Tht Constitution ofIndia

Its main recommawl

Restrictions upon freedom of trade and commerce :>
~-
~ Article 302-305 provide certain restrictions on freedom of trade and commerce. Following are the :> In 1986, the Goverr
panchayati Raj Instit
restrictions:-
:> It recommended th;
(!) Parliament may by law impose restrictions on the freedom of trade and commerce between States
and preserved.
in public interest. [Article 302)
rd constitutional AJ
(2) As a general rule discriminatory or preferential provisons cannot be made. [Article 303(1)) But for 73
:.---
the purpose of dealing with the scarcity of goods arising in any part of India discnmmatory or :> The amendment ga
preferential provisions can be made. [Article 303(2)) :> This amendment a
(3) Non-discriminatory taxes may be imposed by States on goods imported from other States simi- consists of provisi

larly as on goods produced within the State. [Article 304(a)) In addition, the a1

(4) Reasonable restrictions may be imposed by State in public interest. [Article 304(b)] :> This schedule col
(5) Restrictions imposed by existing Jaw and the Jaws providing for the State monopolies to continue :> The amendment
except in so far as provided otherwise by an order of the President. [Article 305] shall take steps t
be necessary to e
PANCHAYATS, MUNICIPALITIES AND CO-OPERATIVE SOCIETIES :, Three-Tier Syst
[Part IX, Articles 243, 243A to 243ZT]
that is, Panchay

The Panchayats Gram Sabha

:, The Gram Sab
~ In 1957, the Government oflndia appointed Balwant Rai Mehta committee to examine the working
of the Community Development Programme and the National Extension Service and to suggest :, Article 243(b)
village compri
measures for their better working.
~ Article 243A
~ The committee recommended the establishment of the scheme of'democratic decentralisation', which
village level as
came to be known as Panchayati Raj.
Constitution of l
~
I
It recommended the establishment of a three-tier panchayati raj system:
~ Article 243B ~
It recommended the establishment of a three-tier panchayati raj system ate and distrid
~ Panchayats at
twenty lakhs.

Panchayat Samiti Zila Parishad Composition o~

Gram Panchayat
at the village level at the block level; and at the district level ~ Article 243d
make provisil
Rajasthan was the first state to establish Panchayati Raj. The scheme was inaugurated on Octo- ~ All the seats
ber 2, 1959, in Nagaur district. Rajasthan was followed by Andhra Pradesh, which also adopted the encies in the
system in 1959. Reservation ot
In 1977, the Government oflndia appointed Ashok Mehta committee on Panchayati Raj institutions ~ Article 243
under the chairmanship of Ashok Mehta.
► The Sc]
:> It submitted its report in 1978 and made recommendations to revive and strengthen the declining
► TheSd
Panchayati Raj System in the country.

424 Samarth Agrawal Books

 . necomu .
~ Its main recommendatio th ' .,,,on oj1ndia
.
ns e three-tier syStem of Panchayati Raj should be replaced by the two-uer
~-
~ In 1986, the Government .
aPPOtnted .
a co mmittee . . . of
to prepare a concept paper on ,Revitalisation
Pan ch ayau. Ra J' In stitutions
. for D
emocracyand D 1 • h · h' fLM s· iili .
~ It recommended that th p . eve opment under t e chairmans ip o . m~vi.
and preserved. .
e anchayau Ra I i nSt1tut10ns should be constitutionally recognized, protected

73 rd Constitutional Amendment• l°"'

-- 772

~ The amendment gave a constitution al status to the Panch . Ra ' I . .

~ This amendment add d ayau I nsututtons .
., e a new Part-IX to th C . . . . . •
consists of provisions fro Ar . e onSt1tut10n. This part 1s entitled as The Panchayats and
m tic1es 243 to 243 0
::, In addition,
. the amendment
. ·
also add ed a new Eleventh Schedule to the Constitution.
·
::, This schedule con tams functi ona l items of the panchayats. It deals with Article 243-G.
::, The take steps t gave a .practical
h 11amendment . r .
r ea tty to Article 40 of the Constitution which says that, "The State
s a O organise Vl 1lage panchayats and endow them with such powers and authority as may

be necessary to enable them to functi on as umts . o f self-government."

::, Three-Tier
. System: The amend
. ~en t provt·cl ed fior a three-tier
· system of Panchayati Raj in every State,
that 1s, Panchayats at the village, mtermediate, and district levels.

Gram Sabha
::, The Gram Sabha is the foundation of the Panchayati Raj system.
::> Article 243(b) provides that it is a body consisting of persons registered in the electoral rolls of a
village comprised within the area of Panchayat at the village level.
::, Article 243A provides that Gram Sabha may exercise such powers and perform such functions at the
village level as the Legislature of a State may, by law, provide.

Constitution of Panchayats [Article 243B]

~ Article 243B provides that there shall be constituted in every State, Panchayats at the village. intermedi-
ate and district levels in accordance with the provisions of this Part.
~ Panchayats at the intermediate level may not be constituted in a State having a population not exceeding

twenty lakhs.

Composition of Panchayats [243C)

, Article 243C provides that subject to the provisions of this Part, the Legislature of a State may, by law,
make provisions with respect to the composition of Panchayats.
~ All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constitu-
encies in the Panchayat area.

Reservation of seats [Article 243D]

~ Article 243D provides that seats shall be reserved for:-

► The Scheduled Castes; and

► The Scheduled Tribes, in every Panchayat

425
Samarth Agrawal Books
 ·1ution ofl ndia
The Constt . cies in a Pancha at. reserved for
d"fferent constttuen~=- d S'(s shall be
d b rotation to I erved for SCs an
~ Such seats may
be allotte f seats res
. d O f the total number o S h duled Tribes.
d l d
. to the Sche u e
·
Not less than one- th1r heduled Castes or the c
e d for women b elon. n t election m every
~ worn
en belonging to the Sc . h umber of seats reserve
. . cludm t e n b of seats to
be filled by d1rec . n to different
b rotauo
~ 1 than one-third m .
Not ess S h duled Tnbes o
f the total nurn er
d ch seats rnay
be allotted y
Castes and the c e d for women an su h 11 be reserved for
Panchayat shall be reserv\ . or any other levels a
constituencies in a Panchaya . . h Panchayats at the village
~ The offices of th e Chairpersons mt e
► The Scheduled Castes;
The Scheduled Tribes; an d f State rnay, by 1aw' provide.
► . h manner as
the Legislature o a .
►Women m sue . 24381 law for the time bemg
Duration of Panehaya ts ' etc [Article h t unless sooner iss
d' olved under any t" n .
. d for its first mee l
, date a omte
Article 243E provides th at every Panefj ayathe
~ . for five ears rom
in force, shall contmue h 11 be completed
. Panchayats a
~ An election to constitute a . .

a before the expiry of its duration; . ths from the date of its dissolution .
() . ,. on of• p«iod ofox moo ld have continued .
ts less
th
(b) before the expira I h d' lved Panchayat wou
.
:., Where the remam er d of the period for which t e isso . d
hold any election un er this clause for constitutmg e
. mon ths , it shall not be necessary to
than six

Panchayat for such period. . l ·· [Article 243-1]

. . f Finance Comm1ss1on . . to review financ1a pos1tton f th
Constitution o h 11 may be within one year rom e
~
h h G vernor of a State s a , as soon as .
Article 243-1 provides . d Am en d men t) Act, 1992' and thereafter at the exp1-
t at t .e t"o (Seventy-thu
h C
commencement e onst1tu_10n
oft year, . . .
C omm1ss1on to review the financial position of the
ration of every fifth constitute a Finance
Panchayats and to make recommendations to the Governor.
Elections to the Panchayats [Article 243K]

~ Article 243K provides that the superintendence, direction and control of the preparation of electo~al
rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commis-
sion consisting of a State Election Commissioner to be appointed by the Governor.
~ The State Election Commissioner shall not be removed from his office except in like manner and on
the like grounds as a Judge of a High Court and the conditions of service of the State Election
Commissioner shall not be varied to his disadvantage after his appointment.

The Municipalities

The system of urban government was constitutionalised

:l 1992. through the 74" Constitutional Amendment,

~ This
d amendment added a new Part IX-A to the Constitution This part is titled
..
. of provmons _- ~------~-c....=• as
'Th M · · 1· · '
e un1a12a 1t1es
an consists from Articles 243- P to 243-ZG. -~----.----.c--
426
Samarth Agrawal Books
 ..
:> In add 1t1on,
th
e act has l
n,c .
ons11tution of India
a so added
:> This schedule contains fu . a
nct1onal it new Tuelfth . .
. Sched uIe to the Constitution.
:> State Govern~1ents are under con ~ms_of municipalities. It deals with Article 243-W.
accordance
. . •.
with the Pr OVlSlons the Act. obli gat ion to adopt the new system of municipalities in
ofStltutional
ConstttutJon of Municiparf
- . I ies [Article 243Q]
:> Article 243Qprovides th at th ere shall b .
(a) A Nagar Panchayat (b wh e constituted in every State:-
. . Y atever nam II . to say, an area in
· · I area, that 1s
trans1t10n from a rura I area to an b e ca ed) for a t ransitlona
. . ur an area·
(b) A Mumcipal Council fi '
. . or a smaller urban area; and
(c) A Mumcipal Corporatio n fior a larg . ace d
er ur ban area m .h h .. .
Composition of Municip r f [ . ' or ance wit t e provmons of this Part.
a I ies Article 243R]
beillg
:> Article
. 243R .
provides that all th e seats m
election from the territorial c • . . a Munic·ipa rity sh aII be filled by persons chosen by direct
· · al area
onstltuencies m the M umc1p --
. .

I .
:> Each Mumc1pal area shall be div1•d ed mto
. .
Constttutton and composition of W ar d s C omm1ttees,.
. ·
tern. tonal constituencies to be known as wards.
etc [Article 243S] --

:> Article 2435 providei that there sh 11 b . .

I less wards within the t .t . I a e constituted Wards Committees, consisting of one or more
~ the
= ern ona areaofaM umc1pa. . 1·1ty h avmg
. a population of three lakhs or more.
:> Where a Wards Committee consists of:-
(a) One ward, the member representing that ward in the Municipality; or
· the Municipality elected by
· such wards m
(b) Two or more wards , one of th e memb ers representing
the
the members of the Wards Committee, shall be the Chairperson of that Committee.
I pl-
the Reserva f on of sea ts [Article 243T]
tide 243T provides that seats shall be reserved for the Scheduled Castes and the Scheduled Tribes in
unici ali .

ral eats may be allotted by rotation to different constituencies in a Municipality.

us- ot less than one-third of the total number of seats reserved for SCs and STs shall be reserved for
women belonging to the Scheduled Castes or the Scheduled Tribes.
n ~ Not less than one-third (including the number of seats reserved for women belonging to the Scheduled
n Castes and the Scheduled Tribes} of the total number of seats to be filled by direct election in every

Municipality shall be·reserv€d for women.

:) The offices of Chairpersons in the Municipalities shall be reserved for the Scheduled Castes, the Sched-
uled Tribes and women in such manner as the Legislature of a State may, by law, provide.

Duration of Municipalities, etc. [Article 243U]

~ Article 243U provides that every Municipality, unless sooner dissolved under any law for the time
being in force, shall continue for five ears from the date a ointed for its first meetin

Saroarth Agrawal Books 427

 r,, °'"""';"" ef/,d«' '
. I be completed:-
. re a tvf un icipahtY sha•
:> (,An) efecuon
Befo" ,h«'"pitY .
to constJtUofi" du,.11~•· . th from the date of i" dissolution-
. . f ,,.od of'"' ,non ' . d. 1
(b) Bd'" ,h, "''"' "'" o • . d. I d MunicipalitY would hav«onunue " es,
• W'h"e ,h, " "'' '"d" of th<pc<iod for w:•~:!:n;•:,;;on (or cons ti tu ting the Munici palitY for ,uch

pcnod. . o .
than si){ months, it shall not be necessar}' f .. ..r • • l'ty before the e,cpiration of its duration
:> A MunietP r•IY cons tiwted upon .the f h
d d.,.,1uuon which the di,,olved MunicipalitY would have
~,un•<>P"
.o da for
3
shall conttJlUConly for the rernatn er o t e peno

cononued.
Poo<I to imP'" """ by, ,nd Fund, of, the l',lunicipalitiu [A<ticle 243){]

o Artid< 243X p,o,id" th,t the J.,egi,~ture of• St>te m•Y• by law,-
(,) ,utho,i", Municip,lity to i"'l', collect and ,pprop1iate ,uch taxes, duties, tolls and fees in acco,-

dance with such procedure and subject to such limits;

(b) ,.,ign to, Municip,lity ,uch tU", dutie,, toll• ,nd fee, [,vied and collected by the State Govern-
,
ment for such purposes and subject to such conditions and limits·
(,) pw.id< fo, moking ,uch g,ants-in-aid to the Municip,litie.s from the Consolidated Fund f th
s~«;•nd o e

provideofforth,constitution
(d) b<h,If Municip,iitie, ,nd Fund
of such d . . all t';'ey:i,received, re,pectively, by
abo ~,o:h::i:~~g
f; on °'
,p<eified in th, l,w. rawa o ,u money, therefrom, as may be

th e fi nanc1al
:> Article . position
243Y providesofthat
the Munic· ,pa1·,nu
the p·mance .Comm1ss10 .
. . n constitute d under Article 243-I shall a1so rev1ew
.

~ . to th e Mu01c1palities
Elections . . [Article 243ZA]
rolls ~o'.,243ZA
Article
~• d th, conduct atof, ,11
.
provides th th e Supenntende · • and control of the
nee, dtrecllon
Co
mm11non «fmed to in Article 243;_'
electio .
to the Municipalities shall be ve pr~paratton of electoral
Committee for district pl . sted m the State Election
annmg [Ar• I
~ Arti I tic e 243ZD]
c e 243ZD provide
. h .
s t at there shall be constituted
... Planning Co mm1ttee. ·
., Th' fu nrbonof. th . m every state at the d . .
,Iitics in th, di>t '. commut« i>to consor d istrtct level a District
1
Co "" and to •te the pl
o mmitttt fo, M«opolu,n t . I" "'• draft deveIo ment 1 • by th e panchayat
ans prepared d
ArPIticl_e 243ZE prov'd panning [Article 243ZE] an or the district as a hs anl the Munici-
anmn C • " thatth w oe
g ommitt<e to prepare ere ,h,U be . .
a d ra ft develconstituted tn
. Metropolita
o ment lan fi every
o Port IX-B The C or the Metr . n area a Me .
97• Co _rontointing Ar. - <H>eerativc S . . o ohtan area tropohtan
__- n,tuution,l Am llcles 243ZI! ocscttcs as a whole.
-- 2011
endment~ - to 243ZT rel ating
. to cO-Operativ .
e societies w .
as inserted by
Sa111arth A
grawal 1\. ooks
 · f Tb, Constit11ti011 o'
(/ Ind"'
Ill corpora t 10n o co-oper a t·Ive so • .
- . I ciettes [Article 243Zl]
~ Artie e 243ZI provides that th .
. • e Legislature 0 f S
.mcorporatlon. regµl:>tion and w· . a late may, by law, make provisiom with respect to the
. d tnding\!n of . . . .
formation, emocratic memb co-operative societies based on the principles of voluntary
er-control, memb . . . . .
~ Article 243ZJ provides h er economic parttc1patton and autonomous funct1orung.
t at the board shall .
by the Legislature of a Stat b l consist of such number of directors as may be provided
e, Yaw.
~ The maximum number of d"
!rectors of a co-o • .
. perattve society shall not exceed twenty-one.
~ The Legislature of a State shall b 1 .
the Scheduled T •b ' y aw, provide for the reservation of one seat for the Scheduled Castes
or n es and two seats fi
. d' •d l or women on board of every co-operative society consisting
0 f m 1v1 ua s as members and h ·
aving members from such class of category of persons.
~ The term of office of elected me b f h
m ers o t e board and its office bearers shall be five years from the
date of election and the term 0 f 0 ffi b
ice carers shall be co-terminous with the term of the board.
Ek ction of members of board [Article 243ZK)

~ Article 243ZK provides that the election of a board shall be conducted before the expiry of the term
o f the board so as to ensure that the newly elected members of the board assume office immediately
on the expiry of the term of the office of members of the outgoing board.

~ Article 243ZM provides that the Legislature of a State may, by law, make provisions with respect to
the maintenance of accounts by the co-operative societies and the auditing of such accounts at least
once in each financial year.

~ Article 243ZN provides that the Legislature of a State may, by law, make provisions that the annual
general body meeting of every co-operative society shall be convened within a period of six months
oral
of close of the financial year to transact the business as may be provided in such law.
10n

EMERGENCY PROVISIONS
[Part XVIII, Articles 352-360)

ict
National Emergency [Article 352)

Cl·

n
Provisions
L--------'- Failure of Constitutional
machinery of State or State
Financial Emergency [Article 360] Emergency [Article 356}

429
Samarth Agrawal Books
 The Comtttutton ofIndia
cy [Article 352)
National Emergen exists whereby~ '{be PO
ave emergency
. or armed rebellion, e may by
. h ~ special
h f the Pres, den t is satisfied that a1gr ess10n
c Jc 352 provides ~
I t atf Jis threatene d by war :r~_~ex;t;er;n~~~agtlg~r~t!Q)~!ffllnncdQ.:il.!!aJOl!r....!o~f'-"s'-"u=ch=-+=a=
a or any part t 1ereo I . to that effect in res ect o f the whole o
rt'""'o~f'--'tli~c ~
'{be Pr
ke a dee aratton • rnatio
proclamation ma b ec1fied in the Proclamation. d ent Act. 1977 in place of
t rito th ereo fas may esp . d b 441h J~ll!J-!Y.!1!.
Const1tut1on 2rua!llJ.A11m~en@.!m~~=~-- 1:Jfect of
b Ilion' was mserte y -
d 'armed re e follo

,
Th 1 f I d" !)
e wordisturbance.,
'internal an be proclaime d ett . h er for the who e o n 1a or
- (1)
. ·al extent of emergency.. The emergency c
-
~ any
Ternton
part of the country. b fore the actual occurence
of war external ag
, - (2)
can be made even e
.., /4e proclamation of emergency . to Article 352] .
_7 ~~~ ress10n or arme d rebellion. [Explanation k cl by Prest"d ent bYa subsequent proclamation. (3)
b ried or revo e U . C b. .
roclamation of emergency can e va onl when the decision of mon a met.11 (4)
lamation of emergency y . . d
:> President will issue or vary a proc h lamation may be issued or vane .
. • · · that sue proc · d d
'- communicated to him tn wntmg ·1 [Ministers of Cabinet rank appomte un er (5)
.
:> Union Cabinet consists o nme f p . Minister and Counc1 o

Article 75. . ust be laid before each House of the

. Th oclamat10n of emergency m . f
:> Approval by Parliament: e pr . . f 1 month unless before the expiry o one
. d it shall cease to operate at the expirat10n o
Parliament an I . b b th Houses of the Parliament. (6
month it is approved by a reso ut10n y o . .
· must b e passed by special ma1onty of both the Houses of
:> The resolution approving the proclamat10n
the Parliament . .
· · · d t t"
:> If the proclamat10n of emergency 1s issue a a ime when Lok Sabha is dissolved
. or dissolution takes
.
place within one month of proclamation without approving the proclamation but the proclamation
has been approved by Rajya Sabha then the proclamation will have to be a~prove_d by the Lok Sabha
within 30 days from the date when the newly constituted Lok Sabha first sits. If it does not approve
within the said 30 days then the procalamation shall cease to operate.
~ Duration of emergency: Proclamation of emergency once approved by the Parliament shall remain
in force for a period of 6 months (unless revoked earlier) from the date of passing of second resolu-
tion approving the proclamation.

~ For the continuance of emergency beyond 6 months approval by Parliament would be required every
six months.

~ Power of Lok Sabha to pass resolution for discontinuance of emergency: The President shall
revoke a Proclamation if the Lok Sabha passes a resolution disapproving the continuance in force of
such proclamation.

~ Special sitting of Lok Sabha: Where a written notice signed by not less than 1/lOth of the total
members of the Lok Sabha has been given to:-

► The Speaker, if the House is in session; or

► The President, if the House is not in session

a special sitting of the Lok Sabha shall be held within 14 days from the date of receipt of the notice.
430
Samarth Agrawal Books
 · wt·11 contain a .
fhe nottce . n,.. Co 11Sht11tio,,
· ofIntl"
~ . . . n tntentio "'
special s1tttng
·d t will be
. held t o cons1d. n to move
er such res a r eso 1
. . f.or d"tscontmuance
utton . . The
of the proclamatton.
1
fhe Prest en can issue diffe o utton.
~ . . . . rent prod .
matton 1s m operation or not. amatton O n d"1f:'xerent
" grounds whether or not any other procla-

f r1ffect of
~ proclamation
. of emergency

. effects of proclamation of
, folloWtng are the .
t (1) The executive power of th emergency:-
. pow • e Centre shall extend tog1v· d" .
. h executive
whtc . er ts to be exercised [Ar . mg irecttons to the State as to the manner in
2) The Parliament shall ha · ttcle 353(a)]
( to any matter in th s ve power t0 k
. (Article
. e tate List. ma e laws, .
· powers or tmposmg
(b confe rnng . duties with respect
353
(3) Centre
. can alter ion o revenue betwe)]
dtstribut' f .
(4) President can extend the l"fi f en Union and State. [Article 354]
i e O Lok Sabha b .
mont s a ter proclamation cea y a year each ttme upto a period not exceeding six
h fi ses to operate [Art' 1
(5) Suspension of fundament 1 . h · ic e 83(2)1
groun'cl o f war or external aga ng. ts under Art'ic1e 19: If the emergency is in operation on the
. . the nghts
abndgmg . guarant gress10n
d . State can ma ke any law or take any executive action
d then the
. . ee un er Article
. 19 · The 1aw must contam . to the effect that
. a recital
such law 1s m relation to the Pr
. . 1
oc amation of emergency. [Article 358]
(6) gency O f fu d . . the proclamation of emer-
Suspension
is in operation th enforcement
of nght of p .d n amental nghts: While
ment of fundament i.
eh res1 ent may declare that the right to move any court for the enforce-
. d . a _ng t as may be mentioned in the order (except Articles 20 and 21) and all
procee d mgs pen mg 10 any court fior the en1orcernent
c of such fundamental right shall remain
suspen d ed .
, 1 ·
InA.D.M.,Jabalpurv.
f ShivkantShukla
. · th e
' AIR1976SC1207 , Supreme C ourt h eldthat d unng
proc amat~on ° emergency nghts under Article 21 can also be suspended and no person shall have any
locus standz for enforcement of such right. This case is also known as habeas corpus case.
, Later on by way of 44 th Constitutional Amendment Act it was provided that the President cannot
suspend the enforcement of rights contained in Article 20 and 21.

Judicial review of proclamation of President

, In Minerva Mills Ltd. v. Union of India, AIR 1980 SC 1789, Supreme Court held that there is no
bar to judicial review of the validity of Proclamation of emergency. However, the court's power is
limited to examining whether the limitations conferred by the Constitution have been observed or not.
If the satisfaction of the President is absurd, malajitk or perverse then it would be liable to be chal-
lenged in the court of law.
Failure of Constitutional machinery of State or State Emergency [Article 356
~ Article 356 provides that if the Presiden~ on receipt of the report from the Governor or othetwise, _is
satisfied that the situation has arisen in which the government of the State cannot be earned on m
accordance with the Constitution, the President may by proclamation:-
. lf 11 of the powers vested in or exercisable by the Governor to anybody
(1) Assume to h1mse a or any
or any authority of the State. 431
Samarth Agrawal Books
 Tiu Conrtitu/t()tl ofIndia
(2) Declare that the po;,.,ers ofleg1slature of the State shall be exercisable by or under the authority of
ti:
the Parliament. G
(3) Make such incidental or consequential provisiom as may appear to the President desirable or

yecessary.
;,--1lle President cannot assume the powers vested in or exercisable by the High Court.
~~s provision is justified in view of Article 355 which .,rovides that it shall be the duty of the Union
~ 1
5
/ ' to protect every State from external aggression and internal disturbance and to insure that the govern-
t of every State is carried on in accordance with the provisions of the Constitution.
clarnation issued under Article 356 shall be laid be.fore each Hou_se o~ t~e Parliament and shall
ain in force for two months unless before the expiry of that penod 1t 1s approved by both the
Houses of the Parliament [Article 356(3)]
~ f the proclamation of emergency is issued at a time when Lok Sabha is dissolved or dissolution takes
place within two month of proclamation without approving the proclamation but the proclamation
has been approved by Rajya Sabha then the proclamation will have to be approved by the Lok Sabha
within 30 days from the date when the newly constituted Lok Sabha first sits. If it does approve within
the said 30 days then the procalamation shall cease to operate.
~roclamation once approved by the Parliament shall (unless revoked) remain in force for a period of
six months from date of issue of such proclamation. [Article 356(4)]
~ o r the further continuance of emergency it must be approved by the Parliament each time.
~~::'.on of State emergency: No such proclamation shall remain in force for a period longer than

~ Article 356(5) provides that a resolution for continuance of

passed by the Parliament unless:- emergency beyond one year shall not be

(1) State;
A proclamation
and
of emergency is in operation in the wh O le of I nd ia . whole or any part of the
. or m

(2) ~le~tion C~mmission certifies that continuance of emer e .

ties m holding election to the State Assemblies. g ncy is necessary on account of difficul-

Judicial review of proclamation of State emergency

.· . Bo'lllIIJaJ· V. Union of India, (1994) 3 sec

:> In SR
Pr~s'.dential proclamation is permissible if the all t' 1, Supfreme Court held that judicial review of
pet.ttton. ega ions o ma/a fides have been l eve l ed m
. th e the

:> The Court laid down the foll owmg . .

. guidehnes:-

(1) Proclamation dissolving State Le . 1 .

2) p . ' gis at1ve Assembly is sub ' . . .
( residents rule cannot b . Ject to Judicial review:
.. e imposed on the ground of . . . '
(3) Impost1t10n of President' 1 . political considerations·
( ) s ru e and dissolution of Sta '
4 State Assembly can only be dissolved afte p 1· te Assembly cannot be done together-
5) E · r ar 1ame t ·
n approves the proclam t'
•
( x1stence of materials .
1s a pre-condit' a 10n
President's rule. ion to form the basis of satis . f,or. imposition
. f:action · of

432
Samarth Agrawal Books
t),- Of n,t Constit,, .
In Bameshwar Prasad v n . '""' ofIndia
~ . vruon ofl
d · I .
while recommending isso Ution of A ndia, (2006) 2 SC C 1, Supreme Court held that the Governor
tiating his decision · In absence of rel ssernbly has to annex wit . substan-
. h the report relevant materials I,
I
overnor. evant rnaterials •
it w1·11 be considered • · of the
as a personal opm1on II
G II
Financial -:-i
II:I
. . .a.:.mergecy [Article 360)
~ Article 360 provides that if the Pre . . 1)
. of India or an
· or ered 1t . . has arisen whereby the financial
s1dent is satisfi ed th at situation
stab1·11ty I I
. . h
y part of the territo ry IS
delclaratJon to that effect. t reatened, he may by a proclamation make a
~ The financial emergency shall cease to operate at th . .
approved by both the Houses of p . e expuation of two months unless it has been
1
ar 1ament.
:, While. the .proclamation of finan c1a · 1emergency is. .m . h . . .
. operation t e execution authonty of Union can
give d1rect1ons to the State to 0 bserve fimanc1al ·
· mentioned
p ropentey
. in the directions.
:, Salanes and allowances of all or any 1 f
Court and High Court b d c ass o persons serving in the State including Judges of Supreme
. . s can e re uced wh en th e fimanc1a . 1emergency is in operation.
:, Fmanoal'.'._emergency has not been imposed in India till date.

AMENDMENT OF THE CONSTITUTION

[Part XX. Article 368]
:> Article 368 prescribes the procedure and power of the Parliament to amend the Constitution.
:> Procedure of amendment: The Bill to amend the Constitution can be placed before any house of the
Parliament. When this Bill is passed by the majority of the total number of members of each house (i.e.
more than 50 percent) and at least two-thirds majority of the members present and voting, then the Bill
is presented before the President who will be bound to give his/her assent for the same. After the
approval of the President on the Bill, the Constitution will be amended.
Following are the types for the amendment of the Constitution-
~endment by Simple Majority- Article 4, 169 and 239-A are placed in this category. The
simple majority of Parliament is sufficient for amendment in these provisions. These Articles are
excluded from the purview of Article 368.
~Amendment by Special Majority- All other provisions of the Constitution which are not in-
cluded in No. (1) and (3) are placed in this category. For amendment in these provisions, special
maiority of Parliament is required.
Special Majority means the majority of total membership of the House as well as majority of not
less than 2/ 3 of members of that House present and voting.
(_-<.p n~c "t°) ·· h" h b · fcd l
(l).--Special Majority and Ratification 1>y the States - Prov1S1ons w 1c are astS o re era struc-
ture are included in this category. These are vital matters where States have important powers and
·1 t I dment may adversely affect the interest of States. For incorporating amend-
. . .
any um a era amen
· h ·· Special MaJ·ority of each House of Parliament as well as ratification by
men ts m t ese provmons,

l
not less than ½ of the States is required.

Following provisions require such ratification

- Samarth Agrawal Books

433
!
I

I
 71,t Comtitufion ofIndia -0,e "ahd1tY
~ Stfl te o
. of the President [Article 54, 55) V",
(1) El ection . I 73 162 241 or 279 Al
, of the Uni.on an d States [Artic e •
'fbe 5up re
(2) ExtentofEJCecutivep •
owers [A· I 124-147,214-:Z.31,241} ~
(3) Articles dealing with Union an d State Jud1..
c1ary ru uc e tu tioP:al A .
. d State [Article 245-ZSS l Cof l5ti tutl
(4) Distribution of Legislative owers between the Union an
p " d 'fbC cou rt
·1(Article 279A) [Jnserte dby Con stitu tion (101 ) Amen ment ~
(5) Goods and Service Tu Cou 50 35 tO d
nc1
Act, 2016
(6) Representation of State in Parl
iament (Schedule 4) ~
4Z"d cool
(7)
Any of the List of Seventh Schedul
e; or
~
,od (5)
'fheSC c\3
"'I
(8) Article 368 itself. tc13 use (4
Can Fundamental Rights be the Cof lS
amended?
r t • exercise of the powers con
.., Aes the Fundamental Rights can be ame
nde d
ferred
:> In JW111
c.. / -. ' by the P~r i~men ID
under Arti.cle 368 su b"1ect to basic structure of the Const1tut1on.
S Cou rt held that power to ame
;.,tid< j
power 1
Sbankari prasa v. uw on of India
rr . (1951) the upreme nd the
.
d . . . d . Aru ·de 368 and the wor d 'law' in Arti
Constitution mcludm . th fu d tal ngh cle sup rern
g e n amen . ts 1s cont
. a1ne 10
f the le islative power and does not incl :>
13(2) includes only an ordinary ude the
law made '.n eJCerc_ise of 0 fth e
_g t ower Con stit utio nal ame
constitutional amendment which
will be valid even if it abridges or take
is made m exercISe o constltu~n
: .
ndm ent tha t it J
s
CJ
,,.,( b awa y any fun dam enta l ngh ·
ti · sa,iian Sin gh v Sta te of . .
--=-7 judg
:::,u sequen ym 11 Raj asth an (1965) Sup rem e Cou rt
ment in sha nka ri Prasad's• case app rov ed the mai ont y
and held that 'am end men t of the •
Con sut uuo•
n ' mea ns ame n d-
~
ment of all parts of the Constitution
In GoJaknath v. State of Pun jab .
(1971) Supreme Cou rt prospective Articl1
in ShankariPrasad's case and Sajjan ly ove rrul ed its earl ier decisions :>
Singh's case. The cou rt held that Par
date of decision to amend Part liam ent bad no pow er, from the and ,Yl
III of the Con stit utio n so as to
take awa or abr id e Fun dam P,
ent al ►
~ The court observed that the amendment is 'law'
Rights.
wit hin the mea nin of Article
.,, s
violates any of the fundamenta 13 2 and ther efo re if it
l rights it may be declared void l1
includes statutory as well as con stitu . The wor d 'law ' und er Art icle 13(2) ►
tion al law. The cou rt furt her held
procedure to amend the con stitu tha t Art icle 368 onl y deals wit h Co mp os\
tion and the power to ame nd the
Con stit utio n is der ived from
Article ~
245. Art i1
~ 24th Con stitu tion al Am end men
t Act, 1971: To overcome the diff s1on,
icul ties resu ltin g from the Gol
decision the Parliament passed aknath's
the 24 th Con stit utio n Am end men ~ App
t Act, 1971.
~ It added a ~la use (4~ to ~ti de 13 which sha l
pro vide d tha t 'no thin g in this
Art icle sha ll app ly to any ame
ment of this Constttut.J.on mad e nd-
und er Article 368'. ~ Ch i
~ It_ amended Article 368 of the Con
stit utio n and pro vid ed tha t Par :> Re1
liam ent may in exe rcis e of its
St.J.tu_ent powe: ma~ ame nd, vary con -
or repeal any par t of the Con stit red
utio n. It also ma de ma nda tory
President to give his assent to the for the
Con stit utio nal Am end me nt Bill be
.
~ 24 th Con stitu
. tion al Am end men t not on
exten d ed its scope.
1Y rest ore d the am end mg . pow er of the Par liam ent but
also
:> o,
of
434
Samarth Agrawal Boo ks
~ !'
Th,co ·
..-,.. ya]idity of the 24 th Constituti "Sllt1ttion eflndiA I
I

:, JJ'e onal Amend I

"· srate ofKera/a (l 973). tnent was challenged in the case of Kesavananda Bhand
fhe Supreme Court in this case overruled Golak .
:, ,

iI1
th
tutional Amendment and observed th A . naib s case. The court upheld the validity of 24 Constl-
. · even pnor
Constitution · to 24,h Am dat rttcle 368 contained ·
the power and procedure to amend the
en ment.
.., The court however, said that Article 368 d
• .
oes not emoower t h e p ar1·iament to amend the Constitution
., so as to dama e or d estro the basic ,1
I'
structure of the C . .
.d Constitutional Amendment A onstttutlo .
:, 42 . ct, 1976: Ton IJ'fy th
and (5) were inserted to Article 3 68 b nd • u '. e effect of Keshvanand Bharti case clauses (4)
· y 42 ConS tltuttonal Amendment 1976
.,.., These clauses proVIded that amendm ento fth eCo t' . . ' ·
clause (4)] and there shall be no I' . . ns itutton WI 11 not be called in question in any court
[ imttatton on con t' .
the Constitution [clause (5)]. s ituent power of Parliament to amend any part of
-rred
, In Minerva Mills v. Union of I ndia (l 980)
Article 368 on the ground that it d . the Supreme Court struck down clauses (4) and (5) of
the . th b . eS t roys basic structure of the Constitution as limited amending
power 1s e asJC structure of the Constitution.
de
the :, Supreme Court in I.R. Coelho v. State ofT. .
.t t' fi A . · 'amil Nadu (2007) held that any law placed in 9th schedule
ent 0 fth.e C ons tl u 10n a ter
. pn 124 ' 1974• ou b e open to challenge in the court of law on the ground
w Id
that 1t destroys the basic structure of the Constituu· on.

ity
C..__ _ _ _ _ _ _ _c_o_N_sT_1_T...:U...:T~10=.:..:N.::A.:::L...:B::o::n::.:1~E~s_ _ _ _ _ _ _ _)
, d-
Election Commission [Article 324]
ns
I ~ Article 324 provides that superintendence. direction and control of the preparation of electoral rolls
ile
and the conduct of. all elections to the
~1
► Parliament;

it
► State Legislature;

r
i!
► President and Vice-President shall be vested in Election Commission.

Composition of Election Commission

~ Article 324(2) provides that the Election Commission shall consist of the Chief Election Commis-
sioner and such number of other Election Commissioners as the President may from time to time fix.

~ Appointment: Appointment of Chief Election Commissioner and other Election Commissioners

shall be by the President, subject to laws made hy the Parliament.
~ Chief Election Commissioner shall act as the Chairman of the Election Commission.
~ Removal: Chief Election Commissioner shall not be removed from his office except in the manner of
removal of Judge of a Supreme Court. Service conditions of Chief Election Commissioner shall not
be varied to his disadvantage after the appointment.
~ Other Election Commissioners or Regional Commissioners shall be removed on the recommendation
of Chief Election Commissioner.

Samarth Agrawal Books 435

 Tht Constt/1.111•on 0!Ir /ndut
. . {J\ rtic le 2so)
.. ' .
J11JtllS•~S~lO:;ll:..-,,.--
fjn an ce C O

~ Article 280 provides or f, con st1t ut1 on o

.
[Finance Commission .
.
.' . .
. ted by the order o f t he President.
p· nance eomm1ss1on shall be consutu ~ h CQnstitution
~ i from the commence m.eeno:tt;og:f[_t~e~Q!.!;==~ and thereaftc1
-. It shall be consututed thin two ears .d
. . as the Pres1 en t maY consider necessary,
., WI fif h ear or such earlier um e
.
after the ex irauon o f eve I t ff . nance Co mm iss ion .
. h ualifications oft h mb [Article
bylawde e me ers o. the I
f h
~ Parliament may eqt e r m . .1nA qua lifi cat ion s o t e Cb.au.
. nt d Finance Comm1ss10 ~ctn195 e1t wherein
280(2)) ParI1arn e has ena . cte Following are the qua lification .
s:-
d members are given. . d the fou r oth er memb
man an . ce in public affairs eu
h Id be having expene n an 'f c:tOl
~ The Chairman s ou a per son
should be selected from am gst the following: ~ m em b
on . be a ointed as on e. ~
d
(1) A JU ge o
f high court or one qualifi
. .
ed to PP ts of the go ver nm ent .
ent ers u I
erson who has specialised wled e of finance and acc
(2) A P kno oun . (l) In cj
g nd in adm ini str auo n.
h s wid e exp . fi cia l ma tter s a
erience ID man (2) In I
(3) A person whO a
4) A person who has spe ·a1 kn I dge of economics . ~

~
( c1 ow e .
h d b th p
~ !:&mposition: It shall con ,...J:lil!.:!lliill-arun1!dLJ!fo2]u,!.!r:...!o2.!tJ!5ce bers to
!...r;!m,,,e.,.m~~ be ap po int e y e resi-
sist of a ~ha1rman
dent. ~ M.e_rnb J
Duties of Finance Co mm res1glla
~ Article 280(3) provides tha
iss ion
t it sha 11 bet e u
h d ty of the Comm1ss . . to ma ke rec om me
10n nd ati on s to the ~ M.exno1
1
President 10 · f; II ·
the o owmg ma tters·-· ~ Pe rso d
The distribution of the net h d b tween the Ce ntr
proceeds of taxes to be s e an d the States, and ter rn a
(1) the allocation between are e d
the states of the respective
shares of suc h pro
(2) The principles that sho
Consolidated Fund ofl nd
uld govern the grants-m
ia) .
. .d t the states bycee s.
-at o
.
the Ce ntr e (i.e., ou t of
the -
Retnova,!_
:> .Articl
(3) The measures needed r dat
to augment t h e conso I ed fun d of a sta te to sup ple me nt the resour
:> Re ml
the panchayats and the mu ces of
nicipalities in the state on . fro ,
the basis of the rec om me
State Finance Commission nd ati on s ma de by the on 1
.
(4) Any other matter ref
erred to it by the Pre sid
ent in the int ere sts of sou
on st
nd .

1
:>
Public Service Co mm iss
ion me
~ Article 315 provides tha t the
re shall be a Pu bli c Ser
vice Co mm iss ion for (a)
Service Commission) and the Un ion (U nio n Pu
the Public Service Co mm blic
iss ion for eac h Sta te. (b)
Commission) (State Public Service
~ Joi nt Pu bli c Service Co
mm iss ion : If two or mo
(c)
Commission for tha t gro re States agree tha t the
re sha ll be on e Pu bli c
up of States and if the res Service
of bot h the States the n the olu tio n to tha t eff ect is
Pa rlia me nt ma y by law
pas sed by Sta te Le gis lat
ure s :> Su i
pro vid e for the ap po int
Service Co mm iss ion . [A me nt of a Jo int Sta te Pu
rticle 315(2)] bli c S10

Un ion Public Service Co

app rov al of the President
mm iss ion , if req ues ted
, agree to serve the nee
by the Go ve rno r of the
ds of all or an y of the
Sta te, an d ma y wi th
Sta tes .
the
~J
31]
436
Samarth Agrawal Books
 Tbecons.
and terms of th er-
·otlllent htutionoff,,d;,,
/.f'f'o1 . e o,uce
µtide 316 provides for the a .
, Ppointment and th
~ e terms of the office of the members
'[he Chairman and other m b
, . . h em ers of U .
CQrn_ffi.!illQ!l s all be appointed b th _nton Public Servi Co . . .
=-- . Y e President ce mm1mon or lomt Pubbc Service
'[he Chauman and other memb ·
, f h S ers of State p bl' .
Governor o t e tate. - · · shaII be appointed
u 1c Service Com m1SS1on by the
Nearly one-half of the member f
, d s o every Public S .
the offices un er the Government of Ind. erv1ce Commission shall be persons who have held
ta or Govern ment O f State for at least 10 years.
ferlll
~ mernber of Public Service Com m1ss1on · •
shall hold 0 ffi fi
, h . fifi .
enters upon ts o tee or until he attains:- tee or a penod of six years from the date he
(I) In case of Union Public Service Co • .
. mm1ss1on- the age of 65 years; and
• • or Joi t p bl' S •
(2) In case of State Public Service C 0 mm1ss1on . .
~rs. n u tc erv1ce Comm1ss1on- the age of 62
Presi.
_Resignation
~
, •
Member of Union Public Service Commi · or lomt . . . .
. . h P .d sston Public Servtce Comm1ss1on may tender his ,I '
resignation tot e rest ent.
the · to the Governor of the State.
'\ i
, Member of ==-=--"--"=~~~~~l!!!J[!Jll§.SS~l.QO!!D ·
State Public Service Comm· · may ten d er h'ts resignation \1 ;
1 L
, Person who holds .office · ·
. . as a member of Public Service Co mm1ss1on, · · of h'ts
sh a11 on th e expiration I :
;
and term of office, be mehg1ble for re-appointment.
Removal or suspension of a member of a Public Service Commission
the
, Article 317 provides for removal or suspension of a member of a Public Service Commission.
, Removal: Chairman or any other member of a Public Service Commission shall only be removed
of
from his office by the order of President on the ground of misbehavior after the Supreme Court has
e
on inquiry held in accordance with Article 145 reported that the Chairman or such other member ought
on such ground to be removed. [Article 317(1)]
, Article 317(3) provides that President may by order remove from the office the Chairman or the
members of Public Service Commission on the following grounds:-

(a) He is adjudged as insolvent;

C
(b) Engages during the term of his office in any paid employment outside the duties of his office;
(c) In the opinion of the President he is unfit to continue in office by reason of infirmity of mind or

body. . .
'"' · p bl' S
· ce Commission or Joint Public Semce Comm1s-
.
., Suspension: President (in case of Umon .u S ic •ervtCommission) th ffi th
may suspend from e o ice e
bl
sion) or Governor (in case of State Pu ic ervice . • · b · d by the
. . in respect of whom mqu1ry is emg ma e
Chairman or the member o f th e Commission th · t f the Supreme Court. [Article
.d h sed orders on e rece1p o
Supreme Court until the Prest ent as pas
317(2)]
- Samarth Agrawal Books
437
 'fO pf
(o) ~or ~i
The Conit1/#tion ofIndia

. 5 · Com mis sion

(e) 'fo l1l
Fun ctio ns of the Pu bl1c ervi effe c
o Art id• 32» l•Y, doW" <h• fu,cce . f Public Service eommus1ons.
oo" 0' _ • .
d ".,, m, o,u on• fo< ,h,a ppa
o Th• p,im "' func<ioo of p,,bloc mtm '"b
s,,vic< ,o
eom m•• 'on " con "
to the services of the Uni.on an d the services of the States.
. h St t s (if requested by two .
ore states to do so) in fram ing
o 1' ,h,11 ,!so bo ,h, du'Y,o ""'"' ' " . ' or m
hoch c,n did •«• pa• ••in g •P . l
and
.
operaong schemes of 1oint recruitm
ent for any services or w
"" qw hfi-
cations are required .
. . C • · n shall be con sult ed.
o Ap<rt &om it th• Artid• ,lro i•Y'
dowo th• "'" '" whoch th<
om m" "o
------
Mis cell ane ous · h d' t' s of service of me m ers
o A,r id• 318 p,ovid" <h• pow<< and
the staff of the Commission. · · ·
"' m•lre «gul,<oon•" "' t ' '°" ' ,on · b
h Id' f ffi by mem ber s of the Comm1s
:> Article 319 provides for
proh1b1t1ons as to o 1ng o o ices . s1o
. n on
ceasing to be such members.
(c)
National Commission for Sch
eduled Ca st~
(d)
, A,rid• 338 provides fo< .,,.b !i,h me
nt of !,l,<ion•l Com mis sion fo<
o Art kk 338 o,ign,Uy provided fo< Sch edu kd C" '"· (e) I
th• ,pp 0in une nt of• >9eci•l Off
ic« fo, Sch edu led C" '" ,nd (f) l
o Scheduled Tribes.
L,t« , th, 65th Coostitution•l Am end men t Act of 1990 pm vid ed
membo< N,t ion ,I Com mi• ion fot th< esta blis hm ent of a
fo< Scheduled C,st<S ,nd Sch multi-
edu led T,ibe s in th< pl,c <
of a sing\<
~
Special Officer for Scheduled Cas
tes and Scheduled Tribes.
Subsequently, the 89th Constitu
tional Am end men t Act of 200
Commission for Scheduled Cas 3 bifu rca ted the com bin ed Nat
tes and Scheduled Trib es into ion al
Commission fo~ Scheduled Cas two sep arat e bod ies, nam ely , Nat
tes [under Article 338) and Nat ion al
ion al Com mis sio n for Sch edu
led Tri bes
(under Article 338-A].

Composition
~ Artthicle 338 provides that the Com
mis sion consists of a Cha irpe
rso n. a Vic e-C hai r2e rso n and
o er members. thre e
~ They are appoint by the Pre -
and tenure of offied side
ce are also deter nt. bydwar ran t und er his han d

1
b h p d . . .
min e Y t e resi. den t. an seal. Th eu con d1t 1on s of serv ice
Fun ctio ns of the Com mis sio
n
:, Article .338(5) provides tha t it
sha ll be the dut y 0 f th e C omm1ss
. 1on
. ·-
( a) To investigate mo mto
the SCs and to and · r a mat ters rela ting to the c
evaluate the ir llwor kin . . ·
g; ons t1tu t1o nal and oth er leg
al saf egu ard s
for
(b) To inquire into specific com plai Wl
c To patticipate,nd advise on thnts . th respect to the dep riva tio f . gh
( ) t 1 I . n o n ts and ,afegua,d, of the
o eva uate the progress of the e p ,nn mg prnce,s of ,oci . SC.·
ir dev elo p d ere ~on om 1c dev elo pm ,
me nt un er the Un ion or ent of the SCs and
a Sta te·
438 '
Samarth Agrawal Bo oks
 ~ Coristi"'1 .
(d) To present to the Preside '"" oflndu,

working of those safegu:~:nnually and at such oth .

• er times as it may deem fit, reports upon the
(e) To ma ke recommendatio
lts . . ns as to th
effiecttve implementation f e measures
socio-economic d ° th ose safeguards thatd should be taken by the Union or a State for the
. eve1opment o f the SC . an other measures for the protection, welfare and
(f) To discharge such other fu . s; and
ncttons in r 1 .
ment o f the SCs. as th e p resident
. e atton
may specify.to the protection,
. welfare, development and advance-

powers of the Commission

;..---
, J\rticle 338(8) provides that the Co . . .
The Commission,
. . wh'tle mvestigatin
. mmission is vested . h
wit the power to regulate its own procedure .
. ·1 . . g any matter or i .. .
a c1v1 court trymg a suit and in parti l . nqumng mto any complaint, has all the powers of
cu ar m respect of the f,O 11 .
(a) Summoning and enforcin h owmg matters:
. on oath;
him g t e attendance of any person from any part of
India and examining

(b) Requiring the discovery and prod uctton

. of any document·
(c) Receiving evidence on affidavits· J
'
(d) Requisitioning any public record from any court or office·
(e) Issuing summons for the examination of w1' t nesses an d d'ocuments; and
(f) Any other matter which the President may determine.

National Commission for Scheduled Tribes

, Article 338A provides that there shall be a Commission for the Scheduled Tribes to be known as the
National Commission for Scheduled Tribes.

Composition
~ Article 338A provides that it consists of a Chairperson. a Vice-Chairperson and three other members.
' They are appointed by the President by warrant under his hand and seal. Their conditions of service
and tenure of office are also determined by the President.

Functions of the Commission

~ Article 338A(5) provides that it shall be the duty of the Commission:-
(a) To investigate and monitor all matters relating to the constitutional and other legal safeguards for

the STs and to evaluate their working;

(b) To inquire into specific complaints with respect to the deprivation of rights and safeguards of the

STs;
· · d d · the planning process of socio-economic development of the STs and
(C) To part1c1pate an a vise on .
eir development under the Umon or a State;
to eva1uate t h e progress o f th
·d ally and at such other times as it may deem fit, reports upon the
(d) T o present to the Pres1 ent, annu
working of those safeguards;

- Samarth Agrawal Books

439
 The Constitution ofIndia

(e) To make recommendations as to the measures that should be taken by the Union or a State for the
effective implementation of those safeguards and other measures for the protection, welfare and
socio-economic development of the STs; and
(f) To discharge such other functions in relation to the protection, welfare and development anct
advancement of the STs as the President may specify.

Powers of the Commission

:> Article: 338A(8) provides that the Commission is vested with the power to regulate its own procedure.
The Commission, while investigating any matter or inquiring into any complaint, has all the powers of
a civil court trying a suit and in particular in respect of the following matters:
(a) Summoning and enforcing the attendance of any person from any part of India and examining
him on oath;
(b) Requiring the discovery and production of any document;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record from any court or office;
(e) Issuing summons for the examination of witnesses and documents; and
(f) Any other matter which the President may determine.
:> The Central government and the state governments are required to consult the Commission on all
11 major policy matters affecting the STs.

National Commission for Backward Classes

:> Article 33~~ provides that there shall be a Commission for the socially and educationally backward
, .. classes of c1t1zens to be known as the National Commission for Backward Classes.
:> Article 338B was inserted by 102ml Constitutional Amendment, 2018.
Composition

:> Article 338B provides that Commission shall consist of a Ch . . . .

other members. atrperson, Vice-Chatrperson and three

:> The conditions of service and tenure of the office of the Chair . .
members so appointed shall be such th p 'd . person, V1ce-Chatrperson and other
F . as e res1 ent may by rule determine
unct10ns of the Commission .

~ Article 338B(5) provides that it shall be the duty 0 f th C . .

() r · • omm1ss1on--
e
a ho mvest1gate
.
. to th
and monitor all matters re latmg . . .
t e socially and educationally backward l d e constitutional and other legal safeguards for
b) T . c asses an to evaluate th .
( o mquire into specific c . . e1r working;
. l amp1amts with respect t h d .
soc1a ly and educationally backward classes· o t e epnvation of rights and safeguards of the

. ,proc
(c) To participate and advise on th e p 1annmg f .
an d ed ucatio II b kw ess o soc1o-eco . d
Un . S na y ac ard classes and to evaluate th noµuc evelopment of the socially
100 or a tate; e progress of their d eve1opment under the

440
Samarth Agra~al Books
 ~ eo,,,,;,., .
(d) To present to the President, tio,, of/~;.
.
orking of those sa£eguards;annually and at such other times
w as it may deem fit, reports upon the
To make recommendation s as to th
(e) · · l e rneasu
effective imp ementation of those f, res that should be taken by the Onion or a State for the
soc 1·o--economic d l sa
eve opment of the eguards
. and ot her measures for the protection, welfare and
socially and ed .
£) To discharge such other fu . . ucattonally backward classes; and
( nct1ons m relation t0
advancement of the socially and d . the protection, welfare and development and I
e ucationally backw d
of the Commission ar classes as the President may specify. 1, \,
pofVCCS ~ - -- ---.:..:: I I
~ c 338B(8) provides that the Co . . . \
, . . . mm1ssrnn is vested . h th
fhe Cornm1ss1on, while investigati wit e power to regulate its own procedure.
. ng any matter or i ·· • .
civil court t.rymg a suit and in p t· l . nqumng mto any complamt, has all the powers of
a . . ar ICU ar m res pect O f th e following matters:
(a) Summomng and enforcmg the attend ance of any • • .
him on oath; person c.irom any part of India and exammmg

(b) Requiring the discovery and produ cfion °f any document;

(c) Receiving evidence on affidavits;
au
(d) Requisitioning any public record fr om any court or office;
(e) Issuing summons for the examination of w1·t nesses an d documents; and

(Q Any other matter which the President may determine.

d ·
, The Central government and the state governments are requued · · on all
to consult the Comm1ss1on
major policy matters affecting the socially and educationally backward classes.

Comptroller and Auditor General of India

, Article 148 provides that there shall be a Comptroller and Auditor General of India. He shall be
appointed by the President by warrant under his hand and seal.

, He is the head of the Indian Audit and Accounts Department.

, He is the guardian of the public purse and controls the entire financial system of the country at the
Centre and the State levels.
~ Removal: He shall only be removed from his office in the like manner and on the like grounds as a
Judge of the Supreme Court is removed. [Article 148]
~ Oath: He shall make and subsc,ibe an oath or affirmation before the President or any other person
appointed in that behalf by him.
~ Tenure: He holds office for a period of six years or upto the age of 65 years. whichever is earlier.

~ Resignation: He can resign any time from his office by addressing the resignation letter to the P~esi-
:,

~-
441
Samarth Agrawal Books
 . 0-'India
1nt o,11 ,1,11111011 1
· le 149
]
A d"tor General O f India [J\tuc
Duties and powers of uoller and ~u I . d eJ!:erc ise an d such pow
ComP -
[In dia shall perform su ch duues an d
Th Comptroller and Au n oth er aut ho rity or bo y as ma
:> ditor General o nd of the y
ers e relation to the acco unts of the Union a .
States and of a y
de by the Parham en · t
10
scnbed bY or under anY law ma . .
be pre
th eom pro lle r an d the Auditor
General of Ind ia relati.ng to
h reports of e ll "db
:> Article 151 provides
that t e d who sha ca use the m to be lat eforc
itte
f the Umon sh,~alU.l}2:be!;,;s~u!! d to the Presi ent
the accounts o Jb!!!ml!!!~~= ---
eac h Ho use of the Parliament.
· · ·-·~ ,..r G el for Jo d"1a
~ ne~
. •-d,1;., c,e 1s a oin ted b the President.
tl .

.d Ge ner al for In ia.

:> Article 76 provi es for the office of ~A:tt~o;rn~e~y!.JQ~;_ru~tiru~» .

:e,
vygd~e~o!.f~S!!u~re:!m~e...,,Co p.t ti
b
ualified to e a ointed as a u =u,e,rc.>.t..,,_._f_.._l.,.n~d1~a,. ~
:> Qpalification: He
· l 76) must be a person .
tic e ~ .
[Ar the Pre
f sid ent . [Artic
:> Tenure: The Attorn h II h ld office duri.ng the Ieasure le 76(4)1
ey Genera I s a o ;,,
:> He is-the highest law ;,,
officer of the coun!!Y•
Duties of Attorney Ge ;,,
neral
. h Go ve rnm en t of Ind
:> It shall be the duty G ia up on suc h legal
of Attorney enera l to give advice to t e ho¾
matters, and to perform ma y be ass ign ed fro m . .
such other duties ofl ega tim e to tim e by ~
E,vc
l character as
the President. [Article 76( off
2)) .
~ He will also discharge the functio d h. b or un de r the Co
ns tit
. uti. on or an y oth er law
for
ns conferre on im y
the time being in force.
· [A
d rtic
· leh76(h2)}11 h
~ In the performance ofh1s the right of aud ien ce in
all co urt s in the ter rito
uues es a ave ry ofl nd ia.
(Article 76(3))
Ad vo ca te Ge ne ral fo
r th e St ate
:> Article 165 provides for
the office of the Advo
cate Ge ne ral for the
Sta te. He is ap po int ed
by the
~
Governor.
Q!Jalification: He mu st
be a person qu ali fie d to
~
be ap po int ed as a Jud
ge of Hi gh Co urt . lA
Te nu re: The Advocate rti cle 1651
General shall ho ld office
du rin g the ple asu re of
the Go ve rno r. lA rti cle
~ He is the highest law off 76(4)1
icer of the State.
Du tie s of Advocate Ge
ne ral
~ It shall be the du ty of
Advocate Ge ner al to giv
e ad vic e to the Go ve
matters, an d to pe rfo rm rn me nt of Sta te up on
suc h oth er du tie s of leg su ch leg al
al ch ara cte r as ma y be
the Governor. [Article ass 1gn ed fro m tim e to tim
16 5(2)) e by
~ He
h wil
· l also •discha
. rge the fun cti on s co nfe rre d on him by or
un de r the Const"t
t e tim e be mg m force.
[Article 165(2)] 10n or .l:\Y o ther law ror
1 ut"
c

442
Samarth Agrawal Book
s J
 \
UNns.a.n,, Cons,;,,.tion ofr,,dui
SERVICES

I..- - - - - - - - - '11111 uNION AANDiffl~:;-:=-==~---

[Part )Qy \,'
•.Article,~•- Tim ffATIS
Jtc:ct'!-'_::::i;;;;;tDl:;..en_t_an____::d_;co~n!!d!!iti~·o~
-::~~.=:.!~l....-------~~l:.,~
II1
- ns of Servi
, J\_rtidc 309 provides that sub' cc of rsons Servi 309
jslature may regulate:- Ject to the pro . .
. V1s1ons of h. n the Union or a State Article
► The recnutment:
. . and t is Constitution • Acts of the appropriate Leg-
► C on d 1t10ns of service of
p bl' . persons a .
~ u 1c services; and PP01nted to :-
~ Posts in connection with
. th f:
e a fairs of th
Tenure of office of e Union or of any Stat
crsons se . c.
j\rticlc 310 provides that rvin the Union or a Stat Ar . l
, b f:· except as ex c tic c 310
mem er o .- pressly provided bY this
. Constitut'
. 10
► A defence service; or n, every person who is a

► Of a civil service
. of the U nton;
. or
► Of an all-India service; or
► Holds any post connected w·th i defence or an · -1
holds office during the pleasu fth . Y civi post under the Union
re O e President
:, Every person
. who is a member of . . . ·
o ice unng t h e pleasure of the Ga civi1service of a. State or h olds af\¥ civil post under a State hold
ffi d overnor of the State. s
Dismissal, removal
. . or red uctton
. . rank of persons employed in civil
m
capactttes under the u nton
· or a State [Article 311]
, Article 311 provides that no person who is:-
► A member of a civil service of the Union; or
► An all-India service; or
► A civil service of a State; or
► Holds a civil post under the Union or a State
shall be dismissed or removed by an authority subordinate to that by which he was appointed.
~ No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry
in which he has been informed of the charges against him and given a reasonable opportunity of being

heard in respect of those charges.

~ Provided that this clause shall not apply:-
(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which h>s
led to his conviction on a criminal charge; or ·
· d to dismiss or remove a person or to reduce him in rank is satisfied
w ere t h e au th ontyempowere that authority in writing, 1t
. 1s
. not reasonably pract1ca
· ble to
(b) h
d d by
be
th at fior some reason, to recor e
hold such inquiry; or the case may be is satisfied that •m the ·interest of the
(c) where the President. or . the Governor, ashold such inquiry.
d' nt to . . '
security of the State 1t 1s not expe ie 443
Samarth Agrawal Books
 1]N Cc'"11t11tum oflnd1,1

All-India services (Article 312]

:> Article 3U prm;des that if the Ra,-.,.a Sabha ha~ ded.ued by re~olut1on supported by not less than tw
thirds of the members present and voting that ll is necc.~~ry or e.~pedient m the n,11ion,1I i n t e ~
do, Parliament may b, lav. provide for the creation ot one or more all India service~ (including .in al~
India judicial service) common to the Union ,md the States.
:> The scn;ccs known at the commencement of this Constitution as the Indian Administrative Service
and the Indian Police Sen;ce sh.ill be deemed to be services created by Parliament under this Ar~
:> The All-Indiajudia.aJ Sen"Ice sh.ill not include any post inferior to that of a District Judge as defined in
Article 236.

C .__ _ _ _ _ _ _ _ _ _
TRIBUNALS
__A._Arti_'d_es_3_23_A_-_323_B_)_ _ _ _ _ _ _ _ ___,.
[P_a_rt_XIV
J
:> Pan XIVA containing Arnclcs 323A and 323B was inserted by 42@ Constitutional Amendment 1976.
:> Article 323A provides that Parliament may, by law, provide for the adjudication or trial by admmistra.
tive tribunals of disputes and complaints with respect to recruitment and conditions of service cl'
persons appointed to public services and posts in connection with the affairs of the Union or of a;
State or of any local or other authority within the territory of India or under the control of the
Government of India or of any corporation owned or controlled by the Government.
:> Article 323B provides that the appropriate Legislature may, by law, provide for the adjudication or
trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters
specified in clause Article 323B(2) with respect to which such Legislature has power to malce laws.
:> Articles 323A and 323B provided for the exclusion of jurisdiction of all courts (except jurisdiction
under Article 136) of the matters mentioned in these Articles.
:> Supreme Court in L. Chandra Kumar v. Union of India, AIR 1997 SC 1125, held that exclusion of
jurisdiction of rourts is unronstitutional Judicial review is the basic structure of the Constitution and it
can never be excluded.

SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES

[Part XVI, Articles 330-342A]

:> Article 33D provides that seats shall be reserved in the House of the People for
(a) The Scheduled Castes;
(b) The Scheduled Tribes except the Scheduled Tribes in the autonomous districts of Assam; and
(c) The Scheduled Tribes in the autonomous districts of Assam.
:> Article 331 provides that notwithstanding anything in Article 81, the President may, if he is of opinion
that the Anglo-Indian community is not adequately represented in the Lok Sabha, nominate not more
than two members of that community to the Lok Sabha.
:> Article 33-2 provides that seats shall be reserved for the Scheduled Castes .ind the Scheduled Trib~
except the Scheduled Tribes in the autonomous districts ofAssam, in the Legisl~ "i"' Assembly of every
State.
:> Seats shall be reserved also for the autonomous districts in the Legislative Assembly of the Srate of Assam.

~4 Samarth Agrawal Books

 ~ Co.,,j,-,_ ...1
.., j\rtide 333 provides that no .
• . .
opimon t at
h h tw1thsta d'
t e Anglo-Ind.tan corn n tng an-1...
1,,.,,
. .,,
. d •Tmtng1n .. .....,.,_
and 1s not a equately rep re
sented the .
rnunity need ~--= 170. the Cota-
s repraen . ,
~ C!....-
- Ul•~~Q•
it:..

:; _A.rticle 335 provides that th . rein, !lQniliw, tatton IQ the Legillatift .AaanM,JdleStat,
k · e cla1rns 0 fth on, member ot th ~
sh all beta en mto conside . e rnernbeatcommYAllffgtJkAMm,\t,.
ak. f ration con 515 . rs of the Sch d I -
them mg o appointments ' . tently with th . e u ed Casta and the Schedw~ T 'bes
. . . to services and e ma1ntcnan Of--. . n
:; Nothmg m this article sh ll posts in connccti . cc HPCllQCJ ofadminiltgqpp,in
a prev · on wtth th ffi · of
Scheduled Castes and the S h ent tn rnaking of ea lln the Union or of' aSeate.
c eduled T ·b any provisio · fi
lowering the standards of e . rt es for relaxat' . n in avour of the memben of cite
. . va 1uatton fi ton tn qualifyin L. • •
services or posts m connect· . ' or reservation in g maru in any examination or
ton with h matters or p •
Note: Provisions relating to Natio al t e affairs of the Union or of r0Smtaot1on to any class or claua of
n Commiss . for a te.
National Commission _for Backward Cfassess ton Schtthtled Ots~ Natuma/ Com . .
aredeaftinthecha'P·'- ·''Con . . mmwnforSdwltJtdTrilJO,wJ
"'' <J.J Sttlutuma/ Bodits'
OFFICIAL LANGUAGE .
[Part XVII, Articles 343-351]
:; Article 343 provides the official l ·
. anguage of the Union sh 11 b ff d" .
:; The form of numerals to be used fi h . a e m t m Devanagari script.
. or t e official pu O f h .
ofln d1an numerals. rposes t e Umon shall_be the international form

:; For a period of fifteen years from th e commencement • • · of this Co . . th

continue to be used for all the official f . nstttut1on, e English language shall
purposes o the Umon for h" h. b . d. .
before such commencement. w tc it was emg use 1mmed1atcly

· of fifteen years of-

:; Parliament may by law provide for the use , afit er t h e sat·d penod
(a) The English language; or '
(b) The Devanagari form of numerals, for such purposes as may be specified in the law.
~ Article 345 provides that the Legislature of a State may by law adopt any one or more of the lan-
guages in use in the State or Hindi as the language or languages to be used for all or any of the official
purposes of that State.
~ Article 346 provides that the language for the time being authorised for use in the Union for official
purposes shall be the official language for communication between one State and another State and
between a State and the Union.
~ If two or more States agree that the Hindi language should be the official language for communication
between such States, that language may be used for such communication.
~ Article 348 provides that notwithstanding anything in the foregoing provisions of this Part, until Par-

liament by law otherwise provides:-

. . th S C rt and in every High Court;
(a) all proceedings m e upreme ou
·
• either H ouse of p arrta-
(b) the authoritative texts:-.

t
men or m
d

· the House or e1t er

.
:f
d ents thereto to be moved m
(t) of all Bills to be mtroduc~ hor Ha::e the Legislature of a State;
1
or the Legislature of a State and of all Ordinances promu .
(i.i) of all Acts passed by Parliament of a State· and
.d nt or the Governor , l
gated by th e P resl e l . ed under this Constitution or under any aw
. and bye-- aws 1ssu
(tii) of all orders, rules, regu 1auons. f State shall be in the English language.
h Legislature o a '
made by Parliament or t e 445
Agrawal Books
Saroar th
 77,e Constit11tion ofIndia
. the use/of the
. nt, authorise
~ The Governor of a State may, Wtt. h th e previou
. s consent of the Preside
fth S . d"mgs .Ill the
o th er Ianguage us ed ror any official purposes o e tate, m procce
c .
Hindi language, o r any
High Court having its principal seat in that State.

RIGH T TO PROPERTY '

(
.__ _ _ _ _ _ _ _ _ __!(Ar:.::_::ti:::cl:.e.:300-:.:..:A.:!J_ __
________ J.,.
44 Const itution al Amen dment , 1978 added 'Right to Proper
th ty' as a new Chapter IV in Part XII of the
:,
19(1Xf) and Article 31 were deleted.
Constitution . It has a single Article 300-A By this amendment Article ~ Theo
and placed it under the domain of
:> The amend ment removed right to property as a fundamental right A.rtid
1949,
cons_titutional right to be regulated by law.
Articl e 300-A provides that no person shall be deprived of
his proper ty save by the author ity of law.
:,
at, AIR 1995 SC 142, held that right
:, Supreme Court inJilu bhai Nanb hai Khach ar v. State of Gujar
itution .
to property under Article 300-A is not the basic feature of the Const

~ In K. T. Plant ation Pvt. Ltd. v. State of Karna

taka, AIR 2011 SC 3430, Supreme Court held that
inhere nt in Article 300-A
right to get compensation in case of deprivation of prope rty is

AR_T_1_c_L_E_3_1_0_ _ _ _ _ _ _ _ _ _ _ )
_
C..___ __ __ __ __ _
itution [except Article 1 and Article 370
:, Articl e 370 exempted Jamm u and Kashm ir from Indian Const de
itself] and permitted the State to draft its own Const itution .
It also restricted Parlia ment's legislative
What
n on Octob er 17. 1949.
powers in respect ofJ&K It w:1s includ ed in the Const itutio

:> The Indian Independence Act pro•:i !ed three option s to some
600 prince ly states whose sovereignty = ~
~
was restored by the Act. These were:-

(a) To remain an indepe ndent country,

= (j
(b) Join Domi nion oflnd ia, or

(c) Join Domi nion of Pakistan __

WhJ ,

ment of Acces sion (IoA).

~ This joinin g with either of the two countr ies was to be throu gh an Instru
to remai n indep enden t and sign standstill
~ Raja Hari Singh ofJam mu and Kashm ir had initial ly decide d
on from tribes men and Army men from
agreements with India and Pakistan. But follow ing an invasi
sta ion of Kashm ir to India.
Paki n, he sough t the help oflnd ia. India in turn sough t the access
er 26, 1947 and Gove rnor Gener al Lord
~ Raja Hari Singh signed the Instru ment of Acces sion on Octob
Moun tbatte n accepted it on Octob er 27, 1947.
· · l '
~ India regarded accession as purely tern porary an d provm ona , as stated in the Gove rnmen t of India s
White Paper on J&K in 1948.

446 Samarth Agrawal Books - -

 n.~
.,ere the terms included in the 1.. .a Eo
~ vn r KaalunlrJ
' fbe Schedule appended to the Instrument of Accaaioll II" PuH1mdt tfti ;,;,;tt
respect ofJ&K only on Defence, External Affairs and Communicgtlou.

' In J(ashmir's Instrument of Accession in Clause S, Raja Hari Singh, ruler olJ1cl(,apliddyllldaoadl
the terms of the Instrument Of Accemon· cannot be varied by any amendment a(·t. .a.. of
that wt n,g or
nd
Jndian Indepe en~e Act unless such amendment is accepted by Raja Hari Singh or byan Jn9U"llf)ICJII
supplementary to this Instrument.

, fbe original draft was given by the Government of J&K. Following modification and negotiations,
Article 306A (now 37o) was passed in the Constituent Assembly on May 27, 1949. On October 17,
1949, Article 37owas finally included in the Constitution by India's Constituent Assembly.

---
Can Article 370 be deleted?

, Yes, Article 370(3) permits deletion by a Presidential Order. Such an order, however, is to be preceded
by the concurrence of]&K's Constituent Assembly. Since such an Assembly was dissolved on January
26, 1957, one view is it cannot be deleted anymore. But the other view is that it can be done, but only
with the concurrence of the State Assembly.

What is Article 370's significance for the Indian Union?

, Article 370 itself mentions Article 1, which includes J&K in the list of States. Article 370 has been
described as a tunnel through which the Constitution is applied to J&K.

What is Article 35A?

, Article 35A stems from Article 370, having been introduced through a Presidential Order in 1954.
Article 35A is unique in the sense that it does not appear in the main body of the Con~titution -Article
35 is immediately followed by Article 36 - but comes up in Appendix I.
, It is a constitutional provision that allows the Jammu-Kashmir assembly to define permanent residents
of the state.

Why is it being challenged?

, Article 35A was not passed as per the amending process given in Article 368, but was inserted on the
recommendation ofJ&K's Constituent Assembly through a Presidential Order.

Changes made by recent legislative exercise

~ According to Article 370 as originally stood, recommendation of the Constituent Assembly of J&K
was required for the President to issue notification under Article 370(3) to repeal or modify it.
~ However, the President by order dated 5th August, 2019 [Constitution (Application to Jammu &
Kashmir) Order, 2019] made a change in Article 367 to state that 'Constituent Assembly' will read as
'Legislative Assembly of the State'.

Samarth Agrawal Books 447

 1
'l11t ConititNlio,r of/,rdiA

:> Since the Legislative Assembly of J&K was dissolved and the State was under Presidential rule since
November 2018, the recommendation of the Parliament has been treated as the recommendation of
Legislative Assembly by the President.
6
:> The President oflndia issued another order dated 06th August, 2019 in exercise of powers conferr,d
under Article 370(3) and 370(1) of the Constitution of India, on recommendation of the Parliament
and declared that all clauses ofArticle 370 shall cease to be operative except the one stat-ed in the ord,r.
:> The notification stated that all provisions of the Constitution, as amended from time to time, without
9
:>
:>
The Indiar
Chapter,
any modifications or exceptions, shall apply to the State of Jammu and Kashmir notwithstanding
Section 6
anything contrary contained in Article 152 or Article 308 or any other Article of the Constitution or any Act 193
other provision of the Constitution of Jammu and Kashmir or any law, document, judgment, ordi-
nance, order, by-law, rule, regulation, notification, custom or usage having the force of law in the
:>
territory of India, or any other instrument, treaty or agreement as envisaged under Article 363 or
:> Section
otherwise.
:> The Parliament has also passed theJammu and Kashmir Reorganization Act, 2019 to bifurcate the State
Chapters I
:>
into Union Territories ofJ&K and Ladakh.
Girish Chandra Mumiu was appointed as first Lieutenant Governor oflammu and Kashmir. ~apt«! j
~ Radha Krishna Mathur was been appointed as first Lieutenant Governor of Ladakh. Chapter nl
. ,, Chapter nl
♦♦♦ Chapter I

Chapter

Chapte11

Chapte1

Samarth Agrawal Books