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Historical background - Sources of the Indian Constitution
1 I - Preamble-citizenship 1-71

Fundamental Rights–Directive Principles of State Policy –

2 II Fundamental Duties-important amendments to the 72-94
Constitution

Indian Federalism: Distribution of powers: Legislative –

3 III Administrative and Financial relation- Emergency 95-119
Provisions

Union Government – President: Election – Powers and

Functions – Cabinet: Prime Minister – Parliament
4 IV Composition, Powers and functions- Process of lawmaking 120-152
– Speaker – Parliamentary Committees – Supreme Court
of India:Composition, powers and functions

5 V State Government: Role of the Governor - State 153-183

Legislature – Cabinet- High Courts

References 184
 Unit - I
Historical background - Sources of the Indian Constitution -
Preamble-citizenship

Objectives
 After going through this unit, you will be able to:
 Explain the reforms initiated by the British Governor Generals of India
 Discuss the salient features of the crown rule
 State the formation of the interim government in India after the end of
the Second World War

The 18th century in India was an important period of transition

and remains the subject of continuing debate among scholars of late
medieval and modern Indian history. The two main debates on the 18th
century are the nature of transition from a centralized Mughal polity to
the emergence of regional confederations, and the nature of the
transformation brought about by the increasing role of the English East
India Company in the economic, commercial, and financial life of the
subcontinent. We see the rise of a new economic order, and
decentralization of political power which went hand-in-hand with a
broader localization process. The death of Aurangzeb in 1707 laid bare
a patchwork of several sovereignties, a network of fragmented and
layered forms of regional political powers that had been partly masked
and managed by the practices of Mughal state and sovereignty. The
18th century was marked by the emergence of regional polities, the so
called successor states like Awadh, Bengal and Hyderabad, although
they were politically and financially independent from Mughal state,
but always used the Mughal symbols and titles for legitimacy and
political stability. It is generally viewed that the East India Company‘s
expansion in India took place due to a power vacuum left after
Aurangzeb‘s death. In the debates of continuity and change, historians
have presented enduring socio-economic structures such as financial
institutions and information networks that emphasize the utility of

1
Indian agents or collaborators in facilitating early company rule. East
India Company Rule brought about dramatic changes in the Indian
political situation. Company officials were mostly interested in
enriching themselves and plundering India for company profits.
Whatever administrative reforms that were brought in were an attempt
to create an efficient plundering machine and to stabilize Company
rule in India. Due to the terrible conditions under the Company, it was
inevitable that Indians would rise in revolt. The 1857 revolt resulted in
India transitioning from Company to Crown Rule. It was under Crown
Rule after 1857 that some attempts were made by the British to create
a modern administrative set-up. These were the first steps that went
into the making of the Indian Constitution. However, conditions were
far from perfect. India was still a colony of a foreign country. Indian
nationalism took birth in the nineteenth century as a result of the
conditions created by British rule. Nationalist leaders of India
demanded many reforms in constitutional arrangements during the
colonial rule. To meet some of their demands, the British enacted
some legislation, such as the Government of India, Act 1858; the
Indian Council Act, 1861; the Indian Council Act, 1892; the Indian
Council Act, 1909; the Government of India Act, 1919; and the
Government of India Act, 1935. The Constituent Assembly of India
was elected in 1946 to write the Constitution of India. Following
India‘s independence from Great Britain, its members served as the
nation‘s first Parliament. In this unit, you study about the advent of the
Company rule followed by the Crown rule and the establishment of the
interim government in India.
Company Rule (1773-1858)
In 1717, the Mughal emperor issued a farmaan by which it
granted special benefits to the English East India Company, namely,
exemption of taxes on goods imported and exported from Bengal.

2
the Nawab. It was also agreed that if a third party attacked any one of
the powers, the other party to the Treaty would assist him in ousting
the intruder by sharing his troops totally or partially. The Nawab had
to bear the expenses of the Company‘s army if it assisted the Nawab.
However, it is not clear if the Company met the expenses of the
Nawab‘s army when the Company used its services. Also, the Nawab
had to pay 50 lakh as compensation for the war, and grant permission
to the Company to continue duty-free trade in his territories.
The Puppet Nawabs of Bengal
Post-Buxar, Mir Jafar was reinstated to the throne of Bengal by
the English. By agreeing to reduce his troops, Mir Jafar had curbed the
military powers of the nawab further. He was unable to bring in any
formidable political or administrative changes in Bengal at this stage
because he had a very weak personality and had developed a negative
approach considering the unpleasant political situation he had to tackle
and his ailment (believed to be suffering from leprosy).
The English success at Buxar, followed by Mir Jafar‘s demise
sealed the fate of the nawabs in Bengal and laid the foundation of the
British empire in Bengal. The Company made Najm-ud-Daulah, Mir
Jafar‘s minor son, the nawab and signed a treaty with him that made
the throne completely subservient to the English Muhammad Reza
Khan was appointed deputy governor by the nawab under English
directives. Khan looked after the entire administration, and he could
only be replaced with the approval of the governor and Council. The
governor and Council‘s approval were also essential while appointing
or removing revenue collectors.
Subsequently, the Nawab‘s status deteriorated further. After
resuming for his second term of governorship in May 1765, Clive
pressurized Najm-ud-Daulah to grant all the revenues to the Company
in exchange of an annual pension of 50 lakh. When Najm-ud-Daulah

13
who made the system harmonious and cohesive. Cornwallis introduced
a system in which people could lodge a complaint against collectors
and servants for not fulfilling their duties. The government could also
be sued in the court. He abolished inhuman punishments such as
capital punishment and mutilation of limbs. The European people
living in the districts had to follow the new judicial system
Reforms in Public Services
The servants of East India Company wanted to earn a lot of
money. Since, the salaries of these servants were low, they accepted
bribe from people in order to earn more money. They also confiscated
the lands of zamindars in an unjust manner. In order to solve these
problems, Cornwallis raised their salaries and terminated some of the
servants. After this, he hired employees for the Company solely on the
basis of their merits. He did not allow any of the employees to carry
out trade in their private capacity. He did not trust Indians and behaved
with them in a scornful manner. Thus, his behaviour towards Indians
was criticized. He did not recruit Indian on high posts and gave such
posts to Europeans. He divided districts into small units and took away
police powers from the zamindars. A superintendent and
representative of the company, who resided in those districts, were
given the charge of these units.
Reforms in the Commercial Department of the Company
When the Board of Trade was established, it were asked to
obtain goods from Indian and European contractors. These contractors
supplied goods of inferior quality at a very high price. The Board
instead of checking these practices, took bribe through them. Due to
these corrupted practices of the commercial department, Cornwallis
took action against the Board of Trade. He reduced the number of
Board members from eleven to five. The method of obtaining goods
was also changed and the Board was instructed to obtain goods from

23
middlemen exploited the farmers and tillers and made their lives
miserable. The system of the Permanent Settlement ignored the
interests of peasants, farmers and tillers. They were left on the misery
of zamindars who oppressed them for earning more. In the long run,
the Permanent Settlement proved disadvantageous to the government
as they could not increase the amount of land revenue when the prices
of the crops increased.
Reforms Initiated by Lord Wellesley
Though the Subsidiary Alliance System was formed in the
second half of the 18th century, yet the credit of this policy goes to
Lord Wellesley as it developed from 1798 to 1805 when Lord
Wellesley was the Governor General of India. The system of
Subsidiary Alliance was introduced by Dupleix, the French Governor
by giving his army to Indian rulers on rent. The same policy was
adopted by many Governor Generals of the East India Company such
as Robert Clive. In 1765, the English signed a treaty with Awadh at
Allahabad. As per this treaty, the English promised that their troops
would protect Awadh and the Nawab would bear the expenses of the
troops. They also appointed an English resident in the court of the
Nawab and was asked to bear his expenses as well. In 1787, when
Lord Cornwallis was the Governor General, the Nawab of Carnatic
promised that he would not take help from any foreign power without
obtaining permission from the Company. Similarly, in 1798, the
Nawab of Awadh promised Sir John Shore that no European would be
employed in Awadh. In this way, the Subsidiary alliance system was
in existence even before the Governor Generalship of Lord Wellesley.
However, the system developed fully when he added some elements in
this system. Indian states were asked to yield some of the territories to
the Company if they wanted to sign this treaty. This way, the company

26
 Major Sources of Indian Constitution
Provisions Source/country
 Preamble
 Fundamental Rights
 Federal structure of government
 Electoral College
Constitution of the  Independence of the judiciary and separation of
powers among the three branches of the
United States
government
 Judicial review
 President as Supreme Commander of Armed
Forces
 Equal protection under law
 Parliamentary form of government
 The idea of single citizenship
 The idea of the Rule of law
British constitution  Writs
 Institution of Speaker and his role
 Lawmaking procedure
 Procedure established by Law
 A quasi-federal form of government —
a federal system with a strong central
Canadian government
 Distribution of powers between the central
constitution
government and state governments
 Residual powers retained by the central
government
Irish constitution  Directive Principles of State Policy
 Nomination of members to Rajya Sabha
(Ireland)
 Method of Election of President
French constitution  Republic and the ideals of Liberty, Equality and
Fraternity in the Preamble
 Freedom of trade and commerce within the
country and between the states
Australian
 Power of the national legislature to make laws for
constitution implementing treaties, even on matters outside
normal Federal jurisdiction
 Concurrent List
 Fundamental Duties under Article 51-A
Constitution of
 A Constitutionally mandated Planning
Soviet Union
Commission to oversee the development of the
(USSR)
economy

55
Constitution of  Procedure for amendment
South Africa  Election of Rajya Sabha members
 Emergency powers to be enjoyed by the Union
Constitution of
 Suspension of Fundamental Rights during
Germany
emergency.
Constitution of  Procedure Established by Law
Russia
 Federal Scheme
 Emergency Provisions
Government of India
 Public Service Commissions
Act 1935  Office of Governor
 Judiciary
 Administrative Details

Impeachment of the President and Removal of Judges

Article 61 of the Indian Constitution provides for the
impeachment of the President through legislative procedures carried
out by the two houses of the Parliament. Article 124 (4) of the Indian
Constitution and the provisions of the Judges Inquiry Act of
1968 deal with the removal of judges.
Article 124 (4)
A Judge of the Supreme Court shall not be removed from his
office except by an order of the President passed after an address by
each House of Parliament supported by a majority of the total
membership of that House and by a majority of not less than two-
thirds of the members of that House present and voting has been
presented to the President in the same session for such removal on the
ground of proved misbehaviour or incapacity.
Ireland
The main feature borrowed from the Irish Constitution is the
provision of the Directive Principles of State Policy (DPSP). The
DPSP are listed in the Part IV of the Indian Constitution and it clearly
states that it is the duty of the State to apply these principles in the

56
process of law making. There are mainly three categories of these
principles – Socialist Directives, Gandhian Directives and Liberal
Intellectual Directives. The procedure for the nomination of members
to the Rajya Sabha is also borrowed from Ireland.
Canada
The provisions of a Federation with a strong centre, Residuary
powers of the Centre, appointment of State governors by the Centre
and the advisory jurisdiction of the Supreme Court, have all been
borrowed from the Canadian constitution. Article 248 of the Indian
Constitution states that the Parliament has the sole power to make laws
regarding any item not mentioned in the Union and State lists
respectively. Article 143 provides for an advisory jurisdiction for the
Supreme Court. Under this provision, the President may
seek opinion of the Supreme Court on public matters and the Supreme
Court may then further give its opinion after studying the case
properly.
France
The Indian Preamble borrowed its ideals of Liberty,
Equality and Fraternity from the French Constitution. The Indian
state came to be recognized as the ‗Republic of India‘ in the lineage of
the Constitution of France.
Australia
The Constitution of Australia lent us the provisions
of Freedom of Trade and Commerce within the country and between
the states. The provisions of the same are laid down in the Articles
301-307 of the Indian Constitution. We also received the provisions of
the Concurrent list and the joint sitting of both the houses of
Parliament from Australia.

57
South Africa and Germany
While the Constitution of South Africa gave us the provisions
of the procedure of the amendment and the Election of the Rajya
Sabha members, the German Constitution, gave us the provision of
suspension of fundamental rights during emergency.
These were the major sources of the Indian Constitution. As
the father of our Constitution and the Chairman of the Drafting
Committee, Dr. B.R. Ambedkar said, “As to the accusation that the
Draft Constitution has [re]produced a good part of the provisions of
the Government of India Act, 1935, I make no apologies. There is
nothing to be ashamed of in borrowing. It involves no plagiarism.
Nobody holds any patent rights in the fundamental ideas of a
Constitution.‖
Preamble
o The Preamble to the Constitution of India reads: We, THE
PEOPLE OF INDIA, having solemnly resolved to constitute
India into a SOVEREIGN, SOCIALIST, SECULAR,
DEMOCRATIC REPUBLIC and to secure to its citizens:
 JUSTICE, social, economic and political;
 LIBERTY of thought, expression, belief, faith and worship;
 EQUALITY of status and opportunity; and to promote them
all;
 FRATERNITY assuring the dignity of the individual and the
unity and integrity of the nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of
NOVEMBER, 1949 do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.
The wordings of the Preamble make it clear that the basic tasks
which the Constitution makers envisaged for the Indian state were to
achieve the goals of justice, liberty, equality and fraternity. These

58
objectives help us to decode the messages and mandates of our
Constitution in terms of our contemporary needs and futuristic
perspectives.
Amendment to the Preamble
By Section 2 of the Constitution (forty-second Amendment
Act, 1976), two amendments were made in the Preamble.
 Instead of ‗Sovereign Democratic Republic‘ India was
declared ‗Sovereign Socialist Secular Democratic
Republic.‘
 For the words ‗Unity of the Nation‘, the words ‗Unity and
Integrity of the Nation‘ were inserted.
Explanation of the Preamble
Source of the Constitution:
The first and the last words of the Preamble, i.e., ‗We, the
people of India adopt, enact and give to ourselves this Constitution‘
convey that the source of the Constitution is the people of India. The
people have formulated their Constitution through the Constituent
Assembly which represented them.
Nature of the Indian political system
The Preamble also discusses the nature of Indian political
system. The Indian polity is sovereign, socialist, secular, democratic
republic.
Sovereign
After the implementation of the Constitution on 26 January
1950, India became sovereign. It was no longer a dominion.
Sovereignty means the absence of external and internal limitations on
the state. It means that Indians have the supreme power in deciding
their destiny.

59
Citizenship
Citizenship at the commencement of the Constitution.—At the
commencement of this Constitution, every person who has his
domicile in the territory of India and
 who was born in the territory of India; or
 either of whose parents was born in the territory of India; or
 who has been ordinarily resident in the territory of India for not
less than five years immediately preceding such
commencement, shall be a citizen of India.
Rights of citizenship of certain persons who have migrated to
India from Pakistan
Notwithstanding anything in article 5, a person who has
migrated to the territory of India from the territory now included in
Pakistan shall be deemed to be a citizen of India at the commencement
of this Constitution if
 He or either of his parents or any of his grand-parents was born
in India as defined in the Government of India Act, 1935 (as
originally enacted); and
 (i) in the case where such person has so migrated before the
nineteenth day of July, 1948, he has been ordinarily resident in
the territory of India since the date of his migration, or (ii) in
the case where such person has so migrated on or after the
nineteenth day of July, 1948, he has been registered as a citizen
of India by an officer appointed in that behalf by the
Government of the Dominion of India on an application made
by him there for to such officer before the commencement of
this Constitution in the form and manner prescribed by that
Government: Provided that no person shall be so registered
unless he has been resident in the territory of India for at least
six months immediately preceding the date of his application.

63
Rights of citizenship of certain migrants to Pakistan
Notwithstanding anything in articles 5 and 6, a person who has
after the first day of March, 1947, migrated from the territory of India
to the territory now included in Pakistan shall not be deemed to be a
citizen of India: Provided that nothing in this article shall apply to a
person who, after having so migrated to the territory now included in
Pakistan, has returned to the territory of India under a permit for
resettlement or permanent return issued by or under the authority of
any law and every such person shall for the purposes of clause (b) of
article 6 be deemed to have migrated to the territory of India after the
nineteenth day of July, 1948.
Rights of citizenship of certain persons of Indian origin residing
outside India
Notwithstanding anything in article 5, any person who or either
of whose parents or any of whose grand-parents was born in India as
defined in the Government of India Act, 1935 (as originally enacted),
and who is ordinarily residing in any country outside India as so
defined shall be deemed to be a citizen of India if he has been
registered as a citizen of India by the diplomatic or consular
representative of India in the country where he is for the time being
residing on an application made by him there for to such diplomatic or
consular representative, whether before or after the commencement of
this Constitution, in the form and manner prescribed by the
Government of the Dominion of India or the Government of India.
Persons voluntarily acquiring citizenship of a foreign State not to
be citizens
No person shall be a citizen of India by virtue of article 5, or be
deemed to be a citizen of India by virtue of article 6 or article 8, if he
has voluntarily acquired the citizenship of any foreign State.
Continuance of the rights of citizenship

64
 Unit – II
Fundamental Rights–Directive Principles of State Policy –
Fundamental Duties-important amendments to the Constitution

Objectives
 To comprehend the significance of Fundamental Rights
 To elucidate the concept and importance of Fundamental Duties
 To compare the provisions of Fundamental Rights, Directive
Principles, and Fundamental Duties in the Indian Constitution

Fundamental Rights
Definition
In this Part, unless the context otherwise requires, ―the State‖
includes the Government and Parliament of India and the Government
and the Legislature of each of the States and all local or other
authorities within the territory of India or under the control of the
Government of India.
Laws inconsistent with or in derogation of the fundamental rights
 All laws in force in the territory of India immediately before
the commencement of this Constitution, in so far as they are
inconsistent with the provisions of this Part, shall, to the extent
of such inconsistency, be void.
 The State shall not make any law which takes away or
abridges the rights conferred by this Part and any law made in
contravention of this clause shall, to the extent of the
contravention, be void.
 In this article, unless the context otherwise requires
 ―law‖ includes any Ordinance, order, bye-law, rule,
regulation, notification, custom or usage having in the territory
of India the force of law;
 laws in force‖ includes laws passed or made by a Legislature or
other competent authority in the territory of India before the
commencement of this Constitution and not previously

72
 repealed, notwithstanding that any such law or any part thereof
may not be then in operation either at all or in particular areas.
 Nothing in this article shall apply to any amendment of this
Constitution made under article 368.]
Right to Equality
Equality before law
The State shall not deny to any person equality before the law
or the equal protection of the laws within the territory of India.
Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth
The State shall not discriminate against any citizen on grounds
only of religion, race, caste, sex, and place of birth or any of them.
No citizen shall, on grounds only of religion, race, caste, sex,
place of birth or any of them, be subject to any disability, liability,
restriction or condition with regard to access to shops, public
restaurants, hotels and places of public entertainment; or the use of
wells, tanks, bathing ghats, roads and places of public resort
maintained wholly or partly out of State funds or dedicated to the use
of the general public.
Nothing in this article shall prevent the State from making any
special provision for women and children. Nothing in this article or in
clause (2) of article 29 shall prevent the State from making any special
provision for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes and the
Scheduled Tribes.]
Nothing in this article or in sub-clause (g) of clause (1) of
article 19 shall prevent the State from making any special provision,
by law, for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes or the
Scheduled Tribes in so far as such special provisions relate to their

73
admission to educational institutions including private educational
institutions, whether aided or unaided by the State, other than the
minority educational institutions referred to in clause (1) of article 30.]
Nothing in this article or sub-clause (g) of clause (1) of article
19 or clause (2) of article 29 shall prevent the State from making, any
special provision for the advancement of any economically weaker
sections of citizens other than the classes mentioned in clauses (4) and
(5); and any special provision for the advancement of any
economically weaker sections of citizens other than the classes
mentioned in clauses (4) and (5) in so far as such special provisions
relate to their admission to educational institutions including private
educational institutions, whether aided or unaided by the State, other
than the minority educational institutions referred to in clause (1) of
article 30, which in the case of reservation would be in addition to the
existing reservations and subject to a maximum of ten per cent. of the
total seats in each category.
Explanation
For the purposes of this article and article 16, "economically
weaker sections" shall be such as may be notified by the State from
time to time on the basis of family income and other indicators of
economic disadvantage.
Equality of opportunity in matters of public employment
There shall be equality of opportunity for all citizens in matters
relating to employment or appointment to any office under the State.
No citizen shall, on grounds only of religion, race, caste, sex,
descent, place of birth, residence or any of them, be ineligible for, or
discriminated against in respect of, any employment or office under
the State.
Nothing in this article shall prevent Parliament from making
any law prescribing, in regard to a class or classes of employment or

74
 The State shall not, in granting aid to educational institutions,
discriminate against any educational institution on the ground that it is
under the management of a minority, whether based on religion or
language.
Saving of laws providing for acquisition of estates, etc.,
Notwithstanding anything contained in article 13, no law
providing for
 The acquisition by the State of any estate or of any rights
therein or the extinguishment or modification of any such
rights, or
 The taking over of the management of any property by the
State for a limited period either in the public interest or in order
to secure the proper management of the property, or
 The amalgamation of two or more corporations either in the
public interest or in order to secure the proper management of
any of the corporations, or
 The extinguishment or modification of any rights of managing
agents, secretaries and treasurers, managing directors, directors
or managers of corporations, or of any voting rights of
shareholders thereof, or
 The extinguishment or modification of any rights accruing by
virtue of any agreement, lease or license for the purpose of
searching for, or winning, any mineral or mineral oil, or the
premature termination or cancellation of any such agreement,
lease or licence,
 Shall be deemed to be void on the ground that it is inconsistent
with, or takes away or abridges any of the rights conferred by 5
article 14 or article 19.
Provided that where such law is a law made by the Legislature of a
State, the provisions of this article shall not apply thereto unless such

83
therein under article 372, continue in force until altered or repealed or
amended by Parliament.
Explanation
In this article, the expression ―law in force‖ has the same
meaning as in article 372.
Directive Principles of State Policy
Definition
In this Part, unless the context otherwise requires, ―the State‖
has the same meaning as in Part III.
Application of the principles contained in this Part
The provisions contained in this Part shall not be enforceable
by any court, but the principles therein laid down are nevertheless
fundamental in the governance of the country and it shall be the duty
of the State to apply these principles in making laws.
State to secure a social order for the promotion of welfare of the
people
The State shall strive to promote the welfare of the people by
securing and protecting as effectively as it may a social order in which
justice, social, economic and political, shall inform all the institutions
of the national life.
The State shall, in particular, strive to minimise the inequalities
in income, and endeavour to eliminate inequalities in status, facilities
and opportunities, not only amongst individuals but also amongst
groups of people residing in different areas or engaged in different
vocations.]
Certain principles of policy to be followed by the State
The State shall, in particular, direct its policy towards securing
 That the citizens, men and women equally, have the right to an
adequate means of livelihood;

88
  That the ownership and control of the material resources of the
community are so distributed as best to subserve the common
good;
 That the operation of the economic system does not result in
the concentration of wealth and means of production to the
common detriment;
 That there is equal pay for equal work for both men and
women;
 That the health and strength of workers, men and women, and
the tender age of children are not abused and that citizens are
not forced by economic necessity to enter avocations unsuited
to their age or strength; that children are given opportunities
and facilities to develop in a healthy manner and in conditions
of freedom and dignity and that childhood and youth are
protected against exploitation and against moral and material
abandonment.]
Equal justice and free legal aid
The State shall secure that the operation of the legal system
promotes justice, on a basis of equal opportunity, and shall, in
particular, provide free legal aid, by suitable legislation or schemes or
in any other way, to ensure that opportunities for securing justice are
not denied to any citizen by reason of economic or other disabilities.]
Organisation of village panchayats
The State shall take steps to organise village panchayats and
endow them with such powers and authority as may be necessary to
enable them to function as units of self-government.
Right to work, to education and to public assistance in certain
cases
The State shall, within the limits of its economic capacity and
development, make effective provision for securing the right to work,

89
Separation of judiciary from executive
The State shall take steps to separate the judiciary from the
executive in the public services of the State.
Promotion of international peace and security
The State shall endeavour to—
 promote international peace and security;
 maintain just and honourable relations between nations;
 foster respect for international law and treaty obligations in
the dealings of organised peoples with one another; and
 encourage settlement of international disputes by
arbitration.
Fundamental Duties (Article 51(a))
The Constitution of India laid disproportionate emphasis on the
rights of citizens as against their duties. With the result, the
Constitution of India did not incorporate any chapter of fundamental
duties. It was during the ‗Internal Emergency‘, declared in 1975, that
the need and necessity of fundamental duties was felt and accordingly
a Committee under the Chairmanship of Sardar Swaran Singh was
appointed to make recommendations about fundamental duties. The
Committee suggested for inclusion of a chapter of fundamental duties,
provision for imposition of appropriate penalty or punishment for non-
compliance with or refusal to observe any of the duties and also
recommended that payment of taxes should be considered as one of
the fundamental duties. But these recommendations were not accepted
by the Congress government.
However, under the Forty-Second Amendment, carried out in
1976, a set of fundamental duties of Indian citizens was incorporated
in a separate part added to Chapter IV under Article 51(a). Under this
Article, this shall be the duty of every citizen of India:
It shall be the duty of every citizen of India.

92
 Unit – III
Indian Federalism: Distribution of powers: Legislative –
Administrative and Financial relation- Emergency Provisions

Objectives
 To grasp the concept of federalism and its application in the
Indian context.
 To examine the concurrent list and understand how it facilitates
cooperative federalism.
 To understand the provisions related to national emergency,

Indian Federalism
Historical Background
Historically, the Government of India (GOI) was unitary in
nature. However, at the end of First World War, it began to be realized
that purely unitary government was not befitting to Indian system of
administration. The Act of 1919 introduced ‗diarchy‘, which can be
regarded, as a first step towards federalism in British India. Further,
the enactment of the Government of India Act, 1935 specifically
provided for provincial autonomy. When the Constituent Assembly
met in 1946, it was agreed upon to have a federal form of government
in India. The Constitution of India incorporated many provisions of
1935 Act, but without using the word ‗federalism‘ anywhere in its text.
Federal Features of Indian Constitution
Rigidity
Making amendments to the Constitution is a very rigid, process
as compared to passing of ordinary laws. Amendments pertaining to
those parts of the Constitution, which define the relationship between
the Union and States, are required to be passed by a two-third majority
of the members present and voting in the Parliament and be ratified by
half of the states of the Indian Union.

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Written Constitution
In India, we have a written Constitution, which is the supreme
law of the land. Both the Central and State governments derive their
powers from it. It serves, as a written contract between the two levels
of governments.
Division of Powers
The very objective for, which a federation is formed, is the
division of powers between the union and the states. There seems to be
a comprehensive attempt to define the limits of the Central and State
governments in the Indian Constitution. The Constitution has three
lists, List I that is the Union List, List II that is the State List, and List
III that is the Concurrent List. List III includes residuary subjects on
which both the governments can make laws. In fact, it was presumed
that central coordination in certain fields would be desirable in the
national interest and, therefore, the subjects of national and common
interest were placed in the concurrent jurisdiction of the two
governments. This exhaustive attempt to define the jurisdiction of the
two governmental levels supports the federal claim of the Indian
Constitution.
Independent Judiciary
Indian Constitution provides a system of judicial review of the
governmental legislations by the Supreme Court and the High Courts.
Judiciary can set aside an Act of any government, if it goes against the
provisions of the Constitution or if, in its opinion, has been passed
without concurrence to the procedure laid down by the law.
Bicameralism Bicameralism means there are two houses of
Parliament-a lower house or a popular house having representatives
elected directly by the people; and an upper house or a second
chamber representing the federating units. The Indian Federalism
Indian Parliament is also bicameral. It has two houses, namely the

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Constitutional amendment has empowered the Central government to
deploy armed forces in any state to deal with law and order situations.
The Indian government follows an integrated judicial system with
composition of state High Courts being decided by the centre. Besides,
the Supreme Court of India is authorized to reverse the decisions of
these courts.
Dominance of Parliament
The Parliament reigns supreme in the following manner:
 As per Article 249, the Rajya Sabha can transfer any of the
subjects included in the state list to Parliament, when viewed
from the perspective of national interest. However, this has set
in a wrong precedent. This is usually resorted to when different
political parties hold the forte at the centre and states.
 Under Article 253, Parliament has got the supreme power to
make laws for the whole or any part of the country. Likewise, it
can take decisions for implementing any treaty, agreement, and
convention with any other country or countries.
 Parliamentary supremacy over the State Legislature is also
indicated in Article 3. By virtue of this Article, the Union
Government can at any time change the boundaries of any
existing state, merge it with some other state, create a new state
out of an existing one, or abolish a state altogether.
Appointment of Governors and other High Appointments
The Governors are appointed by the President at the behest of
the Centre. State governors hold office at the pleasure of President.
There is no effective say of a state government in regard to the
appointment or removal of a Governor. A Governor merely acts, as an
agent of the centre. Apart from the appointment of Governors, the
judges of the High Courts, who come under the jurisdiction of the
state, are appointed by the President of india. Centre also dominates

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the States in regard to All India Services (AIS) like Indian
Administrative Services (IAS) and Indian Police Services (IPS).
Members of AIS are appointed by the President of India. The
Parliament may also create a new AIS, if the Rajya Sabha passes a
resolution by a 2/3rd majority of its members present and voting. The
manner of posting and promotion of the members of AIS is also
decided by the Centre. Disciplinary action against such officers can be
initiated by the UPSC alone. The Election Commissioner and the
Comptroller and Auditor General of India are the central government
employees and they do work for the states also. This reflects the state
governments are virtually run by the high officials of the Union
Government.
Provisions regarding Emergency
Articles 352, 356, and 360 provide for the emergency powers.
They are bestowed on the President of India to be exercised owing to
the existence of either condition, that is, when there is threat to
sovereignty of the nation or break down of constitutional machinery in
a State or financial instability and bankruptcy of any government
respectively. These powers are so sweeping in their effects that the
very nature of the Indian state gets altered into a purely unitary one.
Distribution of powers
Legislative Sphere
The legislatives powers are divided into three exhaustive lists,
as per the Seventh Schedule. These lists are Union List, State List, and
Concurrent List. The Union List included 97 subjects and now has 100
subjects. Some of these include defence, war & peace, railways,
foreign affairs, etc. The State list, which had 66 subjects initially and
now, has 61 subjects, such as public health, agriculture, police,
irrigation, prisons, etc. are the ones on, which the states are free to
legislate. The Concurrent List, which earlier had 47 subjects and now

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 duties on medicinal and toilet preparations containing alcohol
and opium.
 Taxes Levied and Collected by Union but Assigned to States
Article 269 of the Constitution provides for duties and taxes
that shall be levied and collected by the Union government but shall be
assigned to the States. These include estate duty in respect of property,
taxes on railway fares and freights, taxes on sale/purchase of
newspapers, and terminal taxes. Besides the above, there is also
provision of taxes, which are levied and collected by the Union but
distributed between centre and states such as taxes on income and
excise duty. There is a provision of grants-in-aid to the states. Articles
275 and 282 contain an elaborate system for conditional and
unconditional grants. Parliament may give grants-in-aid to the needy
States. The States can also make requests for borrowing for their
specific projects. Article 280 provides for a Finance Commission to be
appointed by the President at a five years interval. The Commission is
responsible for the assessment of needs of the States and, as per,
recommend for the financial assistance required. It makes
recommendations for the distribution of the proceeds of taxes between
the union and states. It also suggests the principles that should govern
the grantin-aid to the States.
Administrative and financial Relation
Administrative Relations
The administrative relations between the union and the states
may well be studied as under: (i) normal and (ii) emergency
conditions. The constitution has devised several techniques of control
to be exercised over the states by the Union government under normal
circumstances. The states shall not interfere with the legislative and
executive policies of the Union government.

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Techniques of Union control over States
In normal times:
Even in normal times, the Indian Constitution has devised
techniques of control over the states by the Union to ensure that the
state governments do not interfere with the legislative and executive
policies of the union and also to ensure the efficiency and strength of
each individual unit which is essential for the strength of the union.
Some of these avenues of control arise out of the executive and
legislative powers vested in the President, in relation to states. For
instance, the President of India has power to appoint and dismiss the
Governor, (Art. 155-156) and other dignitaries in the state, if they were
found guilty.
The President has also got some powers relating to the
legislation. His previous sanction to introduce legislation in the state
legislature (Art. 304); assent to specified legislation which must be
reserved for his consideration (Art. 31A), instruction of President is
required for the Governor to make ordinances relating to specified
matters (Art. 213), veto power in respect of other State bills reserved
by the Governor (Article 200).
Specific Agencies for Union Control
The fathers of Indian Constitution, in order to safeguard the
infant democracy of India provided several means to control
administrative affairs of the states. They are:
Directions to the State Governments
The Union Government is competent to give directions to a
state government and to secure compliance with such directions.
President‘s rule can be imposed, in case the State government fails to
comply with any directions issued by the union government in the
exercise of its executive powers.

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investigates and discusses subjects of common interest between the
union and states or between two or more states, for instance, research
in such matters as agriculture and forestry.
Grants-in-aid (Art. 275)
The Constitution of India has given the Parliament the power to
make such grants as it may deem necessary to give financial assistance
to any state which is in need of such assistance. By means of this, the
union can correct Inter-state disparities in financial resources and can
exercise control and co-ordination over the welfare schemes of the
states on a national scale. The Union government also provides for
specific grants for welfare of Scheduled Tribes and development of
tribal areas.
All India Services (Art. 312)
There are certain services common to the union and the states
called ‗All India Services‘, of which the Indian Administrative Service
and the Indian Police Service are the existing examples. "The
constitution also gives the power to create additional All India
Services, if the Council of States declares by a resolution supported by
not less than two-thirds of the members present and voting that is
necessary or expedient in the national interests‖.
Advisory bodies
There are a few advisory bodies at the union level which co-
ordinate the activities of the states in India, for example, National
Planning Commission (1950) and National Integration Council (1986).
In Emergencies
The Indian Constitution provides for three kinds of emergency
situations where the provisions available in the constitution can be
pressed into service. These three situations are related to imposition of
National Emergency (Art. 352) when there is war, threat of war or
internal rebellion. The second situation is related to the breakdown of

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the constitutional machinery in the state where the centre intervenes
through the President of India for the imposition of President‘s Rule in
the state under Article 356. The third situation is related to grave
financial crisis and there is need to impose Financial Emergency under
Article 360. The Government of India, under proclamation of
emergency, shall acquire the power to give directions to a state, on any
matter. Though the state government will not be suspended, but it will
be under the complete control of the union executive. During the
operation of emergency, Parliament shall have the power to legislate
on any matter in the State List. It can modify the provisions of the
constitution relating to the allocation of financial resources.
Financial Relations
Money is the life-blood of all governments without which they
could not function and undertake obligations to improve the lots of the
people. Since in a federal polity two sets of governments operate, it is
necessary that each of them has sufficient funds. It is well said that
―No system of federation can be successful unless both the union and
the states have at their disposal adequate financial resources to enable
them to discharge their respective responsibilities under the
Constitution‖. To achieve this, Indian Constitution has made elaborate
provisions relating to the distribution of the taxes as well as non-tax
revenue and the power of borrowing, supplemented by provisions for
grants-in-aid by the union to the states.
Principles underlying distribution of Tax Revenues
The Indian Constitution makes a distribution between the
legislative power to levy a tax and the power to appropriate the
proceeds of a tax so levied. In India, the powers of a Legislature in
these two respects are not identical.

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 Unit – IV
Union Government – President: Election – Powers and Functions –
Cabinet: Prime Minister – Parliament Composition, Powers and
functions- Process of lawmaking – Speaker – Parliamentary
Committees – Supreme Court of India:Composition, powers and
functions

Objectives
 To comprehend the structure and functioning of the Union
Government of India
 To evaluate the role of the President in various constitutional
functions
 To comprehend the composition, powers, and functions of the
Parliament of India

Union Governance
We quite often discuss about the President of India, the Prime
Minister, Ministers, bureaucrats, politicians and others. These
interactions happen in our homes, at our offices, tea-stalls, canteens
and even on street corners. Have you ever pondered over it and
wondered why do we discuss these people so often? It is because being
key functionaries of the government their views and actions, in one
way or the other, affect us. The government plays a critical role in
shaping the development and quality of life of the people of a country.
That is why, we want to know more about them. Since our country is a
federation, we have governments at the union and the state levels,
besides having local governments at the grassroot level, villages, cities
and towns. Both the Union and the State governments are organized
and function based on the principles of parliamentary system of
government. Accordingly, the Constitution of India has made elaborate
provisions for the structure and functioning of all the three branches of
the government, executive, legislature and judiciary. The President and
the Council of Ministers with the Prime Minister at its head constitute
the executive branch of the Union government. The Parliament is the

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legislative branch and the Supreme Court constitutes the judicial
branch. In this lesson, we shall discuss the structure and functioning of
these branches of the government.
The President
The illustration below is showing the Republic Day Parade.
We celebrate 26 January as Republic Day every year. India is known
as a Republic. Do you know why? It is because our Head of the State,
the President of India is elected. It is not so in Great Britain where the
Head of State happens to be either the King or the Queen. The office
there is hereditary.
Process of Election of the President
The President is indirectly elected by an Electoral College
which consists of the elected members of both the Houses of
Parliament as well as of State Legislative Assemblies. Moreover, the
elected members of the Legislative Assemblies of the Union
Territories of Delhi and Puducherry (earlier known as Pondicherry)
also participate in this election. The voting is by secret ballot. She/he is
elected according to the system of proportional representation by
means of the single transferable vote
Qualifications for election as President
In order to be qualified for election as President, a person must
 Be a citizen of India;
 Have completed the age of 35 years;
 Be qualified for being elected as a member of the House of the
People (Lok Sabha); and
 Not hold any office of profit under the government of India,
any State government or under any local authority or any other
authority of the said government.

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binding. This indicates that the Prime Minister and the Council of
Ministers are the real rulers in the government. All decisions are taken
by the Council of Ministers headed by the Prime Minister. The
President has the right to be informed of those decisions. Similarly, the
emergency provisions also do not grant any real powers to the
President. True. The President has been given the task of preserving,
protecting and defending the Constitution. He/She is the custodian of
the democratic process as enshrined in the Constitution. In uncertain
political situations, the President can play a decisive role in the
formation of government. There have been some occasions when the
President has asserted his/her position. However, in practice the
President acts as a nominal or constitutional head. It has rightly been
stated that in our constitutional system the President enjoys the highest
honour, dignity and prestige but not the real authority.
The Prime Minister
Do you know who was the first Prime Minister of India? Yes,
it was Chacha Nehru, that is, Jawahar Lal Nehru. How do you think he
felt when taking up this important post? Remember that India at that
time had just gained Independence from British rule. What were the
challenges he faced? Let us see, from his own words (written in his
book The Discovery of India): ―India is not a poor country. She is
abundantly supplied with everything that makes a country rich, and yet
her people are very poor…. India has the resources as well as the
intelligence, skill and capacity to advance rapidly.‖ He added, ―We
must aim at equality…. Not only must equal opportunities be given to
all, but special opportunities for educational, economic and cultural
growth must be given to backward groups so as to enable them to
catch up with those ahead of them. Any such attempt to open the doors
of opportunity to all in India will release enormous energy and ability
to transform the country with amazing speed.‖ Nehru felt a great sense

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Functions of the Prime Minister
Is it not interesting to note that the Constitution does not make
any specific provision for the powers of the Prime Minister, though
he/she is the most powerful functionary of the Union government? The
only provision in the Constitution is that the President shall exercise
his/her powers on the aid and advise of the Council of Ministers with
the Prime Minister at the head, and that advice will be binding. But in
practice, it is the Prime Minister who makes and unmakes the Council
of Ministers. It is on his/ her recommendations that the President
appoints the members of the Council of Ministers and distributes
portfolios among them. He/She presides over the meetings of the
Cabinet and communicates its decisions to the President. The Prime
Minister acts as the link between the President and the Council of
Ministers. If, due to any reason, he/she submits his/her resignation, the
entire Council of Ministers stands dissolved. As and when the
necessity arises, he/she may recommend to the President that the Lok
Sabha be dissolved and fresh general elections be held. In fact, the
Prime Minister is not only the leader of the majority party, or the
leader of the Parliament but he/she is also the leader of the nation.
His/Her office is the office of power, while that of the President is the
office of honour, respect and dignity. The Prime Minister is the Ex-
officio Chairman of the Planning Commission as well as of the
National Development Council. He/She represents the nation at the
international conferences as the head of the government.
The Union Council of Ministers
As you have noted above, the Constitution of India states that,
―There shall be a Council of Ministers with the Prime Minister at the
head to aid and advise the President who shall, in the exercise of his
functions, act in accordance with such advice, provided that the
President may require the Council of Ministers to reconsider such

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Position of the Prime Minister
In the background of the above discussion, it is obvious that the
Prime Minister occupies a key position in the Union government.
He/She is the ‗principal spokesperson‘ and defender of the policies of
the government in the Parliament. The Council of Ministers functions
as his/her team. The nation looks to him/her for needed policies and
programmes and required actions. All international agreements and
treaties with other countries are concluded with the consent of the
Prime Minister. He/She has a special status both in the government
and in the Parliament. The Prime Minister chooses his team (Council
of Ministers) very carefully and gets willing cooperation from them.
However, it is true that in a coalition government the Prime Minister
has to seek help from like-minded political parties. The experience of
the last ten to twelve years has shown that in such a scenario he/she
has to be very vigilant and diplomatic. He/She has to take major
decisions regarding defence and security of the country. He/She has to
formulate policies not only for providing better living conditions but
also to maintain peace, friendly relations with the neighbouring
countries. It is because of the facts mentioned above that the Prime
Minister is keystone of the cabinet arch.
Powers and Functions of Prime Minister of India
There is no direct election to the post of the Prime Minister.
The President appoints the Prime Minister. But the President cannot
appoint anyone he likes. He appoints the leader of the majority party
or the coalition of parties that commands a majority in the Lok Sabha,
as Prime Minister. In case no single party or alliance gets a majority,
the President appoints the person most likely to secure a majority
support. The Prime Minister does not have a fixed tenure. He
continues in power so long as he remains the leader of the majority
party or coalition. Article 74(1) of the Constitution states that there

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distributing the portfolios. His work is indeed a difficult one. As
Lowell points out. "His work is like that of constructing a figure out of
blocks which are too numerous for the purpose and which are not of
shapes fit perfectly together".
Chairman of the Cabinet Committee
The Prime Minister is the Chairman of the Cabinet Committee.
He convenes and presides over all the meetings of the Cabinet. He is to
fix the agenda of such meetings. The Ministers are individually
responsible to him for the good administration of their respective
departments. The Prime Minister may warn advice or encourage them
in discharge of their functions. He is the head of the Council of
Ministers. He acts as the Chairman of various standing and ad-hoc
Committees of the Cabinet.
Chief Co-ordinator of Policies
The Prime Minister is the chief co-ordinator of the policies of
several Departments. In case of conflicts between two departments, he
acts as the mediator. He irons out quarrels among various Ministers
and departments. He keeps an eye on the working of all Departments
of the Government of India. He can ask for any file from any Ministry
for his perusal. In case of appointment of Governors and other high
federal officers, the voice of the Prime Minister counts and not that of
the other Ministers. He is always vigilant regarding the working of the
important departments like the Finance, the Foreign Affairs and Home.
He also keeps close touch with foreign ambassadors and represents the
Union Government at the Conferences of Heads of Foreign
Governments.
Sole Adviser to the President
The Prime Minister is the sole adviser to the President. The
right to advice for dissolution of the Lok Sabha rests with Prime
Minister. The President is expected to accept the advice of the Prime

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dictatorial office. A person can remain Prime Minister only so long as
he follows democratic norms and values.
The Union Parliament
Do you recognise the institution in the illustration given
below? Yes, it is the Parliament House. The legislative branch of the
Union government is called the Parliament that consists of the
President and two Houses known as the House of the People (Lok
Sabha) and the Council of States (Rajya Sabha). It is important to
appreciate that making the President a part of the Parliament is in
conformity with the principles and traditions of the parliamentary form
of government. We shall now discuss the composition, powers and
functions of both the Houses of the Parliament.
Lok Sabha
Lok Sabha or the House of the People is the lower house. It is
the people‘s representative body. The members of the Lok Sabha are
directly elected by the people of India. The number of its members
cannot exceed 550. Out of these, 530 are directly elected by the people
of the States, and the remaining 20 members are elected from the
Union Territories. All the citizens who are 18 years of age and above
have the right to vote and elect the members of the Lok Sabha.
According to the Constitution if there is no member of the Anglo-
Indian Community in the Lok Sabha, the President can nominate two
persons of this community as members. When the elections are
announced, each State and Union Territory is divided into various
territorial constituencies based on population. These are known as
Parliamentary Constituencies. One representative to Lok Sabha is
elected from each of the constituencies The term of the Lok Sabha is
five years. However, it can be dissolved even earlier by the President.
During an emergency, its term can be extended for a period of one
year. Those who want to be a member of the Lok Sabha must (i) be a

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 Supreme Court and High Courts, both the Lok Sabha and the
Rajya Sabha have almost similar powers.
 Whereas in financial matters, the Lok Sabha has an upper hand,
it is only Rajya Sabha that may create a new All India Service
and declare a subject in the State List to be of national
importance.
 In view of the above comparison, Lok Sabha is definitely more
powerful than the Rajya Sabha. But it will not be appropriate to
state that the Rajya Sabha is not only the second chamber, but
also a secondary chamber. We have seen how important a role
Rajya Sabha also plays and there are certain functions which
only Rajya Sabha can perform.
The Supreme Court
Supreme Court of India
According to the Indian Constitution, the Supreme Court of
India is the highest judicial court in India and the ultimate court of
appeal. It is also the highest constitutional court with judicial review
authority. The first Supreme Court was established in Calcutta as a
superior court, and the first Chief Justice, Sir Elijah Impey, was
appointed. The court was formed to settle disputes in Bengal, Orissa,
and Patna. As a result, King George III founded the other two
Supreme Courts in Bombay and Madras in 1800 and 1834,
respectively.
The Supreme Court is our country‘s highest appeals court.
The people of India are announcing justice with its establishment. It
requires safeguarding the fundamental rights of the Citizens and also
settles disputes between various government authorities as well
between different levels of the government in the country. The
Supreme Court‘s authority is to provide a proper hearing in cases

144
involving the Indian Constitution. This court can also override the
legislature in the favour of basic structures of the Indian Constitution.
Law which is declared by the Supreme Court is binding for all
the courts present at all levels within India and also for Union and
State Governments. As per, Article 142 of the Indian Constitution, it
is the duty of the President of India to enforce decrees of the
Supreme Court, and the court is conferred with inherent jurisdiction.
History of Supreme Court
The Federal Court of India was established as per the
Government of India Act in 1935. This Court is important as it settles
the disputes between the provinces and the federal states and also
hears appeals against the judgments of the high courts.
After Independence, the Federal Court and also the Judicial
Committee of the Privy Council was replaced by what came to be
known as the Supreme Court of India, which came to be on January
1950. The Constitution of 1950 envisaged Supreme Court with one
Chief Justice and around 7 other Judges. The count of Judges in the
Supreme Court was increased by the Parliament and is around 34
judges now including the Chief Justice of India.
We have mentioned in the beginning of this lesson that the
Supreme Court represents the Union judiciary. But the structure and
functioning of the judicial branch is different from those of the
executive and the legislative branches. Do you have some idea or
experience of judicial actions? You may have heard at some point of
time that a case that began in the lower court was considered by the
courts at the district level, then by the High Court and ultimately by
the Supreme Court. This happens because India has a unified judiciary.
It means that there is a hierarchy of Courts, at the highest level of
which is the Supreme Court, then at the state level there are High

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 Unit – V
State Government: Role of the Governor - State Legislature – Cabinet-
High Courts

Objective
Objective
 To comprehend the structure and functioning of the State
Government in India
 To evaluate the role of the Governor in various constitutional
functions such as the appointment of the Chief Minister
 To comprehend the composition, powers, and functions of the
State Legislature

State and Government

Government is regarded as an essential element of the state. In
actual practice, the state is represented by the government.
Governments exercise all authority and functions on behalf of the
state. However, the terms 'state' and 'government' should not be used
synonymously. 'State' represents a wider and more stable entity than
'government'. As R.M. Maclver (The Web of Government; 1965) has
elucidated: When we speak of the state we mean the organization, of
which government is the administrative organ.
Every social organization must have a focus of administration,
an agency by which its policies are given specific character and
translated into action. But the organization is greater than the organ. In
this sense, the state is greater and more inclusive than government. A
state has a constitution, a code of laws, a way of setting up its
government, a body of citizens. When we think of this whole structure
we think of the state. Thus, so long as a state maintains its identity and
independence, governments may be formed and dissolved according to
the established procedure without affecting the character of the state.
But a state itself may lose its identity when it is suppressed and
conquered by an alien power and its constitution or the established
procedure of forming a legitimate government is suspended.

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Power & Role of Governor under Constitution of India
The post of governor of a state is of immense importance in our
political system. It is considered as one of the pivotal parts of ―checks
and balances‖ that our democracy is proud of. Powers and functions
bestowed upon the governors and lieutenant-governors of the states
and union territories of India are similar in nature to that of the
President of India at Union level. Being de jure head of the state
government, all its executive actions are taken in the governor's name.
While the President of India is ‗elected‘, the governor is ‗selected‘ by
the existing central government via imperative processes.
History of origin of office of Governor in India
The origin of the office of the Governor in India, as we know it
today, can be traced to the advent of the ―East India Company‖ to
India. The word ―Governor‖ is historically also associated to the
Portuguese ―Afonso de Albuqerque‖ who held the position of
Governor and Captain General in India in the year 1509.
Further, with the issuance of the charter of 1601 by Queen
Elizabeth –I, Governor was bestowed with the legislative powers to
make, ordain and constitute such laws, orders and ordinances as
required for the Governance of the East India Company.
With the transfer of power from the East India Company to the
British Crown through the Government of India Act, 1858 as enacted
by the British Parliament, the Governor General of India was granted
the power to issue ordinances and veto any Bill. The overriding
powers of the Governor General of India with respect to legislature
continued even after the enactment of the Government of India Act,
1935, which provided for a provincial executive consisting of the
Governor and Council of Ministers to advise him.
The Governor of a province was provided with 3 types of
powers:

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 the case of any unforeseen circumstances, holds the power to
make advances out of the State Contingency Fund.
 A prior recommendation of the Governor is necessary before
the introduction of any Money Bills or Demands for Grant.
 The Governor ensures that the annual financial statement or
State Budget is laid before the State Legislature.
Judicial Power
 As per Article 161, the Governor can grant pardons, reprieves,
respites or remission of punishments, or suspensions,
remittances or commutes of sentences of those convicted of an
offence to which the executive power of the State extends
 The Governor is consulted by the President, as well as the
Chief Justice of India, in the appointment of the Chief Justice
to the High Court, judges of the High and District Courts, their
postings and promotions.
Discretionary Power
 The Governor may recommend an imposition of the
President‘s Rule on the President‘s behalf and in such
circumstances, override the Council of Ministers and directly
handle the workings of the State.
 The Governor may exercise his function as the administrator of
adjoining Union Territory.
 The Governor holds the power to select the Chief Minister
should no political party win a majority in the Vidhan Sabha of
the state, or in the Chief Minister‘s demise without any obvious
successor.
State Legislature
India is a Union of States. It means that there is one Union
Government and several State Governments; It also means that Union
(Centre) is more powerful than States. At present there are 28 States in

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the Indian Union and each one of them has a Legislature. You have
already read in lesson no.11 about the Parliament of India, which is the
law making body at the Union level. The State Legislature is a law
making body at state level. In this Lesson you will read about the
composition of State Legislature, qualifications and election of their
members, powers and functions of the Legislature, and comparison of
the powers of two Houses of the Legislature.
Composition of The State Legislature
In most of the States, the Legislature consists of the Governor
and the Legislative Assembly (Vidhan Sabha). This means that these
State have unicameral Legislature. In a few States, there are two
Houses of the Legislature namely, Legislative Assembly (Vidhan
Sabha) and Legislative council (Vidhan Parishad) besides the
Governor.Where there are two Houses, the Legislature, is known as
bicameral. Five States have the bicameral, legislature. The Lagislative
Assembly is known as lower House or popular House. The Legislative
Council is known as upper House. Just as Lok Sabha has been made
powerful at the Union level, the Legislative Assembly has been made a
powerful body in the States.
Legislative Assembly (Vidhan Sabha)
There is a Legislative Assembly (Vidhan Sabha) in every State.
It represents the people of State. The members of Vidhan Sabha are
directly elected by people on the basis of universal adult franchise.
They are directly elected by all adult citizens registered as voters in the
State. All men and women who are 18 years of age and above are
eligible to be included in the voters‘ List. They vote to elect members
of State Assembly. Members are elected from territorial
constituencies. Every State is divided into as many (single member)
constituencies as the number of members to be elected. As in case of
Lok Sabha, certain number of seats are reserved for Scheduled Castes,

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on its own or at the request of two or more States, the Parliament can
enact laws on a specified subject of the State list. Fundamental rights
also impose limitations on the powers of the State Legislature. It
cannot make laws which violate the rights of the people. Any law
passed by the State Legislature can be declared void by the High Court
or Supreme Court if it is found unconstitutional as violate of the
fundamental rights.
Comparison of the two Houses of the State Legislature
Legislative Assembly (Vidhan Sabha) like the Lok Sabha,
occupies a dominant position. Legislative Council (Vidhan Parishad)
enjoys much less powers as compared to the powers of Vidhan Sabha
even in relation to ordinary bills. The Rajya Sabha at the Centre enjoys
equal powers in consideration of bills other than money bills; but
Vidhan Parishad enjoys much lesser powers as compared to the Rajya
Sabha.
The relative position of the Vidhan Sabha and Vidhan Parishad
is as under:
In Relation to Ordinary Bills
In case of the Parliament, if there is disagreement between the
two Houses over an ordinary bill, the President summons a joint sitting
of both the Houses and if the bill is passed there by the majority of
votes, the bill is taken as passed by both Houses of the Parliament. But
this provision of the joint sitting does not exist in the States. Although
an ordinary bill can originate in either House of the State Legislature,
yet both Houses have unequal powers. If a bill is passed in the Vidhan
Sabha, it is transmitted to the Vidhan Parishad for consideration. When
it is passed by Vidhan Parishad without any amendment, the bill is
sent to the Governor for his assent. In case, the bill is (a) rejected by
the Parishad or (b) more than three months elapsed without the bill
being passed by the Parishad, or (c) bill is passed with amendment to

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Electoral Functions
Only the elected members of the Vidhan Sabha are entitled to
participate in the election of the President of India. The members of
the Vidhan Sabha do so in their capacity as the members of the
Electoral College. But the members of the Vidhan Parishad are not
entitled to vote in the election of the President. Members of the Rajya
Sabha from each State are elected only by the members of Assembly
and not of the Council. The above discussion makes it clear that the
Vidhan Parishad is powerless and noninfluential House. It has become
a secondary House. Thus many States prefer to have unicameral
Legislature. But the Vidhan Parishad is not superflous. It serves as a
check on hasty Legislation made by Vidhan Sabha by highlighting the
short bills comings or defects of the bill. It lessens the burden of the
Vidhan Sabha, as some bill are initiated in the Vidhan Parishad.
High Courts
You have already read about the role of India‘s highest Court
called the Supreme Court. Just below the Supreme Court, there are
High Courts which are the highest courts of law in States. The High
Courts are part of the Indian judiciary, and function under the
supervision, guidance and control of the Supreme Court. As highest
court in the State, a High Court supervises the subordinate courts in
the State. The High Courts are mainly courts of appeal. These Courts
hear appeals from numerous subordinate courts working at district
level. The system of appointment of judges, their qualifications and the
working of subordinate courts is under the direct control and
supervision of the High Court of the State concerned. In this lesson
you will read about the State High Courts. You will also get an idea of
subordinate courts, including the District and Session Courts.

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The State High Courts
At present there are 21 High Courts for 28 States and seven
Union Territories. The High Courts are the highest courts at State
level, but being part of integrated Indian judiciary they work under the
superintendence, direction and control of the Supreme Court.
There is a High Court for each State. However, there can be a
common High Court for two or more States. For example, the States of
Punjab and Haryana and the Union Territory Structure of Government
of Chandigarh have a common High Court situated at Chandigarh.
Similarly, the High Court of Guwahati is common for seven
northeastern States of Assam, Nagaland, Manipur, Meghalaya,
Mizoram, Tripura and Arunachal Pradesh. Delhi, though not a State,
has its own separate High Court. Every High Court has a Chief Justice
and a number of judges. The number of judges varies from State to
State. The number of judges of each High Court is determined by the
President.
The judges of the High Courts are appointed by the President
of India. While appointing Chief Justice of a High Court, the President
has to consult the Chief Justice of the Supreme Court and the
Governor of the State concerned. While appointing other judges, the
President consults the Chief Justice of the Supreme Court, the Chief
Justice of the High Court and Governor of the State concerned. The
judges can be transferred from one High Court to another by the
President. As mentioned earlier, consultation with the Chief Justice of
the Supreme Court in respect of appointments and transfers of the
judges of the High Court is also obligatory and binding for the
President. While the constitutional status of the President remains
intact, the actual selection of judges is made by a team of senior judges
of the Supreme Court, headed by the Chief Justice of India in
accordance with 1993 ruling as reinterpreted in 1999 by the Supreme

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