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Course:
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HUMANITIES & SCIENCES DEPARTMENT

INDIAN CONSTITUTION
Mr.Pakalapati Amarnadh
Assistant Professor
UNIT-I
Evolution of the Indian Constitution: 1909 Act, 1919 Act and 1935
Act. Constituent Assembly: Composition and Functions; Fundamental
features of the Indian Constitution
UNIT-II
Union Government: Executive-President, Prime
Minister, Council of Minister
State Government: Executive: Governor, Chief
Minister, Council of Minister
Local Government: Panchayat Raj Institutions,
Urban Government
UNIT-III
Rights and Duties: Fundamental Rights, Directive principles,
Fundamental Duties

UNIT-IV
Relation between Federal and Provincial units: Union-State
relations, Administrative, legislative and Financial, Inter State
council, NITI Aayog, Finance Commission of India

UNIT-V
Statutory Institutions: Elections-Election Commission of India,
National Human Rights Commission, National Commission for
Women
Stanley College of Engineering And Technology For Women
Indian Constitution

UNIT:-1
Evolution of the Indian Constitution: -
THE CROWN RULE (1858–1947)
Government of India Act of 1858
Indian Councils Act of 1861, 1892 and 1909
Government of India Act of 1919
Historical Background
Government of India Act of 1935
The British came to India in 1600 as
Indian Independence Act of 1947
traders, in the form of East India
Company, which had the exclusive right of
But According to our syllabus there are only
trading in India under a
three Act’s
Charter granted by Queen Elizabeth I. In
They are:-
1765, the Company, which till now
1. Indian Councils Act of 1909.
had purely trading functions obtained the
2. Government of India Act of 1919
‘diwani’ (i.e., rights over revenue
3. Government of India Act of 1935
and civil justice) of Bengal, Bihar and
Let’s study a brief of each one.
Orissa. This started its career as a
Evolution of the Indian Constitution:
territorial power. In 1857-58, in the wake of
1909 Act, 1919 Act and 1935 Act.
the ‘sepoy mutiny’, the British
Crown assumed direct responsibility for the
1. Indian Councils Act of 1909:-
governance of India. This rule
Features of the Act of 1909
continued until India was granted
This Act is also known as Morley-Minto
independence on August 15, 1947.
Reforms (Lord Morley was the then
With Independence came the need of a
Secretary of State for India and Lord Minto
Constitution. As suggested by M N
was the then Viceroy of India).
Roy in 1934, a Constituent
1. It considerably increased the size of the
Assembly was formed for this purpose in
legislative councils, both Central
1946 and on January 26, 1950, the
and provincial. The number of members in
Constitution came into being. However,
the Central Legislative
various features of the Indian
Council was raised from 16 to 60. The
Constitution and polity have their roots in
number of members in the
the British rule. There are certain
provincial legislative councils was not
events in the British rule that laid down the
uniform.
legal framework for the
organisation and functioning of government
2. It enlarged the deliberative functions of
and administration in British India. These
the legislative councils at both the
events have greatly influenced our
levels. For example, members were
constitution and polity.
allowed to ask supplementary
questions, move resolutions on the budget,
They and so on.
are explained here in a chronological order: 3. It provided (for the first time) for the
THE COMPANY RULE (1773–1858) association of Indians with the
Regulating Act of 1773 executive Councils of the Viceroy and
Pitt’s India Act of 1784 Governors. Satyendra Prasad
Charter Act of 1833 Sinha became the first Indian to join the
Viceroy’s Executive Council.

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He was appointed as the law member. governor with the aid of ministers
4. It introduced a system of communal responsible to the legislative Council.
representation for Muslims by The reserved subjects, on the other hand,
accepting the concept of ‘separate were to be administered by the
electorate’. Under this, the Muslim governor and his executive council without
members were to be elected only by being responsible to the
Muslim voters. Thus, the Act legislative Council. This dual scheme of
‘legalised communalism’ and Lord Minto governance was known as
came to be known as the ‘dyarchy’—a term derived from the Greek
Father of Communal Electorate. word di-arche which means
double rule. However, this experiment was
5. It also provided for the separate largely unsuccessful.
representation of presidency corporations, 3. It introduced, for the first time,
chambers of commerce, universities and bicameralism and direct elections in the
zamindars. country. Thus, the Indian Legislative
Council was replaced by a
2.Government of India Act of 1919 bicameral legislature consisting of an Upper
On August 20, 1917, the British House (Council of State) and
Government declared, for the first time, that a Lower House (Legislative Assembly). The
its objective was the gradual introduction of majority of members of both
responsible government in the Houses were chosen by direct election.
India 4. It extended the principle of communal
The Government of India Act of 1919 was representation by providing
thus enacted, which came into separate electorates for Sikhs, Indian
force in 1921. This Act is also known as Christians, Anglo-Indians and
Montagu-Chelmsford Reforms Europeans.
5. It granted franchise to a limited number
Features of the Act of people on the basis of
1. It relaxed the central control over the property, tax or education.
provinces by demarcating and 6. It created a new office of the High
separating the central and provincial Commissioner for India in London and
subjects. The central and provincial transferred to him some of the functions
legislatures were authorised to make laws hitherto performed by the
on their respective list of Secretary of State for India.
subjects. However, the structure of 7. It provided for the establishment of a
government continued to be public service commission. Hence, a
centralised and unitary. Central Public Service Commission was set
2. It further divided the provincial subjects up in 1926 for recruiting civil
into two parts—transferred and servants.
reserved. The transferred subjects were 8. It provided for the appointment of a
to be administered by the statutory commission to inquire into
And report on its working after ten years of
its coming into force.
Simon Commission In November 1927

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Indian Constitution
the British Government announced the communal representation to the depressed
appointment a seven member classes and undertook fast unto
statutory commission under the death in Yeravada Jail (Poona) to get the
chairmanship of Sir John Simon to award modified. At last, there was
report on the condition of India under its an agreement between the leaders of the
new Constitution. All the members Congress and the depressed classes.
of the commission were British and hence, The agreement, known as Poona Pact,
all the parties boycotted the retained the Hindu joint electorate and
commission. The commission submitted its gave reserved seats to the depressed
report in 1930 and recommended classes.
the abolition of dyarchy, extension of
responsible government in the 3.Government of India Act of 1935
provinces, establishment of a federation of The Act marked a second milestone
British India and princely states, towards a completely responsible
continuation of communal electorate and so government in India. It was a lengthy and
on. To consider the proposals of detailed document having 321
the commission, the British Government Sections and 10 Schedules.
convened three round table
conferences of the representatives of the Features of the Act
British Government, British India 1. It provided for the establishment of an
and Indian princely states. On the basis of All-India Federation consisting of
these discussions, a ‘White Paper provinces and princely states as units. The
On Constitutional Reforms’ was prepared Act divided the powers
and submitted for the consideration between the Centre and units in terms of
of the Joint Select Committee of the British three lists—Federal List (for
Parliament. The Centre, with 59 items), Provincial List (for
recommendations of this committee were provinces, with 54 items) and
incorporated (with certain changes) the Concurrent List (for both, with 36 items).
In the next Government of India Act of Residuary powers were
1935. given to the Viceroy. However, the
federation never came into being as
Communal Award In August 1932, the princely states did not join it.
Ramsay MacDonald, the British Prime 2. It abolished dyarchy in the provinces and
Minister, announced a scheme of introduced ‘provincial
representation of the minorities, which autonomy’ in its place. The provinces were
came to be known as the Communal allowed to act as autonomous
Award. The award not only continued units of administration in their defined
separate electorates for the Muslims, Sikhs, spheres. Moreover, the Act
Indian Christians, Anglo-Indians introduced responsible governments in
and Europeans but also extended it to the provinces, that is, the governor
depressed classes (scheduled was required to act with the advice of
castes). Gandhiji was distressed over this ministers responsible to the
extension of the principle of provincial legislature. This came into effect
in 1937 and was discontinued
in 1939.

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Indian Constitution -
3. It provided for the adoption of dyarchy at Assembly was constituted on 9th December,
the Centre. Consequently, the 1946. The Constitution making body was
federal subjects were divided into reserved elected by the Provincial Legislative
subjects and transferred Assembly constituting of 389 members who
subjects. However, this provision of the Act included 93 from Princely States and 296
did not come into operation from British India.
at all. The seats to the British Indian provinces
4. It further extended the principle of and princely states were allotted in
communal representation by providing proportion of their respective population
separate electorates for depressed classes and were to be divided among Muslims,
(scheduled castes), women and Sikhs and rest of the communities. All
labour (workers). sections of the Indian society got
5. It abolished the Council of India, representation in the Constituent Assembly
established by the Government of India in spite of limited suffrage.
Act of 1858. The secretary of state for India
was provided with a team of The first meeting of the Constituent
advisors. Assembly took place on December 9,
6. It extended franchise. About 10 per cent 1946 at New Delhi with Dr Sachidanand
of the total population got the being elected as the interim President of
voting right. the Assembly. However, on December 11,
7. It provided for the establishment of a 1946, Dr. Rajendra Prasad was elected as
Reserve Bank of India to control the the President and H.C. Mukherjee as the
currency and credit of the country. Vice-President of the Constituent
8. It provided for the establishment of not Assembly.
only a Federal Public Service Functions of the Constituent Assembly
Commission but also a Provincial Public 1. Framing the Constitution.
Service Commission and Joint 2. Enacting laws and involved in the
Public Service Commission for two or more decision-making process.
provinces 3. It adopted the National flag on July 22,
9. It provided for the establishment of a 1947.
Federal Court, which was set up in 4. It accepted and approved India's
1937. membership of the British Commonwealth
in May 1949.
5. It elected Dr. Rajendra Prasad as the first
The Constituent Assembly of India President of India on January 24, 1950.
The Constituent Assembly of India was a 6. It adopted the National anthem on
sovereign body, which was formed on January 24, 1950.
the recommendations of the Cabinet 7. It adopted the National song on January
Mission which visited India in 1946 to 24, 1950.
draft a Constitution for the country. Objective Resolution
However, later on the Constituent The Objective Resolution was moved on
Assembly also faced certain criticisms December 13, 1946 by Pandit Jawaharlal
after its formation. Nehru, which provided the philosophy and
On the basis of the framework provided by guiding principles for framing the
the Cabinet Mission, a Constituent Constitution and later took the form of

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Preamble of the Constitution of India. This Dr. B.R. Ambedkar to prepare a Draft
Resolution was unanimously adopted by Constitution for India.
the Constituent Assembly on 22 January
1947.
The Resolution stated that the Constituent PREAMBLE
Assembly would firstly proclaim India as an
“We, THE PEOPLE OF INDIA, having solemnly
Independent Sovereign Republic which
resolved to constitute
includes all the territories, retaining as India into a SOVEREIGN SOCIALIST SECULAR
autonomous units and possess residuary DEMOCRATIC REPUBLIC and to secure to all its
powers; all the people of India shall be citizens:
guaranteed justice, equality of status, JUSTICE, Social, Economic and Political;
freedom of thought, expression, belief, faith, LIBERTY of thought, expression, belief, faith and
worship;
worship, vocation, association and subject
EQUALITY of status and of opportunity; and to
to law and public morality; adequate promote among them all;
safeguards shall be provided for minorities, FRATERNITY assuring the dignity of the individual
backward, depressed classes; the integrity and the unity
of the territories of the Republic and its and integrity of the Nation;
sovereign rights on land, sea and air and IN OUR CONSTITUENT ASSEMBLY this twenty-
thus India would contribute to the promotion sixth day of
November, 1949, do HEREBY ADOPT, ENACT
of world peace and the welfare of mankind.
AND GIVE TO OURSELVES THIS
Committees of the Constituent CONSTITUTION”.
Assembly
The Constituent Assembly appointed eight
major committees, which are mentioned
below:

1. Constitution Making Union Powers

Committee
2. Union Constitution Committee
3. Provincial Constitution Committee
4. Drafting Committee
5. Advisory Committee on Fundamental
rights and Minorities
6. Rules of Procedure Committee
7. States Committee
8. Jawaharlal Nehru Steering Committee
Among these eight major committees, the
most significant was the Drafting
Committee. On 29th August 1947, the
Constituent Assembly set up a Drafting
Committee under the chairmanship of

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UNIT-II
1. President
2. Prime Minister
3.Union Council of Ministers
Structure of Government of India
Union Government: The Government in India or the central or
Executive- the union government is divided into three
President, Prime main sections namely the
Minister, Council of executive, legislature and the judiciary
Minister shown as under. The responsibility of each
section of the government
UNION GOVERNMENT Parliament
The Parliament is the legislative organ of
the Union government. It
occupies a pre-eminent and central position
in the Indian democratic
political system due to adoption of the
parliamentary form of government,
also known as ‘Westminster’ model of
government1.
Articles 79 to 122 in Part V of the
Constitution deal with the organization,
composition, duration, officers, procedures,
privileges, powers and so on of
the Parliament.
. ORGANISATION OF PARLIAMENT
Under the Constitution, the Parliament of
India consists of three parts via, the
President, the Council of States and the
1. President House of the People. In 1954, the
2. Vice-President Hindi names ‘Rajya Sabha’ and ‘Lok Sabha’
3. Prime Minister were adopted by the Council of
4. Union Council of Ministers States and the House of People
5. Cabinet Committees respectively. The Rajya Sabha is the Upper
6. Parliament House (Second Chamber or House of
7. Parliamentary Committees Elders) and the Lok Sabha is the Lower
8. Parliamentary Forums House (First Chamber or Popular House).
9. Parliamentary Group The former represents the states
10. Supreme Court and union territories of the Indian Union,
11. Judicial Review while the latter represents the
12. Judicial Activism people of India as a whole.
13. Public Interest
1. President
Litigation

According to our syllabus we are having Articles 52 to 78 in Part V of the

only three topics Constitution deal with the Union
They are

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Indian Constitution -
executive. 2. Legislative powers
The Union executive consists of the Presi- 3. Financial powers
dent, the Vice-President, the 4. Judicial powers
Prime Minister, the council of ministers and 5. Diplomatic powers
the attorney general of India. 6. Military powers
The President is the head of the Indian 7. Emergency powers
State. He is the first citizen of India
and acts as the symbol of unity, integrity 2. Prime Minister
and solidarity of the nation In the scheme of parliamentary system of
ELECTION OF THE PRESIDENT government provided by the
The President is elected not directly by the constitution, the President is the nominal
people but by members of executive authority and Prime Minister is
electoral college consisting of: the real executive authority. In other words,
1. the elected members of both the Houses president is the head of the State while
of Parliament; Prime
2. the elected members of the legislative Minister is the head of the government.
assemblies of the states; and APPOINTMENT OF THE PRIME
3. the elected members of the legislative MINISTER
assemblies of the Union Territories The Constitution does not contain any
of Delhi and Puducherry specific procedure for the selection
Qualifications for Election as President and appointment of the Prime Minister.
A person to be eligible for election as Article 75 says only that the Prime
President should fulfill the following Minister shall be appointed by the
qualifications: president. However, this does not imply
1. He should be a citizen of India. that the president is free to appoint anyone
2. He should have completed 35 years of as the Prime Minister. In
age. accordance with the conventions of the
3. He should be qualified for election as a parliamentary system of government,
member of the Lok Sabha. the President has to appoint the leader of
4. He should not hold any office of profit the majority party in the Lok Sabha
under the Union government or as the Prime Minister.
any state government or any local authority POWERS AND FUNCTIONS OF THE
or any other public authority. PRIME MINISTER
A sitting President or Vice-President of the 1.In Relation to Council of Ministers.
Union, the Governor of any 2.In Relation to the President.
state and a minister of the Union or any 3. In Relation to Parliament.
state is not deemed to hold any 4. Other Powers & Functions. Union
office of profit and hence qualified as a Council of Ministers
presidential candidate As the Constitution of India provides for a
POWERS AND FUNCTIONS OF THE parliamentary system of
PRESIDENT Government modeled on the British pattern,
The powers enjoyed and the functions the council of ministers
performed by the President can be Headed by the prime minister is the
studied under the following heads. real executive authority is our politico
1. Executive powers administrative

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Indian Constitution -
system. A minister who is a member of one House
The principles of parliamentary system of of Parliament has the right to
government are not detailed in speak and to take part in the proceedings of
the Constitution, but two Articles (74 and the other House also, but he can
75) deal with them in a broad, vote only in the House of which he is a
sketchy and general manner. Article 74 member.
deals with the status of the council of
ministers while Article 75 deals with the RESPONSIBILITY OF MINISTERS
appointment, tenure, responsibility, 1. Collective Responsibility.
qualification, oath and salaries and 2. Individual Responsibility.
allowances of the ministers.
Article 74—Council of Ministers to aid ROLE OF CABINET
and advise 1. It is the highest decision-making authority
President in our politico-administrative
1. There shall be a Council of Ministers with system.
the Prime Minister at the head 2. It is the chief policy formulating body of
to aid and advise the President who shall, the Central government.
in the exercise of his functions, 3. It is the supreme executive authority of
act in accordance with such advice. the Central government.
However, the President may require 4. It is chief coordinator of Central
the Council of Ministers to reconsider such administration.
advice and the President shall 5. It is an advisory body to the president
Act in accordance with the advice tendered and its advice is binding on him.
after such reconsider-ration. 6. It is the chief crisis manager and thus
2. The advice tendered by Ministers to the deals with all emergency situations.
President shall not be inquired into in any 7. It deals with all major legislative
court. and financial matters.
APPOINTMENT OF MINISTERS 8. It exercises control over higher
The Prime Minister is appointed by the appointments like constitutional
President, while the other ministers authorities and senior secretariat
are appointed by the President on the administrators.
advice of the Prime Minister. This 9. It deals with all foreign policies and
means that the President can appoint only foreign affairs.
those persons as ministers who are
recommended by the Prime minister.
Usually, the members of Parliament, either STATE
Lok Sabha or Rajya Sabha, are GOVERNMENT:
appointed as ministers. A person who is not EXECUTIVE:
a member of either House of
GOVERNOR,
Parliament can also be appointed as a
minister. But, within six months, he CHIEF MINISTER,
must become a member (either by election COUNCIL OF
or by nomination) of either House MINISTERS
of Parliament, otherwise, he ceases to be a
minister.

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responsibility under Article 371H of the
State
Constitution with respect to law and order
State executive consists of Governor
and Council of Ministers with Chief and in discharge of his functions in relation
Minister as its head. Governor of a state thereto.
is appointed by the President for a term Chief Minister
of five years and holds office during his
pleasure. In the scheme of parliamentary system of
Executive government provided by the
GOVERNOR Constitution, the governor is the nominal
State executive consists of Governor and executive authority and the Chief Minister is
Council of Ministers with Chief Minister as the real executive authority. In other words,
its head. Governor of a state is appointed the governor is the head of the state while
by the President for a term of five years and the
holds office during his pleasure. Only Indian Chief Minister is the head of the
citizens above 35 years of age are eligible government. Thus the position of the Chief
for appointment to this office. Executive Minister at the state level is analogous to
power of the State is vested in Governor. the position of prime minister at the
Council of Ministers with Chief Minister as Centre.
head, aids and advises Governor in
exercise of his functions except in so far as APPOINTMENT OF CHIEF MINISTER
he is by or under the Constitution required The Constitution does not contain any
to exercise his functions or any of them in specific procedure for the selection
his discretion. Governor shall, after and appointment of the Chief Minister.
consulting Council of Ministers, exercise his Article 164 only says that the Chief
individual judgment as to the action to be Minister shall be appointed by the governor.
taken. These are, however, temporary However, this does not imply
provisions if President, on receipt of a that the governor is free to appoint any one
report from governor or otherwise is as the Chief Minister. In
satisfied that it is no longer necessary for accordance with the convections of the
Governor to have special responsibility with parliamentary system of government,
respect to law and order, he may so direct the governor has to appoint the leader of
by an order. All Governors while the majority party in the state
discharging such constitutional functions as legislative assembly as the Chief Minister.
appointment of Chief Minister of a state or But, when no party has a clear
sending a report to President about failure majority in the assembly, then the governor
of constitutional machinery in a state or in may exercise his personal
respect of matters relating to assent to a Bill discretion in the selection and appointment
passed by legislature, exercise their own of the Chief Minister. In such a
judgement. situation, the governor usually appoints the
leader of the largest party or
Nagaland, Governor has special coalition in the assembly as the Chief
Minister and ask him to seek a vote of
responsibility under Article 371A of the
Constitution with respect to law and order
Arunachal Pradesh, Governor has special

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confidence in the House within a month. appointed by the governor on the advice of
the chief minister. This means
POWERS AND FUNCTIONS OF CHIEF that the governor can appoint only those
MINISTER persons as ministers who are
recommended by the chief minister.
1. In Relation to Council of Ministers.
LEGISLATIVE ASSEMBLY
2. In Relation to the Governor. Legislative Assembly (Vidhan Sabha) of a
state consists of not more than 500 and not
3. In Relation to State Legislature. less than 60 members (Legislative
Assembly of Sikkim has 32 members vide
COUNCIL OF MINISTERS
Article 371F of the Constitution) chosen by
The Chief Minister is appointed by the
direct election from territorial constituencies
Governor who also appoints other ministers
in the state. Term of an assembly is five
on the advice of the Chief Minister. The
years unless it is dissolved earlier
Council of ministers is collectively
responsible to legislative assembly of the ------------------------------------------------------
State. LEGISLATURE For every state, ------------------------------------------------------
there is a legislature which consists of LOCAL SELF GOVERNMENT
Governor and one House or, two Houses
as the case may be. In Bihar, Jammu and Panchayati Raj & Municipalities
Kashmir, Karnataka, Maharashtra and Uttar Panchayati Raj
Pradesh, there are two Houses known as The term Panchayati Raj in India signifies
legislative council and legislative assembly. the system of rural local selfgovernment.
In remaining states, there is only one It has been established in all the states of
House known as legislative assembly. India by the Acts
Parliament may, by law, provide for of the state legislatures to build democracy
abolition of an existing legislative council or at the grass root level1. It is
for creation of one where it does not exist, if entrusted with rural development. It was
proposal is supported by a resolution of the constitutionalised through the 73rd&74th
legislative assembly concerned. Constitutional Amendment Act of 1992.
73rd AMENDMENT ACT OF 1992
Significance of the Act
Legislature of the Union which is called
This act has added a new Part-IX to the
Parliament , consists of President and two Constitution of India. This part is
Houses, known as Council of States (Rajya entitled as ‘The Panchayats’ and consists of
Sabha) and House of the People (Lok provisions from Articles 243 to
Sabha). Each House of Parliament has to 243 O. In addition, the act has also added a
meet within six months of its previous new Eleventh Schedule to the
sitting. A joint sitting of two Houses can be Constitution. This schedule contains 29
functional items of the panchayats. It
held in certain cases.
deals with Article 243-G.
APPOINTMENT OF MINISTERS The act has given a practical shape to
The chief minister is appointed by the Article 40 of the Constitution which
governor. The other ministers are says that, “The State shall take steps to
organize village panchayats and

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endow them with such powers and authority 74th AMENDMENT ACT OF 1992
as may be necessary to enable Significance of the Act
them to function as units of self- The municipal corporations and municipalities are fully
government.” This article forms a part of the representative bodies, while the notified area
Directive Principles of State Policy. committees and town area committees are either fully
The act gives a constitutional status to the or partially nominated bodies.
panchayati raj institutions. It has As per the Constitution of India, 74th
brought them under the purview of the Amendment Act of 1992, the latter two
justiciable part of the Constitution. In categories of towns are to be designated as
other words, the state governments are municipalities or nagar panchayats with
under constitutional obligation to elected bodies. Until the amendments in
adopt the new panchayati raj system in state municipal legislations, which were
accordance with the provisions of the mostly made in 1994, municipal authorities
act. Consequently, neither the formation of were organized on an ultra vires (beyond
panchayats nor the holding of the authority) basis and the state
elections at regular intervals depend on the governments were free to extend or control
will of the state government any the functional sphere through executive
more. decisions without an amendment to the
The provisions of the act can be grouped legislative provisions.
into two categories—compulsory
and voluntary. The compulsory (mandatory After the 74th Amendment was enacted
or obligatory) provisions of the there are only three categories of urban
act have to be included in the state laws local bodies:
creating the new panchayati raj
 Mahanagar Nigam (Municipal
system. The voluntary provisions, on the
Corporation)
other hand, may be included at the
discretion of the states. Thus the voluntary  Nagar Palika (Municipality)
provisions of the act ensures the  Nagar Pancha yat (Notified Area
right of the states to take local factors like Council or City Council)
geographical, politico– Among all urban local governments,
administrative and others, into municipal corporations enjoy a greater
consideration while adopting the new degree of fiscal autonomy and functions
panchayati raj system. although the specific fiscal and functional
The act is a significant landmark in the powers vary across the states, these local
evolution of grass root democratic governments have larger populations, a
institutions in the country. It transfers the more diversified economic base, and deal
representative democracy into with the state governments directly. On the
participatory democracy. It is a other hand, municipalities have less
revolutionary concept to build democracy at autonomy, smaller jurisdictions and have to
the grass root level in the country. deal with the state governments through the
Directorate of Municipalities or through the
collector of a district. These local bodies are
subject to detailed supervisory control and
guidance by the state governments.

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to discharge their functions and fulfil their
EVOLUTION OF responsibilities.
PANCHAYATI RAJ 8. A system should be evolved to effect
Balwant Rai Mehta Committee further devolution of authority in
In January 1957, the Government of India future. These recommendations of the
appointed a committee to examine committee were accepted by the National
the working of the Community Development Council in January 1958. The
Development Programme (1952) and the council did not insist on a single
National Extension Service (1953) and to rigid pattern and left it to the states to
suggest measures for their better evolve their own patterns suitable to
working. The chairman of this committee local conditions. But the basic principles
was Balwant Rai G Mehta. The and broad fundamentals should be
committee submitted its report in November identical throughout the country.
1957 and recommended the Rajasthan was the first state to establish
establishment of the scheme of ‘democratic Panchayati Raj. The scheme was
decentralisation’, which inaugurated by the prime minister on
ultimately came to be known as Panchayati October 2, 1959, in Nagaur district.
Raj. The specific Rajasthan was followed by Andhra
recommendations made by it are: Pradesh, which also adopted the system
1. Establishment of a three-tier panchayati in 1959. Thereafter, most of the states
raj system—gram panchayat at adopted the system.
the village level, panchayat samiti at the Though most of the states created
block level and zila parishad at panchayati raj institutions by mid 1960s,
the district level. These tiers should be there were differences from one state to
organically linked through adevice of another with regard to the number of
indirect elections. tiers, relative position of samiti and
2. The village panchayat should be parishad, their tenure, composition,
constituted with directly elected functions, finances and so on. For example,
representatives, whereas the panchayat Rajasthan adopted the three-tier
samiti and zila parishad should be system while Tamil Nadu adopted the two-
constituted with indirectly elected members. tier system. West Bengal, on the
3. All planning and development activities other hand, adopted the four-tier system.
should be entrusted to these Further, in the Rajasthan–Andhra
bodies. Pradesh pattern, panchayat samiti was
4. The panchayat samiti should be the powerful as the block was the unit of
executive body while the zila parishad planning and development, while
should be the advisory, coordinating and inMaharashtra–Gujarat pattern, zila
supervisory body. parishad was powerful as the district was
5. The district collector should be the the unit of planning and
chairman of the zila parishad. development. Some states also established
6. There should be a genuine transfer of nyaya panchayats, that is, judicial
power and responsibility to these panchayats to try petty civil and criminal
democratice bodies. cases.
7. Adequate resources should be
transferred to these bodies to enable them

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Stanley College of Engineering And Technology For Women
Indian Constitution -
Ashok Mehta Committee 9. The chief electoral officer of a state in
In December 1977, the Janata Government consultation with the chief election
appointed a committee on commissioner should organise and conduct
panchayati raj institutions under the the panchayati raj elections.
chairmanship of Ashok Mehta. It 10. Development functions should be
submitted its report in August 1978 and transferred to the zila parishad and all
made 132 recommendations to revive development staff should work under its
and strengthen the declining panchayati raj control and supervision.
system in the country. Its main 11. The voluntary agencies should play an
recommendations were: important role in mobilising the
1. The three-tier system of panchayati raj support of the people for panchayati raj.
should be replaced by the two-tier 12. A minister for panchayati raj should be
system, that is, zila parishad at the district appointed in the state council of
level, and below it, the mandal ministers to look after the affairs of the
panchayat consisting of a group of villages panchayati raj institutions.
with a total population of 13. Seats for SCs and STs should be
15,000 to 20,000. reserved on the basis of their population.
2. A district should be the first point for 14. A constitutional recognition should be
decentralisation under popular accorded to the Panchayati Raj
supervision below the state level. institutions. This would give them the
3. Zila parishad should be the executive requisite status (sanctity and
body and made responsible for stature) and an assurance of continuous
planning at the district level. functioning.
4. There should be an official participation Due to the collapse of the Janata
of political parties at all levels of Government before the completion of its
panchayat elections. term, no action could be taken on the
5. The panchayati raj institutions should recommendations of the Ashok Mehta
have compulsory powers of Committee at the central level. However,
taxation to mobilise their own financial the three states of Karnataka, West
resourses. Bengal and Andhra Pradesh took steps to
6. There should be a regular social audit by revitalise the panchayati raj,
a district level agency and by a keeping in view some of the
committee of legislators to check whether recommendations of the Ashok Mehta
the funds allotted for the Committee.
vulnerable social and economic groups are G V K Rao Committee
actually spent on them. The Committee to review the existing
7. The state government should not Administrative Arrangements for Rural
supersede the panchayati raj institutions. Development and Poverty Alleviation
In case of an imperative supersession, Programmes under the chairmanship
elections should be held within six of G.V.K. Rao was appointed by the
months from the date of supersession. Planning Commission in 1985. The
8. The nyaya panchayats should be kept as Committee came to conclusion that the
separate bodies from that of developmental process was gradually
development panchayats. They should be bureaucratised and divorced from the
presided over by a qualified judge. Panchayati Raj. This phenomena of

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Stanley College of Engineering And Technology For Women
Indian Constitution -
bureaucratisation of development and development. It is in this respect that
administration as against the the recommendation of the G.V.K.
democratisation weakened the Panchayati Rao Committee Report (1986) differed from
Raj institutions resulting in what is those of the Dantwala
aptly called as ‘grass without roots’. Hence, Committee Report on Block-Level Planning
the Committee made the (1978) and the Hanumantha Rao
following recommendations to strengthen Committee Report on District Planning
and revitalise the Panchayati Raj (1984). Both the committees have
system: suggested that the basic decentralised
(i) The district level body, that is, the Zila planning function should be done
Parishad should be of pivotal
importance in the scheme of democratic Local Self Government-Rural and Urban
decentralisation. It stated that “the Area
district is the proper unit for planning and The concept of local self-government is
development and the Zila known to Indian since ancient times. During
Parishad should become the principal body the vedic age, there existed village
for management of all assemblies known as ‘Sabha’ and ‘Samiti’.
development programmes which can be Gradually cities and Towns came into
handled at that level.” prominence. They also enjoyed greater
(ii) The Panchayati Raj institutions at the level of autonomy in administration as
district and lower levels should be witnessed during the Mauryan and Gupta
assigned an important role with respect to period.The system of local self government
planning, implementation and in its modern sense was revived during the
monitoring of rural development British period.In a democratic country
programmes. power is decentralized and shared at
(iii) Some of the planning functions at the different levels. Apart from the Central and
state level should be transferred to State Government, the administration at the
the district level planning units for effective local level is handled by the local
decentralized district government in urban as well as rural areas.
planning. The local Self-Government ensures
(iv) A post of District Development effective people’s participation and ensures
Commissioner should be created. He overall development. These small units of
should act as the chief executive officer of government enable people to feel a sense
the Zila Parishad and should be of responsibility and understand values of
in charge of all the development democracy. In India the Local Self
departments at the district level. Government is broadly classified into two
(v) Elections to the Panchayati Raj categories that is Rural and Urban. The
institutions should be held regularly. It Urban local bodies include Municipal
found that elections became overdue for Corporations, Municipal Councils and
one or more tiers in 11 states. Nagar Panchayat. The rural local bodies in
Thus the committee, in its scheme of corporate ZillaParishad, Panchayat Samiti
decentralised system of field and Gram Panchayat.
administration, assigned a leading role to We shall first study the Urban Local Self
the Panchayati Raj in local planning. Government in detail

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Indian Constitution -
THE URBAN LOCAL SELF obligatory and voluntary. Some of them are
GOVERNMENT listed as follows;
In urban areas a variety of local self- Obligatory Functions:
government institutions are found. They are Sanitation of hospitals, roads, maintenance
as follows; of drainage of city,
The Municipal Corporation: Water supply for public and private
This system was introduced by the purposes, Establishing hospitals, child and
Britishers first in Madras and then in maternity welfare centres,Providing street
Bombay and Calcutta . The current lights, cleaning of garbages from the city
structure of Municipal administration is roads, Registration of birth and death,
largely based on Lord Ripon’s reforms on Maintenance of bridges and public
local self-government introduced in buildings,Providing primary education by
1882.The 1992 Act brought uniformity in setting up schools,Naming of streets and
municipal bodies. The Municipal numbering of streets and houses,
Corporations were set up for highly Voluntary Functions:
urbanized areas, Municipal Councils for Constructing and maintaining public parks,
smaller urban areas and Nagar Panchayat gardens, libraries,museums, swimming
for areas in transition phase from rural to pools, recreation centers etc.,Providing
urban. The State legislature is empowered shelter to old, street children, destitute,
to make laws related to functioning and orphans etc.,
powers of the local government.The Survey of buildings, lands etc.
Municipal Corporation consists of the Municipal Council:
Council, where in representatives from 1.The smaller cities are looked after by
every ward are elected by the people Municipal Councils.When the cities grow in
known as Councilors for the term of five size of population it is transformed under
years. The Mayor and Deputy Mayor are the administration of Municipal
elected by the Councilors for a period of Corporations. The Council consists of;
two and half years. They enjoy great honor 2.The Council members are elected by the
in the city. Mayor is regarded as the first people for the term of five years.
citizen of the city. The MPs, MLAs are the 3President and Vice-President are elected
ex-officio members of the corporation. The by the members ofthe Council for the term
Chief Executive Officer is appointed of two and half years. The President is
through the Indian Administrative Services honoured as the first citizen of the town.
(IAS) known as the Municipal 4. Each Council has among its appointed
Commissioner. The entire administrative Staff, one Executive Officer and its
staff is also appointed by the State. The subordinate staff and nominated selected
corporation also nominates some selected citizens of the town.
citizens as its members. Functions of the Municipal Council:
Functions of the Municipal Corporation: The functions of the Municipal Council are
It includes wide variety of duties to be similar to that of Municipal Corporations
performed by the corporations to ensure which includes some obligatory
overall development of the city functionsand some voluntary functions. To
i.e.economic, social, health and sanitation, perform these functions various committees
infrastructure etc. The functions of are created, namely, Public Works
Municipal Corporations are classified as Committee,Education Committee,

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Indian Constitution -
Sanitation Committee, Water Supply people. Under the committee’s
Committee, Planning and Development recommendation a three tier system of local
Committee, Women and Child Welfare government was established which is as
Committee follows
Zilla Parishad: Panchayat Samiti:
It is a local government body at the district The Panchayat Samiti is formed at the
level. It looks after the administration of taluka level. Every Panchayat Samiti is
rural areas in a district. The members to the headed by the Chairperson. In the absence
Parishad are elected by the people for the of Chairperson, the Deputy Chairperson
term of five years.Some seats are reserved performs his functions.The Block
for SC, ST, OBC and women. The Development Officer (BDO) is the executive
President and Vice- President are elected head of the Panchayat Samiti. He is
for the term of two and half years. The appointed by the State government.
Chief Executive Officer is appointed by the Gram Panchayat:
State government through Indian It works at the village level. It is formed in a
Administrative Services.The main functions village which has minimum population or
of the Zilla Parishad include providing of else two or more villages are clubbed
facilities and initiating development together. Sarpanch is the head of the Gram
programmes for the rural people. It houses Panchayat. He supervises and implements
various committees like Finance, the resolutions passed by the Gram
Education, Health, Agriculture, Child Panchayat. In his absence Deputy
Welfare, Animal Husbandry, Public Sarpanch looks after the affairs of the
works,Water supply and irrigation etc. village.
The functions of the Gram Panchayat
includes looking after the basic amenities of
Nagar Panchayat: the village. Gramsevak is appointed by Zilla
The composition and functions of the Nagar Parishad to carry out the routine work of the
Panchyat are similar to Municipal Councils. Gram Panchayat.
Nagar Panchayats are established in those
rural areas to be soon transformed into
urban. Nagar Panchyat is formed according
to the 74th constitutional amendment.
The rural local self-government in India is
also described as ‘Panchayat Raj’. It was a
major step taken for the upliftment of rural
areas and to ensure rural development. On
the basis of Balwant Rai Mehta Committee,
Rajasthan was the first state to establish
Panchayat Raj in India.. There after entire
rural India came under this system. The
main aims of the Panchayat Raj system
was to promote social and economic
development of rural areas, to make
villages self-reliant and to provide with
political education and training to rural

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Stanley College of Engineering And Technology For Women
Indian Constitution 
-
Right against ex ploitation

UNIT-III 


Right to freedom of religion

Cultural and Educational Rights

Rights and Duties: Fundamental Rights,
Directive principles, Fundamental Duties  Right to Constitutional Remedies

Introduction to Fundamental Rights and

Duties  Part-III of the Indian constitution from
article 12 to 32, contains fundamental
During the period of 1947 to 1949, rights.
Constitution of India developed and  Part-III of the Indian constitution is
prescribed the fundamental obligations of the called corner stone of the constitution
State to its citizens and the duties and the and together with part-4 (directive
rights of the citizens towards the State under principles and state policy) constitutes
the following sections which constitute the the conscience of the Constitution.
vital elements of the constitution. This chapter of the Constitution has
been described as the Magna Carta
of India.
 Fundamental Rights
 Fundamental Rights are individual
 Directive Principles of State Policy rights are enforced against the
arbitrary invasion by the state except,
 Fundamental Duties in the case of Art. 15 (2), Article 17,
Article 18(3-4), Article 23 and Article
The Fundamental Rights 24 where these can be enforced
against private individuals also.
 FRS are not absolute rights and
These are the basic human rights of all Parliament could put reasonable
citizens, defined in Part III of the Constitution. restriction. The grounds for the
These are applicable irrespective of race, restriction may be the advancement of
place of birth, religion, caste, creed, SCs, STs, OBCs, women, and
or gender. They are enforceable by the children; general public order;
courts, subject to specific restrictions. decency, morality, sovereignty &
Following are some of the important rights of integrity of India; security of the state,
the citizens of India in accordance with the friendly relations with foreign states,
Constitution. etc.
 According to Article 12, ‘the state’
includes the
 Right to Equality
1. Government and Parliament of
 Right to freedom India.
2. Government and Legislature of
 Right Against Exploitation. States.
3. All local or state authorities such
as municipalities, panchayats,
district boards, improvement

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Stanley College of Engineering And Technology For Women
Indian Constitution -
trusts, etc . within the territory of equal protection of laws is a positive
India or under the control of concept.
Government of India.  The concept of equality before the
law is equivalent to the second
Classification of Fundamental rights element of the concept of the ‘rule of
law’ propounded by A.D. dicey, the
Originally Constitution provided for seven British jurist. But certain exceptions to
Fundamental Rights viz. it are, the president of India, state
governors, Public servants, Judges,
1. Right to equality (Article 14-18) Foreign diplomats, etc., who enjoy
2. Right to freedom (Article 19-22) immunities, protections, and special
3. Right against exploitation (Article 23- privileges.
24) Article 15 (Prohibition of discrimination
4. Right to freedom of religion (Articles on the grounds of religion, race, caste,
25-28) sex or place of birth):
5. Cultural & educational rights (Articles  Article 15 says that the state shall not
29-30) discriminate against only of religion,
6. RighttoProperty(Article31)(REMOVED race, sex, place of birth or any of
) them.
7. Right to constitutional remedies  Under Article 15 (3) & (4), the
(Article 32). government can make special
But, Right to property was removed from provisions for women & children and
the list of the Fundamental Rights by the for a group of citizens who are
44th Constitution Amendment Act, 1978 and economically and socially backward.
after amendment, it was made legal right Article 16 (Equality of opportunities in
under Article 300-A in part-12 of the matters of public employment):
Constitution.  Article 16 says that there shall be
At present there are only six Fundamental equality of opportunity for all citizens
rights, six fundamental rights are described in matters relating to employment or
below in brief. appointment to any office under the
state.
Right to Equality (Articles 14-18): Article 17 (Abolition of
Article 14 (Equality before law): Untouchability): Article 17 says
 Article 14 says that state shall not that Untouchability is abolished and its
deny to any person equality before practice in any form is forbidden. The
the law or the equal protection of the enforcement of any disability arising out of
laws within the territory of India. untouchability shall be an offense
 Art. 14 is available to any person punishable by law.
including legal persons viz. statutory
corporation, companies, etc.
 Art. 14 is taken from the concept of Article 18 (Abolition of titles):
equal protection of laws has been  Article 18 says that no title, not being
taken from the Constitution of USA. a military or academic distinction,
 The concept of the rule of law is a shall be conferred by the State. No
negative concept while the concept of

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Indian Constitution -
citizen of India shall accept any title Right to Freedom of Religion (Articles
from any foreign state. 25-28):
 The awards, Bharat Ratna, Padma
Vibhuhan, Padma Bhushan and Article 25 deals with freedom of
Padma Shri, called as The National conscience and free profession, practice,
Awards would not amount to title and propagation of religion.
within the meaning of Article 18(i). Article 26 deals with freedom to manage
 religious affairs.
Right to Freedom (Articles 19-22): Article 27 deals with freedom as to
Article 19 (Protection of certain rights payment of taxes for promotion of any
regarding freedom of speech, etc.): particular religion.
Article 19 says that all citizens shall have Article 28 deals with freedom as to
the right attendance at religious instructions or
1. to freedom of speech and expression. religious worship in certain educational
2. To assemble peacefully and without institutions.
arms.
3. To form associations or unions. Cultural and Educational Rights (Articles
4. To move freely throughout the 29-30):
territory of India.
5. To practice any profession or to carry
on any occupation, trade or business. Article 29 deals with the protection of
Article 20 (Protection in respect of language, script, and culture of minorities.
conviction for offenses): Article 30 deals with the right of minorities
Article 20 says that state can impose to establish and administer educational
reasonable restrictions on the groups of institutions.
security of the state, friendly relations with Right to Constitutional Remedies (Article
foreign states, public order, decency, 32):
morality, contempt of court, defamation, etc. Article 32 deals with the right to move to
Article 21 deals with Protection of life and the supreme court for the enforcement of
personal liberty. Fundamental Rights including the Writs of
Article 21A states that that state shall (i) Habeas corpus, (ii) Mandamus, (iii)
provide free and compulsory education to Prohibition, (iv) Certiorari and (iv) Quo
all children of the age of 6-14 years. warranto.
Article 22 deals with protection against Right to Privacy:
 Right to privacy is an intrinsic part
arrest and detention in certain cases.
of Article 21 that protects life and
liberty of the citizens.
Right Against Exploitation (Articles 23-  The ruling has implications for the
24): government’s vast biometric ID
scheme, covering access to benefits,
Article 23 deals with the prohibition of bank accounts and payment of taxes.
traffic in human beings and forced labor.  Rights groups are concerned personal
Article 24 deals with prohibition of data could be misused. The
employment of children in factories, etc. authorities want registration to be
compulsory.

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Indian Constitution -
46 Promotion of educational and economic
Directive Principles of State Policy interests of Scheduled Castes, Scheduled
The Directive Principles of State Policy are Tribes and other weaker sections
enumerated in Part IV of the 47 Duty of the State to raise the level of
Constitution from Articles 36 to 51 nutrition and the standard of living and to
The framers of the Constitution improve public health.
borrowed this idea from the Irish 48 Organisation of agriculture and animal
Constitution of 1937, which had copied it husbandry.
from the Spanish Constitution. Dr B R 48A. Protection and improvement of
Ambedkar described these principles environment and safeguarding of forests
as ‘novel features’ of the Indian and wild life.
Constitution. The Directive Principles along 49 Protection of monuments and places
with the Fundamental Rights contain the and objects of national importance.
philosophy of the Constitution and 50 Separation of judiciary from executive.
is the soul of the Constitution. Granville 51 Promotion of international peace and
Austin has described the Directive security.
Principles and the Fundamental Rights as Fundamental Duties:-
the ‘Conscience of the Though the rights and duties of the citizens
Constitution’ are correlative and
inseparable, the original constitution
Part IV : Directive Principles of State contained only the fundamental
Policy (Article 36 – 51) rights and not the fundamental duties. In
36 Definition. other words, the framers of the
37 Application of the principles contained in Constitution did not feel it necessary to
this Part. incorporate the fundamental duties of
38 State to secure a social order for the the citizens in the Constitution. However,
promotion of welfare of the people. they incorporated the duties of the
39 Certain principles of policy to be State in the Constitution in the form of
followed by the State. Directive Principles of State Polity.
39A. Equal justice and free legal aid. Later in 1976, the fundamental duties of
40 Organisation of village panchayats. citizens were added in the
41 Right to work, to education and to public Constitution. In 2002, one more
assistance in certain cases. Fundamental Duty was added.
42 Provision for just and humane conditions The Fundamental Duties in the Indian
of work and maternity relief. Constitution are inspired by the
43 Living wage, etc., for workers. Constitution of erstwhile USSR. Notably,
43A. Participation of workers in none of the Constitutions of major
management of industries. democratic countries like USA, Canada,
44 Uniform civil code for the citizens. France, Germany, Australia and so
45 Provision for free and compulsory on specifically contain a list of duties of
education for children. citizens. Japanese Constitution is,
perhaps, the only democratic Constitution in
world which contains a list of

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Indian Constitution -
duties of citizens. The socialist countries, Act (1976) included ten Fundamental
on the contrary, gave equal Duties.
importance to the fundamental rights and
duties of their citizens. Hence, the Interestingly, certain recommendations of
Constitution of erstwhile USSR declared the Committee were not
that the citizen’s exercise of their accepted by the Congress Party and hence,
rights and freedoms was inseparable from not incorporated in the
the performance of their duties and Constitution. These include:
obligations. 1. The Parliament may provide for the
SWARAN SINGH COMMITTEE imposition of such penalty or
RECOMMENDATIONS punishment as may be considered
In 1976, the Congress Party set up the appropriate for any non-compliance
Sardar Swaran Singh Committee to make with or refusal to observe any of the duties.
recommendations about fundamental 2. No law imposing such penalty or
duties, the need and necessity of punishment shall be called in question
which was felt during the operation of the in any court on the ground of infringement
internal emergency (1975–1977). of any of Fundamental Rights
The committee recommended the inclusion or on the ground of repugnancy to any
of a separate chapter on other provision of the Constitution.
fundamental duties in the Constitution. It 3. Duty to pay taxes should also be a
stressed that the citizens should Fundamental Duty of the citizens.
become conscious that in addition to the Part IVA : Fundamental Duties (Article
enjoyment of rights, they also have 51A)
certain duties to perform as well. The 51A Fundamental duties.
Congress Government at Centre It shall be the duty of every citizens of India
accepted these recommendations and (a) To abide by the Constitution and respect its
enacted the 42nd Constitutional ideals and institutions, the National Flag and the
National Anthem;
Amendment Act in 1976. This amendment
added a new part, namely, Part (b) To cherish and follow the noble ideals which
inspired our national struggle for freedom;
IVA to the Constitution. This new part (c) To uphold and protect the sovereignty, unity
consists of only one Article, that is, and integrity of India;
Article 51A which for the first time specified (d) To defend the country and render national
a code of ten fundamental service when called upon to do so;
duties of the citizens. The ruling Congress (e) To promote harmony and the spirit of common
party declared the non-inclusion of brotherhood amongst all the people of India transcending
religious, linguistic and regional or sectional diversities;
fundamental duties in the Constitution as a (f) To renounce practices derogatory to the dignity of women.
historical mistake and claimed (g)To value and preserve the rich heritage of our composite
that what the framers of the Constitution culture;
failed to do was being done now. (h) To protect and improve the natural environment including
Though the Swaran Singh Committee forests, lakes,rivers and wild life, and to have compassion
for living creatures;
suggested the incorporation of eight
(i) To develop the scientific temper, humanism and the spirit
Fundamental Duties in the Constitution, the of inquiry and reform;
42nd Constitutional Amendment (j) To safeguard public property and to abjure violence;
to strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher
levels of endeavor and achievement

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Indian Constitution

UNIT-IV
 At present, there are 100 subjects in the
Union list which includes subjects such as
foreign affairs, defence, railway, postal
services, banking, atomic energy,
RELATION BETWEEN FEDERAL communication, currency etc.
AND PROVINCIAL UNITS: UNION-  At present, there are 61 subjects in the
STATE RELATIONS, State list. The list includes subjects such as
ADMINISTRATIVE, LEGISLATIVE police, public order, roadways, health,
agriculture, local government, drinking
AND FINANCIAL, INTER STATE
water facilities, sanitation etc.
COUNCIL, NITI AAYOG, FINANCE  At present, there are 52 subjects in the
COMMISSION OF INDIA……… concurrent list. The list includes subjects
such as education, forests, protection of
Union-State Relations / Centre-State wild animals and birds, electricity, labour
Relations welfare, criminal law and procedure, civil
India is a union of states. The procedure, population control and family
planning, drugs etc.
constitution of India has divided the
Article 245 empowers the centre to give
legislative, executive and financial directions to the states in certain cases in
powers between the centre and the regards to the exercise of their executive
states, which gives the constitution a powers.
federal character whereas judiciary is
integrated in a hierarchical structure. Article 249 empowers the parliament to
legislate with respect to a matter in the
The centre-state relations are divided into State List in the national interest.
three parts, which are mentioned below:
Under Article 250, the parliament becomes
(A) Legislative Relations (Article 245-255) empowered to make laws on the matters
(B) Administrative Relations (Article 256- related to state list when national
263) emergency (under Article 352) is in
(C) Financial Relations (Article 268-293) operation.
Legislative Relations
Articles 245 to 255 in Part XI deals with Under Article 252, the parliament is
different aspects of legislative relations empowered to legislate for two or more
between centre and states. These include: States by their consent.
(1) Territorial jurisdiction of laws made by Administrative Relations
the Parliament and by the Legislatures of Article 256 to 263 deals with the
States. administrative relations between the centre
(2) Distribution of legislative subjects and the states. Article 256 states that "the
(3) Power of parliament to legislate with executive power of every State shall be so exercised
respect to a matter in the State List as to ensure compliance with the laws made by the
parliament and any existing laws which apply in that
of

the states. The legislative subjects are

divided into List I (the Union List), List II State, and the executive power of the Union shall
(the extend to the giving of such directions to a State as
Concurrent List) and List III (the State List). may appear to the Government of India to be
necessary for that purpose".

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Indian Constitution -
guidelines for the appointment of Chief Ministers,
Sarkaria Commission:- so that there was some sort of regulation on the
discretionary power of the Governor.
Sarkaria Commission was set up in 1983 by the
central government of India. The Sarkaria It said that a pre-poll alliance must be treated as
Commission's charter was to examine the one political party, and laid down the order of
central-state relationship on various portfolios precedence that the Governor must follow in case
and suggest changes within the framework of a hung House:
of Constitution of India. The Commission was
1) Group with the largest pre-poll alliance
so named as it was headed by Justice Ranjit
commanding the largest number;
Singh Sarkaria (Chairman of the commission)
The Commission, which dealt with the role of 2) Single largest party with support of others;
Governors, suggested that in choosing a Chief
Minister, the Governor should be guided by the 3) Post-electoral coalition with all parties joining the
following principles: government;

*The party or combination of parties that 4) Post-electoral alliance with some parties joining
command the widest support in the Legislative the government, and the remaining, including
Assembly should be called to form the Independents, supporting from outside.
government. Cooperation Between the Centre and the
* The Governor’s task is to see that a States
government is formed — and not to try to form a The constitution lays down various provisions
government that will pursue policies that he to secure cooperation and coordination
approves. between the centre and the states. These
include:
* If no party has a majority, the Governor has to (i) Article 261 states that "Full faith and credit
invite: a) a pre-poll alliance, b) the largest single shall be given throughout the territory of India
party that is able to gain majority support, c) a to public acts, records and judicial
post-election coalition that has the required proceedings of the Union and of every State".
members, d) a post-election coalition in which (ii) According to Article 262, the parliament
partners are willing to extend outside support. may by law provide for the adjudication of
The Commission recommended that the Chief any dispute or complaint with respect to the
use, distribution or control of the waters of, or
Minister must seek a vote of confidence in the
Assembly within 30 days of taking over. It also in, any inter-State river or river valley.
(iii) Article 263 empowers the President to
said the Governor should not risk determining
establish an inter-State Council to inquire
the issue of majority support outside the
into and advise upon disputes between
Assembly, and that the prudent course would be
states, to investigate and discuss subjects in
to have the claims tested on the floor of the
which some or all of the States, or the Union
House.
and one or more of the States, have a
Punchhi Commission:- common interest.
(iv) As per Article 307, Parliament may by law
A Commission headed by former Chief Justice appoint such authority as it considers
of India M M Punchhi was set up in April 2007 to appropriate for carrying out the purposes of
take a fresh look at the roles and responsibilities the constitutional provisions related to the
of governments at various levels, and the inter-state freedom of trade and commerce.
relations between them. The Commission
recommended that there should be clear

23
Centre-State Relations during
Emergency However, in case of tax revenue
(i) During a national emergency (under distribution,
Article 352), the state government become  article 268 states that duties are levied by
subordinate to the central government. All the Union but are collected and
the executive functions of the state come appropriated by the States;
under the control of the union government.  Service tax levied by Union and collected
During a state emergency (under Article and appropriated by the Union and the
356), the president can assume to States (Article 268-A);
himself all or any of the functions of the  Taxes levied and collected by the Union but
Government of the State and all or any assigned to the States (Article 269);
of the powers vested in or exercisable  Taxes levied and collected by the Union but
by the Governor or authority in the State distributed between the Union and the States
other than the Legislature of the State. (Article 270).
(ii) During the operation of financial  Surcharge on certain duties and taxes for
emergency (under Article 360), the purposes of the Union (Article 271) Under
Union may give directions to any State Article 275, the parliament is authorized to
to observe such canons of financial provide grants-in-aid to any
propriety as may be specified in the state as parliament may determine to be in
directions, and to the giving of such need of assistance, and different sums may
other directions as the President may be fixed for different States. Under Article 282,
deem necessary and adequate for the the union or a state may make any grants for
purpose. any public purpose, notwithstanding that the
purpose is not one with respect to which
Financial Relations Parliament or the Legislature of the State, as
The Constitution deals with the centre- the case may be, may make laws
state financial relations in Article 268- Under Article 352, during the operation of
293 of Part XII. national emergency, the distribution of
Allocation of taxing powers revenues between the centre and the states
The Constitution has provided the union can be altered by the president.
government and the state governments Under Article 360, during the financial
with the independent sources of revenue. emergency, the executive authority of the
It allocates the powers to centre and the Union shall give directions to any State to
states in the following way: observe such canons of financial propriety as
(i) The parliament has exclusive power may be specified in the directions and to the
to levy taxes on the subjects mentioned give the directions as the President may deem
in the Union List. necessary and adequate for the purpose. The
(ii) The state legislatures has important recommendations of the first
exclusive power to levy taxes on the administrative reforms
subjects mentioned in the
State List
(iii) Both the parliament and the state
legislature are empowered to levy taxes
on the subjects mentioned in the
Concurrent List.
(iv) The parliament has exclusive power
to levy taxes on the matters related to
the residuary subjects.

24
 Stanley College of Engineering And Technology For Women
Indian Constitution -
commission related to the centre-state
relations are: NITI Aayog The NITI
Establishment of an Inter-state council Aayog abbreviation for National
under Article 263 Institution for Transforming India is a
1. Decentralization of powers to the states as policy think tank of the Government
much as possible
of India, established with the aim to
2. More transfer of financial resources to the
achieve Sustainable Development
states
Goals and to enhance cooperative
3. Arrangements for devolution in such a way
that the states can fulfil their obligations federalism by fostering the
4.Advancement of loans to states should be involvement of State Governments of
related to as ‘the productive principle’. India in the economic policy-making
5. Deployment of central armed forces in the process using a bottom-up approach.
states either on their request or otherwise Its initiatives include "15 year road
During state emergency, under Article 356,
map", "7-year vision, strategy and
President's Rule can be imposed in event of
action plan", AMRUT, Digital India, Atal
the failure of constitutional machinery in a
state. Innovation Mission, Medical Education
Reform, agriculture reforms (Model Land
Inter-State Council Leasing Law, Reforms of the Agricultural
Under Article 263 Inter-State Councils
Produce Marketing Committee Act,
are established to facilitate coordination
Agricultural Marketing and Farmer
between States. The President of India
in exercise of the powers under Article Friendly Reforms Index for ranking
263 has constituted the Inter-State states), Indices Measuring States’
Council on May28, 1990. The following Performance in Health,
are the duties of the body: Education and Water Management,
Sub-Group of Chief Ministers on
 Investigation and discussion of Rationalization of Centrally Sponsored
the subjects which are of Schemes, Sub-Group of Chief Ministers
common interest on Swachh Bharat Abhiyan, Sub-Group
of Chief Ministers on Skill Development,
 Make suggestions for better
Task Forces on Agriculture and op of
co- ordination of policy and
Poverty, and Transforming India Lecture
actions on such subjects Series.
 Deliberate on matters of
It was established in 2015, by the
general interest to the States
NDA government, to replace
referred by the Chairman to the Planning Commission which followed a
the Council. top-down model.

25
Stanley College of Engineering And Technology For Women
Indian Constitution -
Thalapathy council are all the state Chief national interest, and thereby fosters
Ministers, along with the Chief Ministers Cooperative Federalism.
of Delhi and Puducherry, the Lieutenant
Governor of Andaman and Nicobar, and a On 7 June 2018, the Prime Minister
vice chairman nominated by the Prime approved the reconstitution of NITI Aayog
Minister. In addition, temporary members to include Ex-officio members and special
are selected from leading universities and
research institutions. These members invitees.
include a chief executive officer, four ex- PRESENT COMPOSITION OF NITI
official members and two part-time
AAYOG:
members.
I. Chairperson – Shri Narendra Modi,
The National Institution for Transforming
Prime Minister
India, also called NITI Aayog, was formed
II. Vice Chairperson – Shri Rajiv
via a resolution of the Union Cabinet on
Kumar
January 1, 2015. NITI Aayog is the premier
III. Full – Time Members-
policy ‘Think Tank’ of the Government of
1.Dr. V K Saraswat
India, providing both directional and policy
2.Prof. Ramesh Chand
inputs. While designing strategic and long
3.Dr. Vinod Kumar Paul
term policies and programmes for the
Government of India, NITI Aayog also
provides relevant technical advice to the IV. Ex-Officio Members-

Centre and States. i. Minister of Home Affairs –

The Governing Council of NITI, with The Shri Amit Shah

Prime Minister as its Chairman, ii. Minister of Finance; and

Minister of Corporate Affairs
comprises Chief Ministers of all States
– Smt. Nirmala Sitharaman
and Lt. Governors of Union Territories
(UTs). iii. Minister of Railways; and
Minister of Commerce and
The Government of India, in keeping with
Industry – Shri Piyush Goyal
its reform agenda, constituted the NITI
iv. Minister of Agriculture and
Aayog to replace the Planning
Farmers Welfare; Minister of
Commission instituted in 1950. This was
Rural Development; and
done in order to better serve the needs
Minister of Panchayati Raj –
and aspirations of the people of India. An
Shri Narendra Singh Tomar
important evolutionary change from the
v. Minister of State (Planning)
past, NITI Aayog acts as the
– Shri Rao Inderjit Singh
quintessential platform of the Government
of India to bring States to act together in

26
Stanley College of Engineering And Technology For Women
Indian Constitution -
Special Invitees- Finance Commission
vi. Minister of Road Transport Article 280 of the Constitution of India
provides for a Finance
and Highways; and Minister
Commission as a quasi judicial body. It is
of Micro, Small and Medium constituted by the president
Enterprises – Shri Nitin of India every fifth year or at such earlier
time as he considers necessary.
Jairam Gadkari
COMPOSITION
vii. Minister of Social Justice The Finance Commission consists of a
and Empowerment – Shri chairman and four other members to
be appointed by the president. They hold
Thaawar Chand Gehlot
office for such period as specified
viii. Minister of Women and by the president in his order. They are
Child Development; and eligible for reappointment.
The Constitution authorises the Parliament
Minister of Textiles – Smt. to determine the qualifications
Smriti Zubin Irani of members of the commission and the
manner in which they should be
selected. Accordingly, the Parliament has
specified the qualifications of the
chairman and members of the
commission1. The chairman should be a
person
having experience in public affairs and the
four other members should be
selected from amongst the following:
1. A judge of high court or one qualified to
be appointed as one.
2. A person who has specialised knowledge
of finance and accounts of the
government.
3. A person who has wide experience in
financial matters and in
administration.
4. A person who has special knowledge of
economics.
FUNCTIONS
The Finance Commission is required to
make recommendations to the
president of India on the following matters:
1. The distribution of the net proceeds of
taxes to be shared between the
Centre and the states, and the allocation
between the states of the
respective shares of such proceeds.

27
 Stanley College of Engineering And Technology For Women
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2.The principles that should govern the beneficiary states to receive the money
grants-in-aid to the states by the Centre recommended to be offered to them
3.The measures needed to augment the by the Commission As rightly observed by
consolidated fund of a state to supplement the Dr. P.V. Rajamannar, the Chairman of the
resources of the panchayats and the Fourth
municipalities in the Finance Commission, “Since the Finance
state on the basis of the recommendations made Commission is a constitutional
by the state finance commission body expected to be quasi-judicial, its
4.Any other matter referred to it by the recommendations should not be turned
president in the interests of sound finance. down by the Government of India unless
Till 1960, the commission also suggested the there are very compelling reasons”.
grants given to the States of The constitution of India envisages the
Assam, Bihar, Odisha and West Bengal in lieu Finance commission as the
of assignment of any share of balancing wheel of fiscal federalism in
the net proceeds in each year of export duty India. However, its role in the Centre–
on jute and jute products. These grants were state fiscal relations was undermined by the
to be given for a temporary period of ten emergence of the erstwhile
years from the commencement of the Planning Commission, a non-constitutional
Constitution. and a non-statutory body. Dr P V
The commission submits its report to the Rajamannar, the Chairman of the Fourth
president. He lays it before both Finance commission, highlighted
the Houses of Parliament along with an the overlapping of functions and
explanatory memorandum as to the action responsibilities between the Finance
taken on its recommendations. Commission and the erstwhile Planning
Commission in federal fiscal
ADVISORY ROLE Transfers.
It must be clarified here that the Qualifications of the members
recommendations made by the Finance
Commission are only of advisory nature The Chairman of a finance commission is
and hence, not binding on the selected from people with experience of
government. It is up to the Union public affairs. The other four members are
government to implement its selected from people who:
recommendations on granting money to the
states. 1. Are, or have been, or are qualified,
To put it in other words,‘It is nowhere laid as judges of a high court,
down in the Constitution that 2. Have knowledge
the recommendations of the commission of government finances or
shall be binding upon the accounts, or
Government of India or that it would give 3. Have had experience in
rise to a legal right in favour of the administration and financial
expertise; or
4. Have special knowledge
of economics

28
Stanley College of Engineering And Technology For Women
Indian Constitution -
List of Finance Commissions Shelat 84
So far 15 Finance Commissions have
been appointed which are as follows
Y. B. 1984–
8th 1983
Operati Chavan 89
Finance Year of
Chairma onal
Commis establish
n duratio
sion ment N. K. P. 1989–
n 9th 1987
Salve 95

R.
1952– K. C. 1995–
1st 1951 K.C.Niyo 10th 1992
57 Pant 00
gi

A. M. 2000–
K. 11th 1998
1957– Khusro 05
2nd 1956 Santhan
62
am

C.
2005–
A. K. 1962– 12th 2002 Rangaraj
3rd 1960 10
Chanda 66 an

P. V.
1966– Dr. Vijay 2010–
4th 1964 Rajaman 13th 2007
69 L. Kelkar 15
nar

Dr. Y. V 2015–
Mahavee 1969– 14th 2013
5th 1968 Reddy 20
r Tyagi 74

N. K. 2020–
K. 15th 2017
Singh 25
Brahman 1974–
6th 1972
anda 79
Reddy

7th 1977 J. M. 1979–

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Stanley College of Engineering And Technology For Women
Indian Constitution

UNIT-V
is so appointed, the chief election
commissioner shall act as the chairman of
the election commission.
4. The president may also appoint after
Statutory Institutions: Elections- consultation with the election
Election Commission of India, commission such regional commissioners
National Human Rights Commission, as he may consider necessary
National Commission for Women to assist the election commission.
5. The conditions of service and tenure of
office of the election
ELECTION COMMISSION OF INDIA commissioners and the regional
The Election Commission is a permanent commissioners shall be determined by
and an independent body the president.
established by the Constitution of India
directly to ensure free and fair POWERS AND FUNCTIONS
elections in the country. Article 324 of the The powers and functions of the Election
Constitution provides that the Commission with regard to
power of superintendence, direction and elections to the Parliament, state
control of elections to parliament, legislatures and offices of President and
state legislatures, the office of president of Vice-President can be classified into three
India and the office of vice-president categories, viz,
of India shall be vested in the election 1. Administrative
commission. Thus, the 2. Advisory
Election Commission is an all-India body in 3. Quasi-Judicial
the sense that it is common to In detail, these powers and functions are:
both the Central government and the state 1. To determine the territorial areas of the
governments. electoral constituencies
It must be noted here that the election Throughout the country on the basis of the
commission is not concerned with Delimitation Commission Act
the elections to panchayats and of Parliament.4
muncipalities in the states. For this, the 2. To prepare and periodically revise
Constitution of India provides for a separate electoral rolls and to register all
State Election Commission. eligible voters. 3. To notify the dates and
COMPOSITION schedules of elections and to scrutinise
Article 324 of the Constitution has made the nomination papers.
following provisions with regard 4. To grant recognition to political parties
to the composition of election commission: and allot election symbols to
1. The Election Commission shall consist of them.
the chief election commissioner 5. To act as a court for settling disputes
and such number of other election related to granting of recognition to
commissioners, if any, as the president political parties and allotment of election
may from time to time fix. symbols to them.
2. The appointment of the chief election
commissioner and other election
commissioners by president of india.
3. When any other election commissioner

30
Stanley College of Engineering And Technology For Women
Indian Constitution -
6. To appoint officers for inquiring into Excellence by enhancing active
disputes relating to electoral engagement, participation; and deepening
arrangements. and strengthening electoral democracy in
7. To determine the code of conduct to be India and globally.
observed by the parties and the Mission:- The Election Commission of
candidates at the time of elections. India maintains independence,
8. To prepare a roster for publicity of the integrity and autonomy; ensures
policies of the political parties on accessibility, inclusiveness, and ethical
radio and TV in times of elections. participation of stakeholders; and, adopts
9. To advise the president on matters highest standards of
relating to the disqualifications of the professionalism for delivering free, fair, and
members of Parliament. transparent elections to
10. To advise the governor on matters strengthen the trust in electoral democracy
relating to the disqualifications of the and governance.
members of state legislature. 11. To cancel Guiding Principles The Commission has
polls in the event of rigging, booth laid down for itself guiding
capturing, violence and principles of good governance:
other irregularities. 1. To uphold the values enshrined in the
12. To request the president or the Constitution viz, equality, equity,
governor for requisitioning the staff impartiality, independence; and rule of law
necessary for conducting elections. in superintendence, direction
13. To supervise the machinery of elections and control over the electoral governance;
throughout the country to ensure 2. To conduct elections with highest
free and fair elections. standard of credibility, freeness,
14. To advise the president whether fairness, transparency, integrity,
elections can be held in a state under accountability, autonomy and
president’s rule in order to extend the professionalism;
period of emergency after one year. 3. To ensure participation of all eligible
15. To register political parties for the citizens in the electoral process in
purpose of elections and grant them the an inclusive voter centric and voter-friendly
status of national or state parties on the environment;
basis of their poll performance5. 4. To engage with political parties and all
The Election Commission is assisted by stakeholders in the interest of
deputy election commissioners. electoral process;
They are drawn from the civil service and 5. To promote awareness about the
appointed by the commission with electoral process and electoral
tenure system. They are assisted, in turn, governance amongst stakeholders namely,
by the secretaries, joint secretaries, voters, political parties,
deputy secretaries and under secretaries election functionaries, candidates and
posted in the secretariat of the people at large; and to enhance and
commission. strengthen confidence and trust in the
VISION, MISSION AND PRINCIPLES. electoral system of this country;
Vision:- The Election Commission of India 6. To develop the human resource for
strives to be an Institution of effective and professional delivery of
electoral services;

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Stanley College of Engineering And Technology For Women
Indian Constitution -
7. To build quality infrastructure for smooth COMPOSITION OF THE COMMISSION
conduct of electoral process; The commission is a multi-member body
8. To adopt technology for improvement in consisting of a chairman and four
all areas of electoral process; members. The chairman should be a retired
9. To strive for adoption of innovative chief justice of India, and
practices for achieving excellence members should be serving or retired
and overall realization of the vision and judges of the Supreme Court, a serving
mission; or retired chief justice of a high court and
10. To contribute towards the reinforcement two persons having knowledge or
of democratic values by practical experience with respect to human
maintaining and reinforcing confidence and rights. In addition to these fulltime
trust of the people in the members, the commission also has four ex-
electoral system of the country. officio members—the
chairmen of the National Commission for
NATIONAL HUMAN RIGHTS Minorities, the National
Commission for SCs, the National
COMMISSION Commission for STs and the National
ESTABLISHMENT OF THE COMMISSION Commission for Women.
he National Human Rights Commission is a The chairman and members are appointed
statutory (and not a by the president on the
constitutional) body. It was established in recommendations of a six-member
1993 under a legislation committee consisting of the prime
enacted by the Parliament, namely, the minister as its head, the Speaker of the Lok
Protection of Human Rights Act, Sabha, the Deputy Chairman of
19931. This Act was amended in 2006. the Rajya Sabha, leaders of the Opposition
The commission is the watchdog of human in both the Houses of Parliament
rights in the country, that is, the and the Central home minister. Further, a
rights relating to life, liberty, equality and sitting judge of the Supreme Court
dignity of the individual or a sitting chief justice of a high court can
guaranteed by the Constitution or embodied be appointed only after
in the international covenants2 consultation with the chief justice of India.
and enforceable by courts in India. The chairman and members hold office for
The specific objectives of the establishment a term of five years or until
of the commission are3 : they attain the age of 70 years, whichever
(a) To strengthen the institutional is earlier. After their tenure, the
arrangements through which human rights chairman and members are not eligible for
issues could be addressed in their entirety further employment under the
in a more focussed manner; Central or a state government.
(b) To look into allegations of excesses, The president can remove the chairman or
independently of the government, in any member from the office
a manner that would underline the under the following circumstances:
government's commitment to protect (a) If he is adjudged an insolvent; or
human rights; and (b) If he engages, during his term of office,
(c) To complement and strengthen the in any paid employment outside
efforts that have already been made in the duties of his office
this direction.

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Stanley College of Engineering And Technology For Women
Indian Constitution -
(c) If he is unfit to continue in office by (j) To undertake such other functions as it
reason of infirmity of mind or body; may consider necessary for the
or promotion of human rights.
(d) If he is of unsound mind and stand so
declared by a competent court; or HUMAN RIGHTS (AMENDMENT) ACT,
(e) If he is convicted and sentenced to 2006
imprisonment for an offence. The Parliament has passed the Protection
of Human Rights (Amendment)
FUNCTIONS OF THE COMMISSION Act, 2006. The main amendments carried
The functions of the Commission are: out in the Protection of Human
(a) To inquire into any violation of human Rights Act, 1993, relate to the following
rights or negligence in the issues:
prevention of such violation by a public 1. Reducing the number of members of
servant, either suo motu or on a State Human Rights Commissions (SHRCs)
petition presented to it or on an order of a from five to three
court. 2. Changing the eligibility condition for
(b) To intervene in any proceeding involving appointment of member of SHRCs
allegation of violation of human 3. Strengthening the investigative
rights pending before a court. machinery available with Human Rights
(c) To visit jails and detention places to Commissions
study the living conditions of inmates 4. Empowering the Commissions to
and make recommendation thereon. recommend award of compensation,
(d) To review the constitutional and other etc. even during the course of enquiry
legal safeguards for the protection 5. Empowering the NHRC to undertake
of human rights and recommend measures visits to jails even without
for their effective intimation to the state governments
implementation. 6. Strengthening the procedure for
(e) To review the factors including acts of recording of evidence of witnesses
terrorism that inhibit the 7. Clarifying that the Chairpersons of NHRC
enjoyment of human rights and recommend and SHRCs are distinct from
remedial measures. the Members of the respective Commission
(f) To study treaties and other international 8. Enabling the NHRC to transfer
instruments on human rights and complaints received by it to the concerned
make recommendations for their effective SHRC
implementation. 9. Enabling the Chairperson and members
(g) To undertake and promote research in of the NHRC to address their
the field of human rights. resignations in writing to the President and
(h) To spread human rights literacy among the Chairperson and members
the people and promote awareness of the SHRCs to the Governor of the state
of the safeguards available for the concerned
protection of these rights. 10. Clarifying that the absence of any
(i) To encourage the efforts of non- member in the Selection Committee for
governmental organisations (NGOs) selection of the Chairperson and member of
working in the field of human rights. the NHRC or the SHRCs will

33
Stanley College of Engineering And Technology For Women
Indian Constitution -
not vitiate the decisions taken by such 15. Systemic Reforms of Police, Prisons
Committees and other Centers of Detention
11. Providing that the Chairperson of the 16. Review of Laws, Implementation of
National Commission for the Treaties, and the International
Scheduled Castes and the Chairperson of Instruments on Human Rights
the National Commission for the 17. Promotion of Human Rights Literacy
Scheduled Tribes shall be deemed to be and Awareness in the Educational
members of the NHRC System
12. Enabling the Central Government to 18. Human Rights Training for the Armed
notify future international covenants Forces and Police, Public
and conventions to which the Act would be Authorities and Civil Society
applicable
PERFORMANCE OF THE COMMISSION NATIONAL COMMISSION FOR WOMEN
The various human rights issues taken up National Commission for Women is also
by the Commission are as follows: one of the significant statutory bodies
1. Abolition of Bonded Labour established by the Government of India. It
2. Functioning of the Mental Hospitals at was established in 1992 under the
Ranchi, Agra and Gwalior provisions of the National Commission for
3. Functioning of the Government Women Act, 1990.
Protective Home (Women), Agra
4. Issues Concerning Right to Food
The Central Government took the initiative
5. Review of the Child Marriage Restraint
to establish this Commission by keeping in
Act, 1929
view the provisions of India’s constitution to
6. Protocols to the Convention on the
strengthen the women in country through
Rights of the Child
addressing plights, suppressions and other
7. Preventing Employment of Children by
types of violence they use to face.
Government Servants:
Amendment of Service Rules
8. Abolition of Child Labour National Commission for Women also takes
9. Guidebook for the Media on Sexual the initiatives for overall development of
Violence against Children women community in whole country.
10. Trafficking in Women and Children:
Manual for the Judiciary for Gender Main aim of National Commission for
Sensitisation Women is to raise the concern for the
11. Guidelines to Check Misuse of the women and to represent itself for their
Power of Arrest by the Police rights. This Commission takes into account
29. Setting up of Human Rights Cells in the the issues and concerns of women
State / City Police Headquarters community and advises for the authentic
12. Steps to Check Custodial Deaths, Rape solution of all the problems they face.
and Torture
13. Accession to the Convention against This Commission takes into consideration
Torture many common issues associated with
14. Discussion on Adoption of a Refugee women and their repression from dowry to
Law for the Country religious or political factors and most

34
Stanley College of Engineering And Technology For Women
Indian Constitution -
importantly their equal representation in job Functions of National Commission for
market and other exploitations. Women

Working of National Commission for 1. Work as the coordinating agency to receive

Women and process all the complaints related to
Indian Women deserted by their Overseas
National Commission for Women became Indian husbands.
statutory body and kept taking many steps 2. Shall render all possible assistance to the
for the protection of women. It also makes a complaints including conciliation, mediation
point to work under the National between the parties and advising the
Commission for Women Act, 1990 which is complainant on related issues.
the key guideline for this Commission to 3. Associating, networking with NGOs,
suggest and explore initiatives meant for community organizations in India and
women and their overall growth. overseas and State women Commissions
for wider area coverage, so as to assist
Composition of National Commission for
easy access and provide support services.
Women 4. Shall endeavour towards a coordinated
The Commission shall consist of response amongst various Government
agencies/organizations such as State
Governments, The National Human Rights
(a) A Chairperson, committed to the cause Commission, Indian Embassies and
of women, to be nominated by the Central Mission, concerned Ministries etc.
Government. 5. Provide assistance to the distressed
woman in litigation and other issues
(b) five Members to be nominated by the pertaining to the complainant/case.
Central Government from amongst persons 6. Shall maintain a data bank record of cases
of ability, integrity and standing who have registered.
had experience in law or legislation, trade 7. Seek reports from the State Government
unionism, management of an industry and other authorities on the complaints filed
potential of women, women’s voluntary and action taken thereon.
organizations ( including women activist ), 8. Shall advice and recommend the
administration, economic development, government on any policy or issue relating
health, education or social welfare; to the NRI marriages.
9. Investigate various legal treaties on the
Provided that at least one Member each issue and advice the Government on the
shall be from amongst persons belonging to subject, wherever required.
the Scheduled Castes and Scheduled 10. Shall constitute an advisory committee
Tribes respectively; panel of reputed advocates/NGOs, both in
India as well as abroad, which shall
intermittently review the functioning of the
cell, cases filed and policy issues.
11. Shall constitute a panel of experts (All
India) to support the aggrieved wife and
rendering legal services and other

35
 Stanley College of Engineering And Technology For Women
Indian Constitution -
assistance, including mediation and
conciliation
12. Planning of training modules and
conducting training on sensitisation on the
subject to the various agencies entrusted
with the task of providing justice, vig.
Judiciary, police, administration, etc.
13. Shall organize awareness campaigns for
the masses on the issue.
14. This commission has responsibility to
encourage /support research and study in
the related field like issues of grievances
associated with dual citizenship, enactment
of new legislation or signing of international
treaties, marriage laws of other countries,
etc.
15. NCW must look into complaints and take
suo-moto notice on any issue brought to the
notice of the NRI Cell in accordance with
Section 10 (1)(f) of the National
Commission for Women Act , 1990 read
with sub-section 4 of Section 10 and
Section 8 of the Act.
16. The cell shall control its own procedures in
accordance with the National Commission
for Women Act 1990.
17. NCW must perform any other function as
assigned to it by the Commission/Central
Government.

ALL THE BEST

Pakalapati AmarNadh
Assistant Professor. B.Tech,PgDMCJ,M.Sc.Psychology,MBA.

36