INDIAN POLITY

Topics Covered :

CONSTITUTIONAL FRAMEWORK
HISTORICAL BACKGROUND :
● Regulating Act of 1773 ● Government of India Act of 1858
● Amending Act of 1781 ● Indian Councils Act of 1861
● Pitt’s India Act of 1784 ● Indian Councils Act of 1892
● Act of 1786 ● Indian Councils Act of 1909
● Charter Act of 1793 ● Government of India Act of 1919
● Charter Act of 1813 ● Government of India Act of 1935
● Charter Act of 1833 ● Indian Independence Act of 1947
● Charter Act of 1853

MAKING OF THE CONSTITUTION :

● Chronology wise events

● Major committees
● Drafting committee

SALIENT FEATURES OF THE CONSTITUTION

● Features of the Constitution

● Sources of the Constitution at a Glance

PREAMBLE OF THE CONSTITUTION

KEY WORDS IN THE PREAMBLE

● Sovereign ● Liberty
● Socialist ● Equality
● Secular ● Fraternity
● Democratic ● Significance of Preamble
● Republic ● Amendability of Preamble
● Justice ● Is the preamble Part of the Constitution?

UNION AND ITS TERRITORY

● Parliament’s Power To Reorganization The States

● Dhar Commission and JVP Committee
● Fazl Ali Commission
● New States and Union Territories Created After 1956

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CITIZENSHIP

● Constitutional Provisions
● Citizenship Act, 1955
● Overseas Citizenship Of India
● Comparing Nri, Pio And Oci Cardholder

FUNDAMENTAL RIGHTS

● Features Of Fundamental Rights

● Definition Of State
● Laws Inconsistent With Fundamental Rights
● Right To Equality
● Right To Freedom
● Right Against Exploitation
● Right To Freedom Of Religion
● Cultural And Educational Rights
● Right To Constitutional Remedies
● Armed Forces And Fundamental Rights
● Exceptions To Fundamental Rights

DIRECTIVE PRINCIPLES OF STATE POLICY

FUNDAMENTAL DUTIES
AMENDMENT OF THE CONSTITUTION
● Types of Amendments and procedure
BASIC STRUCTURE OF THE CONSTITUTION
● Elements
● Judgements
PART-II SYSTEM OF GOVERNMENT
PARLIAMENTARY SYSTEM
● Features
Federal System
● Difference between unitary and Federal system
CENTER-STATE RELATIONS
● Legislative relations.
● Administrative relations.
● Financial relations
● Various commissions and recommendations
INTER-STATE RELATIONS

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 ● Inter-state council
● Zonal council
EMERGENCY PROVISIONS
● National emergency
● President’s rule
● Financial emergency

Comparative Study of Part 3 and part 4

PART-III CENTRAL GOVERNMENT PART-IV STATE GOVERNMENT

President Governor
Vice-President Chief Minister
Prime Minister State Council of Ministers
Central Council of Ministers State Legislature
Cabinet Committees High Court
Parliament Tribunals
Parliamentary Committees Subordinate Courts
Parliamentary Forums ● NLSA
Parliamentary Group ● Lok Adalat
Supreme Court ● Family courts
Judicial Review ● Gram Nyayalaya
Judicial Activism
Public Interest Litigation Special Provisions for Some States

PART-V LOCAL GOVERNMENT

PANCHAYATI RAJ
● Evolution and Various Committees
● 73rd Amendment Act Of 1992- Features
● Pesa Act Of 1996 (Extension Act)
MUNICIPALITIES
● 74th Amendment Act Of 1992- Features
PART-VI UNION TERRITORIES AND SPECIAL AREAS
Union Territories
Scheduled and Tribal
Constitutional and Non Constitutional Bodies

PART-VII CONSTITUTIONAL BODIES PART-VIII NON-CONSTITUTIONAL

BODIES
Election Commission NITI Aayog

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Union Public Service Commission National Human Rights Commission
State Public Service Commission State Human Rights Commission
Finance Commission Central Information Commission
Goods and Services Tax Council State Information Commission
National Commission for SCs Central Vigilance Commission
National Commission for STs Central Bureau of Investigation
National Commission for BCs Lokpal and Lokayuktas
Special Officer for Linguistic Minorities National Investigation Agency
Comptroller and Auditor General of India 52. National Disaster Management Authority
Attorney General of India
Advocate General of the State

Misc
POLITICAL DYNAMICS
● Elections
● Election Laws
● Electoral Reforms
● Parts and Schedules of constitution

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 ● 1997: SC held that person not member of ● Governor may first appoint CM then ask to prove
either house can be appointed as PM for 6 his majority in SLA
months within which he should become ● person not member of either house can be
member of any house appointed as CM for 6 months within which he
● Term: Not Fixed; and hold office during should become member of any house
pleasure of president ● Term: Not Fixed; and hold office during
● ART.78: PM acts as channel of pleasure of Governor
communication between president & Council
of Ministers

COUNCIL OF MINISTERS
● ART.74- CoM to aid and advise the president; President ‘shall’ act according to advice tendered;
Advice tendered by ministers shall NOT be inquired in court.
● ART.163-Council with CM aid and advice Governor except in his discretion
● ART.75- CoM on advice of PM, appointed by President; Total No. of CoM+PM shall not
exceed 15% of total members of LS(91st Amd.2003); CoM HOLDS OFFICE DURING
PLEASURE OF PRESIDENT (UPSC 2013; 2007)
● ART.75- when LS passes a NO-Confidence motion against council of Ministers, all ministers
including those ministers who are member of RS have to resign( Collective responsibility)
● ART.164- other Ministers shall be appointed on advice of CM, by Governor
● If Members of either house disqualified on the grounds of defection, Also disqualified to be
appointed as Ministers
● Satisfaction of president= satisfaction of council of ministers
● Council of Minister is Constitutional Body whereas cabinet ministers only mentioned in ART.352
of national emergency- originally it was not mentioned
● Cabinet Ministers are actual center of power they supervise CoM
CABINET COMMITTEES- Extra constitutional body provided by Rules of Business
● Set up by Prime minister as per requirement
● Cabinet Committee chaired by PM- Appointment Comm.;Economic Affair Comm.;Political
Affair Comm.;Security Comm.;Investment and Growth comm.;Skill Development comm.
● Parliamentary Affair Committee is chaired by Home Minister
● Cabinet secretariat: Preparation of agenda of Cabinet meetings ; Secretarial assistance to
cabinet committees (UPSC 2014)

PARLIAMENT (PART V; ART.79 TO 122)

● Parliament consists of: President+Loksabha+Rajyasabha (UPSC 2012)
● Indian parliamentary Model is based on British Westminster Model
COMPOSITION OF RAJYA SABHA COMPOSITION OF LOKSABHA
● Maximum strength= 250 ; 238 (Elected ● Maximum strength= 552; 530(states) + 20(UT)
indirectly) and 12 Nominated by president

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 (4th schedule- Allocation of seats in Rajya 2 members are nominated from the Anglo Indian
Sabha to states and UT) community if not represented adequately(95th
RS members- Elected members of state Amd.)
legislative assembly are represented in RS Members to Loksabha from states and UT’s
by system of proportional representation chosen by Direction elections
(Seats to states based on population)
Representatives of Ut’s in RS indirectly TERM:
Rajya Sabha is a permanent body- No
elected by member of electoral College with
dissolution however 1/3 members retire
system of proportional representation every 2 yrs. Constitution Not fixed term for
(Only 2UT’s Delhi and Puducherry have RS. Representation of people act1951
representation in RS)- UPSC 2012 mentioned 6 yr term for RS
President nominates 12 members to RS
from different fields Loksabha- Normal term is 5 yrs; can be
extended by 1yr at a time of National
emergency

QUALIFICATION OF MEMBERS DISQUALIFICATION OF MEMBERS

Constitution mentioned- Constitution mentioned-
● Should be citizen of India ● If he hold office of profit
● Make oath to Election Commission ● If not citizen of India
● For RS- Not less than 30 yrs and for LS- ● If disqualified by law made by parliament
Not less than 25yrs
RPA(1951) mentioned-
Representation of people act 1951 mentioned- ● Not guilty of election offense/corrupt practice
● Person should be registered as an elector ● No imprisoned for 2 or more yrs
● For RS it is not necessary that person ● Not dismissed from Govt. services
should be elector in particular state ● Presidents decision is final on disqualification
(UPSC 2017) and president can consult with election
commission
(For Election to Lok Sabha a nomination paper
can be filled by any citizen of India whose name Disqualification on grounds of Defection:
appears in the electoral roll of a constituency) ● Defection under 10th schedule
● Question of disqualification under 10th schedule
is decided by chairperson of that house i.e.
chairman in RS and speaker in LS; however their
decision is subjected to judicial review

SPEAKER IN LOKSABHA DEPUTY SPEAKER IN LOKSABHA

● Speaker is elected by Loksabha among its ● Deputy speaker is elected by Loksabha among
member its member itself
● Deputy Speaker is NOT subordinate to speaker

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 ● He is guardian of power and privileges of ● Whenever he presides over house- can not vote
members in 1st instance
● His decision in all parliamentary matter is ● NOT BY CONSTITUTIONAL
final PROVISION BUT Parliamentary
● Adjourns house or suspend if No Quorum Convention- Generally the Speaker is from
maintained the ruling party and Dept. Speaker is from
● Exercise casting Vote in case of Tie; can opposition party (UPSC 2017)
not vote in 1st instance ● GOI 1919- provision for Speaker and dept.
● Presides over joint sitting speaker
● Decides bill is money bill or ordinary
● Decides disqualification of members on the
grounds of defection in 10th sched.
PANEL OF CHAIRPERSON IN LOKSABHA
● He is chairman of Business Advisory ● Rule of Loksabha- speaker nominates panel of
committee; Rules Committee; General 10 members; anyone of them can preside if
purpose committee office of speaker and deputy.Speaker is
● Speaker can Removed only by resolution ABSENT
passed by an Absolute Majority- 14 days
notice given
● Speaker is at higher rank than all cabinet SPEAKER PRO TEM
ministers ● President appoints a member of lok sabha as
● In India Speaker does not resign from speaker pro tem (temporary)
party; in Britain Speaker is Non party
person

CHAIRMAN OF RAJYA SABHA DEPUTY CHAIRMAN OF RAJYA SABHA

● Vice President of India is Ex-Officio ● Elected by Rajyasabha among its members
chairman of RS ● Removal by Absolute Majority
● Chairman can be removed from office only if ● Dept.Chairman is Not subordinate to chairman
he removed from office of Vice President
● Chairman is NOT member house unlike
speaker (UPSC 2013)

LEADER OF HOUSE LEADER OF OPPOSITION

● Under rules of Lok Sabha ‘PM’ is leader of ● For the first time Leader of Opposition
house or Minister nominated by Pm recognised in1969 (UPSC 2018)
● In Rajya Sabha, PM nominates ministers as ● Statutory recognition in1977 because it is
Leader of House mentioned in salary Act
● Not less than 1/10 seats of total seats required
for recognition as opposition
● Leader of Opposition is equivalent to cabinet
minister

WHIP- Not mentioned in constitution not in

rules(Nowhere Mentioned)

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 Based on parliamentary convention every
political party has own whip

SESSIONS OF PARLIAMENT

SUMMONING President summons each house time to time

Session- Duration between 1st sitting and prorogation
Recess- duration between prorogation and Reassembly
ADJOURNMENT Each meeting of day consists 2 sitting; sitting terminated by adjournment it
suspends work for specific time
ADJOURNMENT SINE Terminating sitting for indefinite period without naming day of reassembly
DIE Power of adjournment and Adjournment sine die les with presiding officer
PROROGATION presiding officer declares house adjourned sine die when business of session
completed then President issue prorogation
DISSOLUTION Only LS subjected to dissolution
Position of bills with respect to lapsing of Bills : (UPSC 2016)
● Bill passed by both houses but return by president- Not Lapse
● Bill passed by both houses but pending assent- Not lapse
● Bill pending in RS, not passed by LS- Not Lapse
● Bill pending in LS- Lapses (wherever originated)
● Bill pending in RS but passed by LS- Lapses

Other Terms Related To the Parliamentary Functioning

● Quorum It is the minimum number of members whose presence is essential to transact the
business of the House
● Question Hour: The day’s business normally begins with the Question Hour during which
questions asked by the members are answered by the Minister. The different types of questions
are:
Starred Question : It is one for which an oral answer is required to be given by the Minister
on the floor of the House. Supplementary questions may be asked based on the Minister’s reply.
Unstarred Question : It is one for which the Minister lays on the table a written answer. A 15 day
notice has to be given to ask such questions and no supplementary questions can be asked with regard to
such questions.
Short Notice Question : This type of question which can be asked by members on matters of
public importance of an urgent nature. It is for the speaker to decide whether the matter is of urgent nature
or not. The member has also to state reasons for asking the question while serving notice.
● Zero Hour: This period follows the ‘Question Hour’ and it normally begins at noon. Usually, the
members use this period to raise various issues for discussion.(zero hour not mentioned in rules
of procedure; it is Indian innovation of parliamentary procedure)
● Motions – to express opinions on various issues by ministers/private members
3 principal categories of motions-

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 1. Substantive Motion- matter like Impeachment of president; removal of chief election
commissioner
2. Substitute motion- Moved in substitute to original motion an passes alternative to it
3. Subsidiary Motion- Reference to original motion
● Closure Motion- to cut short debate on provisions of bills
Kangaroo closure- only important clause taken for debate and voting; other clauses skipped
Guillotine closure- Undiscussed clauses of bill put to vote along discussed clauses due to
matter of time

● Privilege Motion- Concerned with breach of parliamentary privileges by Minister- by

withholding facts or giving wrong facts; used against Minister
● Calling Attention Motion- to call attention of minister on matter of urgent public importance; it
is Indian innovation to parliamentary procedure; it is mentioned in Rules of procedure
● Adjourned Motion- To draw attention of house to definite matter of urgent public importance; It
is an Extraordinary device as interrupts normal business of house; It is used only In Lok
Sabha- RS is not permitted to use this motion (UPSC 2012)
● No Confidence Motion- This motion is not mentioned in Constitution;In Lok Sabha,
removal of minister by passing this motion; Motion needs support of 50 members to be
admitted; there is no need to state reasons for adoption of this motion; this motion can be
moved against entire council ; if passed in LS then council of minister Must resign.(UPSC
2014)
● Censure Motion- There is need to state the reason for adoption of this motion; Can be moved
against individual or group of ministers; it means censuring council for specific policies; if
passed in LS then entire Council of Ministers need not to Resign from office.
● Motion of Thanks- President addresses motion of thanks in the first session after every general
election and first session of every fiscal year; It is discussed in both houses; Motion outlines
Govt. Policies; Motion Must be passed otherwise it amounts defeat of Government
● Point of Order- Members can raise point of order when proceedings of house do not follow
normal rule of procedure; Usually Leader of Opposition raise this device; It is an extraordinary
device.
● Special Mention- A matter which is cannot be raised during any other rules of business, can be
raised in special Mention in Rajyasabha; it is equivalent to notice device of Loksabha
● Resolutions- Private member Resolution discussed on alternative Fridays; Government
Resolution moved by ministers from Monday to Thursday; All Resolution came in category of
substantive motion; All motions need not to be voted upon but all Resolutions required to
Voted upon
● UPSC 2017: Parliament exercises Control over CoM through –Adjournment
motion;Question Hour;Supplementary questions and other parliamentary devices
LEGISLATIVE PROCEDURE IN PARLIAMENT
The bills introduced in the Parliament can also be classified into four categories:
1. Ordinary bills, which are concerned with any matter other than financial subjects.
2. Money bills, which are concerned with financial matters like taxation, public expenditure, etc.
3. Financial bills, which are also concerned with financial matters (but are different from money
bills).

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 4. Constitution amendment bills, which are concerned with the amendment of the provisions of the
Constitution.
Public Bill Private Bill

1. It is introduced in the Parliament by a minister. 1. It is introduced by any member of Parliament

other than a minister.
2. It reflects the policies of the government (ruling 2. It reflects the stand of the opposition party on public
party). matters.
3. It has a greater chance to be approved by the 3. It has lesser chance to be approved by the Parliament
Parliament. 4. Its rejection by the House has no implication on the
4. Its rejection by the House amounts to the parliamentary confidence in the government or its
expression of want of parliamentary confidence in resignation.
the government and may lead to its resignation. 5. Its introduction in the House requires one month’s
5. Its introduction in the House requires seven days’ notice.
notice. 6. Its drafting is the responsibility of the member
6. It is drafted by the concerned department in concerned.
consultation with the law department. Only 14 private Members bills passed since
Independence- UPSC 2017

Money Bills (art.110) Financial Bills (art.117)

● Art.110 of the Constitution deals with the Financial Bills (I)
definition of money bills. ● bill that contains not only any or all the
● It states that a bill is deemed to be a money matters mentioned in Article 110, but also
bill if it contains ‘only’ provisions dealing other matters of general legislation.
with all or any of the following matters: 1. ● a financial bill (I) is similar to a money
The imposition, abolition, remission, bill–(a) both of them can be introduced only in
alteration or regulation of any tax; 2. The the Lok Sabha and not in the Rajya Sabha, and
regulation of the borrowing of money by the (b) both of them can be introduced only on the
Union government; 3. The custody of the recommendation of the president.
Consolidated Fund of India or the ● it can be either rejected or amended by the
contingency fund of India; 4. Regulation Rajya Sabha (except that an amendment other
of borrowing of money or giving of any than for reduction or abolition of a tax cannot
guarantee by GOI (UPSC 2018) be moved in either House without the
● If any question arises whether a bill is a recommendation of the president)
money bill or not, the decision of the ● In case of a disagreement between the two
Speaker of the Lok Sabha is final. His Houses over such a bill, the president can
decision in this regard cannot be questioned summon a joint sitting of the two Houses to
in any court of law resolve the deadlock.
● A money bill can only be introduced in the ● President can give Assent, Withhold it or
Lok Sabha and that too on the Return for reconsideration
recommendation of the president.
Financial Bills (II)
● can be introduced only by a minister.
● A financial bill (II) contains provisions
● The Rajya Sabha has restricted powers
involving expenditure from the Consolidated
with regard to a money bill. It cannot
Fund of India, but does not include any of the
reject or amend a money bill. It can only
matters mentioned in Article 110.
make the recommendations. It must return

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 the bill to the Lok Sabha within 14 days, ● It is governed by the same legislative
whether with or without recommendations. procedure which is applicable to an ordinary
● Loksabha may accept or reject bill.
amendments recommended by RS in the ● financial bill (II) can be introduced in either
Money Bill (UPSC 2013) House of Parliament and recommendation of
● When a money bill is presented to the the President is not necessary for its
president, he may either give his assent to introduction
the bill or withhold his assent to the bill but ● The President can summon a joint sitting of
cannot return the bill for reconsideration the two Houses to resolve the deadlock.
of the Houses. ● President can give Assent, Withhold it or
Return for reconsideration

Ordinary Bill
● can be introduced either in the Lok Sabha or
the Rajya Sabha
● can be introduced either by a minister or by
a private member
● introduced without the recommendation of
the president
● can be amended or rejected by the Rajya
Sabha
● does not require the certification of the
Speaker
● In case of a deadlock due to disagreement
between the two Houses, a joint sitting of
both the houses can be summoned by the
president to resolve the deadlock
● Its defeat in the Lok Sabha may lead to the
resignation of the government (if it is
introduced by a minister).

JOINT SITTING OF TWO HOUSES- an extraordinary machinery provided by the Constitution

to resolve a deadlock between the two Houses over the passage of a bill; the president can summon
both the Houses to meet in a joint sitting for the purpose of deliberating and voting on the bill. It
must be noted here that the provision of joint sitting is applicable to ordinary bills or financial
bills only and not to money bills or Constitutional amendment bills. The Speaker of Lok Sabha
presides over a joint sitting of the two Houses and the Deputy Speaker, in his absence; If the Deputy
Speaker is also absent from a joint sitting, the Deputy Chairman of Rajya Sabha presides. provision
regarding the joint sitting of the two Houses has been invoked only thrice
BILL referred to Joint sitting is passed by a simple majority of members present and voting
(UPSC 2015)

BUDGET IN PARLIAMENT

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 ● The Constitution refers to the budget as the ‘annual financial statement’. In other words, the
term ‘budget’ has nowhere been used in the Constitution.
● The Railway Budget was separated from the General Budget in 1924 on the
recommendations of the Acworth Committee Report (1921).
● In 2017, the Central Government merged the railway budget into the general budget
● The President shall in respect of every financial year cause to be laid before both the Houses
of Parliament a statement of estimated receipts and expenditure of the Government of India
for that year
● No demand for a grant shall be made except on the recommendation of the President.
● No money shall be withdrawn from the Consolidated Fund of India except under
appropriation made by law
● The expenditure ‘charged on’ the Consolidated Fund of India shall not be submitted to the
vote of Parliament. However, it can be discussed by the Parliament.
● the voting of demands for grants is the exclusive privilege of the Lok Sabha, that is, the Rajya
Sabha has no power of voting the demands
● Parliament can also move motions to reduce any demand for grants. Such motions are called
as ‘cut motion’, which are of three kinds:
(a) Policy Cut Motion: It represents the disapproval of the policy underlying the demand.
It states that the amount of the demand will be reduced to Rs 1.
b) Economy Cut Motion -It states that the amount of the demand be reduced by a specified
amount
(c) Token Cut Motion- It ventilates a specific grievance that is within the sphere of
responsibility of the Government of India. It states that the amount of the demand will be
reduced by ₹100.
● The Constitution of India provides for the following three kinds of funds for the Central
government: 1. Consolidated Fund of India (Article 266) - fund to which all receipts are
credited and all payments are debited; All the legally authorized payments on behalf of the
Government of India are made out of this fund. No money out of this fund can be
appropriated (issued or drawn) except in accordance with a parliamentary law.(UPSC
2011)
2. Public Account of India (Article 266)- All other public money (other than those which
are credited to the Consolidated Fund of India) received by or on behalf of the Government of
India shall be credited to the Public Account of India; includes provident fund deposits,
judicial deposits, savings bank deposits, departmental deposits, remittances and so on. This
account is operated by executive action, that is, the payments from this account can by made
without parliamentary appropriation.
3. Contingency Fund of India (Article 267)- the Parliament enacted the contingency fund
of India Act in 1950. This fund is placed at the disposal of the president, and he can make
advances out of it to meet unforeseen expenditure pending its authorisation by the Parliament.

POSITION OF RAJYA SABHA

The Constitutional position of the Rajya Sabha (as compared with the Lok Sabha) can be studied from
three angles: 1. Where Rajya Sabha is equal to Lok Sabha. 2. Where Rajya Sabha is unequal to Lok
Sabha. 3. Where Rajya Sabha has special powers that are not at all shared with the Lok Sabha

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