INDIAN CONSTITUTION

Constitution of India
You should pay special attention to this section not only because it is critical for the entrance examination,
but also because this is information that every young citizen should have

Key Facts about the Indian Constitution

• The Indian Constitution is the largest written legal document in the world.
• It took exactly 2 years, 11 months, and 17 days to complete the text of the Constitution.
• Start date: December 9, 1946
• End date: November 26, 1949
• Initially, it contained:
• 395 Articles
• 8 Schedules
• As of now (after 56 years), it has:
• 444 workable Articles (including clauses and sub-clauses)
• 12 Schedules

The Creation of Our Constitution

Cabinet Mission (1946)
• Comprised three Labour Party Cabinet members:
• Lord Pethick Lawrence
• Sir Stafford Cripps
• A.V. Alexander
• Recommended:
• Formation of an interim government
• Creation of a Constitution

Formation of Interim Government

• Set up under Pandit Jawahar Lal Nehru

Constituent Assembly
• Formed from the elected members of the Legislative Assemblies
• Each member represented 1 million people (10,00,000)
• Sir Sachchidananda Sinha was the first (temporary) Chairman
• Dr. Rajendra Prasad was later elected as the permanent Chairman
Important Dates in Constitution Making
• August 29, 1947:
• A Drafting Committee was appointed with Dr. B.R. Ambedkar as Chairman
• B.N. Rau (Constitutional Advisor) created the draft
• November 26, 1949:
• Constitution was approved, adopted, and signed by 284 members
• Observed as Law Day
• January 26, 1950:
• Constitution came into force
• India became a Republic (Republic Day)
• This date was chosen because the resolution of 'Purna Swaraj' (complete independence) was
adopted by the Indian National Congress on January 26, 1929 (Lahore Session)

National Symbols and Dates of Adoption

National Flag
• Adopted by the Constituent Assembly on July 22, 1947

State Emblem
• Adopted on January 26, 1950
• Features:
• Three lions, a galloping horse, a bull, and Chakra
• Inspired by the Sarnath pillar of Ashoka
• The actual pillar has four lions facing outwards, back to back
• Motto:
• Satyameva Jayate (“Truth alone will prevail”)
• Taken from the Mundaka Upanishad

National Anthem
• Adopted on January 24, 1950
• First stanza of "Jana Gana Mana" by Rabindranath Tagore
• Total stanzas: Five
• Playing time:
• Full version: 52 seconds
• Shorter version: 20 seconds

National Calendar
• Based on the Shaka Era
• Starts with 1 Chaitra (equivalent to March 22 in the Gregorian calendar)
• Adopted by the Government of India on March 22, 1957
Sources of Our Constitution
The framers of the Indian Constitution referred to various provisions of existing Constitutions around the world,
carefully selected their best features, and adapted them to suit India’s needs.
The major sources are:

1. Government of India Act, 1935

• Centre / State List System
• Federal set-up
• Centre-state autonomies

2. British Constitution
• Parliamentary Privileges
• Unitary Citizenship
• Rule of Law

3. Australian Constitution
• Preamble
• Concurrent List
• Freedom of Trade and Commerce

4. American Constitution
• Fundamental Rights
• Judicial Review
• Impeachment of the President

5. Japanese Constitution
• Procedure established by Law

6. South African Constitution

• Amendment Clauses

7. Irish Constitution
• Directive Principles
• Nominations to Rajya Sabha (Council of States)

8. Russian Constitution
• Fundamental Duties

9. Canadian Constitution
• Federal Structure

10. German Constitution

• Emergency Provisions
The Preamble
The Preamble reflects the philosophy and spirit of our Constitution.
Though not enforceable in court, it is useful as it shows the objectives and guiding principles of the Constitution.

Notable Characteristics of the Preamble

1. India is a Sovereign Socialist Secular and Democratic Republic
• Sovereign:
India is an independent nation, free to decide its political destiny.
• Socialist:
India is a welfare state where both public (government-controlled) and private sectors work
together for the welfare of people.
• Secular:
The State has no religion of its own and treats all religions equally.
Citizens are not discriminated against on religious grounds.
• Democratic:
Government is chosen by the people through universal adult franchise.
Democracy applies to politics, society, and economy.
• Republic:
All important government heads are elected directly or indirectly by the people.
2. Liberty, Equality, and Fraternity
• Inspired by the French Revolution (1789).
• The Preamble embodies:
• Justice: Social, Economic, and Political
• Liberty: Thought, Expression, Belief, Faith, and Worship
• Equality: Status and Opportunity
• Fraternity: Ensures Dignity, Unity, and Integrity of all citizens
3. The Constituent Assembly adopted and enacted the Constitution on November 26, 1949,
keeping these objectives in mind.

Amendment to the Preamble (42nd Amendment, 1976)

The Preamble has been amended only once, through the 42nd Amendment. Two key changes were made:

(a) Addition of Words:

• "Socialist" and "Secular" were added to the line:
"constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its
citizens..."

(b) Addition of Phrase:

• "and integrity" was added to the line:
"FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation."
Explanation of Changes
Why was "Socialist" added?
• To promote the philosophy of socialism
• Aimed at eliminating inequality in:
• Income
• Status
• Standard of life
• Helps courts lean more in favor of state ownership and social justice

Why was "Secular" added?

• To ensure the State has no official religion
• Political parties should not promote any religion
• Some believe this was redundant, as the Fundamental Right to freedom of religion already exists in the
Constitution.

The Union and The States

Definition of the Union
• The Union of India is referred to as "India, that is Bharat."
• India consists of 29 states (Post Andhra Pradesh Reorganisation Act, 2014):
• Andhra Pradesh was bifurcated into Telangana and Seemandhra.

Union Territories
• There are several Union Territories.
• Delhi and Pondicherry (Puducherry) have:
• Their own Legislative Assemblies.
• Their own Chief Ministers.
• The other Union Territories are governed by:
• Administrators / Lieutenant Governors appointed by the President of India.

Territorial Changes
• In 1961, Goa was liberated from Portuguese control.
• Sikkim became:
• First, an associate state.
• Then, a regular state in 1975.
Article 3 of the Constitution
Under Article 3, the Parliament may, by law:
• Form a new state.
• Alter the boundaries of existing state(s).
• Increase or decrease the area of states.
• Change the name of a state.
All the above can be done through a simple majority in Parliament.

Exclusive Economic Zone (EEZ)

As per Government of India notification dated January 15, 1976:
• An Exclusive Economic Zone (EEZ) was created.
• It extends up to 200 nautical miles from the coastline of India.

Citizenship
Eligibility for Constitutional Posts
Only Indian citizens can hold the following posts:
• President
• Vice President
• Governor of a State
• Judges of the Supreme Court and High Courts
• Attorney-General
• Members of Parliament and State Legislatures

Citizenship Law
• The Constitution does not provide a comprehensive law on citizenship.
• Detailed provisions are made in the Citizenship Act, 1950.

Citizenship Can Be Acquired By:

1. Birth
2. Descent
3. Registration
4. Naturalisation
5. Incorporation of an external territory

Citizenship Can Be Lost By:

1. Renunciation (voluntary act)
2. Termination (on acquiring citizenship of another country)
3. Deprivation (in case of fraud or disloyalty)
Additional Facts about Citizenship
• Single Citizenship is recognised.
• Dual Citizenship is not recognised under the Constitution.
• Domicile is not defined in the Constitution.
• It refers to a permanent home, inferred by one’s residence with the intention to remain.
• Persons born after the commencement of the Constitution are not covered under Article 5.

Dual Citizenship for NRIs

• Based on Singhvi Committee recommendations,
the Government has considered extending Dual Citizenship to NRIs living in 16 countries.

Citizenship (Amendment) Act, 2019

• The Citizenship (Amendment) Act, 2019 was passed by the Parliament of India on 11 December 2019.
• This Act amended the Citizenship Act of 1955.
• It provided a path to Indian citizenship for the following religious minorities fleeing persecution from:
• Pakistan, Bangladesh, Afghanistan
• The eligible religious minorities include:
• Hindus, Sikhs, Buddhists, Jains, Parsis, Christians
• Muslims were not given such eligibility under this amendment.

Our Federal Structure

Types of Government Structures
• A Unitary Constitution has the presence of government at a single level.
• A Federal Constitution has the presence of government at more than one level.

India’s Governmental Structure

• The Indian Constitution provides for three levels of government:
1. Centre
2. State
3. Local
• In normal circumstances, each level enjoys its own autonomy.
• In emergency situations, the Centre has overriding powers.
• Thus, India is considered to have a Quasi-Federal structure.
Seventh Schedule and the List System
• To avoid confusion between the powers and responsibilities of the Centre and States, the framers of the
Constitution created detailed guidelines.
• These guidelines are incorporated in the Seventh Schedule of the Constitution.
• The Seventh Schedule defines the List System, which allocates subjects and responsibilities between the
different levels of government.

| **Central List** | **State List** | **Concurrent List**

|----------------------------------|------------------------------ |---------------------------------|
| Defence | Law and Order | Criminal Law under IPC
| CBI | Police and Prison | Criminal Procedure - CPC
| UNO | Local Government | Preventive Detention
| War and peace | Inland water | Marriage and Divorce
| Citizenship | Burials and cremations | Contracts
| Extradition | Agriculture | Partnerships and Agency
| Railways | Cattle and Fisheries | Actionable wrongs
| Pilgrimages abroad | Pilgrimages in India | Bankruptcy/Insolvency
| Ports and light houses | Gas and Gas works | Civil Procedure
| Airways | Tax on entry | Contempt of Court
| National Highways | Vehicle Tax | Forest
| Patents | Animal and Boat Tax | Trade Unions
| Labour safety | Tolls | Economics and Planning
| Opium | Capitation Taxes | Legal Professions
| Supreme Court | Betting and Gambling | Factories/Boilers
| Interstate migration | Entertainment Tax | Jurisdiction/powers of All courts (Except the Supreme Court)
| Income Tax | Profession Tax | Education
| Customs | Offences against Laws stated in this list | Mines
| Corporation Tax
| RBI
| Foreign Loans
| Banking and Insurance
| Stock Markets
| Offences against Laws stated in this list

Three Tiers of Village Panchayats

• Introduced on the recommendations of the Balwant Rai Mehta Committee (1956).
• The three levels are:
1. Village level
2. Block level
3. District level
73rd and 74th Constitutional Amendments (1992)
• These amendments added Local Governments at:
• Rural level (Panchayats)
• Urban level (Municipalities)
• The powers and responsibilities of these bodies are detailed in:
• Articles 243 to 243ZC of the Constitution
• Two new Schedules were added:
• Schedule XI – for Panchayats
• Schedule XII – for Municipalities

Additional Key Points

• Up to one-third of seats in local governments are reserved for women.
• Duration of office for local bodies is 5 years.

Exclusions
• These provisions do not apply to the states of:
• Meghalaya
• Mizoram
• Nagaland
• Delhi

First Panchayati Raj System

• Nagore District in Rajasthan was the pioneer in introducing the Panchayati Raj system in the year 1957.

Fundamental Rights (FRs)

• Set out in Part III of the Constitution.
• Represent the basic and natural rights of citizens.
• Some rights are also granted to non-citizens residing in India.
• Can be protected through courts.
• Any law violating FRs can be declared null and void (Article 13).

Judicial Review & Doctrine of Severability

• Judicial review ensures the supremacy of the Constitution.
• Under the doctrine of severability:
• If a part of a law violates FRs, that part can be struck down.
• If the part is inseparable, the entire law can be struck down.

Fundamental Rights Cannot Be Waived

• Individuals cannot voluntarily waive or terminate their FRs.
• Example: The case of Venketesh, a muscular dystrophy patient, who wanted to donate his organs by
ending life support.
• The court denied the plea.
• Such an act is considered unlawful.
Categories of Fundamental Rights

1. Right to Equality
Includes the following Articles:
1. Article 14 – Equality before law and equal protection of the laws.
2. Article 15 – No discrimination based on religion, race, sex, or place of birth.
3. Article 16 – Equal opportunity in public employment.
4. Article 17 – Abolition of untouchability.
5. Article 18 – Abolition of titles (except academic/military/state awards).

Concept of Equality
• Laws must treat equals equally, and unequals unequally.
• Example: Reservation for historically oppressed castes.
• Laws must not be arbitrary, and distinctions must be reasonable.
• Non-arbitrariness is a key aspect of Articles 14 and 16.

Exceptions and Special Provisions

• Article 15 permits affirmative action (e.g., for women).
• Laws that allow arbitrary executive discretion without policy can be struck down.

Positive Discrimination (Reservations)

• Special provisions for SCs, STs, and underprivileged sections (e.g., job reservations).
• Supreme Court judgment (1993 Indira Sawhney case) based on Mandal Commission:
• Reservation limit: Cannot exceed 50%.
• Single post: Reservation not applicable (would mean 100% reservation).

Reservation Within Reservation

• Permitted for certain categories.
• Allotment of quota for different organizations is not covered under 'reservation'.

Special Measures for Women & Children

• Not considered void:
• Criminal law protections (e.g., for pregnant women, sexual harassment cases).
• Children below 14 years have additional protections.

Extension of Article 14 in Article 16

• Employers may relax eligibility/marks criteria for SC/ST candidates.
• Such relaxation must not be arbitrary and must follow the eligibility framework.
Untouchability and Titles
Abolition of Untouchability (Article 17)
• Historically, sudras were socially boycotted (termed nirvasit).
• Gandhiji called them Harijans (Children of God).
• Untouchability is banned by the Constitution.

Titles (Article 18)

• Merit-based titles (academic, military, national awards like Bharat Ratna, Padma Awards) are allowed.
• Hereditary titles are not permitted.

2. Right to Freedom
Six Core Freedoms under Article 19(1) {These freedoms are available only to citizens:
1. Freedom of Speech and Expression
2. Freedom of Assembly
3. Freedom of Association
4. Freedom of Movement
5. Freedom of Settlement
6. Freedom of Profession, Occupation, Trade and Business
Note: The Right to Property (originally Article 19(1)(f)) was omitted by the 44th Amendment, 1978.

Additional Freedoms
• Freedom from Ex-post Facto Laws, Double Jeopardy and Self-Incrimination
(Article 20)
• Freedom of Life and Personal Liberty
(Article 21)
• Freedom from Arrest/Detention in Selected Cases
(Article 22)

Restrictions on the Right to Freedom

• Articles 19(2) to 19(6) permit reasonable restrictions in the interest of:
• Defamation
• Contempt of Court
• Decency or Morality
• Security of the State
• Friendly Relations with Foreign Countries
• Incitement to an Offence
• Maintenance of Public Order
• Sovereignty and Integrity of India
Example: A person with a communicable disease can be restricted from moving freely for public health.
Reasonableness of Restrictions
• A ban on slaughter of bulls below 16 years is reasonable.
• A blanket ban on bull slaughter is unreasonable.
• The government must provide proper justification when accepting higher tenders over lower bids.

Freedom of the Press and Media

• Article 19(1)(a) protects the freedom of the press and media.
• Censorship is allowed under Article 19(2).
• The media is considered the Fourth Estate, a pillar of democracy.

Protection from Ex-Post Facto Laws (Article 20(1))

• A person cannot be punished for acts not illegal at the time of commission.
• Penalties cannot exceed the punishment available at the time of the act.

Protection from Double Jeopardy (Article 20(2))

• A person cannot be punished twice for the same offence.

Protection from Self-Incrimination (Article 20(3))

• No person accused of a crime can be forced to testify against themselves.

Right to Life and Personal Liberty (Article 21)

• Cannot be suspended, even during emergencies.
• Inspired by Great Britain's Magna Carta (1215 A.D).
• Based on the concept of “procedure established by law.”

Arrest and Detention Procedures (Article 22)

• Person must be:
• Informed of the reason for arrest/detention.
• Allowed legal counsel.
• Presented before a magistrate within 24 hours.

Preventive vs. Punitive Detention

• Preventive Detention:
• Detention without trial.
• For security of the nation, defence, foreign affairs, essential services.
• Limited to three months.
• Punitive Detention:
• For crimes already committed.
Judicial Safeguards under “Procedure Established by Law”
• The judiciary can strike down laws/rules that are:
• Unreasonable
• Unfair
• Unjust
• Linked Articles: Article 21, Article 22, Article 39(a)

Rights under Article 21 – Extended Interpretations

• Free legal aid to poor prisoners.
• Right to meet relatives or lawyer cannot be denied arbitrarily.
• Medical care for detainees is a must if they cannot afford it.

Examples of Article 21’s Scope

• Traffic control and public safety.
• Ban on smoking in public.
• Telephone tapping only under special permission.
• Right to clean water and pollution-free environment.

Article 21(A): Right to Education

• Added by the 86th Constitutional Amendment Act, 2002.
• Guarantees free and compulsory education for all children aged 6 to 14 years.

3. Right Against Exploitation

(a) Prohibition of Traffic in Human Beings and Forced Labour – Article 23
• Human trafficking, begar (forced labour), and other forms of exploitation are banned.
• Targets the rural population's issues like poverty, unemployment, illiteracy, and ignorance.
• The Devadasi system is considered a part of human trafficking.
• Supreme Court issued guidelines against child labour in
Bandhua Mukti Morcha v. Union of India (AIR 1997 SC 2218).

(b) Prohibition of Child Labour in Hazardous Jobs – Article 24

• Children under 14 years cannot be employed in:
• Factories
• Mines
• Hazardous places
• Directions given to:
• Set up child rehabilitation welfare fund.
• Offending employers must pay Rs. 2,000/- into this fund.
• Supreme Court issued directions on:
• Education, Health, Nutrition of child labourers
• Child prostitution prevention (PIL case:
Vishaljeet v. Union of India, 1990)
4. Right to Freedom of Religion
(a) Freedom of Conscience and Free Profession of Religion – Article 25
• Every individual can:
• Follow their own faith and conscience.
• Practice religious rituals and ceremonies peacefully.
• Priest services are secular, so they can be regulated by the state
(Bhuri Nath v. State of J&K, 1997)

(b) Freedom to Manage Religious Affairs – Article 26

• Religious groups can:
• Establish and maintain institutions.
• Manage religious affairs.
• Own and acquire property related to religion.
But all activities must respect:

• Public order
• Morality
• Law

(c) Freedom from Paying Religious Taxes – Article 27

• The State cannot force citizens to pay taxes for promoting or maintaining any particular religion.

(d) Freedom from Religious Instructions in Certain Educational Institutions – Article 28

• No religious instruction is allowed in:
• Government-funded institutions.
• Ensures that state-funded education remains secular.

Other Key Points

• Religious freedom includes:
• Faith and essential principles of a religion.
• Courts can intervene in religious matters during disputes.
• Use of loudspeakers, drums, etc., is allowed as long as it doesn’t disturb others' rights.
• This right ensures:
• Spiritual freedom
• Respect for diverse religious practices
• Protection of secularism
Conclusion:
The Right to Freedom of Religion is the foundation of Indian secularism.
5. Cultural and Educational Rights
(a) Right of Minorities to Protect Their Language, Script or Culture – Article 29
• Minority communities are guaranteed the right to preserve their ethnic, linguistic, or cultural identity.

(b) Right of Minorities to Establish and Maintain Educational Institutions – Article 30

• Minorities have the right to:
• Establish and administer educational institutions of their choice.
• Reserve up to 50% seats in such institutions for students from their community.
• Religion cannot be a disqualification for any educational or employment opportunity.
• If the government acquires such institutions, it must:
• Provide compensation to the concerned minority group.
• These rights are not absolute:
• The state may impose restrictions if these institutions are not properly administered.

6. Right to Constitutional Remedies

Why This Right is Important
• Merely having Fundamental Rights (FRs) is not enough; there must be a mechanism to enforce them.
• This right includes five powerful writs to enforce FRs found in Part III of the Constitution.
Dr. B.R. Ambedkar called these writs the “very soul of the Constitution.”

Origin of the Writs

• Derived from English law – originally prerogative writs used by the King to ensure law and justice.
• In India, both the Supreme Court and High Courts can issue writs.

Powers of Courts
• Supreme Court (Article 32):
• Can issue writs only to enforce FRs.
• High Courts (Article 226):
• Can issue writs to enforce both Fundamental Rights and ordinary legal rights.
Types of Writs
1. Habeas Corpus – “To Have a Body”
• Ensures physical appearance of a detained person before court.
• The court enquires about the reason for detention.
• If detention is found unlawful, the person is set free.
Cannot be issued:

• If the person is convicted or detained on valid grounds (e.g., contempt of court).

2. Mandamus – “We Command”

• Issued when a public officer fails to perform legal duties.
• Applicable to:
• Government departments
• Lower courts
• Public authorities
Cannot be issued against:

• President
• Governor
• Private individuals

3. Prohibition – “Rightful Inactivity”

• Stops lower courts from continuing cases that are outside their jurisdiction.
• Issued during the trial stage.

4. Certiorari – “To Quash”

• Used to nullify a verdict passed by a lower court beyond its legal power.
• Issued after the verdict has been passed.
Difference between Prohibition and Certiorari:

• Prohibition: Issued before the judgment.

• Certiorari: Issued after the judgment.

5. Quo-Warranto – “By What Authority?”

• Used to challenge the authority of a person holding a public office.
• If the claim is unlawful, the person is removed from office.
• Ensures public offices are not misused.

Who Can Enjoy Fundamental Rights?

• The following Articles are applicable only to Indian citizens:
• Articles 15, 16, 19, and 30
• The following Articles apply to both citizens and non-citizens:
• Articles 14, 20, 21, 23, 25, 27, and 28
Right to Property
Amendments Related to the Right to Property
• Several constitutional amendments have impacted this right:
• 1st Amendment (1951)
• 4th Amendment (1955)
• 17th Amendment (1964)
• 25th Amendment (1971)
• 42nd Amendment (1976)
• 44th Amendment (1978)

Status of the Right to Property

• These amendments downgraded the Right to Property:
• From a Fundamental Right (FR) to a Constitutional Right
• Now covered under Article 300(A).
• Article 19(1)(f) has been repealed.

Doctrine of Eminence
• The objective behind state acquisition of personal properties:
• Shows the state's superiority over the individual’s right.
• Based on the Doctrine of Eminence.
• Crucial for successful implementation of Land Reforms.
• Ninth Schedule was added to protect certain laws related to land reform from judicial review.

Distinction Between Fundamental and Constitutional Right

• Right to Property is no longer a FR:
• Supreme Court cannot issue writs regarding property matters.
• High Courts can intervene, treating such cases as ordinary civil suits.
• Being a legal right:
• The government must follow legal procedure while acquiring private property.
• Compensation must be paid to the affected party.

Right to Privacy
Supreme Court’s Ruling
• The Supreme Court declared privacy as a Fundamental Right:
• It is intrinsic to the Right to Life and Personal Liberty.
• Protected under Article 21 of the Constitution.
• A nine-judge bench ruled unanimously:
• Right to Privacy is an essential part of the entire Fundamental Rights chapter of the Constitution.
Abrogation of Article 370 – Special Status of Jammu & Kashmir Removed
Government Action
• The Union Government scrapped Article 370, which gave special status to Jammu & Kashmir.
• Introduced the Jammu and Kashmir Reorganization Bill in Parliament.

Division of the State

• Jammu & Kashmir was bifurcated into two Union Territories:
• Jammu and Kashmir
• Ladakh

Presidential Order
• President Ram Nath Kovind used powers under Clause 1 of Article 370.
• The presidential order nullified sections under Article 35A.
• Article 35A had given special privileges to permanent residents.

Effect of Article 370

• Originally, Article 370 stated:
• Parliament needed state government ratification for making laws, except in matters of defence,
foreign affairs, and communications.
• Residents lived under a separate set of laws:
• Including citizenship, property rights, and fundamental rights.

Current Status
• Now, Jammu & Kashmir is governed by the same laws as the rest of India.
• Article 370 also included a provision:
• The President could declare the article inoperative through public notification.
Directive Principles of State Policy (DPSP)
Purpose and Nature of DPSP
• DPSPs are guidelines for the Government to carry out effective governance.
• Their objective is to transform India into a ‘welfare state’.
• These principles require substantial effort and resources, hence:
• Not enforceable immediately
• Cannot be challenged in court for non-implementation.

Constitutional Placement
• DPSPs are laid down in Part IV of the Constitution.
• They cover Articles 36 to 51.
• Categorized into:
• Ideologies
• Policy orientation
• Certain non-justiciable rights of citizens

(A) DPSP as Ideologies for the Government

1. Securing a social order through social, economic, and political justice and minimizing inequalities
• Articles 38(1) and (2)
2. Equitable distribution of resources
• Articles 39(b) and (c)
3. Decent standard of life and cultural opportunities for all
• Article 43
4. Improved public health and nutrition
• Article 47
5. Promoting international peace and amity
• Article 51

(B) DPSP as Policy Orientation for the Government

6. Development of Village Panchayats as self-governing units
• Article 40
7. Promotion of cottage industries
• Article 43
8. Uniform Civil Code for all citizens
• Article 44
9. Free and compulsory primary education
• Article 45
10.Protection of weaker sections from exploitation
• Article 46
 11.Modernization of agriculture and animal husbandry
• Article 48
12.Protection and maintenance of historical monuments/sites
• Article 49
13.Separation of Judiciary from the Executive
• Article 50

(C) DPSP as Non-Justiciable Rights to Citizens

14.Equal livelihood opportunities, equal pay for equal work, and protection against economic exploitation
• Articles 39(a), (d), (e), and (f)
15.Equal justice and free legal aid
• Article 39(A)
16.Right to work and government assistance during unemployment, illness, or old age
• Article 41
17.Provision of maternity leave
• Article 42
18.Participation of workers in management of industries
• Article 43
19.Free and compulsory education for children
• Article 45
Apart from Part IV, there are some more directives sted in our Constitution,
such as- instruction in mother tongue to children at their primary level of education (Article 350 A),
promotion of Hindi (Article 351) and considerations in appointments in case of SC/ST candidates (Article 335).
Fundamental Duties
• Basis: Added through the 42nd Amendment (1976) following the Swan Singh Committee's
recommendations.
• Location: Article 51-A (Part IV-A) of the Constitution.
• Enforceability: These duties are not enforceable in courts unless specific laws regarding them are violated
(e.g., issues regarding the national flag).

The 10 Fundamental Duties

1. Abide by the Constitution and respect the National Flag and National Anthem.
2. Cherish and follow the noble ideas that inspired the national struggle for freedom.
3. Uphold and protect the sovereignty and integrity of India.
4. Defend the country and render national service when called upon.
5. Promote harmony and the spirit of brotherhood among all people of India, transcending religious,
linguistic, regional, and sectional diversities, and renounce practices derogatory to the dignity of women.
6. Value and preserve the rich heritage of India’s composite culture.
7. Protect and improve the natural environment, including forests and rivers.
8. Develop scientific temper, humanism, and the spirit of inquiry and reform.
9. Safeguard public property and abjure violence.
10.Strive towards excellence in all spheres of individual and collective activity, so that the nation constantly
rises to higher levels of achievement.

Emergency Provisions
• Location: Found in Part XVII of the Constitution.
• Context: Federal Government is generally seen as weaker compared to a Unitary system, but India has
stronger Union powers (both economically and politically).
• Emergency Provisions provide significant power to the Union, especially to the President.

Impact of Emergency Provisions

• During Emergency, the federal setup is converted into a unitary system.
• Union Legislature (Parliament) gains authority to issue rules and regulations.
• Fundamental Rights: Except for Articles 20 and 21 (which protect personal liberty and life), other FRs are
suspended during Emergency.

Duration of Emergency Proclamation

• Initial Duration: 2 months.
• If Parliament fails to extend the Emergency within this period,
it automatically extends for 1 more month.
• If Parliament extends it within that period, it can be extended for 6 months,
with further extensions for 6-month periods.

Extension and Elections

• The Election Commission certifies the difficulty of holding general elections if the Emergency lasts beyond
1 year due to Constitutional breakdown.
• Maximum Extension: The Emergency can last for a maximum of 3 years under such conditions.
Types of Emergencies Recognised by the Constitution
1. National Emergency (Article 352)
• When it can be imposed:
• Threat to India's security due to war, external aggression, or internal armed rebellion.
• Imposition before crisis:
• The President can declare a National Emergency even before the actual crisis breaks out.
• Duration Example:
• The first National Emergency was from October 26, 1962, to January 10, 1968, due to the Chinese
aggression.

2. State Emergency (President's Rule) (Article 356)

• When it can be imposed:
• When the Constitutional machinery fails in a State.
• Union’s duty:
• Article 355 makes it the Union's responsibility to ensure smooth functioning of Constitutional
machinery.
• Nature of Emergency:
• Based on the Governor's report or other information, the President can impose such an emergency.
• State Legislature is suspended, and executive power is vested in the President.
• This is also known as President’s rule in the State.
• Duration Example:
• The first President's rule was from June 20, 1951, to April 17, 1952, in Punjab.

Interesting Fact:
• States with the most President's Rule impositions:
• Uttar Pradesh and Kerala (nine times each until 2001).
• Punjab (eight times).

Judicial Review:
• Supreme Court's ruling:
• In the SR Bommai v. Union of India (1994) case, the Supreme Court stated that courts have the
power of judicial review.
• This allows courts to examine the grounds, relevancy, and mala fide intentions behind such
proclamations.

3. Financial Emergency (Article 360)

• When it can be imposed:
• When the financial stability or creditworthiness of India is threatened.
• Powers during Financial Emergency:
• The President can reduce salaries and allowances of government employees, including judges of
the Supreme Court and High Courts.
• Status:
• This type of Emergency has not yet been invoked in India.
Amendment Procedures under Article 368 of the Constitution
1. General Amendment Procedure
• A bill seeking an amendment of a general nature must be passed in:
• Each house of Parliament by:
• A simple majority (more than 50%) of the total members of the house.
• A majority of not less than two-thirds of the members present and voting.

2. Amendments Affecting the Federal Set-Up

• Amendments to the federal structure require:
• A special majority in Parliament.
• Ratification by at least half of the States.
• These amendments could include changes to:
• President's election,
• Powers of the Union and States,
• The 7th Schedule's List System,
• Number of Rajya Sabha members,
• Powers or composition of the Supreme Court or High Courts.

3. Basic Features of the Constitution (The Basic Structure Doctrine)

• Certain basic features of the Constitution cannot be altered, such as:
• The objectives of the Preamble,
• Federalism,
• Secularism,
• Unity and integrity of the nation,
• Socio-economic justice,
• Balance between Fundamental Rights and Directive Principles,
• Supreme Court and judicial review.
• Basic Structure Doctrine:
• This was laid down in the Kesavananda Bharti v. Union of India (1973) case.
• The Supreme Court ruled that some parts of the Constitution form its Basic Structure, and these
cannot be changed.
• Historical significance: The ruling was by a majority of 7-6 and emphasized the unity and integrity
of the nation.

4. Presidential Assent and Amendments

• Post-24th Amendment (1971):
• It is now obligatory for the President to give assent to a bill for constitutional amendment passed by
Parliament.
• Joint sessions of both houses of Parliament (Article 108) are not allowed for constitutional
amendments.
5. The 42nd Amendment (1976) – "Mini Constitution"
• The 42nd Amendment is often called the 'Mini Constitution' because it:
•Revised large portions of the original Constitution.
•Introduced changes to the Preamble, added Fundamental Duties, and amended 52 Articles.
•Expanded the scope of Article 31 and reduced judicial review.
•Strengthened Directive Principles to overpower Fundamental Rights, following the Doctrine of
Eminence (remember this from the Right to Property section).
• Subsequent Amendments:
• The 43rd and 44th Amendments (1977) repealed many provisions of the 42nd Amendment.

The Judicial System Under the Constitution

Overview (Part V of the Constitution)
• Part V of the Constitution elaborates on the division of power among:
• The Executive
• The Legislature
• The Judiciary
• This Part defines the structure, powers, and functioning of these branches.
• The Supreme Court is the apex institution in the Indian judicial system.
• Despite a federal system, the judiciary is single and integrated.
• There is uniformity in the designation of officials on both civil and criminal sides.
• Grassroots-level courts include:
• Nyaya Panchayats
• Panchayat Courts
• Gram Katchery
• Panchayat Adalats
• These function at the village or local level.
The Supreme Court
Article 124 – Constitution of the Supreme Court
• Total number of judges: 33, plus the Chief Justice of India (i.e., 33+1).
• Parliament has the power to make laws about:
• The Constitution,
• Organisation,
• Powers, and
• Jurisdiction of the Supreme Court.

Jurisdiction and Powers

1. Federal Jurisdiction (Article 131)
• The Supreme Court is a Federal Court.
• It has original and exclusive jurisdiction over disputes:
• Between the Union and State(s), or
• Between States.
• Only the units of the Federation (i.e., the Union or State(s)) can be parties in these cases.

2. Appellate Jurisdiction (Article 133)

• The Supreme Court acts as the final Appellate Tribunal.
• Civil cases can be appealed to the Supreme Court if the High Court certifies:
• A substantial question of law of general importance is involved.
• The decision of the Supreme Court is needed.

3. Criminal Appellate Jurisdiction (Article 134)

• Appeal to the Supreme Court is allowed as a matter of right in cases involving:
• Death sentences awarded by lower courts.

4. Special Leave Petition (SLP) – Article 136

• The Supreme Court may grant special leave to appeal against:
• Any judgment, decree, determination, sentence, or order
• Passed by any court or tribunal (except military courts or tribunals).
• Article 136 provides the widest expression of appellate powers.

Advisory Jurisdiction (Article 143)

• The Supreme Court gives opinions on public issues when:
• Requested by the President of India.
• The Court may also decline to express its opinion if deemed:
• Superfluous or
• Unnecessary.

Writ Jurisdiction (Article 32)

• The Supreme Court can issue writs to protect:
• Fundamental Rights (FRs) of individuals.
High Court (Article 214)
Establishment and Structure
• Each State can have its own High Court.
• The oldest High Courts:
• Bombay, Madras, and Calcutta High Courts (established in 1862 in Presidency towns under British
Charters).
• The youngest High Courts (created in 2000):
• Ranchi High Court (Jharkhand)
• Bilaspur High Court (Chhattisgarh)
• Nainital High Court (Uttarakhand)
• Presently:
• 25 High Courts
• 17 additional benches
• Parliament may establish a common High Court for two or more states (Article 231).

Jurisdiction and Powers

• High Court jurisdiction extends over:
• States or Union Territories concerned.
• Example:
• Bombay High Court: Maharashtra, Dadra & Nagar Haveli, Goa, Daman & Diu
• Calcutta High Court: West Bengal, Andaman & Nicobar Islands
• Powers under Article 226:
• Can issue writs
• Entertain Public Interest Litigations (PILs)
• Supervisory Power (Article 227):
• Judicial and administrative supervision of tribunals within its jurisdiction.
Appointment and Removal of Supreme Court/High Court Judges
Supreme Court Judges (Article 124 (1))
• Appointed by the President of India with:
• Advice of Council of Ministers
• Consultation with Supreme Court and High Court judges
• Chief Justice of India (CJI):
• Appointed after consultation
• 1993 ruling: senior-most judge should be CJI
• Other Supreme Court judges: Requires CJI’s concurrence

Eligibility (Supreme Court Judge - Article 124(3))

• Must be:
1. An Indian citizen
2. Either:
• A distinguished jurist, or
• A High Court judge for 5 years, or
• An Advocate of a High Court for 10 years
• Tenure:
1. Until 65 years of age, or
2. Resignation, or
3. Removal by President on proven misbehaviour/incompetence through impeachment, or
4. Death
• Notable impeachment: Justice R. Ramaswamy (1991–93) – unsuccessful.

Salaries (as of December 2019)

• Chief Justice of India: Rs. 2.8 lakh/month (earlier Rs. 1 lakh)
• Other Supreme Court Judges and Chief Justices of High Courts: Rs. 2.5 lakh/month (earlier Rs. 90,000)
• Earlier salaries: SC Judges: Rs. 1 lakh, HC Judges: Rs. 80,000
• Salary revision followed the 7th Pay Commission recommendations.
• Effective retrospectively from January 1, 2016.

High Court Judges (Article 217 (2))

• Appointed by the President in consultation with:
• Chief Justice of India
• Chief Justice of the State
• Governor of the State
• Eligibility:
• Indian citizen
• Either:
• Advocate of a High Court for 10 years, or
• Held judicial office in India for 10 years
• Tenure:
• Until 62 years of age, or
• Resignation, or
• Removal by the President in the same way as SC judges
General Note
• Judges of the Supreme Court, High Courts, and all other government-appointed officials hold office:
• “At the pleasure of the President”

Important Personalities in the Judiciary

• First Chief Justice of India: Justice Hiralal J. Kania
• Current Chief Justice of India: Justice P. Sathasivam
• First woman judge of the Supreme Court: Justice Fatima Bibi
• First woman Chief Justice of a High Court: Justice Leela Seth (Himachal Pradesh High Court)
• Current number of SC judges: 31

Institutions Related to Judiciary

• National Judicial Academy: Established: 1993 Location: Bhopal Registered under: Societies Registration Act, 1860
• Law Commissions: Nineteenth Law Commission (2009–2012) Chaired by: Justice P. V. Reddi
, Twentieth Law Commission Chaired by: Justice A. P. Shah,

21st Law Commission of India

Chairperson
• Justice Balbir Singh Chauhan (Former Supreme Court Judge)
• Appointed as Chairman of the 21st Law Commission.
• Currently heads the Cauvery River Water Disputes Tribunal.
• Served as:
• Supreme Court Judge: May 2009 – July 2014
• Chief Justice of Odisha High Court: July 2008 – May 2009

Key Issues before the Panel

• Consideration of amendments to the Indian Penal Code (IPC) due to allegations of abuse and arbitrary
usage.
• Law Ministry requested study on Section 124A (Sedition) of the IPC.
• Review and recommend changes for:
• Revamp of the criminal justice system
• Formulation of a uniform bail law

Term and Structure

• Law Commission is:
• Reconstituted every three years
• Usually headed by:
• A retired Supreme Court judge, or
• A former Chief Justice of a High Court
• Term of the 21st Law Commission ended in August 2018
22nd Law Commission of India
Plea in Supreme Court
• A plea was filed seeking:
• Declaration of the Law Commission as a statutory body
• Appointment of the Chairperson and Members of the 22nd Commission within one month

Supreme Court Proceedings

• Bench included:
• Chief Justice S. A. Bobde
• Justice A. S. Bopanna
• Justice V. Ramasubramanian
• Issued notice to the Centre
• Petition filed by:
• Ashwini Upadhyay, BJP leader and lawyer
• Ministries made parties:
• Home Affairs
• Law and Justice
• Law Commission of India

Background of the Plea

• Cause of action: August 31, 2018 (end of 21st Law Commission's term)
• Centre has:
• Neither extended the tenure of the 21st Commission’s members
• Nor notified the formation of the 22nd Commission

Government's Action
• On February 19, 2020, the Centre approved the constitution of the 22nd Law Commission.
• However, Chairperson and Members have not been appointed as of the date of the petition.
• Petition was filed through Advocate Ashwani Kumar Dubey
Powers of the President of India
1. Administrative Powers
• The President can appoint:
• Prime Minister
• Other Union Ministers
• Attorney General of India
• Comptroller and Auditor General of India
• Judges of the Supreme Court and High Courts
• Governors of the States
• Members of the Finance Commission
• Members of the Union Public Service Commission (UPSC)
• Joint Commissions for two or more States
• Chief Election Commissioner and Election Commissioners
• Officers for Official Languages and Linguistic Minorities
• Officers for the welfare of Scheduled Castes and Scheduled Tribes

2. Legislative Powers
• Exercised on the advice of the Council of Ministers
• Powers include:
• Summoning, proroguing, and dissolving the Lok Sabha
• Summoning joint parliamentary sessions
• Nominating 2 Anglo-Indian members to the Lok Sabha
• Nominating 12 persons to the Rajya Sabha

3. Judicial Powers (Article 72)

• Power to grant: Pardons, Reprieves, Respite, Suspensions, Remissions, Commutations
• Applicable in cases involving:
• Sentences by courts martial
• Punishments under laws of the Union
• Death sentences

4. Military Powers
• Supreme Commander of the Armed Forces
• Can declare war or peace, but only:
• With the advice and consultation of the Council of Ministers
• As per the law

5. Diplomatic Powers
• Represents India internationally as the Head of State
• Can: Appoint Indian representatives in foreign countries
• Receive foreign diplomatic representatives

6. Other Powers
• The President possesses: Absolute veto, Suspensive veto, Pocket veto
List of Indian Presidents
|S.No| Name | Period |
|------|------------------------------ -|----------------------------|
| 1 | Dr. Rajendra Prasad | January 30, 1950 to May 13, 1962
| 2 | Sarvepalli Radhakrishnan | May 13, 1962 to May 13, 1967
| 3 | Zakir Hussain | May 13, 1967 to May 3, 1969
| 4 | Varahagiri Venkata Giri | May 3, 1969 to July 20, 1969
| 5 | Muhammad Hidayatullah | July 20, 1969 to August 24, 1969
| 6 | Varahagiri Venkata Giri | August 24, 1969 to August 24, 1974
| 7 | Fakhruddin Ali Ahmed | August 24, 1974 to February 11, 1977
| 8 | Basappa Danappa Jatti | February 11, 1977 to July 25, 1977
| 9 | Neelam Sanjiva Reddy | July 25, 1977 to July 25, 1982
| 10 | Giani Zail Singh | July 25, 1982 to July 25, 1987
| 11 | Ramaswamy Venkataraman | July 25, 1987 to July 25, 1992
| 12 | Shankar Dayal Sharma | July 25, 1992 to July 25, 1997
| 13 | Kocheril Raman Narayanan | July 25, 1997 to July 25, 2002
| 14 | A. P. J. Abdul Kalam | July 25, 2002 to July 25, 2007
| 15 | Smt. Pratibha Devisingh Patil | July 25, 2007 to July 25, 2012
| 16 | Shri Pranab Mukherjee | July 25, 2012 to July 25, 2017
| 17 | Shri Ram Nath Kovind | July 25, 2017 to till date

Vice President of India

The Vice President is the ex officio Chairman of the Rajya Sabha. Below are some key facts:

1. Election Process
• Elected only by the elected members of the Lok Sabha and Rajya Sabha.
• Election is conducted through the same system as that for the President:
• Proportional representation by means of the single transferable vote.

2. Qualifications
• Same qualifications as required for the President of India, except:
• Must be qualified for election to the Rajya Sabha (instead of the Lok Sabha).

3. Term and Re-election

• Holds office for a term of 5 years or less.
• Eligible for re-election.

4. Removal
• Can be removed:
• By resignation addressed to the President, or
• Through a resolution of the Rajya Sabha, passed by a majority and agreed to by the Lok Sabha.
5. Role in Absence of the President
• If the President’s post becomes vacant, the Vice President performs all Presidential functions.
• During this time:
• Receives the salary of the President.
• Does not act as the ex officio Chairman of the Rajya Sabha.

6. Judicial Review
• The Supreme Court is empowered to handle disputes regarding:
• The election of the President
• The election of the Vice President

The Council of Ministers

General Information
• No specific number is mentioned in the Constitution for how many ministers can be appointed.
• Appointed as per need.
• The President appoints the Prime Minister.
• The Council of Ministers is appointed on the advice of the Prime Minister.
• No fixed classification into Cabinet, State, and Deputy Ministers in the Constitution.
• Salary of ministers is determined by Parliament.

Roles and Membership

• Cabinet Ministers shape government policies.
• Ministers can be from either Lok Sabha or Rajya Sabha.
• A person who is not a Member of Parliament can be appointed as a minister but must become an MP
within 6 months of appointment.

Collective Responsibility
• The Council of Ministers has collective responsibility towards the Lok Sabha.
• They are unanimous in supporting government policies.
• Personally and morally responsible for the success or failure of these policies.

Union Cabinet of India

Structure
• The Union Cabinet is the group of ministers led by the Prime Minister.
• It is the most powerful executive body in India.
• The Prime Minister: Chooses who to include in the Cabinet.
Assigns portfolios to the ministers.

Types of Ministers
1. Cabinet Ministers
2. State Ministers
3. Deputy Ministers
The Prime Minister
Role and Powers
• The Prime Minister is the head of the government in India.
• Conveys all decisions of the Council of Ministers to the President.
• Advises the President regarding appointments of other ministers.
• Holds the real executive power.

Other Roles
• Acts as the Chairman of non-constitutional bodies, such as:
• NITI Aayog
• National Development Council (NDC)

|S.No.| Name | Period From | Period To | Political Party

|------|-------------------|----------------|---------------------------------------
| 1 | Jawahar Lal Nehru | 15-Aug-47 | 27-May-64 | Indian National Congress
| 2 | Gulzarilal Nanda | 27-May-64 | 9-June-1964| Indian National Congress
| 3 | Lal Bahadur Shastri | 9-Jun-64 | 11-Jan-66 | Indian National Congress
| 4 | Gulzarilal Nanda | 11-Jan-66 | 24-Jan-1966| Indian National Congress
| 5 | Indira Gandhi | 24-Jan-66 | 24-Mar-77 | Indian National Congress
| 6 | Morarji Desai | 24-Mar-77 | 28-Jul-79 | Janata Party
| 7 | Charan Singh | 28-Jul-79 | 14-Jan-80 | Janata Party
| 8 | Indira Gandhi | 14-Jan-80 | 31-Oct-84 | Indian National Congress
| 9 | Rajiv Gandhi | 31-Oct-84 | 2-Dec-89 | Indian National Congress (Indira)
| 10 | Vishwanath Singh | 2-Dec-89 | 10-Nov-90 | Janata Dal
| 11 | Chandra Shekhar | 10-Nov-90 | 21-Jun-91 | Samajwadi Janata Party
| 12 | P. V. Narasimha Rao | 21-Jun-91 | 16-May-96 | Indian National Congress
| 13 | Atal Bihari Vajpayee | 16-May-96 | 1-Jun-96 | Bharatiya Janata Party
| 14 | H. D. Deve Gowda | 1-Jun-96 | 21-Apr-97 | Janata Dal
| 15 | Inder Kumar Gujral | 21-Apr-97 | 19-Mar-98 | Janata Dal
| 16 | Atal Bihari Vajpayee | 19-Mar-98 | 22-May-04 | Bharatiya Janata Party
| 17 | Dr. Manmohan Singh | 22-May-04 | 26-May-14 | Indian National Congress
| 18 | Narendra Damodardas Modi | 26-May-14 | Incumbent | Bharatiya Janata Party

It is important to note that

Gulzari Lal Nanda was the acting Prime Minister on two occasions,
the first from May 27, 1964 to June 9, 1964 and
secondly, from January 11, 1966 to January 24, 1966 upon the deaths of Jawaharlal Nehru and Lal Bahadur Shastri,
the then Prime Ministers, respectively.
The Union Legislature of India
The Union Legislature, known as the Parliament, consists of:
• The President
• The Lok Sabha (House of the People)
• The Rajya Sabha (Council of States)

Key Features:
• The Constitution adopts a Parliamentary system of government, which implies harmony between the
legislature and the executive.
• Functions of Parliament:
• To provide a Cabinet
• To make laws
• To suggest and allow ways and means for expenditure and revenue
• And many more legislative responsibilities

The Role of the President in the Legislature:

• The President is part of the Parliament.
• However, he does not sit in the Parliament, except for delivering the opening address.

House of the People (Lok Sabha)

Presiding Officer:
• Speaker of the Lok Sabha
• Responsibilities:
• Certifies a bill as a Money Bill under Article 110
• Presides over joint sessions of Parliament

Strength:
• Maximum membership as per the Constitution: 552
• Initially in 1950: 500
• Currently: 543 elected members
• Historical note:
• From 1952 to 2020, 2 members from the Anglo-Indian community were nominated by the
President
• This provision was abolished in January 2020 by the 104th Constitutional Amendment Act, 2019
• Seating capacity: 550

Term:
• Normal duration: 5 years
• Can be dissolved earlier
• Can be extended during Emergency
Election:
• Directly elected by the people
• Through universal adult franchise
• Voting age: Reduced from 21 to 18 years by the 61st Amendment (1989)

Qualifications for Membership:

• Must be a citizen of India
• Must be 25 years or older

Additional Qualifications:
• Should not hold any office of profit under the government
• Should not be of unsound mind
• Should not be declared insolvent
• Should not be disqualified under any law

Council of States (Rajya Sabha)

Presiding Officer:
• Chairman of Rajya Sabha
• The Vice President of India acts as ex-officio Chairman
• Rajya Sabha cannot be dissolved

Strength:
• Not more than 250 members
• Up to 238 from States and Union Territories
• 12 members nominated by the President

Term:
• 6 years
• Not subject to dissolution
• One-third of members retire every two years

Election: Elected by the Members of State Legislatures

Qualifications for Membership:

• Must be a citizen of India
• Must be 30 years or older

Additional Qualifications:
• Same as for Lok Sabha:
• No office of profit under government
• Not of unsound mind
• Not insolvent
• Not disqualified under any law
The State Executive
Part VI of the Constitution of India deals with the State Executive, which is uniform for all State governments.

The Governor (Article 155)

• The Governor is the head of the State executive.
• Holds discretionary powers and special responsibilities, especially in North-Eastern States.
• One Governor can look after two or more States.
• Appointed by: The President of India
• Term: 5 years (Can be re-appointed)

Powers of the Governor:

a) Executive Powers:
• Appoints the Council of Ministers
• Appoints the Advocate General
• Appoints members of the State Public Service Commission
• High Court Judges can be appointed on his suggestion
• Nominates one Anglo-Indian member to the State Legislature
• Has veto powers
b) Legislative Powers:
• Like the President, the Governor can:
• Address the State Legislature
• Send messages to the House
• Summon, prorogue, and dissolve the State Legislature
c) Judicial Powers (Article 161):
• Can grant pardons, reprieves, respites, or remission of punishment
• Can suspend, remit, or commute punishments
• Exceptions: Cannot do so in cases of court-martial and death sentences

The Council of Ministers (Article 163) and the Chief Minister

• The Governor appoints the Council of Ministers on the advice of the Chief Minister
• Ministers are jointly and severally responsible to the State Legislature

Chief Minister: No prescribed qualifications, but should be qualified for election to the Legislative Assembly
Appointed by the Governor under Article 164(A)

Historical Facts:
• Smt. Sucheta Kriplani: First woman Chief Minister (Uttar Pradesh)
• Smt. Sarojini Naidu: First woman Governor (Uttar Pradesh)

97th Constitutional Amendment:

• Limits the Council of Ministers to 15% of the sanctioned strength of the State Legislative Assembly
Important Articles in Indian Constitution and their areas of concern
| S.No. | Articles | Area of Concern
|-------|------------|-------------------------------------|
| 1 | Article 3 | Citizenship
| 2 | Article 21 | Right to Life
| 3 | Article 32 | Right to Constitutional Remedies
| 4 | Article 44 | Uniform Civil Code
| 5 | Article 51A| Fundamental Duties
| 6 | Article 61 | Impeachment of President
| 7 | Article 110 | Definition of Money Bill
| 8 | Article 123 | Ordinance Making Powers of President
| 9 | Article 324 | Establishment of Election Commission of India
| 10 | Article 300A | Right to Property
| 11 | Article 280 | Finance Commission
| 12 | Article 352 | National Emergency
| 13 | Article 356 | Emergency in States
| 14 | Article 360 | Financial Emergency
| 15 | Article 368 | Amendment of Constitution

List of Schedules in the Constitution of India and Their Areas of Function

First Schedule
• Area of Function:
• Contains the names of all the States and Union Territories of India

Second Schedule
• Area of Function:
• Deals with salaries and allowances of the:
• President
• Governors
• Chief Justices and Judges of the High Courts and Supreme Court
• Comptroller and Auditor General (CAG)

Third Schedule
• Area of Function:
• Prescribes forms of affirmations and oaths for new entrants to public offices

Fourth Schedule
• Area of Function:
• Allocates seats in the Rajya Sabha to each State and Union Territory

Fifth Schedule
• Area of Function:
• Provides for the control and administration of Scheduled Areas
Sixth Schedule
• Area of Function:
• Contains administrative provisions for tribal areas in:
• Meghalaya
• Mizoram
• Assam

Seventh Schedule
• Area of Function:
• Contains three lists of subjects and their division of powers between Union and State:
1. Union List – Subjects of national importance (e.g., railways, defence, income tax)
2. State List – Subjects of local importance
3. Concurrent List – Subjects under the joint authority of the Parliament and State Legislatures

Eighth Schedule
• Area of Function:
• Deals with officially recognized regional languages
• Initially had 18 languages, now includes 22 languages

Ninth Schedule
• Area of Function:
• Contains acts and regulations related to:
• Abolition of the Zamindari system
• Land reforms passed by State Legislatures

Tenth Schedule
• Area of Function:
• Contains provisions related to the disqualification of members on grounds of defection

Eleventh Schedule
• Area of Function:
• Deals with the implementation of schemes for:
• Social justice
• Economic development at the rural level

Twelfth Schedule
• Area of Function:
• Deals with Municipal Committees and their categorizations
Important Amendments to the Constitution of India
These amendments are crucial for exams and general understanding of constitutional evolution.

1st Amendment Act (1951)

• Purpose: Added Schedule IX
• Function: To protect land reform laws from judicial review
• Note: Supreme Court’s 9-judge bench now reviews the inclusion of laws under Schedule IX due to states
attempting to include reservation laws in it.

42nd Amendment Act (1976) – "Mini Constitution"

• Largest amendment in Indian constitutional history
• Changes made:
• Preamble amended to include: Secular, Socialist, and Integrity
• Fundamental Duties added (Article 51A)
• New Directive Principles added: Articles 39A, 43A, and 48A

44th Amendment Act (1978)

• Right to Property (Article 31) removed from Fundamental Rights
• Added as a constitutional right under Article 300A

61st Amendment Act (1989)

• Voting age reduced from 21 to 18 years

73rd and 74th Amendment Acts (1992)

• Added provisions for Panchayats and Municipalities
• Introduced Schedules XI and XII

84th Amendment Act (2000)

• Created three new states: Chhattisgarh, Uttaranchal, Jharkhand

86th Amendment Act (2002)

• Right to Education made a Fundamental Right under Article 21A
• New Fundamental Duty under Article 51A(k): Parents must not prevent their children (up to age 14) from
receiving free and compulsory education
• Article 45 updated to include early childhood care (up to age 6)

91st Amendment Act (2003)

• Strength of Council of Ministers in Union and State Governments limited to 15% of total legislative
membership
• Strengthened anti-defection law

92nd Amendment Act (2003)

• Four new languages added to Schedule VIII: Bodo, Dogri, Maithili, Santhali
93rd Amendment Act (2005)
• Article 15 amended
• Allows the Government to provide reservations for socially and educationally backward classes in all
educational institutions, except minority institutions

94th Amendment Act (2006)

• Freed Bihar from the requirement to have a tribal welfare minister
• Extended the same to Jharkhand and Chhattisgarh
• Now applicable to new states and to Madhya Pradesh and Odisha (where it already existed)
• Amended Article 164(1)

96th Amendment Act (2011)

• Replaced "Oriya" with "Odia" in Schedule VIII

97th Amendment Act (2012)

• Amended Article 19(1)(c): Added "or cooperative societies"
• Inserted Article 43B
• Added Part IX B: Co-operative societies

98th Amendment Act (2013)

• Inserted Article 371J
• Empowered the Governor of Karnataka to develop the Hyderabad-Karnataka region

100th Amendment Act (2015)

• Implemented the Land Boundary Agreement (LBA) between India and Bangladesh

101st Amendment Act (2017)

• Introduced Goods and Services Tax (GST) in India
• Came into effect from 1st July 2017

102nd Amendment Act (2018)

• Granted constitutional status to the National Commission for Backward Classes (NCBC)

103rd Amendment Act (2019)

• Introduced 10% reservation for Economically Weaker Sections (EWS) in:
• Central government-run educational institutions
• Private educational institutions (except minority institutions)
• Central Government jobs

104th Amendment Act (2019)

• Extended SC/ST reservations in Lok Sabha and State Assemblies from 70 to 80 years
• Removed reserved seats for the Anglo-Indian community
• Amended Article 334
Parts of the Constitution of India
Part I (Articles 1–4)
• Subject: Territory of India
• Includes:
• Formation of new states
• Alteration of areas, boundaries
• Renaming of existing states

Part II (Articles 5–11)

• Subject: Citizenship
• Deals with: Various rights of citizenship

Part III (Articles 12–36)

• Subject: Fundamental Rights
• Note: Includes rights of Indian citizens
Article 31 (Right to Property) was deleted by the 44th Amendment

Part IV (Articles 36–51)

• Subject: Directive Principles of State Policy

Part IV-A (Article 51A)

• Subject: Fundamental Duties of citizens
• Note: Added by the 42nd Amendment (1976)

Part V (Articles 52–151)

• Subject: Union Government
• Includes:
• Duties and functions of:
• President
• Prime Minister
• Council of Ministers
• Attorney General
• Parliament (Lok Sabha & Rajya Sabha)
• Comptroller and Auditor General (CAG)

Part VI (Articles 152–237)

• Subject: State Government
• Includes: Duties and functions of:
• Governor
• Chief Minister and State Ministers
• State Legislature
• High Court
• Advocate General
• Note: Article 152 exempts Jammu & Kashmir from being treated as an ordinary state
Part VII (Article 238)
• Subject: States
• Note: Omitted in 1956 by the 7th Amendment

Part VIII (Articles 239–241)

• Subject: Union Territories

Part IX
• Consists of Two Segments:
1. Panchayati Raj
• Added by: 73rd Amendment (1992)
• Includes: Schedule Eleven
• Subjects: 29 subjects related to Panchayati Raj institutions
• Powers: Given administrative authority
2. Municipalities
• Added by: 74th Amendment (1992)
• Includes: Schedule Twelve
• Subjects: 18 subjects related to Municipalities
• Powers: Given administrative authority

Part X (Articles 244, 244A)

• Subject: Scheduled and Tribal Areas

Part XI (Articles 245–263)

• Subject: Relations between the Union and States

Part XII (Articles 264–300A)

• Subject: Finance, Property, Contracts, and Suits