Prepared By

Umesh N
Assistant professor of Political science

SEA College of Science, Commerce and Arts

 Constitution of India
Unit-1
Chapter 1- Making of Indian constitution
Constituent Assembly

India was still under British rule when the Constituent Assembly was
established, following negotiations between Indian leaders and members of
the 1946 Cabinet Mission to India from the United Kingdom. Provincial
assembly elections were held in early 1946. Constituent Assembly members
were elected indirectly by members of the newly elected provincial assemblies,
and initially included representatives for those provinces that formed part
of Pakistan (some of which are now in Bangladesh). The Constituent Assembly
had 389 representatives, including fifteen women.[2]
The Interim Government of India was formed on 2 September 1946 from the
newly elected Constituent Assembly. The Congress Party held a large majority
in the Assembly (69 percent of the seats), and the Muslim League held nearly
all the seats reserved in the Assembly for Muslims. There were also members of
smaller parties, such as the Scheduled Caste Federation, the Communist Party
of India and the Unionist Party.[citation needed]
In June 1947 delegations from Sindh, East Bengal, Baluchistan, West
Punjab and the North West Frontier Province withdrew to form the Constituent
Assembly of Pakistan, meeting in Karachi. On 15 August 1947 the Dominion of
India and Dominion of Pakistan became independent nations, and members of
the Constituent Assembly who had not withdrawn to Karachi became India's
Parliament. Twenty-eight members of the Muslim League joined the Indian
Assembly, and 93 members were later nominated from the princely states.
The Constituent Assembly of India was elected to frame the Constitution of
India. It was elected by the 'Provincial Assembly'. Following India's
independence from the British rule in 1947, its members served as the nation's
first Parliament as the 'Provisional Parliament of India'.
The idea for a Constituent Assembly was proposed in December 1934 by M. N.
Roy, a pioneer of the Communist movement in India and an advocate of radical
democracy. It became an official demand of the Indian National Congress in
1935. The Indian National Congress held its session at Lucknow in April 1936
presided by Jawaharlal Nehru. The official demand for Constituent Assembly
was raised and Government of India Act, 1935 was rejected as it imposed the
Constitution which was against the will of the Indians. C.
Rajagopalachari voiced the demand for a Constituent Assembly on 15
November 1939 based on adult franchise, and was accepted by the British in
August 1940.
On 8 August 1940, a statement was made by Viceroy Lord Linlithgow about the
expansion of the Governor-General's Executive Council and the establishment
of a War Advisory Council. This offer, known as the August Offer, included
giving full weight to minority opinions and allowing Indians to draft their own
constitution. Under the Cabinet Mission Plan of 1946, elections were held for
the first time for the Constituent Assembly. The Constitution of India was
drafted by the Constituent Assembly, and it was implemented under the
Cabinet Mission Plan on 16 May 1946. The members of the Constituent
Assembly were elected by the provincial assemblies by a single, transferable-
vote system of proportional representation. The total membership of the
Constituent Assembly was 389 of which 292 were representatives of the
provinces, 93 represented the princely states and four were from the chief
commissioner provinces of Delhi, Ajmer-Merwara, Coorg and British
Baluchistan.
The elections for the 296 seats assigned to the British Indian provinces were
completed by August 1946. Congress won 208 seats, and the Muslim League
73. After this election, the Muslim League refused to cooperate with the
Congress and the political situation deteriorated. Hindu-Muslim riots began,
and the Muslim League demanded a separate constituent assembly for
Muslims in India. On 3 June 1947 Lord Mountbatten, the last British
Governor-General of India, announced his intention to scrap the Cabinet
Mission Plan; this culminated in the Indian Independence Act 1947 and the
separate nations of India and Pakistan. The Indian Independence Act was
passed on 18 July 1947 and, although it was earlier declared that India would
become independent in June 1948, this event led to independence on 15
August 1947. The Constituent Assembly met for the first time on 9 December
1946, reassembling on 14 August 1947 as a sovereign body and successor to
the British parliament's authority in India.
As a result of the partition, under the Mountbatten plan, a
separate Constituent Assembly of Pakistan was established on 3 June 1947.
The representatives of the areas incorporated into Pakistan ceased to be
members of the Constituent Assembly of India. New elections were held for the
West Punjab and East Bengal (which became part of Pakistan, although East
Bengal later seceded to become Bangladesh); the membership of the
Constituent Assembly was 299 after the reorganization, and it met on 31
December 1947. The constitution was drafted by 299 delegates from different
caste, region, religion, gender etc. These delegates sat over 114 days spread
over 3 years (2 years 11 months and 18 days to be precise) and discussed what
the constitution should contain and what laws should be included. The
Drafting Committee of the Constitution was chaired by B. R. Ambedkar.
Organization
Dr. Rajendra Prasad was elected as the president and Harendra Coomar
Mookerjee, a Christian from Bengal and former vice-chancellor of Calcutta
University, was vice-president. Mookerjee, additionally to chairing the
assembly's Minorities Committee, was appointed governor of West Bengal after
India became a republic. Jurist B. N. Rau was appointed constitutional adviser
to the assembly; Rau prepared the original draft of the constitution and was
later appointed a judge in the Permanent Court of International Justice in The
Hague.
The assembly's work had five stages:

 Committees presented reports on issues.

 B. N. Rau prepared an initial draft based on the reports and his research
into the constitutions of other nations.
 The drafting committee, chaired by B. R. Ambedkar, presented a detailed
draft constitution which was published for public discussion.
 The draft constitution was discussed, and amendments were proposed and
enacted.
 The constitution was adopted, with a committee of experts led by the
Congress Party (known as the Congress Assembly Party) played a pivotal
role

Preamble
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 twenty-sixth day of November, 1949,
do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION

Salient features of Indian Constitution

 Lengthiest written constitution

 Constitution can be classified into written constitution such as that of

America or unwritten constitution such as that UK.
 The constitution of India is a written constitution which happens to be
the lengthiest written constitution in the world.
 It is comprehensive, elaborate and a detailed document
 The factors that have contributed to this phenomenon are: geographical
factors (vastness of country and diversity), Historical factors (Influence of
GoI, 1935), Single constitution for both centre and state and dominance
of legal luminaries

 Drawn from various sources

 It has borrowed most of its provisions from the constitution of various

other countries as well as from the Government of India act, 1935. Ex:
structural part from GoI, 1935, independence of judiciary from USA,
Fundamental Rights from USA etc
 Though it is borrowed, the Indian constitution-makers made sure the
borrowed features were made suitable to Indian conditions. Ex: Though
we borrowed cabinet form of governance from UK, the cabinet is not all-
supreme as in the case of UK.

 Preamble of the constitution

 The Preamble consists of the ideals, objectives and basic principles of the
Constitution.
 The salient features of the Constitution have developed directly and
indirectly from these objectives which flow from the Preamble
 It asserts India to be a Sovereign Socialist Secular Democratic Republic
and a welfare state committed to secure justice, liberty and equality for
the people and for promoting fraternity, dignity the individual, and unity
and integrity of the nation.
 The Preamble is the nature of Indian state and the objectives it is
committed to secure for the people.

 Democratic system

 The authority of the government rests upon the sovereignty of the people.
The people enjoy equal political rights.
 Free fair and regular elections are held for electing governments

 India is a republic
 The Preamble declares India to be a Republic.
 India is not ruled by a monarch or a nominated head of state. India has
an elected head of state (President of India) who wields power for a fixed
term of 5 years.
 After every 5 years, the people of India indirectly elect their President.

 Union of states

 Article I of the Constitution declares, that ―India that is Bharat is a Union

of States.‖

 Fundamental Rights and duties:

 The Constitution of India grants and guarantees Fundamental Rights to

its citizens.
 The constitution of India confirms the basic principle that every
individual is permitted to enjoy certain basic rights and part III of the
Constitution deals with those rights which are known as fundamental
right.
 The Six FR include- Right to Equality; Right to Freedom; Right Against
Exploitation; Right to Freedom of Religion; Cultural and Educational
Rights and Right to Constitutional Remedies (Art. 32).
 The fundamental rights are justiciable and are not absolute. Reasonable
constraints can be imposed keeping in view the security-requirements of
the state.
 A new part IV (A) after the Directive Principles of State Policy was
combined in the constitution by the 42nd Amendment, 1976 for
fundamental duties.

 Directive Principles of State Policy:

 A unique aspect of the Constitution is that it comprises of a chapter in

the Directive Principles of State Policy.
 These principles are in the nature of directives to the government to
implement them to maintain social and economic democracy in the
country.

 Parliamentary System:
 The Constituent Assembly decided to espouse Parliamentary form of
government both for the Centre and the states.
 In Indian parliamentary system, distinction is made between nominal
and real executive head.
 The Council of Ministers is responsible before the Lok Sabha, The lower
house of union parliament. There are close relations between executive
and legislature.

 Federal structure of government:

 A federal state is a state where a country is divided into smaller regions

and the government is functioning at two levels
 The Indian Constitution has envisaged a federal structure for India
considering the geographical vastness and the diversity of languages,
region, religions, castes, etc.
 Written Constitution, supremacy of the Constitution, division of powers
between Union and States, bicameral Legislature, independent Judiciary,
etc. are the features of Indian federation.
 Scholars describe India as a ‗Quasi-Federation‘ (K.C. Wheare) or as ‗a
federation with a unitary bias, or even as ‗a Unitarian federation.‘

 Universal adult franchise

 All men and women enjoy an equal right to vote. Each adult man and
woman above the age of 18 years has the right to vote.
 All registered voters get the opportunity to vote in elections.

 Single integrated State with Single Citizenship:

 India is the single Independent and Sovereign integrated state.

 All citizens enjoy a common uniform citizenship.
 They are entitled to equal rights and freedoms, and equal protection of
the state.

 Integrated Judicial system

 The Constitution provides for a single integrated judicial system common

for the Union and the states.
 The Supreme Court of India works at the apex level, High Courts at the
state level and other courts work under the High Courts.

 Independent Judiciary

 It is necessary to secure the philosophical foundations of the rule of law

and democracy
 Firstly, the Constitution makers created a separate Judiciary
independent of Legislature and Executive.
 Secondly, the Constitution has ensured complete independence of
Judiciary in the matters of administration and finances.

 Amending the Constitution of India:

 Amending the Constitution of India is the procedure of making

modifications to the nation‘s fundamental law or supreme law.
 The procedure of amendment in the constitution is laid down in Part XX
(Article 368) of the Constitution of India.
 This procedure guarantees the sanctity of the Constitution of India and
keeps a check on uninformed power of the Parliament of India.

 Judicial Review:

 The judiciary has significant position in Indian Constitution and it is also

made independent of the legislature and the executive.
 The Supreme Court of India stands at the peak of single integrated
judicial system
 It operates as defender of fundamental rights of Indian citizens and
guardian of the Constitution.

 Basic Structure doctrine:

 The basic structure doctrine is an Indian judicial norm that the

Constitution of India has certain basic features that cannot be changed
or destroyed through amendments by the parliament.
 The basic features of the Constitution have not been openly defined by
the Judiciary.
 At least, 20 features have been described as ―basic‖ or ―essential‖ by the
Courts in numerous cases, and have been incorporated in the basic
structure.
 In Indira Gandhi v. Raj Narayan case and also in the Minerva Mills case,
it was witnessed that the claim of any particular feature of the
Constitution to be a ―basic‖ feature would be determined by the Court in
each case that comes before it.

 Secularism

 In no other country of the world so many religions co-exist as in India. In

view of such diversity the Constitution guarantees complete freedom of
religion to all.
 The citizens of our country are free to follow any religion and they enjoy
equal rights without any distinction of caste, creed, religion or sex.
 The State does not discriminate against anyone on the ground of his
religion, nor can the State compel anybody to pay taxes for the support of
any particular religion.
 Everybody is equally entitled to freedom of conscience and the right
freely to profess, practice and propagate religion.
 The Constitution regards religion as a private affair of individuals and
prohibits the State from interfering with it. The Constitution also grants
various cultural rights to minorities.

 Independent bodies

 Constitution has setup various independent bodies and vested them with
powers to ensure the constitutional provisions. Ex: Election Commission,
CAG, Finance Commission
 These institutions have been provided with security of tenure, fixed
service conditions etc to ensure that they are not susceptible to the
whims of either the legislature or the executive.

 Emergency provisions
  Indian constitution contains elaborate provisions to deal with those
challenges that pose a threat to the country‘s security and unity (It will
be discussed in detail in upcoming chapters)

 Three-tier government

 Through 73rd and 74th amendment act, we have rural and urban local
bodies as an additional constitutional tier of the government structure.
 This section fulfills the dream of Gandhi ji to see a self-functioning
villages in India

Chapter-2

Fundamental rights

Features of the Fundamental Rights

Some of the salient features of Fundamental Rights include:
 FRs are protected and guaranteed by the constitution.
 FRs are NOT sacrosanct or absolute: in the sense that the parliament can
curtail them or put reasonable restrictions for a fixed period of time. However,
the court has the power to review the reasonability of the restrictions.
 FRs are justifiable: The constitution allows the person to move directly to the
Supreme Court for the reinforcement of his fundamental right as and when
they are violated or restricted.
 Suspension of Fundamental Rights: All the Fundamental Rights are suspended
during National Emergencies except the rights guaranteed under Articles 20
and 21.
 Restriction of Fundamental Rights: The Fundamental Rights can be restricted
during military rule in any particular area.
 Classification of Fundamental Rights
The fundamental rights are classified into the following six categories:

Classification of Article Deals With

Fundamental Rights

Right to Equality 14 Equality Before Law

15 Prohibition of Discrimination

16 Equality of Opportunity in Public Employment

17 Abolition of Untouchability

18 Abolition of Titles

Right to Freedom 19 Protection of 6 Rights

 Right to freedom of speech and expression.
 Right to assemble peaceably and without arms.
 Right to form associations or unions or co-operative
societies.
 Right to move freely throughout the territory of India.
 Right to reside and settle in any part of the territory of
India.
 Right to practice any profession or to carry on any
occupation, trade or business.

20 Protection in Respect of Conviction for Offences

21 Protection of Life and Personal Liberty

21-A Right to Education

 22 Protection Against Arrest and Detention

Right Against 23 Prohibition of Human Trafficking and Forced Labour

Exploitation
24 Prohibition of Child Labour

Right to Freedom 25 Freedom of Conscience, Profession, Practice and

of Religion Propagation

26 Freedom to Manage Religious Affairs

27 Freedom from Taxation for Promotion of a Religion

28 Freedom from Attending Religious Instruction

Educational and 29 Protection of Interests of Minorities

Cultural Rights
30 Right of Minorities to Establish and Administer
Educational Institutions

Right to 32 Right to remedies for the enforcement of the fundamental

Constitutional rights using five writs:
Remedies
 Habeas Corpus - to direct the release of a person
detained unlawfully.
 Mandamus - to direct a public authority to do its duty.
 Quo Warranto - to direct a person to vacate an office
assumed wrongfully.
 Prohibition - to prohibit a lower court from proceeding
on a case.
 Certiorari - the power of the higher court to remove a
proceeding from a lower court and bring it before itself.

33 Empowers the Parliament to restrict or abrogate the

fundamental rights of the ‗Members of the Armed Forces,
paramilitary forces, police forces, intelligence agencies
and analogous forces
 34 Provides for the restrictions on fundamental rights while
martial law(military rule) is in force

35 Empowers the Parliament to make laws on F R

Fundamental duties
42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian
Constitution. 86th Amendment Act 2002 later added 11th Fundamental Duty
to the list. Swaran Singh Committee in 1976 recommended Fundamental
Duties, the necessity of which was felt during the internal emergency of 1975-
77.
The Fundamental Duties are dealt with Article 51A under Part-IV A of the
Indian Constitution

Sl 11 Fundamental Duties
No

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

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

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

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

5. Promote harmony and the spirit of common brotherhood amongst all the people
of India transcending religious, linguistic and regional or sectional diversities
and to renounce practices derogatory to the dignity of women
6. Value and preserve the rich heritage of the country‘s composite culture

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

8. Develop scientific temper, humanism and the spirit of inquiry and reform

9. Safeguard public property and to abjure violence

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

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

Directive Principles of State Policy (DPSP)

Directive Principles of State Policy (DPSP)
Articles 36-51 under Part-IV of the Indian Constitution deal with Directive
Principles of State Policy (DPSP). They are borrowed from the Constitution of
Ireland, which had copied it from the Spanish Constitution.

The Sapru Committee in 1945 suggested two categories of individual rights.

One being justiciable and the other being non-justiciable rights. The justiciable
rights, as we know, are the Fundamental rights, whereas the non-justiciable
ones are the Directive Principles of State Policy.
DPSP are ideals which are meant to be kept in mind by the state when it
formulates policies and enacts laws. There are various definitions to Directive
Principles of State which are given below:

 They are an ‗instrument of instructions‘ which are enumerated in

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

Directive Principles of State Policy – Classification

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

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

DPSP – Socialistic Principles

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

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

Article Secure citizens:

39
 Right to adequate means of livelihood for all citizens
 Equitable distribution of material resources of the community for
the common good
 Prevention of concentration of wealth and means of production
 Equal pay for equal work for men and women
 Preservation of the health and strength of workers and children
against forcible abuse
 Opportunities for the healthy development of children
Article Promote equal justice and free legal aid to the poor
39A

Article In cases of unemployment, old age, sickness and disablement, secure

41 citizens:

 Right to work
 Right to education
 Right to public assistance

Article Make provision for just and humane conditions of work and maternity
42 relief

Article Secure a living wage, a decent standard of living and social and cultural
43 opportunities for all workers

Article Take steps to secure the participation of workers in the management of

43A industries

Article Raise the level of nutrition and the standard of living of people and to
47 improve public health

DPSP – Gandhian Principles

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

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

Article Promote cottage industries on an individual or co-operation basis in rural

43 areas

Article Promote voluntary formation, autonomous functioning, democratic

43B control and professional management of co-operative societies

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

Article Prohibit the consumption of intoxicating drinks and drugs which are
47 injurious to health

Article Prohibit the slaughter of cows, calves and other milch and draught cattle
48 and to improve their breeds

DPSP – Liberal-Intellectual Principles

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

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

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

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

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

Article Separate the judiciary from the executive in the public services of the State
50

Article  Promote international peace and security and maintain just and
51 honourable relations between nations
 Foster respect for international law and treaty obligations
 Encourage settlement of international disputes by arbitration

Citizenship in India
Citizenship is the status of a person recognized under law as being a legal
member of a sovereign state or belonging to a nation. In India, Articles 5 – 11 of
the Constitution deals with the concept of citizenship. The term citizenship
entails the enjoyment of full membership of any State in which a citizen has
civil and political rights.
This is a very important concept to be understood and read for the IAS
exam polity and governance segments. With the recent Citizenship Amendment
Bill in the news, the topic of citizenship assumes all the more importance.
First, we discuss all the articles in the Indian Constitution pertaining to
citizenship.

Article 5: Citizenship at the commencement of the Constitution

This article talks about citizenship for people at the commencement of the
Constitution, i.e. 26th January 1950. Under this, citizenship is conferred upon
those persons who have their domicile in Indian territory and –

1. Who was born in Indian territory; or

2. Whose either parent was born in Indian territory; or
3. Who has ordinarily been a resident of India for not less than 5 years
immediately preceding the commencement of the Constitution.
Article 6: Citizenship of certain persons who have migrated from Pakistan
Any person who has migrated from Pakistan shall be a citizen of India at the
time of the commencement of the Constitution if –

1.
1. He or either of his parents or any of his grandparents was born in
India as given in the Government of India Act of 1935; and
2. (a) in case such a person has migrated before July 19th, 1948 and
has been ordinarily resident in India since his migration, or

(b) in case such as a person has migrated after July 19th, 1948 and he has
been registered as a citizen of India by an officer appointed in that behalf by
the government of the Dominion of India on an application made by him
thereof to such an officer before the commencement of the Constitution,
provided that no person shall be so registered unless he has been resident in
India for at least 6 months immediately preceding the date of his application.

Article 7: Citizenship of certain migrants to Pakistan

This article deals with the rights of people who had migrated to Pakistan after
March 1, 1947, but subsequently returned to India.

Article 8: Citizenship of certain persons of Indian origin residing outside India

This article deals with the rights of people of Indian origin residing outside
India for purposes of employment, marriage, and education.

Article 9
People voluntarily acquiring citizenship of a foreign country will not be citizens
of India.

Article 10
Any person who is considered a citizen of India under any of the provisions of
this Part shall continue to be citizens and will also be subject to any law made
by the Parliament.

Article 11: Parliament to regulate the right of citizenship by law

The Parliament has the right to make any provision concerning the acquisition
and termination of citizenship and any other matter relating to citizenship.

Citizenship of India constitutional provisions

 Citizenship in India is governed by Articles 5 – 11 (Part II) of the

Constitution.
  The Citizenship Act, 1955 is the legislation dealing with citizenship. This
has been amended by the Citizenship (Amendment) Act 1986, the
Citizenship (Amendment) Act 1992, the Citizenship (Amendment) Act
2003, and the Citizenship (Amendment) Act, 2005.
 Nationality in India mostly follows the jus sanguinis (citizenship by right
of blood) and not jus soli (citizenship by right of birth within the
territory).

Citizenship Act, 1955

Citizenship of India can be acquired in the following ways:

1. Citizenship at the commencement of the Constitution

2. Citizenship by birth
3. Citizenship by descent
4. Citizenship by registration
5. Citizenship by naturalization
6. By incorporation of territory (by the Government of India)

 People who were domiciled in India as on 26th November 1949

automatically became citizens of India by virtue of citizenship at the
commencement of the Constitution.
 Persons who were born in India on or after 26th January 1950 but before
1st July 1987 are Indian citizens.
 A person born after 1st July 1987 is an Indian citizen if either of the
parents was a citizen of India at the time of birth.
 Persons born after 3rd December 2004 are Indian citizens if both parents
are Indian citizens or if one parent is an Indian citizen and the other is
not an illegal migrant at the time of birth.
 Citizenship by birth is not applicable for children of foreign diplomatic
personnel and those of enemy aliens.
Termination of Indian Citizenship
Termination of citizenship is possible in three ways according to the Act:

1. Renunciation: If any citizen of India who is also a national of another

country renounces his Indian citizenship through a declaration in the
prescribed manner, he ceases to be an Indian citizen. When a male
person ceases to be a citizen of India, every minor child of his also ceases
to be a citizen of India. However, such a child may within one year after
attaining full age become an Indian citizen by making a declaration of his
intention to resume Indian citizenship.
2. Termination: Indian citizenship can be terminated if a citizen knowingly
or voluntarily adopts the citizenship of any foreign country.
 3. Deprivation: The government of India can deprive a person of his
citizenship in some cases. But this is not applicable for all citizens. It is
applicable only in the case of citizens who have acquired the citizenship
by registration, naturalization, or only by Article 5 Clause (c) (which is
citizenship at commencement for a domicile in India and who has
ordinarily been a resident of India for not less than 5 years immediately
preceding the commencement of the Constitution).

Unit -2

Chapter-3

Union Government

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

There is no direct election for the Indian President. An electoral college elects
him. The electoral college responsible for President‘s elections
comprises elected members of:

1. Lok Sabha and Rajya Sabha

2. Legislative Assemblies of the states (Legislative Councils have no role)
3. Legislative Assemblies of the Union Territories of Delhi and Puducherry

Qualification of Indian President

President is elected by the process of proportional representation with means of
a single transferable vote. President can be removed by the process of
impeachment.
The qualification for the post of the President of India is given below:

1. He should be an Indian Citizen

2. His age should be a minimum of 35 years
3. He should qualify the conditions to be elected as a member of the Lok
Sabha
4. He should not hold any office of profit under the central government,
state government, or any public authority.
 Term

Once President is elected, he holds office for five years. He sits in the
office even after the completion of five years given no new election has
taken place or no new President has been elected till then. He can also be
re-elected and there is no cap on his re-election.

Oath

Chief Justice of India administers the oath to the President of India. In

the absence of CJI, the senior-most judge of the Supreme Court can
administer the oath to the President of India.

Salary

Salary of President of India 2022 - In India's 2022 Union budget, this

compensation was increased to 5 lakh with other allowances

Remove

The president may also be removed before the expiry of the term through
impeachment for violating the Constitution of India by the Parliament of
India. The process may start in either of the two houses of the
parliament. The house initiates the process by levelling the charges
against the president.

Facts about the President of India

Given below are a few facts related to the President of India and the past
Presidents which have served the country. Questions based on these facts are
commonly asked in the major competitive exams conducted in the country.

 Dr. Rajendra Prasad was the longest-serving Indian President. He

completed two tenures as the President of the country
 The shortest-serving President was the third Indian President, Zakir
Hussain. He passed away while he was in his office
 Apart from the full-time Presidents mentioned in the table above, there
were three interim Presidents. The three of them were: Varahagiri
Venkata Giri, Mohammad Hidayatullah and Basappa Danappa Jatti
 Neelam Sanjiva Reddy was not just the youngest President of the country
but was also the first Chief Minister of Andhra Pradesh
 Pratibha Patil was the first and the only women President of India
 If the President of India intents to resign from his post, he/she needs to
do it in accordance with the procedure prescribed in Article 61 of the
Indian Constitution. The President needs to give a hand-written letter to
the Vice President, in case of resignation
 The President is elected by the members of both the House of Parliament
and the elected members of the legislative assembly of States and Union
Territories

Power and functions of President

 Executive Powers of President

1. For every executive action that the Indian government takes, is to be

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

1. He summons or prorogues Parliament and dissolve the Lok Sabha

2. He summons a joint sitting of Lok Sabha and Rajya Sabha in case of
deadlock
3. He addresses the Indian Parliament at the commencement of the first
session after every general election
4. He appoints speaker, deputy speaker of Lok Sabha, and
chairman/deputy chairman of Rajya Sabha when the seats fall vacant (to
know the difference between Lok Sabha and Rajya Sabha check the
linked article.)
5. He nominates 12 members of the Rajya Sabha
6. He can nominate two members to the Lok Sabha from the Anglo-Indian
Community
7. He consults the Election Commission of India on questions of
disqualifications of MPs.
8. He recommends/ permits the introduction of certain types of bills (to
read on how a bill is passed in the Indian Parliament, check the linked
article.)
9. He promulgates ordinances
10. He lays the following reports before the Parliament:
1. Comptroller and Auditor General
2. Union Public Service Commission
3. Finance Commission, etc.

 Financial Powers of President

1. To introduce the money bill, his prior recommendation is a must

2. He causes Union Budget to be laid before the Parliament
3. To make a demand for grants, his recommendation is a pre-requisite
4. Contingency Fund of India is under his control
5. He constitutes the Finance Commission every five years

 Judicial Powers of President

1. Appointment of Chief Justice and Supreme Court/High Court Judges are

on him
2. He takes advice from the Supreme Court, however, the advice is not
binding on him
3. He has pardoning power: Under article 72, he has been conferred with
power to grant pardon against punishment for an offence against union
law, punishment by a martial court, or death sentence.

Note: Pardoning powers of the president includes the following types:

  Pardon with the grant of pardon convicts both conviction and sentence
completely absolved
 Commutation with this nature of the punishment of the convict can be
changed
 Remission reduces the term of the imprisonment
 Respite awards lesser punishment than original punishment by looking
at the special condition of a convict
 Reprieve stays the execution of the awarded sentence for a temporary
period

 Diplomatic Powers of President

1. International Treaties and agreements that are approved by the

Parliament are negotiated and concluded in his name
2. He is the representative of India in international forums and affairs

 Military Powers of President

He is the commander of the defence forces of India. He appoints:

1. Chief of the Army

2. Chief of the Navy
3. Chief of the Air Force

 Emergency Powers of President

He deals with three types of emergencies given in the Indian Constitution:

1. National Emergency (Article 352)

2. President‘s Rule (Article 356 & 365)
3. Financial Emergency (Article 360)

Vice-president
Vice-President of India is the 2nd most important authoritative body after the
President. As per Article 65 of the Indian Constitution, he is entitled to take
important decisions in certain cases of contingency due to resignation,
removal, death, impeachment or the inability of the president to discharge
his/her functions.

Qualification of Indian President.

The qualification for the post of the Vice President of India is given below:
 1. He should be an Indian Citizen
2. His age should be a minimum of 35 years
3. He should not hold any office of profit under the central government,
state government, or any public authority.

Elect
The vice president is elected indirectly, by an electoral college consisting of
members (elected as well as nominated) of both Houses of Parliament (Lok
Sabha & Rajya Sabha) , by the system of proportional representation using
single transferable votes and the voting is by secret ballot.

Oath
Oath of office and secrecy to the Vice President is administered by the
President of India.

Term
The Vice-President shall hold office for a term of five years from the date on
which he enters upon his office.

Salary

Vice President receives a monthly salary of Rs 4 lakh. Aside from that, they
receive a variety of allowances. The Vice President is entitled to a daily
allowance, free lodging, medical care, travel, and other benefits. The Vice
President's pension is 50% of his or her salary.

Remove

Article 67 of the Indian Constitution stipulates that the Vice President may be
removed from office by a resolution of the Rajya Sabha passed by a majority of
its members and approved by a majority of the Lok Sabha's present and voting
members. Any House of Parliament may introduce the motion to remove the
Vice President from office. However, the resolution cannot be carried unless the
Vice President is given at least 14 days' notice.
 Power and functions of Vice President

1. He acts as the ex-officio Chairman of Rajya Sabha. In this capacity, his

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

Prime minister and Council of Ministers

Article 75 of the Indian Constitution mentions that a Prime Minister is one who
is appointed by the President. There is no specific procedure for his election or
appointment. Article 74(1) states that there shall be a Council of Ministers with
a Prime Minister at the head to aid and advise the President. Thus, the Indian
Constitution itself recognizes a Council of Ministers. The topic, ‗Prime Minister
& Council of Ministers‘ is important for IAS Exam and its three stages

Appoint

President of India appoints a person as the Prime Minister who is either the
leader of the party which holds a majority of seats in the Lok Sabha or is a
person who is able to win the confidence of the Lok Sabha by gaining the
support of other political parties. All other ministers are appointed by
the President on the advice of the Prime Minister.
 Power and functions of Prime minister

Prime Minister of India serves the country by following various functions. He

performs his functions taking responsibilities as:

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

Categories of Council Ministers

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

the Cabinet.
2. Minister of State with independent charge—He is a Minister of State
who does not work under a Cabinet Minister. When any matter
concerning his Department is on the agenda of the Cabinet, he is invited
to attend the meeting.
3. Minister of State—He is a Minister who does not have independent
charge of any Department and works under a Cabinet Minister. The work
to such Minister is allotted by his Cabinet Minister.
4. Deputy Minister—He is a Minister who works under a Cabinet Minister
or a Minister of State with independent charge. His work is allotted by the
Minister under whom he is working.
 Power and functions of Council of Minister

1) Formulation, execution, evaluation and revision of public policy in various

spheres which the party in power seeks to progress and practice.

(2) Coordination among various ministries and other organs of the government
which might indulge in conflicts, wastefulness, duplication of functions and
empire building.

(3) Preparation and monitoring of the legislative agenda which translated the
policies of the government in action through statutory enactments.

(4) Executive control over administration through appointments, rule making

powers and handling of crises and disasters – natural as well as political.

(5) Financial management through fiscal control and operation of funds like
Consolidated Fund and Contingency Funds of India.

Speaker

The presiding officer of the Lok Sabha is known as the Lok Sabha speakers.
Lok Sabha is the House of the People and it is also known as the lower house
of the Parliament of India. There have been 16 people who have served as the
Lok Sabha speaker. The first-ever Lok Sabha speaker was Ganesh Vasudev
Mavalankar.

Current Speaker of Lok Sabha 2021 is – Om Birla

Constitutional Provisions – Offices of Speaker and Deputy Speaker

Article Provides to choose two members of the House to be respectively Speaker

93 and Deputy Speaker when these two offices fall vacant.

Article Vacation, Resignation and Removal provisions for the offices of Speaker
94 and Deputy Speaker
Article Power of the Deputy Speaker or other person to perform the duties of the
95 offices of, or to act as, the Speaker

Article The Speaker or the Deputy Speaker not to preside while a resolution for
96 his/her removal from office is under consideration

Term/Tenure of Office

 The Speaker doesn‘t vacate his/her office immediately whenever the Lok
Sabha is dissolved, but continues till the first meeting of the newly
elected Lok Sabha.
 When the Lok Sabha is dissolved, the Speaker ceases to be a member of
the house, but he/she doesn‘t vacate his/her office.
 However, he/she has to vacate his office in any of the following three
cases:
 If he/she ceases to be a member of Lok Sabha;
 If he/she resigns by writing to the Deputy Speaker;
 If he/she is removed by a resolution passed in the Lok Sabha.
He/She is eligible for re-election.
Resignation

The Speaker may, at any time, resign from Office by writing under his/her
hand to the Deputy Speaker.

Election

 The date of election of the Speaker is fixed by the President.

 As soon as after the first sitting of the Lok Sabha, the Speaker is elected
by the House from amongst its members.
 Whenever the office of the Speaker falls vacant, the lower House elects
another member to fill the vacancy.
 Election criteria –
 Simple majority of members present and voting in the House.
 No specific qualifications required.
Usually, a member belonging to the ruling party is elected the Speaker.
  There are also instances when members not belonging to the ruling party
or coalition were elected to the Office of the Speaker.
 The Prime Minister or the Minister of Parliamentary Affairs proposes the
candidate‘s name.
 The Speaker pro tem presides over the sitting in which the Speaker is
elected, if it is a newly constituted House.
 If the election falls later in the life of a Lok Sabha, the Deputy Speaker
presides.
 After the results are announced, the Speaker-elect is conducted to the
Chair by the Prime Minister and the Leader of the Opposition.
 While assuming the office of the Speaker, he/she do not make and
subscribe any separate oath or affirmation.

Powers and Functions of the Speaker

 The Speaker is the head of the Lok Sabha.

 He/she is the principal spokesperson of the House, and his decision in
all Parliamentary matters is final.
 The Speaker of the Lok Sabha derives his/her power from three sources:
 The Constitution of India
 The Rules of Procedure and Conduct of Business of Lok Sabha
 Parliamentary Conventions
The primary responsibility of the Speaker is to maintain order and
decorum in the House for conducting its business and regulating its
proceedings. He/she has final power in this matter.
He/she is the final interpreter of the provisions of
 The Constitution of India
 The Rules of Procedure and Conduct of Business of Lok Sabha
 Parliamentary precedents
He/she can adjourn the proceedings of the House or suspends the
meeting in absence of a quorum
The Speaker of the Lok Sabha conducts the business in house, and
decides whether a bill is a money bill or not.
All bills passed require the speaker's signature to go to the Rajya Sabha
for its consideration.
 Chapter-4

State Government

Governor
Governor is a nominal executive head of the state. He forms an important part
of the state executive where he acts as the chief executive head. Central
Government nominates the governor for each state.

Appoint
The Indian President appoints Governor for each state by warrant under his
hand and seal. Central Government is responsible to nominate the governor for
each state.

Term of Governor’s office

Since the Governor holds the office under the pleasure of the President, his
office has no fixed term. President can remove the Governor and the grounds
upon which he may be removed are not laid down in the constitution. Governor
may also get transferred from one state to another by the President. He also
can be reappointed.

Qualifications

1. He should be an Indian Citizen

2. He should be 35 years old or more

3. That person is not appointed as the governor who belongs to the state. He
shall be an outsider having no relation with the state he is being appointed to.

4. Consultation of the Chief Minister is taken by the President before

appointing a governor

5. He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a

member of either of the house, he should vacate the seat on his first day as
Governor in the office.

6. He should not hold any office of profit. 3. For his residence, Raj Bhavan is
provided to him without the payment of rent.

7. Parliament decides his emoluments, allowances and privileges.

8. When a governor is responsible for two or more states, the emoluments and
allowances payable to him are shared by the states in such proportion as the
President may determine.

9. Parliament cannot diminish his emoluments and allowances during his

term of office.

10. He is given immunity from any criminal proceedings, even in respect of his
personal acts

11. Arrest or imprisonment of Governor cannot take place. Only civil

proceedings can be initiated for his personal acts that too after giving two
months‘ of prior notice.

Powers and functions of the Governor

Executive Powers of the Governor

1. Every executive action that the state government takes, is to be taken in

his name.
2. How an order that has been taken up his name is to be authenticated,
the rules for the same can be specified by the Governor.
3. He may/may not make rules to simplify the transaction of the business
of the state government.
4. Chief Ministers and other ministers of the states are appointed by him.
5. It is his responsibility to appoint Tribal Welfare Minister in the states of:
1. Chattisgarh
2. Jharkhand
3. Madhya Pradesh
4. Odisha
6. He appoints the advocate general of states and determines their
remuneration
7. He appoints the following people:
1. State Election Commissioner
2. Chairman and Members of the State Public Service Commission
3. Vice-Chancellors of the universities in the state
8. He seeks information from the state government
9. A constitutional emergency in the state is recommended to the President
by him.
10. The governor enjoys extensive executive powers as an agent of the
President during the President‘s rule in the state.
Legislative Powers of the Governor

1. It‘s in his power to prorogue the state legislature and dissolve the state
legislative assemblies
2. He addresses the state legislature at the first session of every year
3. If any bill is pending in the state legislature, Governor may/may not send
a bill to the state legislature concerning the same
4. If the speaker of the legislative assembly is absent and the same is
Deputy Speaker, then Governor appoints a person to preside over the
session
5. As President nominates 12 members in Rajya Sabha, Governor appoints
⅙ of the total members of the legislative council from the fields of:
1. Literature
2. Science
3. Art
4. Cooperative Movement
5. Social Service
6. As President nominates 2 members in the Lok Sabha, Governor
nominates 1 member in state legislative assembly from Anglo-Indian
Community.
7. He can consult Election Commission for the disqualification of members
8. With respect to the bill introduced in the state legislature, he can:
 Give his assent
 Withhold his assent
 Return the bill
 Reserve the bill for the President‘s consideration

Financial Powers of the Governor

1. He looks over the state budget being laid in the state legislature
2. His recommendation is a prerequisite for the introduction of a money
bill in the state legislature
3. He recommends for the demand for grants which otherwise cannot be
given
4. Contingency Fund of State is under him and he makes advances out that
to meet unforeseen expenditure.
5. State Finance Commission is constituted every five years by him.
Judicial Powers of the Governor

Judicial Powers of the Governor

1. He has the following pardoning powers against punishment:

1. Pardon
2. Reprieve
 3. Respite
4. Remit
5. Commute
2. President consults the Governor while appointing judges of High Court.
3. In consultation with the state High Court, Governor makes
appointments, postings, and promotions of the district judges.
4. In consultation with the state high court and state public service
commission, he also appoints persons to the judicial services.

Chief Minister and Council of Ministers

Chief Minister is the head of the state government. While the governor is the
nominal executive of the state government, the person who becomes the chief
minister is the real executive of the government. The real executive is called ‗de
facto‘ executive that means, ‗in fact, whether by right or not.‘

Appointment
Chief Minister‘s appointment particulars are not mentioned in the
Constitution. According to Article 164 in the Indian Constitution, Governor
appoints Chief Minister. However, the Governor cannot appoint any random
person as the Chief Minister but has to follow a provision.
A leader of the party that has got the majority share of votes in the assembly
elections is appointed as the Chief Minister of the state.

Term of Chief Minister

The term of Chief Minister is not fixed and he holds his office during the
pleasure of the governor.

Chief Minister Responsibilities

 Formation of the cabinet – The Chief Minister possesses the power to form
the cabinet by preparing a list of the ministers. The Governor makes the
appointment, and the suitable candidates are selected as a minister.
 Administration of the state – The Council of ministers and the Chief Minister
are responsible for the administration of the state. They follow the policies and
laws of the legislature.
 Allotment of portfolios – Allocates and reshuffles the portfolios among the
ministers. The Chief Minister of the state possesses the sole right of
distributing and changing the departments is with
 Appointment and removal of the ministers – The Chief Minister possesses
the right to appoint and remove the ministers. The Chief Minister advises the
Governor to appoint the high dignitaries of the state.
 After the resignation of the Chief Minister, the government also collapses.
 Chairman of the state planning board – The Chief Minister is the chairman of
the cabinet, thus presides over meetings of the council of ministers, and
prepares and controls the agenda of meetings.
 Leadership – Chief Ministers participate in the meetings of both houses. In the
absence of the clear view of the cabinet ministers, the Chief Minister can
exhibit views in the houses.
 Financial matters – The Chief Minister makes important decisions of the
financial matters of the state, including a budget, financial planning,
infrastructural and developmental priorities, and economic growth of the state.
 Law formation – The Chief Minister frames the laws and policies of the state
government and approves or rejects the bills introduced by the ministers in the
legislative assembly. After the advice of the council of Ministers, the Governor
can summon and dissolve the state legislature.

Powers and Functions of Council of Ministers:

 Formulation of policies:They are the in charge of formulating the

government's policies. The Cabinet makes decisions on all key issues, including
public health, disability and unemployment benefits, plant disease control,
water storage, land tenures and production, and the supply and distribution of
goods.

 Administration and maintenance of public order:The executive power must

be used in a way that ensures that state laws are followed. The Council of
Ministers advices the Governor on making rules and regulations regarding the
working of the government for more efficient working.

 Guiding the state legislature:The majority of the bills voted by the legislature
are government bills drafted by ministries.The Ministers introduce, explain,
 and defend them before the State Legislature. Each year, before the start of the
first session of the Legislature, the Cabinet prepares the Governor's Address, in
which it lays out its legislative agenda.

 Execution of laws and decisions by the Union:In certain situations, the

Union Government has the authority to issue directives to state governments.
States should use their executive power to guarantee that the laws passed by
Parliament are followed. They should not do anything that might jeopardize the
Union's executive power.

 Appointments:The Governor appoints the Advocate-General, State Public

Service Commission members,the Vice-Chancellors of the State Universities, as
well as members of numerous Boards and Commissions, these all are done on
the advice of the Council of ministers.

 The budgets are introduced by the Ministers in the State Legislature. Like the
Finance minister presents the state legislature with the state budget.

State legislative assembly Speaker

The Speaker of the Legislative Assembly is the presiding authority and highest
authority of state legislative assemblies in India for carrying house proceedings.
He is empowered to determine the status of a bill submitted to the house by
the state legislators. Elected by the members of assembly, this post is held by
two politicians for two identical roles such as "speaker" and "deputy speaker"
for assembly session proceedings. In case one fails to attend the session due to
some uncertainties such as resignation, illness or death, deputy speaker acts
as a presiding officer until a new speaker is elected.
It is created under the Article 178 of the Constitution of India. The Indian
constitution also allows all states and union territories for the appointment of a
speaker.
Power and functions of Speaker

1. Speaker is responsible for presiding assembly debates and maintains order

and discipline of the house during legislative session

2. He decides "when a member should be called upon to speak and how long
he be allowed to speak". Questions relating breach of privilege and contempt of
the house is raised by the members with consent of the Speaker or the Deputy
Speaker.
 3. The prime responsibility of the speaker is to maintain discipline and order in
the house by practicing disciplinary privileges granted by the constitution of
India.

Unit -3

Chapter-5

Judiciary

Supreme court of India

History

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

Supreme Court Jurisdiction

The jurisdiction of the SC is of three types:

1. Original
2. Advisory
3. Appellate

Powers and functions of the Supreme Court of India.

 Original Jurisdiction: The following happens to be the original jurisdiction of

the Supreme Court,
1. When there occurs a dispute between the State and Central Government or
between two or more Central Governments then the Supreme Court as per
Article 141 works as the original jurisdiction.
2. The Supreme Court of India, as per Article 139 has the right to issue order,
direction or writs.
3. The Supreme Court of India can also enforce Fundamental Rights as per Article
32.
4. The top court of India has the right to transfer a case from one High Court to
the other in case of delayed decisions happening due to an increased number
of cases.

 Appellate Jurisdiction:

The Supreme Court of India has appellate jurisdiction in matters relating to

civil, criminal or constitutional as per the Articles of 132, 133, and 134. Also,
the Supreme Court of India can issue special leave as per Article 136 which is
being by any tribunal courts of India. But this does not apply to any of the
Army Courts of the Country.

 Advisory Jurisdiction:

The Supreme Court of India can advise the President of India on subjects
related to the question of law and nature. The President can also seek advice
related to Article 131 of the Constitution from the top Court of India.

 Review Jurisdiction:

The Supreme Court of India has the right to review any law that has been
passed by the jurisdiction as per Article 131 of the Constitution.

High Court of India

The highest judicial court in a state is the High Court. It is termed as the
second-highest in the country after the Supreme Court of India. Currently,
India has 25 High Courts established in different states of the country. As a
vital part of the Indian Judiciary,
 History

It was in 1858 when on the recommendation of the Law Commission, the

Parliament passed the Indian High Courts Act 1861 which suggested the
establishment of High Courts in place of Supreme Court in three Presidencies:
Calcutta, Madras, and Bombay. The Charter of High Court of Calcutta was
ordered in May 1862 and that of Madras and Bombay were order in June 1862.
Thereby, making the Calcutta High Court the first High Court of the country.
The reason for the implementation of this act was the need for a separate
judiciary body for different states. The British Government, therefore, decided
to abolish the then-existing Supreme Court and Sadar Adalat and replaced it
with High Court.
Certain rules and eligibility criteria were set for the appointment of a Judge in
any High Court and later after independence as per Article 214 of the Indian
Constitution, it was declared that every Indian state must have their own High
Court.
The British-created laws were different from the ones that were stated in the
Indian Penal code and the entire legal system of the country changed after the
independence of the country.

 There are 25 High Courts in India

Powers and functions of the High Court of India.

 Original Jurisdiction – In such kind of cases the applicant can directly

go to the High Court and does not require to raise an appeal. It is mostly
applicable for cases related to the State Legislative Assembly, marriages,
enforcement of fundamental rights and transfer cases from other courts.

 Power of Superintendence – It a special power enjoyed only by High

Court and no other subordinate court has this power of superintendence.
Under this, the High Court holds the right to order its subordinate offices
and courts the way of maintaining records, prescribe rules for holding
proceedings in the court and also settle the fees paid to sheriff clerks,
officers and legal practitioners.

 Court of Record – It involves recording the judgments, proceedings and

acts of high courts for perpetual memory. These records cannot be
further questioned in any court. It has the power to punish for contempt
of itself.
  Control over Subordinate Courts – This is an extension of the
supervisory and appellate jurisdiction. It states that the High Court can
withdraw a case pending before any subordinate court if it involves the
substantial question of law. The case can be disposed of itself or solve
the question of law and return back to the same court.

 Appellate Jurisdiction – This is for cases where people have risen a

complaint about a review of the judgement given by the district level or
subordinate court of that territory. This power is further divided into two
categories:
1. Civil Jurisdiction – this includes orders and judgements of the
district court, civil district court and subordinate court
2. Criminal Jurisdiction – this includes judgements and orders of the
sessions court and additional sessions court.
 Power of Judicial Review – This power of High Court includes the power
to examine the constitutionality of legislative and executive orders of
both central and state government. It is to be noted that the word judicial
review is nowhere mentioned in our constitution but the Article 13 and
226 explicitly provide High Court with this power.
 Writ Jurisdiction of High Court – Article 226 of the Constitution
empowers a high court to issue writs including habeas corpus,
mandamus, certiorari, prohibition, and quo warrento for the enforcement
of the fundamental rights of the citizens and for any other purpose. Read
in detail about the following –
 Habeas Corpus
 Writ of Mandamus

PUBLIC INTEREST LITIGATION

Public interest Litigation (PIL) means litigation filed in a court of law, for
the protection of ―Public Interest‖. Any matter where the interest of the
public at large is affected can be redressed by filing a Public Interest
Litigation in a court of law such as Pollution, Terrorism, Road safety,
Constructional hazards, etc.

Public Interest Litigation (PIL) in India

A Public Interest Litigation (PIL) is introduced in a court of law not by the
aggrieved party but by a private party or by the court itself.
  PILs have become a potent tool for enforcing the legal obligation of the
executive and the legislature.
 The chief objective behind PILs is ensuring justice to all and promoting
the welfare of the people.
 It is generally used to safeguard group interests and not individual
interests, for which Fundamental Rights have been provided.
 The Supreme Court of India and the High Courts have the right to issue
PILs.
 The concept of PILs stems from the power of judicial review.
 The concept of PILs has diluted the principle of locus standi, which
implies that only the person/party whose rights have been infringed
upon can file petitions.
 It has most ideally and commonly been used to challenge the decisions of
public authorities by judicial review, to review the lawfulness of a
decision or action, or a failure to act, by a public body.
 PILs have played an important role in India‘s polity. They have been
responsible for some landmark judgements in India such as the banning
of the instant triple talaq, opened up the doors of the Sabarimala and the
Haji Ali shrines to women, legalised consensual homosexual relations,
legalised passive euthanasia, and so on.

History of Public Interest Litigation (PIL) in India

In 1979, Kapila Hingorani filed a petition and secured the release of almost
40000 undertrials from Patna‘s jails in the famous ‗Hussainara Khatoon‘ case.
Hingorani was a lawyer. This case was filed in the SC before a Bench led
by Justice P N Bhagwati. Hingorani is called the ‗Mother of PILs‘ as a result of
this successful case. The court permitted Hingorani to pursue a case in which
she had no personal locus standi making PILs a permanent fixture in Indian
jurisprudence.
Justice Bhagwati did a lot to ensure that the concept of PILs was clearly
enunciated. He did not insist on the observance of procedural technicalities
and even treated ordinary letters from public-minded individuals as writ
petitions. Justice Bhagwati and Justice V R Krishna Iyer were among the first
judges in the country to admit PILs.
 Procedure to File PIL in India
Any Indian citizen or organization can move the court for a public
interest/cause by filing a petition:

1. In the SC under Article 32

2. In the High Court‘s under Article 226

The court can treat a letter as a writ petition and take action on it. The court
has to be satisfied that the writ petition complies with the following: the letter
is addressed by the aggrieved person or a public-spirited individual or a social
action group for the enforcement of legal or constitutional rights to any person
who, upon poverty or disability, are not able to approach the court for redress.
The court can also take action on the basis of newspaper reports if it is
satisfied with the case.

Significance of Public Interest Litigation (PIL) in India

The original purpose of PILs has been to make justice accessible to the poor
and the marginalized.

 It is an important tool to make human rights reach those who have been
denied rights.
 It democratizes the access of justice to all. Any citizen/agency who is
capable can file petitions on behalf of those who cannot or do not have
the means to do so.
 It helps in judicially monitoring state institutions like prisons, asylums,
protective homes, etc.
 It is an important tool in judicial review.

Criticism of Public Interest Litigation (PIL) in India

Off late, PILs have become a tool for publicity. People file frivolous petitions
which result in the wastage of time of the courts. People have used them with a
political agenda as well. They unnecessarily burden the judiciary. Even if the
petition is eventually dismissed, the courts spend time and effort on them
before dismissing them.
At present, only judges have the power to dismiss a petition. The Registry of the
SC or HC only ensures that the technical requirements of filing a petition are
fulfilled. As a result of which petitions are admitted to the court irrespective of
the merits of the case.
 Judicial Activism
Judicial activism means the proactive role played by the judiciary in the
protection of the rights of citizens and promoting justice in society. A judicial
method known as judicial activism allows judges to interpret the law in a way
that deviates from the text of the legislation or that enables them to develop
new legal norms, principles, or standards. This strategy frequently involves
using judicial review to invalidate laws or acts by the government that are
judged to be against the Constitution or to enlarge individual rights beyond
those previously recognized by the law.

Judicial Activism in India

Judicial Activism in India has played an important role in keeping democracy
alive. Judicial activism in India refers to the approach taken by the Indian
judiciary, especially the Supreme Court, in interpreting and enforcing the law.

It means that the court is actively involved in interpreting the Constitution

broadly to protect individual rights and promote social justice. Here are some
of the key reasons why judicial activism is important in India:

Protecting Individual Rights

 The Constitution of India guarantees several fundamental rights to

citizens, such as the right to equality, the right to speech, and the right
to a fair trial.
 Judicial Activism has been instrumental in protecting these rights, by
striking down laws and government actions that are deemed
unconstitutional and expanding the scope of individual rights beyond
what was previously recognized by law.

Promoting Social Justice

 The Supreme Court of India has been proactive in promoting social

justice, particularly through the use of public interest litigation (PIL).
 It allows individuals or groups to bring cases before the court on behalf
of others who are unable to do so themselves.

Ensuring Government Accountability

 Judicial Activism has helped to ensure that the government is

accountable to the people.
  By striking down laws and government actions that are deemed
unconstitutional or that infringe on individual rights, the judiciary serves
as a check on the power of the legislative and executive branches of
government.

Strengthening Democracy

 Judicial Activism has played a key role in strengthening the democracy

of India.
 By protecting individual rights and promoting social justice, the judiciary
helps to ensure that the government represents the interests of al

Judicial Activism Importance in Indian Democracy

Judicial activism in India refers to the proactive approach taken by the

judiciary in protecting the rights of citizens and ensuring that the government
follows the constitution.

Judicial Activism holds a high place in Indian democracy, which can be

concluded from the fact that:

 Judicial Activism helps uphold people‘s faith in the constitution and

judicial organs.
 It helps in enhancing administrative efficiency and helps good
governance. It helps in plugging active political lacunae.
 It also allows the participation of the judiciary in the advancement of the
country and in upholding democracy.
 Judicial Activism helps in protecting or expanding individual rights.
Hussainara Khatoon (I) v. State of Bihar, Sheela Barse v. State of
Maharashtra, Sunil Batra v. Delhi Administration, etc.

Criticism of Judicial Activism

Criticism of judicial activism refers to the arguments made against the concept
of Judicial Activism. It is a legal approach in which judges interpret the law in
a way that promotes social justice and protects individual rights, often
expanding the scope of their own authority. Criticism of Judicial Activism in
India includes the following points:

 Violation of Separation of Powers: Judicial Activism violates the

principle of separation of powers as it may result in the judiciary
encroaching upon the functions of the executive and legislative branches
 of the government. The judiciary is not elected and should not take
decisions that should be left to elected representatives.
 Judicial Overreach: It may result in judicial overreach, where the courts
take decisions that are beyond their competence or legal expertise.
 Delayed Justice: Judicial activism may lead to delays in the
administration of justice, as the courts may take time to deliberate and
reach decisions. This can result in justice being denied to those who are
in urgent need of it.
 Lack of Accountability: It reduces the accountability of the judiciary as
there is no oversight mechanism to check the decisions of the judiciary.

Chapter-6

Electoral process

Election commission of India

The Constitution of India has established a permanent and independent body

to ensure free and fair elections in the country known as the Election
Commission. The commission is responsible for holding Lok Sabha elections of
India.

Article 324 of the Constitution provides the Election Commission of India with
the power of direction, superintendence, and control of elections to parliament,
state legislatures, the office of president of India and the office of vice-president
of India.
The Election Commission is an all-India body that is common to both the
Central government and the State governments. It must be noted here that the
commission does not deal with the elections to the Municipalities and
Panchayats in the states. Hence, a separate State Election Commission is
provided by the Constitution of India.

Constitutional Appointment History of ECI

Since its inception in 1950 and till 15 October 1989, the election commission
was a one-member body with only the Chief Election Commissioner (CEC) as
its sole member.

 On 16 October 1989, the voting age was changed from 21 to 18 years.

So, two more election commissioners were appointed by the president in
order to cope with the increased work of the election commission.
  Since then, the Election Commission was a multi-member body that
consisted of 3 election commissioners.
 Later on, the two posts of election commissioners were eliminated in
January 1990 and the Election Commission was reverted to the previous
position.
 This was repeated again later in October 1993 when the president
appointed two more election commissioners. Since then, the Election
Commission functions as a multi-member body comprising of 3
commissioners.
 The chief and the two other election commissioners have the same
powers and emoluments including salaries, which are the same as a
Supreme Court judge.
 In case of a difference of opinion amongst the Chief Election
Commissioner and/or two other election commissioners, the matter is
decided by the Commission by a majority.
 The office is held by them for a term of 6 years or until they attain 65
years, whichever happens first. They can also be removed or can resign
at any time before the expiry of their term.

Composition of ECI

Article 324 of the Constitution has made the following provisions with regard to
the composition of the election commission:

 The President appoints the Chief Election Commissioner and other

election commissioners.
 When any other EC is so appointed, the CEC acts as the Election
Commission‘s Chairman.
 The President can also appoint regional commissioners to assist the
Commission, if necessary after consulting with the Election Commission.
 The tenure of office and the conditions of service of all the commissioners
shall be determined by the country‘s President.

Powers and functions of Election Commission

 Determining the Electoral Constituencies‘ territorial areas throughout

the country on the basis of the Delimitation Commission Act of
Parliament.
 Preparing and periodically revising electoral rolls and registering all
eligible voters.
 Notifying the schedules and dates of elections and scrutinising
nomination papers.
 Granting recognition to the various political parties and allocating them
election symbols.
 Acting as a court to settle disputes concerning the granting of recognition
to political parties and allocating election symbols to the parties.
 Appointing officers for inquiring into disputes concerning electoral
arrangements.
 Determining the code of conduct to be followed by the political parties
and candidates during elections.
 Preparing a program for publicising the policies of all the political parties
on various media like TV and radio during elections.
 Advising the President on matters concerning the disqualification of MPs.
 Advising the Governor on matters concerning the disqualification of
MLAs.
 Cancelling polls in case of booth capturing, rigging, violence and other
irregularities.
 Requesting the Governor or the President for requisitioning the staff
required for conducting elections.
 Supervising the machinery of elections throughout the country for
ensuring the conduct of free and fair elections.
 Advising the President on whether elections can be held in a state that is
under the President‘s rule, in order to extend the period of emergency
after 1 year.
 Registering political parties and granting them the status of national or
state parties (depending on their poll performance).
 To direct and control the entire process of conducting elections to
Parliament and Legislature of every State and to the offices of President
and Vice-President of India.
 To decide the election schedules for the conduct of periodic and timely
elections, whether general or bye-elections
 To decide on the location of polling stations, assignment of voters to the
polling stations, location of counting centres, arrangements to be made
in and around polling stations and counting centres and all allied
matters
 To prepare electoral roll and issues Electronic Photo Identity Card (EPIC)
 To grant recognition to political parties & allot election symbols to them
along with settling disputes related to it
 To sets limits of campaign expenditure per candidate to all the political
parties, and also monitors the same
 To advise in the matter of post-election disqualification of sitting
members of Parliament and State Legislatures.
  To issue the Model Code of Conduct in the election for political parties
and candidates so that no one indulges in unfair practice or there is no
arbitrary abuse of powers by those in power.

Challenges faced by Election Commission

1. Increased violence and electoral malpractices under influence of money

have resulted in political criminalization, which ECI is unable to arrest.
2. Election Commission is not adequately equipped to regulate the political
parties. It has no power in enforcing inner-party democracy and
regulation of party finances.
3. ECI is becoming lesser independent of the Executive which has impacted
its image.
4. Allegations of EVMs malfunctioning, getting hacked and not registering
votes, corrodes the trust of the general masses in ECI.

Electoral Reforms
It is generally accepted that while the first three general elections were
held in a free and fair manner, a plummeting of standards started during
the fourth general elections in 1967. Many consider the electoral system
in the country as the basis of political corruption. In the next sections,
we will talk about the challenges in this regard, and some of the previous
attempts at electoral reform.

Issues in Electoral Politics in India

There are multiple issues plaguing the electoral process in India. Some of the
most prominent ones are mentioned below.
 Money Power
In every constituency, candidates have to spend crores of rupees for
campaigning, publicity, etc. Most candidates far exceed the permissible limit of
expenses.
 Muscle Power
In certain parts of the country, there are widespread reports of illegal and
untoward incidents during polling such as the use of violence, intimidation,
booth capturing, etc.
  Criminalization of Politics and Politicization of Criminals
Criminals enter into politics and ensure that money and muscle power wins
them elections, so that the cases against them are not proceeded with. Political
parties are also happy as long as they have winnable candidates. Political
parties field criminals in elections for funds and in return provide them with
political patronage and protection.
 Misuse of Government Machinery
There is a general opinion that the party in power uses government machinery
such as using government vehicles for canvassing, advertisements at the cost
of the exchequer, disbursements out of the discretionary funds at the disposal
of the ministers, and other such means to improve the chances of their
candidates winning.
 Non-serious Independent candidates
Serious candidates float non-serious candidates in elections to cut a good
portion of the votes that would otherwise have gone to rival candidates.
 Casteism
There are cases of certain caste groups lending strong support to particular
political parties. Thus, political parties make offers to win over different caste
groups, and caste groups also try to pressurize parties to offer tickets for their
members‘ elections. Voting on caste lines is prevalent in the country and this is
a serious blotch on democracy and equality. This also creates rifts in the
country.
 Communalism
Communal polarization poses a serious threat to the Indian political ethos of
pluralism, parliamentarianism, secularism and federalism. Read more
about Communalism in the linked article.
 Lack of Moral Values in Politics
The political corruption in India has led to politics becoming a business. People
enter the political arena for making money and retaining their money and
power. There are very few leaders who enter politics to make a difference in the
lives of their people. The Gandhian values of service and sacrifice are missing
from the Indian political scene.

Electoral Reforms
1. Reducing Voting Age
The 61st Amendment Act resulted in reducing the voting age from 21 years to
18 years for the Indians.
2. Election Commission Deputation
Every election personnel will be superintended by the Election Commission of
India throughout the cycle.

3. Electronic Voting Machines (EVMs)

The introduction of EVMs in 1998 in the state elections of Madhya Pradesh,
Rajasthan, and Delhi earmarked a better and more efficient election process.
This is one of the most important Election reforms in India before 2000.

4. Restricting Constituencies for Contest

The Election process in India was transformed drastically when the candidates
were not allowed to contest from more than 2 constituencies in India.

5. Election Expenditure Limitation

The Electoral Reform Committee has capped the expenditure a party can spend
as an individual candidate. The amount is said to be set up to INR 50-70 Lakh
for Lok Sabha elections whereas INR 20-28 Lakh for assembly elections.

6. Broadcasting Election Results

In 2019, this electoral reform from EC stopped broadcasting the results before
the final phase in order to avoid misleading voters in any way possible.

7. Postal Ballot Reform

In 2013, an electoral reform expanded the ambit of this way of casting voting
by including 6 categories. This method can be used by service voters, wives of
service voters, special voters, wives of special voters, voters in preventive
detention, personnel on election duty, and notified voters.

8. National Voters’ Day

In this reform, the EC announced that 25th January will be celebrated as
National Voters‘ Day across the country to spread the awareness and
significance of elections. It is done to encourage the Indians to actively
participate in the elections and to express their thoughts.

9. Disqualification and Increase in Number of Proposers

The candidate as per the electoral reforms can be disqualified in case of
violation of National Honours Act, 1971. On the other hand, the security
deposit to contest the election as well as a 10% increase in the Proposers on
the nomination papers has also been done.