Buddhism​, ​Jainism​, ​Sikhism​, ​Christianity​ and
Islam​ are equally respected and moreover, there is no ​state religion​. All
the citizens of India are allowed to profess, practice and propagate.
D. Democracy​ : The people of India elect their governments by a system of
universal adult franchise, popularly known as "one person one vote".
Every citizen of India 18 years of age and above and not otherwise
debarred by law is entitled to vote. The word 'democratic' not only refers
to political but also to social & economic democracy.
E. Republic​ : In a ​republican form of government​, the head of state is elected
and not a hereditary monarch. Thus, this word denotes a government
where no one holds public power as proprietary right, as opposed to a
monarchy. A democratic republic is an entity in which the head of state is
elected, directly or indirectly, for a fixed tenure. Thus, India has a
President who is elected and has a fixed term of office.
F. Justice
India seeks social, economic and political ​justice​ to ensure equality to its
citizens.
(i) Social Justice:
Social Justice means the absence of socially privileged
classes in the society and no discrimination against any citizen on
grounds of caste, creed, color, religion, gender or place of birth.
India stands for eliminating all forms of exploitation from the
society.
(ii) Economic Justice:
Economic Justice means no discrimination between man
 and woman on the basis of income, wealth and economic status. It
stands for equitable distribution of wealth, economic equality, the
end of monopolistic control over the means of production and
distribution, decentralisation of economic resources, and the
securing of adequate opportunities to all for earning their living.
(iii) Political Justice:
Political justice means equal, free and fair opportunities to
the people for participation in the political process. It stands for the
grant of equal political rights to all the people without
discrimination. The Constitution of India provides for a liberal
democracy in which all people have the right and freedom to
participate.

G. Liberty​ : The idea of ​Liberty​ refers to the freedom on the activities of

Indian nationals. This establishes that there are no unreasonable
restrictions on Indian citizens in terms of what they think, their manner of
expressions and the way they wish to follow up their thoughts in action.
However, liberty does not mean freedom to do anything, and it must be
exercised within the constitutional limits.
H. Equality​ : This envisages that no section of the society enjoys special
privileges and individuals are provided with adequate opportunities
without any discrimination: all are equal before the law.
I. Fraternity​ : This refers to a feeling of brotherhood and a sense of
belonging with the country among its people. It embraces psychological as
well as territorial dimensions of National Integration. It leaves no room for
regionalism, ​communalism​, ​casteism​ etc., which hinders the unity of the
State.
2. Fundamental Rights :

Fundamental rights for Indians have also been aimed at overturning the inequalities of
pre-independence social practices. Specifically, they have also been used to abolish
untouchability and thus prohibit discrimination on the grounds of religion, race, caste,
sex, or place of birth. They also forbid trafficking of human beings and forced labour (a
crime). They also protect cultural and educational rights of religious and linguistic
minorities by allowing them to preserve their languages and also establish and administer
their own education institutions. They are covered in Part III (Articles 12 to 35) of the
Indian constitution.

It is provided by the constitution.

● Right to Equality : (Articles 14-18)

The right to equality includes equality before the law,the prohibition of discrimination on
grounds of religion,race, caste, gender or place of birth, equality of opportunity in matters
of employment, the abolition of untouchability and abolition of titles.

Article 14 (Equality before law):

● Article 14 says that state shall not deny to any person equality before the law or
the equal protection of the laws within the territory of India.
● Art. 14 is available to any person including legal persons viz. statutory
corporation, companies, etc.
● Art. 14 is taken from the concept of equal protection of laws has been taken from
the Constitution of the USA.
● The concept of the rule of law is a negative concept while the concept of equal
protection of laws is a positive concept.
● The concept of ​equality before the law​ is equivalent to the second element of the
concept of the ‘rule of law’ propounded by A.D. dicey, the British jurist. But
certain exceptions to it are, the president of India, state governors, Public
 servants, Judges, Foreign diplomats, etc., who enjoy immunities, protections, and
special privileges.

Article 15 (Prohibition of discrimination on the grounds of religion, race, caste, sex

or place of birth):

● Article 15 says that the state shall not discriminate against only of religion, race,
sex, place of birth or any of them.
● Under Article 15 (3) & (4), the government can make special provisions for
women & children and for a group of citizens who are economically and socially
backward.

Article 16 (Equality of opportunities in matters of public employment):

● Article 16 says that there shall be equality of opportunity for all citizens in
matters relating to employment or appointment to any office under the state.

Article 17 (Abolition of Untouchability):

● Article 17 says that ​Untouchability ​is abolished and its practice in any form is
forbidden. The enforcement of any disability arising out of untouchability shall
be an offense punishable by law.

Article 18 (Abolition of titles):

● Article 18 says that no title, not being a military or academic distinction, shall be
conferred by the State. No citizen of India shall accept any title from any foreign
state.
● The awards, Bharat Ratna, Padma Vibhuhan, Padma Bhushan and Padma Shri,
called as The National Awards would not amount to title within the meaning of
Article 18(i).
● Right to Freedom :​ ​(Articles 19-22)

The right to freedom includes ​freedom of speech and expression​, assembly, association or
union or cooperatives, movement, residence, and the right to practice any profession or
occupation.

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

Article 19 says that all citizens shall have the right

1. to freedom of speech and expression.

2. To assemble peacefully and without arms.
3. To form associations or unions.
4. To move freely throughout the territory of India.
5. To practice any profession or to carry on any occupation, trade or
business.

Article 20 ​(Protection in respect of conviction for offenses):

Article 20 says that state can impose reasonable restrictions on the groups of
security of the state, friendly relations with foreign states, public order, decency,
morality, contempt of court, defamation, etc.

Article 21​ deals with Protection of life and personal liberty​.

Article 21A states that that state shall provide free and compulsory education to all
children of the age of 6-14 years.

Article 22​ deals with protection against arrest and detention in certain cases.

● Right against Exploitation : (Articles 23-24)

The right against exploitation prohibits all forms of ​forced labour​, child labour
and trafficking of human beings.
 Article 23​ deals with the prohibition of traffic in human beings and forced labor.
Article 24​ deals with prohibition of employment of children in factories, etc.

● Right to Freedom of Religion : (Articles 25-28)

The right to freedom of religion includes freedom of

conscience and free profession, practice, and propagation of
religion, freedom to manage religious affairs, freedom from
certain taxes and freedom from religious instructions in certain
educational institutes.

Article 25​ deals with freedom of conscience and free profession, practice, and
propagation of religion.
Article 26​ deals with freedom to manage religious affairs.
Article 27​ deals with freedom as to payment of taxes for promotion of any
particular religion.
Article 28​ deals with freedom as to attendance at religious instructions or
religious worship in certain educational institutions.

● Cultural and Educational Rights : (Articles 29-30)

Cultural and educational rights preserve the right of any section of citizens to
conserve their culture, language or script, and right of minorities to establish and
administer educational institutions of their choice.
Article 29​ deals with the protection of language, script, and culture of minorities.
Article 30​ deals with the right of minorities to establish and administer
educational institutions.
 ● Right to constitutional remedies : (Articles 32)

The right to ​constitutional remedies​ is present for enforcement of fundamental rights. The
right to privacy is an intrinsic part of Article 21 (the Right to Freedom) that protects the
life and liberty of the citizens.

Article 32​ deals with the right to move to the supreme court for the enforcement of
Fundamental Rights including the Writs of

(i) Habeas corpus

(ii) Mandamus
(iii) Prohibition
(iv) Certiorari
(iv) Quo warranto

Cases regarding Fundamental Rights

1) Shankari Prasad (1951)

○ Article 368 - Power to amend Constitution.

○ Court rules that Parliament has the power to take away even fundamental
rights.

2) Golaknath v/s State of Punjab (1967)

○ Court rules Parliament can’t take away fundamental rights.

○ Articles Involved : 14, 13, 32, 368

In 1971, the 24th constitutional amendment was conducted in a show of

power from the parliament. It gave the parliament the right to take away
fundamental rights.

3) Keshavananda Bharathi Case (1973)

 ○ Court Establishes ​Basic Structure Doctrine​, propounded by Justice​ ​Hans
Raj Khanna​ - It stated that a law can be amended as long as it does not
alter the basic structure of the constitution.
○ Articles Involved : 13, 14, 21, 26, 31-C, 31-D, 39, 368
○ AN Ray became CJI after this in a controversial manner as his
appointment superceded three senior judges and was viewed as an attack
on the judiciary’s independence.

In 1976, the 42nd Constitutional Amendment gave the Parliament the power
to alter even the basic structure of the constitution.

4) Minerva Mills v/s Union of India (1980)

○ Court rules that Parliament has no power to alter basic structure of the
constitution.

3. Directive Principles of State Policy

Features of DPSP:
● Part IV of constitution
● Inspired by instruments of instruction from Ireland and Spain
● They are directions for the State Government to form laws.
● These are mostly socio-economic rights.
● DPSPs prove that our country is a welfare state, not a police state (a police state
only cares about itself while a welfare state is to care about the people of the state)
(Art 38)
● It is the ​duty​ of the state to apply these but it is not enforceable.
● It is ​fundamental​ to governance at the state level. (Art 37)
● They are also rights, but unlike the fundamental rights they are ​not guaranteed​ and
thus ​not justiciable.​ (Art 37)
● The only way these rights are enforceable is through elections. The people should
not re-elect someone who did not follow the DPSPs.
 Some Important Directive Principles :

● Article 39​ - Certain principles of policy to be followed by the State.

● That the citizens, men and women equally, have the right to an adequate means of
livelihood;
● That the ownership and control of the material resources of the community are so
distributed as best to subserve the common good;
● That the operation of the economic system does not result in the concentration of
wealth and means of production to the common detriment;
● That there is equal pay for equal work for both men and women;
● That the health and strength of workers, men and women, and the tender age of
children are not abused and that citizens are not forced by economic necessity to
enter avocations unsuited to their age or strength; (Ex: Retirement Age)
● That children are given opportunities and facilities to develop in a healthy manner
and in conditions of freedom and dignity and that childhood and youth are
protected against exploitation and against moral and material abandonment. (Ex:
CDCs, orphanages)

● Article 39A​ - Equal justice and free legal aid.

The State shall secure that the operation of the legal system promotes justice, on a
basis of equal opportunity, and shall, in particular, provide free legal aid, by
suitable legislation or schemes or in any other way, to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other
disabilities. (42nd Amendment)

● Article 40​ - Organisation of village panchayats.

 The State shall take steps to organise village panchayats and endow them with
such powers and authority as may be necessary to enable them to function as units
of self-government.

● Article 41​ - Right to work, to education and to public assistance in certain cases

The State shall, within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and disablement, and in
other cases of undeserved want.

● Article 42​ - Provision for just and humane conditions of work and maternity relief

The State shall make provision for securing just and humane conditions of work and
for maternity relief.

● Article 43​ - Living wage, etc., for workers

The State shall endeavor to secure, by suitable legislation or economic organisation

or in any other way, to all workers agricultural, industrial or otherwise, work, a
living wage, conditions of work ensuring a decent standard of life and full
enjoyment of leisure and social and cultural opportunities and, in particular, the
State shall endeavour to promote cottage industries on an individual or co-operative
basis in rural areas.The Constitution provides that every community can run its own
institutions to preserve its own culture and language. The minorities are also given
the right to establish and administer educational institutions of their own

● Article 43A​ - Participation of workers in the management of industries

 The State shall take steps, by suitable legislation or in any other way, to secure the
participation of workers in the management of undertakings, establishments or other
organisations engaged in any industry. (Ex: Trade Unions)

● Article 44​ - Uniform civil code for the citizens

The State shall endeavour to secure for the citizens a uniform civil code throughout
the territory of India. (Ex: Uniform Marriage Laws: right now, there are different
special marriage laws according to different religions. This article is the unfulfilled
dream of the founding fathers)

● Article 45​ - Provision for free and compulsory education for children.

The State shall endeavor to provide, within a period of ten years from the
commencement of this Constitution, for free and compulsory education for all
children until they complete the age of fourteen years. (Ex: Art 21A, Right to
Education)

● Article 46​ - Promotion of educational and economic interests of Scheduled Castes,

Scheduled Tribes and other weaker sections.

The State shall promote with special care the educational and economic interests of
the weaker sections of the people, and in particular, of the Scheduled Castes and the
Scheduled Tribes, and shall protect them from social injustice and all forms of
exploitation.

● Article 47​ - Duty of the State to raise the level of nutrition and the standard of living and
to improve public health.
 The State shall regard the raising of the level of nutrition and the standard of living
of its people and the improvement of public health as among its primary duties and,
in particular, the State shall endeavour to bring about prohibition of the
consumption except for medicinal purposes of intoxicating drinks and of drugs
which are injurious to health. (Ex: Gujarat is a dry state with a full liquor ban across
the state)

● Article 48​ - Organization of agriculture and animal husbandry.

The State shall endeavour to organize agriculture and animal husbandry on modern
and scientific lines and shall, in particular, take steps for preserving and improving
the breeds, and prohibiting the slaughter of cows and calves and other milch and
draught cattle. (Green Revolution, White Revolution, banning of beef, etc)

● Article 48A ​- Protection and improvement of environment and safeguarding of forests

and wildlife.

The State shall endeavour to protect and improve the environment and to safeguard
the forests and wildlife of the country. (42nd Amendment under Indira Gandhi)

● Article 49​ - Protection of monuments and places and objects of national importance.

It shall be the obligation of the State to protect every monument or place or object
of artistic or historic interest, declared by or under law made by Parliament to be of
national importance, from spoliation, disfigurement, destruction, removal, disposal
or export, as the case may be. (Ex: AMASAR act- Ancient Monuments and
Archaeological Sites and Remains Act)
● Article 50​ - Separation of judiciary from executive.

The State shall take steps to separate the judiciary from the executive in the public
services of the State. (Keshavananda Bharati case: district Magistrate enjoyed both
executive and judicial powers. This was amended)

● Article 51​ - Promotion of international peace and security.

○ promote international peace and security;

○ maintain just and honourable relations between nations;
○ foster respect for international law and treaty obligations in the dealings of
organised people with one another; and
○ encourage settlement of international disputes by arbitration.

4. Fundamental Duties
Fundamental duties of every citizen :
● To abide by the Constitution and respect its ideals and institutions, the National
Flag and the National Anthem;
● To cherish and follow the noble ideals which inspired our national struggle for
freedom;
● To uphold and protect the sovereignty, unity and integrity of India;
● to defend the country and render national service when called upon to do so;
● to promote harmony and the spirit of common brotherhood amongst all the people
of India transcending religious, linguistic and regional or sectional diversities; to
renounce practices derogatory to the dignity of women;
● To value and preserve the rich heritage of our composite culture;
● To protect and improve the natural environment including forests, lakes, rivers,
wildlife and to have compassion for living creatures;
● To develop the scientific temper, humanism and the spirit of inquiry and reform;
 ● To safeguard public property and to abjure violence;
● To strive towards excellence in all spheres of individual and collective activity so
that the nation constantly rises to higher levels of endeavour and achievement;
● Who is a parent or guardian, to provide opportunities for education to his child, or
as the case may be, ward between the age of six to fourteen years.

5. Emergency Provisions ​:
● Article 352​ :
This article as enacted by the Constituent Assembly of India provides the president with powers to
declare a state of emergency in the nation if he/she is satisfied that the stability and integrity of India is
threatened by either external aggression or armed rebellion. This power can only be exercised on the
advice of the prime minister and his council of ministers.

● Article 353
This article allows the central government to override the seventh schedule of the
constitution (dealing with the differentiation of subjects between the central and
state government). It also allows the president to prolong the life of the Lok Sabha
one year at time.

● Article 354
Article 354 empowers the central government to make funding allocations within
the centre-state financial arrangements besides those stated in Article 268-279.

● Article 355
Article 355 outlines the duties of the government concerning individual states
ensuring that the governance of all states is according to the constitution during an
emergency.
 ● Article 360
Provision for Financial Emergency

All articles from 352 - 360

352 - Proclamation of Emergency.

353 - Effect of Proclamation of Emergency.
354 - Application of provisions relating to distribution of revenues while a Proclamation of
Emergency is in operation.

355 - Duty of the Union to protect States against external aggression and internal disturbance.
356 - Provisions in case of failure of constitutional machinery in States.
357 - Exercise of legislative powers under Proclamation issued under article 356.

358 - Suspension of provisions of article 19 during emergencies.

359 - Suspension of the enforcement of the rights conferred by Part III during emergencies.
359A [Repealed.]
360 - Provisions as to financial emergency.

Unit 3

1. Federalism

Why India is a federation :

● Bi-Cameral Legislature – The main feature, which is the definition of

federalism in which there are at least two levels of governance in the
country. There can even be more than two levels of governance but the
entire power is not concentrated with one government.
● Equal Citizenship – All levels of governance with their different
jurisdictions govern the same citizens. This means that to make laws,
legislate and implement these laws by each level of government with their
definite power.
● Written Constitution – Another essential feature is that the federal system
of government is guaranteed by the constitution. It means that the
constitution of that country where is the federal system of government
listed down all powers and duties in the written form of all levels of
government. Without a written constitution there is not a federal system of
government. For example, the UK is not a federal country because there is
not a written constitution. In the written constitution there is no denying
fact that stability maintains in the governance as a whole of the country. In
the absence of a written constitution, there is the possibility of conflicts
and misunderstandings arises in the Center and the State and would cross
the boundary of each other.
● Participation of the Centre and State: As stated above the federalism of a
country must be governed by the constitution. It is also important to know
that any amendment or changes cannot be made unilaterally in the main
parts or essential provisions of the constitution. Such changes or
amendments must also be approved by all the levels of government to go
through.
● Dual Government: It is also stated that there are two levels of government
with separate jurisdictions and separate duties. There may be a possibility
to arise a conflict between the two governments. In a federal state, it is the
duty of the courts to interfere in such a situation to resolve this conflict
and reach a resolution.
● Revenue Sharing: In case of a federal country there should be a system of
Revenue-Sharing between the Center and the States, like as a system of
Power-Sharing between the two levels of government.
Why India is not a federation :

● Strong Centre​:- The central government has the unitary authority to the
appointment of the Governors for various states. Governor is the
representative of the central government and he is also the constitutional
head of the state. Constitution provides under article 355 that the central
government is duty-bound to ensure that there is no failure of
constitutional machinery in the state and the states are protected from the
internal disturbance and external aggression and war. By which to enforce
that duty, Article 356 provides to the central government to impose
Presidential rule and it is the duty of the governor of the concerned state to
make a report to the center about the constitutional failure of the
machinery of the state for political or any other reasons. Like the
President, Governor also enjoys some discretionary powers related to
withholding the bill for the consideration of the president. Thus, the power
of the central government to appoint governors who would be the head of
the particular states is an important unitary feature of the Indian
constitution.
● Single Citizenship​:- The constitution provides a single and uniform
citizenship for the whole of the country. However, in a federal state like
the United States of America, there is dual citizenship in which citizen
firstly owes the duty to the states and then to the union. But in the case of
India, there is single citizenship even though it’s also a federal country. It
prescribed that all the Indian citizens owe allegiance to the Indian Union
and not for the state also. Any citizen of the country enjoys the civil and
political rights throughout India in all states and union territories
irrespective of his birth or residence.
● Integrated Judiciary​:- In India, the Supreme Court at apex defined the
Unified Judiciary which opposed to the federal system of the country
having a dual system of courts. In our unitary judicial system, the Supreme
Court occupies the highest place. We know that the decisions and verdicts
of the Supreme Courts are binding on an inferior court in India.
● Appointment of the Highest Position Machinery​:- All the appointment
on the highest positions are made by the Union Government such as the
Chief Election Commissioner, the Comptroller, and Auditor General and
All India Services such as IAS and IPS have been created which are kept
under the control of the Union.
● No Equality of State Representation​:- Representation in the legislature
in the federal states is on an equal basis, which is also not applicable in
case of Indian States. The Representation of the States in Rajya Sabha is
not equal basis it depends from state to state and regulated by the center
which is basically a unitary feature of the state.
● Parliament’s Authority Over State List​:- In general the power to make
laws under the state list given to the State Government but in certain cases,
the central government has the power to make laws under the state list. If
Rajya Sabha passes a resolution under article 249 of the constitution with
the 2/3rd majority that the parliament should make law with respect to a
particular entry in List II with respect to a particular state. After passing
the resolution the parliament makes law and that law remains in force for
1 and ½ years which means that the resolution remains in force for one
year and the law also will remain to cease after six months the resolution
comes to an end.
● Emergency Provisions​:- The provision of the article 356 provides that the
proclamation can be made and once such proclamation is made, the state
government can be either dismissed or the Assembly can be kept in
suspended animation.
 Indian Federalism vs American Federalism

● The Constitution of the US is very rigid than the Indian Constitution

The Constitution of the US is very precise and rigid running into only a
few pages, whereas the Constitution of India is very bulky containing as
many as XXII parts, 395 articles, and ten schedules. Since the US
Constitution is very rigid, the provisions meant for amending the
Constitution are also very rigid and more formal. The US Constitution has
been amended only 27 times. Whereas, the Indian Constitution, which
came into force in the year 1950, has so far been amended 94 times.
Therefore, it is easy to amend the Indian constitution.
● While the US has the Presidential form of Government, India has a
Parliamentary form of Government
In the US, the President is the head of the state and so his government is
popularly referred as the Presidential form of government. India, on the
other hand, has a Parliamentary form of Government as the Prime Minister
with his cabinet exercises real power with the President being only a
nominal head. The President of US holds office for a period of four years
while the Indian Prime Minister holds power for five years as long as his
political party enjoys a majority in the Lok Sabha. While the US follows
the bi-party system, India has a multi-party system and a complicated
process of election.
● Differences in the judicial system between US and India
The US being a developed country have an advanced judicial system. The
judicial system of India is however rapidly developing. A Judge in the US
holds office as long as he is capable of performing his duties. Indian
Constitution on the other hand states that a District judge holds his post till
 the age of 58, a High Court judge holds till the age of 62 and a Supreme
Court Judge retires at the age of 65.
● Difference in citizenship
The Constitution of India recognises single citizenship. On the other hand,
the US Constitution provides for a double citizenship that is a US citizen
can have citizenship of two countries, USA and some other countries.

Centre State Relations

Articles 245 to 263 of Part XI and Articles 268 to 293 of Part XII describe three types of
Center-State relations i.e. Legislative, Administrative, and Financial.

1) http://www.legalservicesindia.com/article/2312/Central-State-Relation---Legislative,-Ad
ministrative-and-Financial.html
2) https://www.tutorialspoint.com/indian_polity/indian_polity_center_state_relation.htm
3) http://www.yourarticlelibrary.com/essay/the-relation-between-centre-and-state-in-india/2
4925

These links are nice for an overview of centre state relations.

Legislative Relations
● Article 245 to 255 in Part XI
● Includes
○ Territorial jurisdiction of laws made by Parliament and by the legislatures of states
○ Distribution of legislative subjects
○ Power of Parliament to legislate with respect to a matter in the State List
○ Centre’s control on state legislation
● 7th schedule provides for distribution of legislative powers between the centre and
state.
● Subjects are divided into List I (the Union List), List II (the Concurrent List) and List
III (the State List).
● 100 subjects in Union List, including foreign affairs, defence, railway, atomic energy,
communication, currency
● 61 in State List, including roadways, health, agriculture, local government
● 52 in Concurrent List, including education, forests, electricity, criminal law and
procedure

Article 245
Parliament may make laws for the whole or any part of the territory of India, and the
Legislature of a State may make laws for the whole or any part of the State.
(2) No law made by Parliament shall be deemed to be invalid on the ground that it
would have extra-territorial operation.

Article 246
Lists the division of powers as per the respective lists (union, state, concurrent)

Article 247
Parliament may by law provide for the establishment of any additional courts for the
better administration of laws made by Parliament or of any existing laws with respect to
a matter enumerated in the Union List.

Article 248​ ​(Residuary powers of legislation)

Parliament has exclusive power to make any law with respect to any matter not
enumerated in the Concurrent List or State List. Includes the power of making any law
imposing a tax not mentioned in either of those Lists.
Article 249
Power of Parliament to legislate with respect to a matter in the State List in the national
interest.
(The actual article is long and complicated… involves things like 2/3rd majority in
Council of State, expiry date of the resolution and all that. Just read through once
because it might come in handy for lengthening answers)

Article 250
Power of Parliament to legislate with respect to any matter in the State List if a
Proclamation of Emergency is in operation.

Article 251
Inconsistency between laws made by Parliament under articles 249 and 250 and laws
made by the Legislatures of the States.

Article 252
Power of Parliament to legislate for two or more States by consent and adoption of such
legislation by any other State.

Article 253​ ​(Legislation for giving effect to international agreements)

Parliament has power to make any law for the whole or any part of the territory of India
for implementing any treaty, agreement or convention with any other country or
countries or any decision made at any international conference, association or other
body

Article 254
 In case of inconsistency in laws passed by State and Centre with respect to a matter in
the Concurrent list, the legislation of the Centre prevails.

Article 255
This article provides that any law made by parliament or state legislature will not be
invalid only because some recommendations or prior sanction from Governor, President
etc. was not taken.

Administrative Relations
Article 256-263

Article 256
Executive power of each state shall be exercised such that it is in compliance with laws
made by Parliament and existing laws of the state. Executive power of Union- can give
directions to State.

Article 257
● Exec power of state will be exercised such that it does not impede exec power of
the Union.
● Union can give directions to State.
● Union can give directions to State in matters of communication related to military
and national importance.
● The executive power of the Union shall also extend to the giving of directions to a
State as to the measures to be taken for the protection of the railways within the
State.

Article 258​ ​(Power of the States to entrust functions to the Union)

 Governor of a State may, with the consent of the Government of India, entrust either
conditionally or unconditionally to that Government or to its officers functions in
relation to any matter to which the executive power of the State extends.

Article 259

Article 260​ ​(Jurisdiction of the Union in relation to territories outside India)

The Government of India may by agreement with the Government of any territory not
being part of the territory of India undertake any executive, legislative or judicial
functions vested in the Government of such territory, but every such agreement shall
be subject to, and governed by, any law relating to the exercise of foreign jurisdiction
for the time being in force.

Article 261
● Full faith and credit shall be given throughout the territory of India to public acts,
records and judicial proceedings of the Union and of every State.
● The above mentioned records shall be proved and the effect thereof determined shall
be as provided by law made by Parliament.
● Final judgments or orders delivered or passed by civil courts in any part of the
territory of India shall be capable of execution anywhere within that territory
according to law.

Article 262 ​(​Disputes relating to Waters)

● Parliament may by law provide for the adjudication of any dispute or complaint with
respect to the use, distribution or control of the waters of, or in, any inter-State river or
river valley.
● Parliament may by law provide that neither the Supreme Court nor any other court
shall exercise jurisdiction in respect of any such dispute or complaint
 Article 263
If President thinks a Council need to be formed to
● Inquire and advise for interstate disputes
● Investigate and discuss subjects in which Union and state have common interest
● Make recommendations for better coordination of policy and action with respect to the
above mentioned subjects
Then, he can establish a council, define the nature of duties, its organisation and working.

Financial Relations
Indian Constitution has made elaborate provisions, relating to the distribution of the taxes
as well as non-tax revenues and the power of borrowing, supplemented by provisions for
grants-in-aid by the Union to the States.

Article 268 to 293 deals with the provisions of financial relations between Centre and
States.
The Constitution divides the taxing powers between the Centre and the states as follows:

The Parliament has exclusive power to levy taxes on subjects enumerated in the Union
List, the state legislature has exclusive power to levy taxes on subjects enumerated in the
State List, both can levy taxes on the subjects enumerated in the Concurrent List whereas
residuary power of taxation lies with Parliament only.

● Article 268 describes the ​Duties​ levied by the Union but collected and
appropriated by the States.
● Article 269 describes the ​Taxes​ levied and collected by the Union but assigned to
the States.
● Article 270 describes the ​Taxes​ levied and distributed between the Union and the
States.
Commissions on Centre - State Relations

● The Sarkaria Commission has recommended the Constitution of a permanent inter-State

Council. Such a council, consisting of six Union Cabinet Ministers and the Chief
Ministers of all the States, has been created in April 1990.

● Arts. 270, 273, 275 and 280 provide for the Constitution of a Finance Commission (at
stated inter​vals) to recommend to the President certain measures relating to the
distribution of financial re​sources between the Union and the States, for instance,
percentage of the net proceeds of income- tax which should be assigned by the Union to
the States and the manner in which the share to be assigned shall be distributed among to
the States [Art. 280].

● Rajmannar Commission, 1969

In 1969, the Tamil Nadu government appointed Rajmannar Commission to look into
this aspect and it submitted its report in 1971. It demanded readjustment of the
VII schedule and residuary power to the states. Its other important
recommendations are given in the following:

● Setting of an Inter-State council immediately

● Finance commission to be made a permanent body
● Deletion of Articles 356, 357 and 365 which dealt with the President’s rule
● Abolition of All-India Services (lAS, IPS and IFS)
● Planning Commission to be replaced by a statutory body
● The Central government completely ignored its recommendations.

● The Administrative Reforms Commission (1969)

The Administrative Reforms Commission (1969) made 22 recommendations to improve
 Centre State relations. It ruled out any constitutional amendment and considered the
existing provisions as sufficient to regulate federal tensions. The important
recommendations are given out of 22 recommendations in the following:
● Establishment of an Inter-state council under Article 263 of the constitution
● Delegation of powers to the maximum extent to the states
● Augmenting financial resources of the states through fiscal transfers from the
centre
● Appointment of non-partisan persons having long experience in public life and
administration as Governor of a state

● The Constitution of the ​Finance Commission​ is laid down in Art. 280, which has to be
read with the Finance Commission (Miscellaneous Provisions) Act of 1951, which has
supplemented the pro​visions of the Constitution. Briefly speaking, the Commission has to
be reconstituted by the Presi​dent, every five years.
The First Finance Commission was constituted in 1951, with Sri Neogy as the Chairman
and it submitted its report in 1953.

The Chairman must be a person having ‘experience in public affairs’, and the
other four members must be appointed from amongst the following

● a) A High Court Judge or one qualified to be appointed as such;

● (b) a person having special knowledge of the finances and ac​counts of the
Government;
● (c) a person having wide experience in financial matters, and administra​tion;
● (d) a person having special knowledge of economics,
● (e) a person familiar with treasures needed to augment the consolidated fund of a
State to supplement the resources of the Panchayat, in the State.
● Punchi Commission in 2007

The Central government constituted the Punchi Commission in 2007 to examine

centre-state relations along with the possibility of giving sweeping powers to the centre
 for suo motu deploy¬ment of Central forces in states and investigation of crimes
affecting national security. It was chaired by the former Chief Justice of India M.M.
Punchi. It submitted its recommendation in 2009. Some of its important
recommendations are given in the following:

● It called for giving a fixed term of five years to the governors and their removal
by the pro¬cess of impeachment (similar to that of the President) by the State
Legislature.
● The governor should have the right to sanction prosecution of a minister against
the advice of the council of ministers.
● It called for an amendment of Articles 355 and 356 to enable centre to bring
specific trouble-torn areas under its rule for a limited period. Hence, it proposed
‘localizing emer¬gency provisions’ under which either a district or parts of a
district can be brought under the central rule instead of the whole state. Such an
emergency should not be for more than 3 months.
● It proposed that Centre should have power to deploy its forces in case of
communal con¬flagration without state’s consent for a short period of a week.

Areas of Conflict
The issues which created tensions and conflicts between the Centre and states are:

(1) Mode of appointment and dismissal of governor

(2) Discriminatory and partisan role of governors

(3) Imposition of President’s Rule for partisan interests

(4) Deployment of Central forces in the states to maintain law and order
(5) Reservation of state bills for the consideration of the President

(6) Discrimination in financial allocations to the states

(7) Role of Planning Commission in approving state projects

(8) Management of All-India Services (IAS, IPS, and IFS)

(9) Use of electronic media for political purposes

(10) Appointment of enquiry commissions against the chief ministers

(11) Sharing of finances (between Centre and states)

(12) Encroachment by the Centre on the State List.

Unit 4

Veto powers of the President

Absolute Veto:
It refers to the power of the President to withhold his assent to a bill passed by the
Parliament. The bill then ends and does not become an act. Usually, this veto is
exercised in the following two cases:
(a) With respect to private members bills (bills introduced by any member of
Parliament who is not a minister);
(b) With respect to the government bills when the cabinet resign (after the passage of
the bills but before the assent by the President) and the new cabinet advises the
President not to give his assent to such bills.

Suspensive Veto:
The President exercises this veto when he returns a bill for reconsideration of the
Parliament. However, if the bill is passed again by the Parliament with or without
amendments and again presented to the President, it is obligatory for the President to
give his assent to the bill. This means that the President veto is overridden by a
re-passage of the bill by the same ordinary majority (and not a higher majority as
required for Qualified Veto in U.S.A.).
The President does not possess this veto in the case of Money bills. The President can
either give his assent to a money bill or withhold his assent to a money bill but cannot
return it for reconsideration of the Parliament.
Normally, the president gives his assent to the money bill as it is introduced in the
Parliament with his previous permission.

Pocket Veto:
In this case, the President neither ratifies nor rejects nor returns the bill, but simply
keeps the bill pending for an indefinite period. This power of the President not to take
any action (either positive or negative) on the bill is known as the Pocket Veto. The
President can exercise this veto power as the Constitution does not prescribe any
time-limit within which he has to take the decision with respect to a bill presented to
him for his assent. In the USA, on the other hand, the president has to return the bill for
reconsideration within 10 days. Hence, it is remarked that the pocket of the Indian
President is bigger than that of the American President​.
 In 1986, President Zail Singh exercised the pocket veto with respect to Indian Post
Office (Amendment) Bill. The bill, passed by the Rajiv Gandhi Government, imposed
restrictions on the freedom of the press.

Qualified veto:
The legislature cannot override the President. The President has the veto power over the bills
passed by the Parliament. That means he can withhold his assent to the bills. The Indian
President does not enjoy the power of Qualified Veto. It is however, possessed by the American
president.

President’s Rule
What is President's Rule in the Indian context?

● The imposition of Article 356 of the Constitution on a State following the failure of
constitutional machinery is called President's Rule in India.​ Once the President's Rule
has been imposed on a state​, the elected state government will be temporarily dissolved,
and the Governor, who is appointed by the government at the Centre, will replace the
Chief Minister as the chief executive of the State.

● The state will fall under the direct control of the Union government, and the Governor
will continue to be head the proceedings, representing the President of India - who is the
Head of the State.

● Article 356 is inspired by sections 93 of the Government of India Act, 1935, which
provided that if a Governor of a province was satisfied that a situation had arisen in
which the government of the province cannot be carried on in accordance with the
provisions of the said Act, he could assume to himself all or any of the powers of the
government and discharge those functions in his discretion.

● The imposition of the President's rule requires the sanction of both the houses of
Parliament. If approved, it can go on for a period of six months. However, the imposition
cannot be extended for more than three years, and needs to be brought before the two
houses every six months for approval.
When can President's Rule be imposed on a state?

● State Legislature is unable to elect a leader as Chief Minister

● Collapse of a Coalition due to disagreements, parting ways within the members
● Serious breakdown law and order
● Elections postponed due to ineludible reasons
● Loss of majority in the state assembly
● Shoot up of insurgency or rebellion

President's Rule: Some interesting facts

● Article 356 has been widely criticised for giving provisions for the party/coalition in the
Centre to misuse democratic powers for political gains. Dr BR Ambedkar called it 'the
death letter of Indian Constitution'. The rival parties running governments in various
states were dissolved by those at the Centre by making use of the Article. The dismissal
of the EMS Namboodiripad-led Communist government in Kerala by Jawaharlal Nehru
in July 1959, and the 21 instances during the period 1975-1979 are often considered as
examples of the misuse of the President's Rule.

● Uttar Pradesh is the Indian state upon which the President's Rule has been imposed for
the most number of times. When UP went under it for a record nine times, Bihar comes
second with eight times. The Governor's Rule imposed on Jammu and Kashmir for a span
of six years (19 January 1990 - 9 October 1996) is the longest one the country has ever
witnessed. Chattisgarh and Telangana are the only Indian states that have never slipped to
President's rule.

● Indira Gandhi tops the chart of Indian Prime Minister's who imposed the most number of
President's rule upon states. During her tenure as the Indian PM from 1966- 77, and
1980- 84, it was imposed for a total of fifty times. The two-year term of Morarji Desai
from1977-79 saw the provision being imposed for sixteen times.

● 1994, the Supreme Court delivered a landmark judgement in the SR Bommai vs Union of
India case, introducing certain guidelines to check the unwarranted intrusion of the
central government and the imposition of Article 356 for political gains.
Role of the President
As per the Indian Constitution, the President of India is:

● the Administrative Head of the Government of India and

● the first Man/Woman of India.

However, in practice, the President of India mostly may appear to be a mere head for the
name’s sake nodding to the tunes of the ruling government.

In the past, the President of India was referred to as a mere​ ‘rubber stamp’​ affixing
his/her assent to all the bills passed by the Parliament of India.

It depends on the person holding the post of the President of India to use the powers
diligently and live up to the expectations of the Constitution of India.

In fact, the role of the President of India is having real independent and exclusive power
to control the activities of the Parliament of India and the ruling government of India at
the centre and the state governments.

During the times when the country is having a civil war or war against a neighboring
country, the role of the President of India is vital.

The President is responsible and empowered to appoint:

● Governors of States
● The Chief Justice, other judges of the Supreme Court and High Courts of India.
● The Attorney General
● The Comptroller and Auditor General
● The Chief Election Commissioner and other Election Commissioners
● The Chairman and other Members of the Union Public Service Commission
 ● Ambassadors and High Commissioners to other countries.

The President will receive the credentials of Ambassadors and High Commissioners from
other countries.

The President is the Commander in Chief and the Supreme Commander of the Indian
Armed Forces.

The President can declare war or conclude a war , subject to the approval of parliament
under the decision of the Council of the three Armed Forces Chief staffs, Military
Secretary and President’s Officer.

The President of India has got the formal and conventional privileged rights
and powers to:

● Summon both the Houses of the Parliament of India and prorogue them and
● Dissolve the Lok Sabha,

according to the advice of the Council of Ministers headed by the Prime Minister of
India.

The President of India has got the privilege and powers and the
responsibility to:

● Inaugurate the Parliament by addressing after the General Elections and

● At the beginning of the first session each year to outline the new policies of the
government.

Judiciary Powers of the President of India

The president has got the powers to appoint:

● The Chief Justice of the Union Judiciary and

 ● Other judges

on the advice of the Chief Justice.

No criminal proceedings can be initiated against the President of India during his/her
term in office.
And the President of India is not answerable for the exercise of his/her duties.

Pardoning Powers of President

Article 72 says that the President shall have the power to grant pardons, reprieves,
respites or remissions of punishment or to suspend, remit or commute the sentence of
any person convicted of any offence. The meaning of these terms is as follows:

Pardon​: Complete pardon

Reprieve​: Temporary suspension of sentence
Respite​: awarding less sentence
Remission​: Reducing the amount of sentence
Commutation​: Changing one punishment to another

Financial Powers of the President of India:

● All money bills originate in Parliament upon the recommendations of the

President of India.
● The President will cause the Annual Budget and supplementary Budgets before
Parliament.
● And no money bill can be introduced in Parliament without the assent of the
President of India..
● The President of India will appoint a ‘Finance Commission once in every five
years.
Parliamentary Privileges:

● The Indian Constitution specifies the powers and privileges of Parliament in Article 105
and those of State legislatures in Article 194. In brief, they:
● Provide freedom of speech in Parliament subject to other provisions of the Constitution
and standing orders of the House.
● Give immunity for all speeches and votes in Parliament from judicial scrutiny.
● Allow Parliament (and State legislatures) to codify the privileges, and until then, have
the same privileges as the British Parliament had in 1950.
● Till now, Parliament and State legislatures have not passed any law to codify their
privileges.

Privileges of Parliamentarians (Individual)

a) Freedom of Speech:​ According to the Indian Constitution, the members of Parliament

enjoy freedom of speech and expression.

No member can be taken to task anywhere outside the four walls of the House (e.g. court
of law) or cannot be discriminated against for expressing his/her views in the House and
its Committees.

b) Freedom from Arrest:​ It is understood that no member shall be arrested in a civil

case 40 days before and after the adjournment of the House (Lok Sabha or Rajya Sabha)
and also when the House is in session. It also means that no member can be arrested
within the precincts of the Parliament without the permission of the House to which
he/she belongs.

c) Exemption from attendance as witnesses:​ The members of Parliament also enjoy

freedom from attendance as witnesses.
Privileges of Parliament (Collective)

a) Right to publish debates and proceedings:​ Though by convention, the Parliament

does not prohibit the press to publish its proceedings, yet technically the House has every
such right to forbid such publication.

Again, while a member has the privilege of freedom of speech in Parliament, he has no
right to publish it outside Parliament.
Anyone violating this rule can be held responsible for any libelous matter it may contain
under the common law rules.

b) Right to exclude strangers:​ Each house of Parliament enjoys the right to exclude
strangers (no-members or visitors) from the galleries at any time and to resolve to debate
with closed doors.

c) Right to punish members and outsiders for breach of its privileges :​ In India, the
Parliament has been given punitive powers to punish those who are adjudged guilty of
contempt of the House. Such contempt can be committed by the members of any House
or any outsider. When a member of the House is involved for parliamentary
misbehaviour or commits contempt he can be expelled from the House.

d) Right to regulate the internal affairs of the House:​ The House has the right to
regulate its internal affairs. A member of the House is free to say whatever he likes
subject only to the internal discipline of the House or the Committee concerned.
Judicial review of Parliamentary Privileges

The issue of Parliamentary privileges places judiciary and legislature at the loggerhead.
On one hand Parliament claims absolute sovereignty in the matters of its privileges, while
on the other hand, the Judiciary as a custodian of Indian Constitution do not admit any
restraint on its power of judicial review.

The Judiciary shoulders the primary responsibility of protecting the fundamental rights of
the citizens in India, and if any citizen comes to it claiming violation of the same, the
Judiciary has to entertain his petition, even though it might be related to Parliamentary
privileges.

The question of Parliament-Court relationship often arises in privilege matters.

Consolidated Fund of India:

Definition​: Consolidated Fund of India is the most important of all government accounts.
Revenues received by the government and expenses made by it, excluding the
exceptional items, are part of the Consolidated Fund.

Description​: This fund was constituted under Article 266 (1) of the Constitution of India.
All revenues received by the government by way of direct taxes and indirect taxes,
money borrowed and receipts from loans given by the government flow into the
Consolidated Fund of India.

All government expenditure is made from this fund, except exceptional items which are
met from the Contingency Fund or the Public Account. Importantly, no money can be
withdrawn from this fund without the Parliament’s approval.
Contingency fund of India:

Definition​: ​Contingency Fund is created as an imprest account to meet some urgent or

unforeseen expenditure of the government.

Description​: ​This fund was constituted by the government under Article 267 of the
Constitution of India. This fund is at the disposal of the President.

Any expenditure incurred from this fund requires a subsequent approval from the
Parliament and the amount withdrawn is returned to the fund from the Consolidated
Fund. The corpus amount is 500 crores.

Public account of India:

Definition​: ​Public Account of India accounts for flows for those transactions where the
government is merely acting as a banker.

Description​: ​This fund was constituted under Article 266 (2) of the Constitution. It
accounts for flows for those transactions where the government is merely acting as a
banker.

Examples of those are provident funds, small savings and so on. These funds do not
belong to the government. They have to be paid back at some time to their rightful
owners. ​The receipts under Public Account do not constitute normal receipts of
Government. ​Because of this nature of the fund, expenditures from it are not required to
be approved by the Parliament.
 Fund. Income Expenditure Parliamentary Article under
Authorisation which
required constituted

Consolidated Taxes and All Prior to 266 (1)

Fund non-tax expenditure expenditure
revenue

Public Fund Public money other than those Not required 266 (2)
under consolidated fund

Contingency Fixed corpus Unforeseen After the 267 (1)

Fund of Rs. 500 expenditure expenditure
crore

Presidential Impeachment :

1) Any house can initiate the procedure.

2) It is a quasi - judicial procedure.
3) 2/3rd majority required.

Random facts :

● Only Supreme Court can look into the election of President and Vice - President.
● Prime Minister alone can choose ministers according to portfolio.
● Only certain ministers become part of cabinet.
● Speaker can’t be questioned even by SC. He can’t be arrested.
Prime Minister of India

Executive powers

● Leads the functioning and exercise of authority of the government of India.

● Nominates the members of their​ ​council of ministers​ to the president and work upon to
decide a core group of ministers (known as the cabinet), as in charge of the important
functions and ministries of the​ ​government of India​.
● Aiding and advising the president in distribution of work of the government to various
ministries and offices.
The prime minister may retain certain portfolios if they are not allocated to any member
of the cabinet. Schedules and attends the sessions of the houses of parliament (in
consultation with the cabinet).
● Required to answer the question from the Members of Parliament to them as the
in-charge of the portfolios in the capacity as Prime Minister of India.
● Represents the country in various delegations, high level meetings and international
organisations that require the attendance of the highest government office, and also
addresses to the nation on various issues of national or other importance.

Some specific ministries/department are not allocated to anyone in the cabinet but the prime
minister themself. The prime minister is usually always in charge/head of:

● Ministry of Personnel, Public Grievances and Pensions​ (as​ ​Minister of Personnel, Public
Grievances and Pensions​)
● Cabinet Secretariat
● Appointments Committee of the Cabinet
● Cabinet Committee on Security
● Cabinet Committee on Economic Affairs
● NITI Aayog
● Department of Atomic Energy
● Department of Space
● Nuclear Command Authority

Per​ ​Article 78​ of the constitution, the official communication between the union cabinet and the
president are through the prime minister. Other wise constitution recognises the prime minister
as a member of the union cabinet only outside the sphere of union cabinet.

Administrative and appointment powers

The prime minister recommends to the president—among others—names for the appointment of:

● Chief Election Commissioner of India​ (CEC) and other​ ​Election Commissioners of India
(ECs)
● Comptroller and Auditor General of India​ (C&AG)
● Chairperson and members of the​ ​Union Public Service Commission​ (UPSC)
● Chief Information Commissioner of India​ (CIC) and​ ​Information Commissioners of India
● Chairperson and members of the​ ​finance commission​ (FC)
● Attorney General of India​ (AG) and​ ​Solicitor General of India​ (SG)

Note : The Prime Minister does not have much influence over the selection of judges. The
executive as a whole, however, has the right to send back a recommended name for
reconsideration, this, however, is not a full Veto power.

The Prime Minister is :

● The chairperson of​ ​Appointments Committee of the Cabinet​ (ACC) - decides the postings
of top civil servants, such as,​ ​secretaries​,​ ​additional secretaries​ and​ ​joint secretaries​ (On
the non-binding advice of the​ ​Cabinet Secretary of India​ led-Senior Selection Board
(SSB)

In the same capacity, the PM decides the assignments of top military personnel such as
the​ ​Chief of the Army Staff​,​ ​Chief of the Air Staff​,​ ​Chief of the Naval Staff​ and
commanders of operational and training commands.

The ACC also decides the posting of​ ​Indian Police Service​ officers—the​ ​All India
Service​ for policing.

● The​ ​Minister of Personnel, Public Grievances and Pensions​, thus he exercises control
over the​ ​Indian Administrative Service​ (IAS), the Public Enterprises Selection Board
(PESB); and the​ ​Central Bureau of Investigation​ (CBI), except for the selection of its
director, who is chosen by a committee of: (a) the prime minister, as chairperson; (b) the
leader of the opposition​ in Lok Sabha; and (c) the​ ​chief justice​.

Legislative powers

The prime minister acts as the leader of the house of the chamber of parliament—generally the​ ​Lok
Sabha​—he/she belongs to. In this role, the prime minister is tasked with representing the executive in the
legislature, he/she is also expected to announce important legislation, and is further expected to respond to
the​ ​opposition's​ concerns. Article 85 of the​ ​Indian constitution​ confers the president with the power to
convene and end extraordinary sessions of the parliament, this power, however, is exercised only on the
advise of the prime minister and his/her council, so, in practice, the prime minister does exercise some
control over affairs of the parliament.
 Unit 5
Also refer to :
http://www.yourarticlelibrary.com/political-science/supreme-court-of-india-organisation-jurisdic
tion-and-position/40370

Supreme Court
Articles 124-147 (Key points have been mentioned, zoom through all the actual articles from the
actual Constitution if you can..!)
SC is Article 124, High Court is Article 214 (Main ones that you could remember)
● Apex court, court of final appeal
● Article 124 provides for existence of a Supreme Court
● At the time of the inauguration of the Constitution, the Supreme Court consisted of one
Chief Justice and seven other Judges. Presently, the Supreme Court consists of a Chief
Justice and 33 other Judges.
● Constitution provides for the appointment of ad hoc judges if at any time the number of
judges available is not sufficient for the quorum to hold or continue any session of the
Court, the Chief Justice of India, with the prior consent of the President, can request in
writing the attendance of a High Court judge as an ad hoc judge in a session of the
Supreme Court for a definite period.
● The judges of the Supreme Court are appointed by the President after consultation with
some sitting Judges of the Supreme Court and the High Courts in the states. In the
appointment of other judges, the President consults the Chief Justice of the Supreme
Court and while appointing the Chief Justice, he consults other judges or some of them.
● A person shall not be qualified for appointment as a Judge of the Supreme Court unless
he is a citizen of India and— (a) has been for at least five years Judge of a High Court or
of two or more such Courts in succession; or (b) has been for at least ten years an
advocate of a High Court or of two or more such Courts in succession; or (c) is, in the
opinion of the President, a distinguished jurist.
● Whenever there is a vacancy in the office of Chief Justice of India, the senior-most judge
of the Supreme Court is elevated to this office.
● If CJ unable to perform duties is absent, President can appoint the next senior most judge
as acting CJ. He will continue to perform duties till new CJ is appointed or existing CJ
resumes his duties
● A SC judge holds office till he is ​65 years of age.
● The Constitution provides for a difficult method of removal of judges. They can be
removed only on the ground of proven misbehavior or incapacity. Judges can be removed
by impeachment. A judge of the Supreme Court can be removed from his office by an
order of the President.
● Such an order can be passed by the President only when an address passed by the two
Houses of the Parliament by a majority of total members and 2/3rd majority of members
present and voting in each House, is presented to him. However, any Judge can at any
time resign his judgeship.
● Salaries
○ CJ- 1 lakh per month
○ Judges- 90,000 per month
○ Salaries charged to Consolidated Fund
○ Apart from salary, they are entitled to allowances and pension upon retirement
● The Supreme Court sits in Delhi. It can, however, meet in any other place as the Chief
Justice may decide with the approval of the President of India.

● Jurisdiction
○ Original jurisdiction ​- hearing cases that can’t be heard in any other court.
Includes
■ Disputes between GoI and one or more states
■ GoI+States Vs. Other states
■ State Vs. State, involving any question on which the existence of a right
depends
○ Appellate jurisdiction
 ■ Can hear appeals against State High Courts
■ In civil cases there can be an appeal against the judgement of the High
Court when the latter certifies that:
■ (i) The case involves a substantial question of law of general importance;
or
■ (ii) In the opinion of the High Court the said question needs to be decided
by the Supreme Court.
■ Special leave to appeal
■ The Supreme Court can grant special leave of appeal against any
judgement, decree, or order in any case decided by any court or tribunal in
India.
○ Advisory jurisdiction
■ Advising President in terms of matters of public importance
○ Fundamental rights- SC can issue writs for enforcement of fundamental rights.
Guardian of fundamental rights
○ Disputes concerning election of President and Vice President
○ Judicial review, can test constitutional validity of any law at any time, final
interpreter and guardian of the Const,
○ SC is court of record- Its decisions bind all courts in India. High Courts and
Subordinate Courts use its decisions/judgments as laws and decide the cases
before them. Records of the Supreme Court are admitted as Final evidences and
cannot be questioned when these are produced and referred to in any court of
India.
○ Can review its own judgements

● Miscellaneous powers
i. The Supreme Court has the power to make rules regarding the organisation,
functioning and procedures to be followed by all courts.
 ii. The Supreme Court, with the approval of the President, makes rules regulating
its own practice and procedure.

iii. The Supreme Court, with the approval of the President, can lay down the
conditions of service of its employees.

iv. The President can take action, including removal from membership, against
the members of the Union Public Service Commission but only when the
Supreme Court finds them guilty of misbehavior. In this sphere, the President can
act only on the recommendations of the Supreme Court.

v. When the office of the President falls vacant, and due to some reason the
Vice-President is not available to act as President, the Chief Justice of India takes
over as the acting-President. He continues to act so till the filling up of the
vacancy.

High Court
● Every state can have a HC within its territorial jurisdiction- article 214
● 2 or more states can have common HC- Punjab, Haryana;
● Neither state executive nor state legislature can control HC
● In case of Union Territories the Parliament may by law extend the jurisdiction of a High
Court to or exclude the jurisdiction of a High Court from any Union Territory, or create a
High Court for a Union Territory.
● (i) Every High Court shall consists of a Chief Justice and such other judges as the
President of India may from time to time appoint.
● (ii) Besides, the President has the power to appoint
○ Additional Judges for a temporary period not exceeding two years, for the
clearance of areas of work in a High Court;
 ○ (b) an acting judge, when a permanent judge of a High Court (other than Chief
Justice) is temporarily absent or unable to perform his duties or is appointed to act
temporarily as Chief Justice.
○ No HC judge can hold office beyond 62 years of age
● Every Judge of a High Court shall be appointed by the President. In making the
appointment, the President shall consult the Chief Justice of India, the Governor of the
State (and also the Chief Justice of that High Court in the matter of appointment of a
Judge other than the Chief Justice).
● Every Judge, permanent, additional or acting, may vacate his office earlier in any of the
follow​ing ways; (i) by resignation in writing addressed to the President; (ii) by being
appointed a Judge of the Supreme Court or being transferred to any other High Court, by
the President; (iii) by removal by the President on an address of both Houses of
Parliament (supported by the vote of 2/3 of the members present) on the ground of
proved misbehaviour or incapacity
 Unit 6

List of Advantages of a Two Party System.

1. Political information is much easier to understand.

Although a two-party system limits the options of voters, it allows parties to present information
in a convenient manner. Each party is able to represent their own broad political philosophy. As
such, voters can better understand the views of a party regarding certain issues.

2. Balance is achieved because multiple interests and opinions are accommodated.

Each party is comprised of organized groups and individual voters who all have a broad range of
interests. As such, a party needs to be able to accommodate these interests when making political
decisions. Including voter’s interests also allows a party to receive continued support.

3. Political stability is achieved.

Having only two parties doesn’t encourage sudden shifts in political trends which can lead to
government instability. Only with political stability can economic growth be achieved.

With a two-party system, one political party gains a real majority in elections. This allows for
stability as they have a common platform to adhere to. As a result, there is decisiveness in
government.

Then again, trends in the US show that having a two-party system is actually disruptive.
Democrats and Republicans are constantly bickering and they don’t trust each other.

4. Governing them is much more simpler.

Two-party systems have been preferred over multi-party systems because they are not difficult to
govern. This kind of system also discourages radical minor parties and as such, the results are less
unruliness and more harmony.

Multi-party systems have resulted in hung parliaments in the past. One particular example is Italy
which, since 2000, has had divisive politics.

5. There are fewer voting choices.

Although some would consider this a disadvantage as having only two options is limiting, there
are some who agree that being given two choices helps voters make a much better decision.
List of Disadvantages of a Two Party System
1. It brings government to a standstill.

One only needs to look at America right now to see how the two-party system is failing.
Democrats and Republicans cannot agree on certain issues and as such, can’t discuss anything
rationally. There are no clear solutions to problems and rather than help each other, parties decide
to fight one another.

America is facing a lot of issues right now, both complex and controversial. Yet, there seems that
there aren’t much solutions being thrown out there to get these issues fixed. The divide between
Democrats and Republicans is so great that they can’t even stay in one room to solve issues to
help their country.

2. It offers limited options.

Limited options when it comes to voting is seen as an advantage because the less options there are
to choose from, the less confusing making a choice would be. However, having only two parties
to pick from is also a challenge because it is impossible for one party to tackle all the interests of
a particular segment of voters. Voters are individuals who have varied interests and will most
likely disagree with one or more points a political party is campaigning for.

3. It promotes corruption.

Politics is always linked with corruption no matter where you are in the world. Practices like
patronage may be frowned upon but it’s a common sight in the political sphere. Even the
awarding of government contracts to party insiders is a practice rampant in two-party systems.

Parties have also faced criticism particularly when it comes to funding. For instance, big
contributors would want something in return for having gave a large portion of their fortune to a
campaign. Let’s say that candidate won the election; that particular candidate might find it
difficult to say no to a contributor requesting for something seeing as they partly owe their
election to them.

4. It ignores alternative voices.

Two-party systems that want to stay united usually ignore alternative options, especially radical
ones. In a multi-party system, debate and diverse views are encouraged because coalitions are
formed by stronger and weaker parties in order to achieve dominance. Third parties, on the other
hand, are often ignored in two-party systems because of the winner-take-all voting mechanism
where a losing candidate loses relevance even if they had a significant following.

Advantages of Multiple Party Systems:

 (1) The nation is not divided into two camps:

Where there is multiple party systems, there are many types of ideologies and there is no rigid
discipline among the parties. If a member leaves one party or if he is turned out of the party, he
can join another party which has views almost similar to his own views. In this way, because of
the freedom of the views, the nation is not divided into two rival groups.

(2) Parliament does not become a puppet in the hands of the cabinet:

In a multiple party system, one party Government is not formed but several parties’ form a
coalition Government, and it has to depend upon the goodwill of the Parliament. Therefore, the
cabinet cannot get the work done at will, by the Parliament by establishing its dictatorship.

(3) All shares of opinion are reflected in the House:

In a multiple party system, there is freedom of views. Because of this freedom, all shades of
opinion get representation in the Parliament and views of all the classes are heard in the House.

(4) Wider choice before the electorate:

Where there are many parties, there is a wider choice before the electorate because they cast their
votes in favour of only the like-minded parties.

(5) In it the chances of Cabinet dictatorship are minimized:

In a multiple party system, Coalition Governments are formed. Since one-party Government is
nor formed, the parties in the coalition work by adopting the policy of compromise.

(6) The workers is more free in this system:

If his own party does not care for him, he can join a like-minded party.

Demerits of Multiple Party Systems:

(1) Weak Government:

The Coalition Governments are basically weak and they are dissolved soon.

(2) Indefiniteness of Policy:

Because of the rapid change of the Governments, there is indefiniteness of the policy.

(3) No long-term planning:

 Due to rapid changes in the Governments, long- term planning is not possible.

(4) Weak position of the Prime Minister:

In this system, the position of the Prime Minister is weak, because the Government is formed not
by one party but many parties form the Coalition Government. Therefore, all the parties in the
Government are to be appeased.

Since the policies and programmes of these parties are different, the Prime Minister has to face a
great difficulty in satisfying them and keep them with him. If some party refuses to support the
Prime Minister the fall of the Government becomes inevitable and the parties who enjoy a
majority in the legislature, try to form the Cabinet.

(5) Lack of administrative efficiency:

In a multiple party system there is lack of administrative efficiency, because the Governments
change very often.

(6)​ In this system trading in votes and formation of Government undermines the political
morality.

Parties in India
Criterion for Recognition;
The Election Commission has laid down certain criteria for a party to be recognised as national or state
level parties.

National Party
A party has to live up to at least one of the following qualifications to be recognised as a national party:

● It has to win a minimum of two per cent of the seats in the Lok Sabha from at least three different
states.
● In General Elections, the party must manage to win six per cent of the votes and win at least four
Lok Sabha seats as well.
● The party is recognised as a 'state level party' in four or more states.

State Party
A party has to live up to at least one of the following qualifications to be acknowledged as a state party.

● The party has to win at least three seats or three per cent of the seats in the state legislative
Assembly.
 ● It has to win minimum one seat in the Lok Sabha for every 25 seats or any fraction allotted to that
concerned state.
● In a particular election, the party has to bag at least six per cent of the total votes, and also win
one Lok Sabha and two Assembly seats.
● The status of a state party can still be bestowed upon an entity even if it fails to win any seats in
the Lok Sabha or the Assembly, if it manages to win at least eight per cent of the total votes cast
in the entire state.

Pressure Groups
● Group of people organized for actively promoting and defending their common interest
● Responsible for keeping government more responsible to the community, especially
between elections
● They neither contest elections or try to capture political power but their activism
influences public policy
● Can operate at local, regional, national or international level depending on the cause
● Usually non-profit and voluntary
● Collections of individuals who share beliefs and common interests on the basis of
ethnicity, religion or political philosophy
● Types of pressure groups
○ Business groups- Confederation of Indian Industries (CII), ​Federation of Indian
Chambers of Commerce and Industry (FICCI)
○ Trade Unions- cater to the demands of labourers and workers of industries (Ex-
All India Trade Union Congress)
○ Agrarian Groups- represent farmer community. Bhartiya Kisan Sangh
○ Professional Association- raise concerns of working professionals in India
(lawyers, doctors etc). (Ex- Bar Council of India, Association of Engineers)
○ Student Union- National Students Union of India
○ Religious organisations- RSS, Vishwa Hindu Samaj
○ Caste groups- Marwari Association, Harijan Sewak Sangh
○ Tribal groups- Tribal Sangh of Assam
○ Linguistic groups- Hindi Sahitya Sammelan
○ Ideology based group- Narmada Bachao Andolan, Woman Rights Organisations
○ Anomic groups- spontaneous groups formed due to riots, assassinations. (Ex-
Naxalite groups, United Liberation Front of Assam)
Election Commission
● The ​Election Commission of India​ is an autonomous constitutional authority responsible for
administering election processes in​ ​India​.
● The body administers elections to the​ ​Lok Sabha​,​ ​Rajya Sabha​,​ ​state Legislative Assemblies​,​ ​state
legislative Councils​, and the offices of the​ ​President​ and​ ​Vice President​ of the country.
● The Election Commission operates under the authority of​ ​Constitution​ per ​Article 324,​ and
subsequently enacted​ ​Representation of the People Act​.
● The commission has the powers under the​ ​Constitution​, to act in an appropriate manner when the
enacted laws make insufficient provisions to deal with a given situation in the conduct of an
election.
● It is a constitutional authority, and thus it is amongst the few institutions which functions with
both autonomy and freedom, along with the country’s​ ​higher judiciary​, the​ ​Union Public Service
Commission​ and the​ ​Comptroller and Auditor General of India​.

Powers and Functions

(i) Demarcation of Constituencies:

To facilitate the process of elections, a country has to be divided into several constituencies.

The task of delimiting the constituencies is generally performed by a Delimitation Commission.

But the power to delimit parliamentary and Assembly constituencies for the first general elections
in 1951 was conferred on the President.

The President’s delimitation order was to be released on the advice of the Election Commission
which also consulted Parliamentary Advi​sory Committees set by the Speaker of Parliament and
the Speaker of the respective legislative Assembly to which the delimitation proposal pertained

The Election Commission distributed the seats district-wise in each one of the States and directed
the Chief Electoral Officers to prepare proposals for the physical demarcation of Constituencies
accord​ing to the prescribed criteria. As on outcome of the recommendation of the Election
Commission the Parliament enacted the Delimitation Act, 1952.

The Delimitation Commission was to consist of three members, two of whom were the nominated
by the President from serving or retired judges of the Supreme Court or High Courts while the
Chief Election Commissioner was to be an ex-officio member.
(ii) Electoral Rolls:

The second important but tedious function of the Election Commission is to prepare for
identification the up-to-date list of all the persons who are entitled for voting at the poll.

(iii) Recognition of Political Parties and Allotment of Symbols:

A new part (Part IV A) has been added to the Representation of the People (Amendment) Act,
1951 on registration of political parties. Section 29 A now inserted provides for registration with
the Commission, of associations and bodies of individual citizens of India as political parties for
the purpose of this Act.

This provision came into force from June 15, 1989. A recognised political party has been
classified either as a National Party or a State Party under paragraph 7 of the Elections Symbol
Order, 1968.

Another important function of the Election Commission is to allot symbols to the political parties
and the candidates, and also to accord recognition to the political parties. The Commission has
specified certain symbols as reserved and others as free. The reserved symbols are only available
for candi​dates sponsored by the political pin ties and the free symbols are equally available to
other candi​dates.

(iv) Scrutiny of the Nomination Papers:

It examines the nomination papers of the candidates. These papers are accepted if found in order,
but rejected otherwise. This duty is performed by the Returning Officer who notifies to all the
contesting candidates the date, time and place for the formal scrutiny of nomination papers.

The Returning Officer summarily but judicially examine all the nomination papers and decides
the objection raised. He is also to see whether the requisite requirements of security deposit,
election symbol, election agent, etc. have also been fulfilled.

(v) The Conduct of the Poll:

It undertakes the task of the poll throughout the whole of India. In a Parliamentary or Assembly
constituency, the Returning Officer is to make suitable arrangements for conducting the poll with
the prior approval of the Election Commission. The Commission can order a re-poll for the whole
constituency under compulsion of circumstances.

Article 324 confers on the Election Commission necessary powers to conduct the elections,
including the power to countermand the poll in a constituency and ordering a fresh poll therein
 because of hooliganism and breakdown of law and order at the time of polling or counting of
votes.

(vi) Election Expenses:

Another most controversial function that the Election Commission has to perform is to scrutinise
the accounts of election expenses submitted by contestants in elections. In India every contesting
candidate is required to maintain and file the accounts of his election expenses within a prescribed
period after publication of the result of his election.

Within 10 days from the last date of filing the returns, the Returning Officer submits to the
Election Commission, a list of all the candidates and their agents together with their returns as a
also his observations in respect of candi​dates who have failed to lodge returns in the specified
time and in accordance with the procedure prescribed by law.

The Commission scrutinizes the accounts and decides whether the returns are in proper form and
whether they have been lodged in time. In case of default, it notifies the candidates or their agents
of their disqualification by publishing these in the official Gazette.

(vii) Advice to President:

Advising the President on the question of disqualification if any member of Parliament or
advising the Governor on the question of disqualification of a member of a State legislature.
Article 324 has to be read in the light of the constitutional scheme and the Representation of the
People Acts of 1950 and 1951.

There are two limitations on the exercise of plenary power of the Election Commissioner. First,
when Parliament or any State legislature has made a valid law, relating to or in connection with
elections, the Commission shall act in conformity with such law.

But where such a law is silent, Article 324 is a reservoir of power to act for the avowed purpose
of pushing forward a free and fair election with expedition, Second, the Commission shall
conform to the rule of law, act bona fide and be amenable to the norms of natural justice insofar
as conformance to such Cano can reasonably and realistically be required of it.

Electoral Reforms
● Development and change in election processes to facilitate better democracy, clean
politics, equality of representation
● Article 324-329
● The process of electoral reforms focus mainly on broadening the core meaning of
democracy, making it more citizen friendly, implementation of adult suffrage in letter as
 well as spirit

● Aspects of electoral reforms

○ Transparency about background of candidates
○ No money and muscle power in election process
○ Prohibiting nexus between politics and business
○ Upholding secrecy of voters
○ Non -partisan role of media
○ Applying model code of conduct effectively
○ Rationalising electoral processes

● Requirement of electoral reforms

○ To prohibit criminalisation of politics

○ To stop misuse of government machineries
○ To enhance trust in the citizen’s eyes about the election process
○ To employ technological advancements and be in sync with the times

● Articles 324-329 (Part XV)

○ Article 324​ - Superintendence, direction and control of elections to be vested in

an Election Commission.
○ Article 325​ - Provision for general electoral roll. No person to be ineligible for
inclusion in, or to claim to be included in a special, electoral roll on grounds of
religion, race, caste or sex.
○ Article 326​ - Elections to the House of the People and to the Legislative
Assemblies of States to be on the basis of adult suffrage.
○ Article 327​ - Power of Parliament to make provision with respect to elections to
Legislatures (preparation of electoral rolls, delimiting constituencies)
○ Article 328​ - Power of Legislature of a State to make provision with respect to
elections to such Legislature.
○ Article 329​ - Bar to interference by courts in electoral matters (validity of laws
made under article 327 and 328 cannot be questioned in court)