Indian constitution

(3130007)
-Prepared by
Prof Akruti Dave
CE Department,AIT
 Unit Topic

1 Meaning of the constitution law

and constitutionalism

2 History of Indian Constitution

3 Salient features and

characteristics of the
Constitution of India

4 Fundamental rights

5 Right to Equality under Article – 14

6 Right to certain Freedom under

Article 19

7 Scope of the Right to Life and

Personal Liberty under Article 21
 Unit Topic

8 Fundamental Duties and its legal

status

9 The Directive Principles of State

Policy – Its importance and
implementation

10 Federal structure and

distribution of legislative and
financial powers between the
Union and the States

11 Parliamentary Form of Government

in India – The constitution powers
and status of the President of India

12 Powers and Procedure for

Amendments in Indian
Constitution
 Unit Topic

13 History of amendments in Indian

Constitutional

14 Emergency Provisions : National

Emergency, President Rule,
Financial Emergency

15 Local Self Government –

Constitutional Scheme in India
 Unit 1: Meaning of Constitutional Law
and Constitutionalism
Constitution : it is set of rules that prescribe the structure and functions of a
government in a specified territory.

They are used to :

1) Create Format of specification : Power exercise

2) Allocation of power
3) Imposing constraints on government for establishing powers
4) Provision of Legitimacy to government
5) Anticipate events and make provisions for the protocols in those events
 Narrow meaning of constitution
A document having a special legal status which sets out the framework and
principal functions of the organs of a government within the state and declares
the principles for them.

Wider meaning of constitution:

The whole system of a government of a country ,the collection of rules which
establish and regulate or govern the government.
 Constitution has also been defined as:
Basic norm of the state

System of integration and organization of norms and laws

Organization of the government

 Constitutional Law:

Within a stable democracy ,constitutional law reflects the value that people
attach to orderly human relations,to individual freedom under the law and to
institutions such as parliament,political parties ,free elections and a free press.

Constitutionalism:

It is a system of governance in which the power of the government is limited by

laws ,checks and balances, in order to reconcile authority with individual and
collective freedoms.
Imp questions from Unit
1:
1) What is constitution?(NARROW AND WIDE MEANING OF CONSTITUTION)

2) State application of constitution.

3) Meaning of constitutionalism and constitution law.

Unit 2: Historical perspective of
constitution of India
● History of constitution in India
● Elements of constitution of India
 History of constitution in India
Important acts
1. Regulating Act 1773
2. Pitt’s India Act 1784
3. Charter Act of 1813
4. Charter Act of 1833
5. Charter Act of 1853
6. Government of India Act 1858
7. Indian Councils Act 1861
8. India Councils Act 1892
9. Morley-Minto Reforms 1909
10. Montague-Chelmsford Reforms 1919
11. Government of India Act 1935
12. Indian Independence Act 1947
 ACTS PROVISIONS

Regulating Act 1773 ❏ The first step was taken by the British Parliament to
control and regulate the affairs of the East India
Company in India.
❏ It designated the Governor of Bengal (Fort William) as the
Governor-General (of Bengal).
❏ Warren Hastings became the first Governor-General of
Bengal.
❏ Executive Council of the Governor-General was
established (Four members). There was no separate
legislative council.
Pitt’s India Act 1784 ❏ Distinguished between commercial and political functions of the
company.
❏ Court of Directors for Commercial functions and Board of
Control for political affairs.
❏ Reduced the strength of the Governor General’s council to three
members.
 ACTS PROVISIONS

Charter Act of 1813 ❏ The Company’s monopoly over Indian trade terminated; Trade
with India open to all British subjects..

Charter Act of 1833 ❏ Governor-General (of Bengal) became the

Governor-General of India.
❏ First Governor-General of India was Lord William Bentick.
❏ This was the final step towards centralization in British
India.
❏ Beginning of a Central legislature for India as the act also took
away legislative powers of Bombay and Madras

Charter Act of 1853 ❏ The legislative and executive functions of the

Governor-General’s Council were separated.
 ACTS PROVISIONS

Government of India Act 1858 ❏ The rule of Company was replaced by the rule of the
Crown in India.
❏ The powers of the British Crown were to be exercised by
the Secretary of State for India
❏ He was assisted by the Council of India, having 15
members
Indian Councils Act 1861 ❏ It introduced for the first time Indian representation in the
institutions like Viceroy’s executive+legislative council
(non-official). 3 Indians entered the Legislative council.
❏ Legislative councils were established in Center and
provinces.

India Councils Act 1892 ❏ Introduced indirect elections (nomination).

❏ Enlarged the size of the legislative councils.
❏ Enlarged the functions of the Legislative Councils and gave
them the power of discussing the Budget and
addressing questions to the Executive.
 ACTS PROVISIONS

Morley-Minto Reforms 1909 ❏ Direct elections to legislative councils; first attempt at

introducing a representative and popular element.
❏ It changed the name of the Central Legislative Council to
the Imperial Legislative Council.
❏ The member of the Central Legislative Council was
increased to 60 from 16.
❏ Introduced a system of communal representation for
Muslims by accepting the concept of ‘separate
electorate’.
❏ Indians for the first time in Viceroy's executive council.
Montague-Chelmsford ❏ The Central subjects were demarcated and separated from
Reforms 1919 those of the Provincial subjects.
❏ The scheme of dual governance, ‘Dyarchy’, was
introduced in the Provincial subjects.
❏ Under the dyarchy system, the provincial subjects were
divided into two parts – transferred and reserved. On
reserved subjects, Governor was not responsible to the
Legislative council.
❏ The Act introduced, for the first time, bicameralism at the
center.
 ACTS PROVISIONS

Government of India Act ❏ The Act provided for the establishment of an All-India
1935 Federation consisting of the Provinces and the Princely
States as units, though the envisaged federation never
came into being.
❏ Three Lists: The Act divided the powers between the
Centre and the units into items of three lists, namely the
Federal List, the Provincial List and the Concurrent List.
❏ The Federal List for the Centre consisted of 59 items, the
Provincial List for the provinces consisted of 54 items
and the Concurrent List for both consisted of 36 items
❏ The residuary powers were vested with the
Governor-General.

Indian Independence Act ❏ It declared India as an Independent and Sovereign State.

1947 Established responsible Governments at both the
❏ Centre and the Provinces.
 Elements of constitution of
India

1. Preamble
2. Parts
3. Articles
4. Schedules
5. Appendices
 Preambl
e:
The Preamble to the Constitution of India is a
brief introductory statement that sets out
guidelines, which guide the people of the
nation, and to present the principles of the
Constitution, and to indicate the source from
which the document derives its authority, and
meaning.
★ Parts & Articles:
Parts Name Articles

Part I Union and its Territory 1 to 4

Part II Citizenship 5 to 11

Part III Fundamental Rights 12 to 35

Part IV Directive Principles of State Policy 36 to 51

Part IVA Fundamental Duties 51A

Part V The Union 52 to 151

Part VI The States 152 to 237

 Parts Name Articles

States in the B part of the First

schedule (repealed by 7th
Part VII
Amendment)

Part VIII The Union Territories 239 to 242

Part IX The Panchayats 243 to 243O

Part IXA The Municipalities 243P to 243ZG

Part IXB The Co-operative Societies 243ZH to 243ZT

Part X The scheduled and Tribal Areas 244 to 244A

Part XI Relations between the Union 245 to 263

and the States
 Parts Name Articles

Part XII Finance, Property, Contracts and 264 to 300A

Suits

Part XIII Trade and Commerce within the 301 to 307

territory of India

Part XIV Services Under the Union, the 308 to 323

States

Part XIVA Tribunals 323A to 323B

Part XV Elections 324 to 329A

Special Provisions Relating to

Part XVI certain Classes 330 to 342

Part XVII Languages 343 to 351

 Parts Name Articles

Part XVIII Emergency Provisions 352 to 360

Part XIX Miscellaneous 361 to 367

Part XX Amendment of the Constitution 368

Temporary, Transitional and

Part XXI 369 to 392
Special Provisions

Part XXII Short title, date of 393 to 395

commencement, etc.
★ Schedules: Schedule Contains
They are the
lists in the First Schedule Lists the states and territories of India (also
constitution about their changes)
that
categorize Lists the salaries of officials holding public
and tabulate Second Schedulea office, Presidents, judges, and Comptroller and
bureaucratic Auditor General of India

activity and
policy of the Third Schedule Forms of oaths and Affirmations of offices for

government. elected officials including judges

Fourth Schedule Allocation of seats in the Rajya Sabha (the

Upper House of Parliament) per State or
Union Territory
 Schedule Contains

Fifth Schedule Provisions as to the Administration and Control of

Scheduled Areas and Scheduled Tribes

Sixth Schedule Provisions as to the Administration of Tribal Areas in

the States of Assam, Meghalaya, Tripura, and
Mizoram

Seventh Schedule The Union (central government), state, and

concurrent lists of responsibilities

Eight Schedule The Languages

Ninth Schedule Validation of certain Acts and Regulations

 Schedule Contains

Tenth Schedule "Anti-defection" provisions for the Members of

Parliament and the Members of the State Legislatures

Eleventh Schedule Panchayat Raj (rural local government)

Twelfth Schedule Municipalities (urban local government)

★ Appendices

They are extensions of the constitution.There are 5 appendices in indian

constitution.
 IMP Questions from UNIT-2:
1. Show the outline of important acts in history of constitution of India.
2. Explain the elements of constitution of India.
 Unit -3: Salient Features/characteristics of
the Constitution of India
1. Written & bulky document
2. Federal policy
3. Parliamentary System of government
4. Fundamental rights
5. Directive principles of state policy
6. Not a very rigid constitution
7. Independent judiciary
8. Single citizenship
9. Sovereign democratic republic
10. Secularistic principles
11. Bicameral legislature
12. Official languages
13. Universal adult franchise
14. Emergency provisions
15. Synthesis of parliamentary sovereignty and judicial supremacy
 Imp Questions
1. Enlist the features/characteristics of constitution of India.
2. Explain any 5 features/characteristics of constitution of India.
UNIT 4 TO 7 : Fundamental Rights
UNIT TOPICS

4 Fundamental Rights(ARTICLE 12 TO 35)

5 Right to Equality under Article – 14

6 Right to certain Freedom under Article 19

7 Scope of the Right to Life and Personal Liberty

under Article 21
 Fundamental Rights(PART-III of the constitution)
Articles 12-35 of Indian Constitution deal with Fundamental Rights. These human rights are conferred on
the citizens of India through laws passed by Legislature.They are constitutionally statutory inviolable rights.

1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights
6. Right to Constitutional Remedies
7. Right to Privacy
1. Right to Equality (Articles 14 – 18)

Right to equality guarantees equal rights for everyone irrespective of religion, gender, caste, race or place of birth.

Article Brief description

Article 14 The State shall not deny to any person equality before the law or the equal protection of the laws within the territory
of India.(equality before law)

Article 15 The State shall not discriminate against any

citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

Article 16 There shall be equality of opportunity for all

citizens in matters relating to employment or appointment to any office under the State.

Article 17 Abolition of untouchability

Article 18 Abolition of all titles except military and academic

 Equality before the law (Article 14)

Article 14 treats all people the same in the eyes of the law.
● This provision states that all citizens will be treated equally before the law.
● The law of the country protects everybody equally.
● Under the same circumstances, the law will treat people in the same manner
 Prohibition of discrimination (Article 15)
● No citizen shall, on grounds only of race, religion, caste, place of birth, sex or any of them, be
subject to any liability, disability, restriction or condition with respect to:

● Access to public places

● Use of tanks, wells, ghats, etc. that are maintained by the State or that are meant for the
general public
● The article also mentions that special provision can be made for women, children and the
backward classes notwithstanding this article.
 Equality of opportunity in matters of public employment (Article 16)

Article 16 provides equal employment opportunities in State service for all citizens.

● No citizen shall be discriminated against in matters of public employment or appointment on

the grounds of race, religion, caste, sex, place of birth, descent or residence.

● Exceptions to this can be made for providing special provisions for the backward classes.

Abolition of untouchability (Article 17)

Article 17 prohibits the practice of untouchability.
● Untouchability is abolished in all forms.
● Any disability arising out of untouchability is made an offence.
 Abolition of titles (Article 18)

Article 18 abolishes titles.

● The State shall not confer any titles except those which are academic or military
titles.
● The article also prohibits citizens of India from accepting any titles from a foreign
State.
● The article abolishes the titles that were awarded by the British such as Rai
Bahadur, Khan Bahadur, etc.
● Awards like Padma Shri, Padma Bhushan, Padma Vibhushan, Bharat Ratna and
military honours like Ashok Chakra, Param Vir Chakra do not belong to this
category.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution
guarantees the freedom to citizens. The freedom right includes many rights such as:

Article Brief description

Article 19 Protection of 6 rights concerning the freedom of:

1. Freedom of speech
2. Freedom of expression
3. Freedom of assembly without arms
4. Freedom of association
5. Freedom to practise any profession
6. Freedom to reside in any part of the country

Article 20 Protection with respect to conviction for offences

Article 21 Right to life and personal liberty

Article 21A Right to elementary education

Article 22 Protection against arrest and detention in certain cases

 Article 19 :Right to certain Freedom under Article 19
● Freedom of speech and expression: The State guarantees freedom of speech and expression to every person of India. However,
the State can impose restrictions on the freedom of speech and expression in the interests of the integrity, security and sovereignty
of the country, friendly relations with foreign nations, for public order, with respect to defamation, incitement to offence or
contempt of court.
● Freedom to assemble: The State guarantees every person the freedom to assemble peacefully without arms. However, as above,
reasonable restrictions can be imposed in the interests of the sovereignty and integrity of the country and public order.
● Freedom to form associations/unions/cooperative societies: Again, the State can impose restrictions in the interests of the
integrity, security and sovereignty of the country, friendly relations with foreign nations, for public order, with respect to defamation,
incitement to offence or contempt of court. This freedom gives workers the right to form trade union, which is thus a fundamental
right.
1. The Police Forces (Restriction of Rights) Act, 1966 prohibits police personnel from forming trade unions.
2. The Constitution also allows the Parliament to pass a law restricting the right to form political association to members of
the armed forces, intelligence bureaus, persons employed with telecommunication system.
● Freedom to move freely: A citizen of India can move freely throughout the territory of India.
But this right can also be restricted on the grounds of security, public order or for protecting the
interests of the Scheduled Tribes.
● Freedom of residence: Citizens of India have the right to reside in any part of the country.
Although restrictions can be imposed on the grounds of security, public order or for protecting
the interests of the Scheduled Tribes.
● Freedom of profession: All citizens have the right to carry on any trade or
profession/occupation, provided the trade or occupation is not illegal or immoral. Also, the law
does not prevent the State from making laws related to technical or professional qualifications
required for practicing the occupation or trade.
 Right to life and personal liberty

Article 21
Article 21 states that no person shall be deprived of his life and personal liberty by the State except as per the
procedure established by law. This article has a wide scope and its interpretation has undergone many changes over
the decades.

● The Supreme Court has interpreted the right to life as the right to a dignified life.
● This is the most important right in one sense, because, without this right to life, all other fundamental rights
would be meaningless.

● It is this article that differentiates between a police state and a constitutional state.

Article 21(A)

This article was introduced by the 86th Constitutional Amendment in 2002. It provides that the State shall provide
free and compulsory education to all children between the ages of 6 and 14.
3. Right against Exploitation(Article 23-24)
The Right against Exploitation is enshrined in Articles 23 and 24 of the Indian Constitution. These are important
Fundamental Rights that guarantee every citizen protection from any kind of forced labour

Article Brief description

Article 23 Prohibition of traffic in human beings and forced labour

Article 23(1) Traffic in human beings and begar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be an offence punishable in
accordance with the law.

Article 23(2) Nothing in this article shall prevent the State from imposing compulsory service for public
purposes, and in imposing such service the State shall not make any discrimination
on grounds only of religion, race, caste or class or any of them.

Article 24 Prohibition of employment of children in factories, etc.

4.Right to Freedom of Religion: (Article 25-28)

The Constitution of India guarantees the right to freedom of religion to not only individuals but also religious
groups in India. This is enshrined in Articles 25 to 28.

Article Brief description

Article 25 Freedom of conscience and free profession, practice and

propagation of religion

Article 26
Freedom to manage religious affairs

Article 27 Freedom as to payment of taxes for promotion of any particular

religion

Article 28 Freedom as to attendance at religious instruction or religious

worship in certain educational institutions
5 . Cultural and Educational Rights(Article 29-30)

These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their
heritage and culture. Educational rights are for ensuring education for everyone without any discrimination.

Article Brief description

Article 29 Protection of Interests of Minorities

Article 29(1) This provides all citizen groups that reside in India having a distinct culture, language
and script, the right to conserve their culture and language. This right is an absolute right and
there are no ‘reasonable restrictions’ in the interest of the general public here.

Article 29(2) The State shall not deny admission into educational institutes maintained by it or those
that receive aids from it, to any person on the basis of race, religion, caste, language,
etc. This right is given to individuals and not any community.

Article 30 Right of Minorities to Establish and Administer Educational Institutions

 6. Right to Constitutional Remedies (Article 32):

The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe
upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts. Citizens
can even go directly to the Supreme Court which can issue writs for enforcing fundamental rights.

Writs are written order issued by the Supreme Court of India to provide constitutional remedies in
order to protect the fundamental rights of citizens from a violation.

Type of Writs
The Constitution empowers the Supreme Court and High Courts to issue orders or writs.
The types of writs are:
1. Habeas Corpus
2. Certiorari
3. Prohibition
4. Mandamus
5. Quo Warranto
 Writs under Article 32
Type of Writ Meaning of the word Purpose of issue

Habeas Corpus You may have the body To release a person who has
been detained unlawfully
whether in prison or in private
custody.
Mandamus We Command To secure the performance of
public duties by lower court,
tribunal or public authority.
Certiorari To be certified To quash the order already
passed by an inferior court,
tribunal or quasi judicial
authority.
Prohibition - To prohibit an inferior court from
continuing the proceedings in a
particular case where it has no
jurisdiction to try.
Quo Warranto What is your authority? To restrain a person from
holding a public office which he is
not entitled.
 IMP QUESTIONS FROM UNIT 4 TO 7
1. Explain fundamental rights guaranteed by the constitution of India.
2. Explain right to equality.
3. Explain right to freedom.
4. Explain article 21.
Unit -8: Fundamental duties and its legal
status
❏ The Fundamental Duties' are defined as the moral obligations of all citizens to help
promote a spirit of patriotism and to uphold the unity of India.
❏ The fundamental duties of citizens were added to the constitution by the 42nd Amendment in
1976, upon the recommendations of the Swaran Singh Committee that was constituted by the
government earlier that year.
❏ Originally ten in number, the fundamental duties were increased to eleven by the 86th
Amendment in 2002, which added a duty on every parent or guardian to ensure that their
child or ward was provided opportunities for education between the ages of six and fourteen
years
The fundamental duties noted in the constitution under article 51A (Part-iv) are as below:
It shall be the duty of every citizen of India :-
1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National
Anthem;
2. To cherish and follow the noble ideals which inspired our national struggle for freedom;
3. To uphold and protect the sovereignty, unity and integrity of India;
4. To defend the country and render national service when called upon to do so;
5. To promote harmony and the spirit of common brotherhood amongst all the people of India transcending
religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity
of women;
6. To value and preserve the rich heritage of our composite culture;
7. To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have
compassion for living creatures;
8. To develop the scientific temper, humanism and the spirit of inquiry and reform;
9. To safeguard public property and to abjure violence;
10. To strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement;
11. Who is a parent or guardian, to provide opportunities for education to his child, or as the case may be,
ward between the age of six to fourteen years.
 Nature of Fundamental duties
● The Fundamental Duties are defined as the moral obligations of all citizens to help promote
a spirit of patriotism and to uphold the unity of India.
● These duties, set out in Part IV–A of the Constitution concern individuals and the nation.
Citizens are morally obligated by the Constitution to perform these duties.
● The Fundamental Duties are however, not legally enforceable, i.e. without any legal sanction
in case of their violation or non-compliance.
 Imp questions
1. Enlist the fundamental duties of every indian citizen.
2. Discuss about the legal status of fundamental duties.
Unit 9 - The Directive Principles of State
Policy(DPSP) -Its importance and implementation

● The Directive Principles of State Policy of India (DPSP) are the guidelines or 15
principles given to the federal institutes governing the State of India, to be kept in citation
while framing laws and policies.

● These provisions, contained in Part IV (Article 36–51) of the Constitution of India, are not
enforceable by any court, but the principles laid down there in are considered in the
governance of the country, making it the duty of the State.
 Classification of DPSP
1. Socialist Principles
2. Gandhian Principles
3. Liberal-Intellectual Principles
 1. Socialist Principles
Definition: They are the principles that aim at providing social and economic justice and set the path towards the welfare
state. Under various articles, they direct the state to:

Article 38 Promote the welfare of the people by securing a

social order through justice—social, economic and
political—and to minimise inequalities in income,
status, facilities and opportunities

Article 39 Secure citizens:

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

Article 41 In cases of unemployment, old age, sickness and

disablement, secure citizens:
● Right to work
● Right to education
● Right to public assistance,

Article 42 Make provision for just and humane conditions of

work and maternity relief

Article 43 Secure a living wage, a decent standard of living and social

and cultural opportunities for all workers

Article 43A Take steps to secure the participation of workers in the

management of industries

Article 47 Raise the level of nutrition and the standard of living of

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

Article 40 Organise village panchayats and endow them with

necessary powers
and authority to enable them to function as units of self-
government

Article 43 Promote cottage industries on an individual or co-

operation basis in rural areas

Article 43B Promote voluntary formation, autonomous

functioning, democratic control and professional
management of co-operative societies
CONTD...
Article 46 Promote the educational and economic interests of SCs,
STs, and other weaker sections of the society and to
protect them from social injustice and exploitation

Article 47 Prohibit the consumption of intoxicating drinks and

drugs which are injurious to health

Article 48 Prohibit the slaughter of cows, calves and other milch and
draught cattle and to improve their breeds
Principles
Definition: These principles reflect the ideology of liberalism. Under various articles, they direct the state to:

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

Article 45 Provide early childhood care and education for all

children until they complete the age of six years

Article 48 Organise agriculture and animal husbandry on

modern and scientific lines

Article 49 Protect monuments, places and objects of artistic or

historic interest which are declared to be of national
importance
CONTD..

Article 50 Separate the judiciary from the executive in the public

services of the State

Article 51 ● Promote international peace and security and

maintain just and honourable relations between
nations
● Foster respect for international law and treaty
obligations
● Encourage settlement of international
disputes by arbitration
42nd Amendment Act, 1976 added four new Directive Principles in the list:

Article New DPSPs

Article 39 To secure opportunities for the healthy development of children

Article 39A To promote equal justice and to provide free legal aid to the poor

Article 43A To take steps to secure the participation of workers in the management of industries

Article 48A To protect and improve the environment and to safeguard forests and wildlife
Feature of Directive principles of
state policy(DPSP)
1. DPSP are some instruction to the state for achieving socio-economic
development
2. They are not enforceable in the court
3. DPSP are positive in nature:They increase power and function of the state
4. It aims at establishment of a welfare state by securing social and economic
justice
5. DPSP are indispensable for socio-economic development of our country
6. They have great moral values
7. They constitute the mirror of public opinion
8. They are fundamental in the governance of the country.
9. The state should follow these principles for progress of the country
 IMP Questions from UNIT-9:
1. Explain Directive principles of state policy(DPSP) with its classification.
2. Enlist features of DPSP.
 Unit 10: Federal structure and distribution of legislative and financial
powers between the Union and the States

Federal system

1. Legislative relations
2. Administrative relations
3. Financial relations
 Federal system
● Federalism in India refers to relations between the Centre and states of Union of India. The
Constitution of India establishes structure of the Indian government.
● Part XI of the Indian constitution specifies the distribution of legislative, administrative and
executive powers between the union government and the States of India.
● The legislative powers are categorised under a Union List, a State List and a Concurrent List,
representing, respectively, the powers conferred upon the Union government, those conferred
upon the State governments and powers shared among them.

● This federalism is symmetrical in that the devolved powers of the constituent units are

envisioned to be the same.

Features of federal
government:
1. Two or more levels of government
2. Constitutional status
3. Supremacy of the constitution
4. Independent judiciary
5. Financial autonomy
6. Distribution of powers

In indian federal set up the constitution divides powers between center and
states into three parts.

● Legislative relations(Article 245-255)

● Administrative relations(Article 256-263)
● Financial Relations(Article 268-293)
 Legislative relations(Article 245-255)
● Articles 245 to 255 describe Legislative relations.
● Article 245 (1) states that Subject to the provisions of this Constitution, Parliament may
make laws for the whole or any part of the territory of India, and the Legislature of a State
may make laws for the whole or any part of the State.
● Article 245 (2) states that no law made by Parliament shall be deemed to be invalid on the
ground that it would have extra-territorial operation.
● Article 246 states that the Parliament has exclusive power to make laws with respect to any
of the matters enumerated in List I (i.e. Union List) and List III (i.e. Concurrent List) of the
Seventh Schedule.
● Article 248 states that the Parliament has exclusive power to make any law with respect to
any matter not enumerated in the Concurrent List or State List.
 CONTD..
Article 249 in The Indian Constitution:Power of Parliament to legislate with respect to a
matter in the State List in the national interest
(1) Notwithstanding anything in the foregoing provisions of this Chapter, if the Council of States has declared
by resolution supported by not less than two thirds of the members present and voting that it is necessary or
expedient in national interest that Parliament should make laws with respect to any matter enumerated in the
State List specified in the resolution, it shall be lawful for Parliament to make laws for the whole or any part of
the territory of India with respect to that matter while the resolution remains in force.

(2) A resolution passed under clause ( 1 ) shall remain in force for such period not exceeding one year as may be
specified therein: Provided that, if and so often as a resolution approving the continuance in force of any such
resolution is passed in the manner provided in clause ( 1 ), such resolution shall continue in force for a further
period of one year from the date on which under this clause it would otherwise have ceased to be in force.

(3) A law made by Parliament which Parliament would not but for the passing of a resolution under clause ( 1 )
have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a
period of six months after the resolution has ceased to be in force, except as respects things done or omitted to
be done before the expiration of the said period.
CONTD.....
Article 250 states that notwithstanding anything in this Chapter, Parliament shall, while a Proclamation
of Emergency is in operation, have power to make laws for the whole or any part of the territory of
India with respect to any of the matters enumerated in the State List.

Article 251: Inconsistency between laws made by Parliament under articles 249 and 250 and laws made
by the Legislatures of States.

Article 252: Power of Parliament to legislate for two or more States by consent and adoption of such
legislation by

Article 253: Legislation for giving effect to international agreements

Article 254: Inconsistency between laws made by Parliament and laws made by the Legislatures of
States.

Article 255: Requirements as to recommendations and previous sanctions to be regarded as matters of

procedure only
2. Administrative Relations
● Articles 255 to 263 describe Legislative relations.
● Article 256 states that the executive power of every State shall be so exercised as to ensure
compliance with the laws made by Parliament and any existing laws which apply in that State,
and the executive power of the Union shall extend to the giving of such directions to a State as
may appear to the Government of India to be necessary for that purpose.
● Article 257 (1) states that the executive power of every State shall be so exercised as not to impede
or prejudice the exercise of the executive power of the Union, and the executive power of the
Union shall extend to the giving of such directions to a State as may appear to the Government of
India to be necessary for that purpose.
● Article 258 (2) states that a law made by Parliament which applies in any State may,
notwithstanding that it relates to a matter with respect to which the Legislature of the State has no
power to make laws, confer powers and impose duties, or authorize the conferring of powers and
the imposition of duties, upon the State or officers and authorities thereof.
Contd..
● Article 261 (3) states that final judgments or orders delivered or passed by civil
courts in any part of the territory of India shall be capable of execution anywhere
within that territory according to law.
● Article 262 (1) states that Parliament may by law provide for the adjudication of
any dispute or complaint with respect to the use, distribution or control of the
waters of, or in, any inter-State river or river valley.
● Article 262 (2) states that notwithstanding anything in this Constitution,
Parliament may be law provide that neither the Supreme Court nor any other
court shall exercise jurisdiction in respect of any such dispute or complaint as is
referred to in clause (1).
Relations:
List of All the Articles related to the centre-state financial relations are as below:

Article No. Article summary

268. Duties levied by the Union but collected and appropriated by the states

268A. Service tax levied by Union and collected and appropriated by the
Union and the states

269. Taxes levied and collected by the Union but assigned to the states

270. Taxes levied and distributed between the Union and the states

271. Surcharge on certain duties and taxes for purposes of the centre

272. Taxes which are levied and collected by the Union and may be
distributed between the Union and the states
Article No. Article summary

273. Grants in lieu of export duty on jute and jute products

274. Prior recommendation of President required to bills affecting taxation in which

states are interested

275. Grants from the Union to certain states

276. Taxes on professions, trades, callings and employments

277. Savings

278. Agreement with states in Part B of the First Schedule with regard to certain
financial matters (Repealed)

279. Calculation of “net proceeds”, etc.

Article No. Article summary

280. Finance Commission

281. Recommendations of the Finance Commission

282. Expenditure defrayable by the Union or a state out of its revenues

283. Custody, etc., of Consolidated Funds, Contingency Funds and moneys

credited to the public accounts.

284. Custody of suitors’ deposits and other moneys received by public

servants and courts

285. Exemption of property of the Union from state taxation

286. Restrictions as to imposition of tax on the sale or purchase of goods

Article No. Article summary

287. Exemption from taxes on electricity

288. Exemption from taxation by states in respect of water or electricity in certain

cases

289. Exemption of property and income of a state from Union taxation

290. Adjustment in respect of certain expenses and pensions

290A. Annual payment to certain Devaswom Funds

291. Privy purse sums of Rulers (Repealed)

292. Borrowing by the Government of India

293. Borrowing by states

 IMP Questions from Unit 10
1. Explain federal structure of India.
2. Explain the legislative relations,administrative relations and financial
relations of India.
 UNIT 11: Parliamentary Form of Government in India – The constitution powers
and status of the President of India

● Parliamentary system
1. Rajya sabha
2. Lok sabha
● Merits & demerits of parliamentary system
● Status of president
Parliamentary system

A parliamentary system or parliamentary democracy is a system of democratic governance of a state

where the executive derives its democratic legitimacy from its ability to command the confidence of
the legislature, typically a parliament, and is also held accountable to that parliament.
 Comparison between Lok Sabha and Rajya Sabha

Difference Lok Sabha Rajya Sabha

What it is House of People Council of States

called?

What is the House of People, where people who are Council of States, where the representatives are indirectly elected by the
meaning of the qualified to vote can elect their elected representative of the Assemblies of States and Union Territories
name? representative by way of direct elections

What is the It continues for 5 years It is a permanent body.

tenure of the Note: It can be dissolved earlier by
house? passing no-confidence motion
Who heads Speaker Vice President of India as the Chairman of the house
the house?

What is the 25 years 30 years

minimum age
to become a
member?

What is the 552 members 250 members

strength of the
house?

What are the All bills originate in Lok Sabha mostly and Rajya Sabha has special powers to announce that it is required and
functions of after passing through Rajya Sabha, they are expedient in the national interest that Parliament may make laws with
the house? returned for Lok Sabha approval. It plays a respect to a matter in the State List or to create by law one or more all-India
major role in legislation. services common to the Union and the States.
 Composition of Lok Sabha Composition of Rajya Sabha

Maximum 530 represent the States Maximum 238 elected indirectly and are
Strength – Strength – representatives of States and Union
552 250 Territories

20 are the representatives of Union 12 are nominated by President

Territories

2 are nominated by the President from Current 228 represent States

Anglo-Indian Community strength –
245

Current 530 represent States 4 represent Union Territories

Strength –
545 13 represent Union Territories 12 are nominated by President

2 are nominated from the President –

from Anglo-Indian Community
Merits of parliamentary
system :
1. Harmony between Executive and Legislature:

In a Parliamentary for a government there is close harmony and cooperation between the
executive a legislature. As ministers belong to the ruling party or parties enjoying majority sup the
legislature, they do not face much difficulty in getting the support and approval of the legislature
for the policies and programmes of the government. There is thus less of confrontation between
the executive and the legislature.

2. Responsible and Clean:

While the Council of Ministers as a whole is responsible to the legislature, the individual ministers
are also individually responsible to it for their respective acts of omission and commission. Being
conscious of this, they try to remain ‘clean’. The opposition, being the watchdog of the
government, will expose a corrupt / inefficient government.
3. People’s Government:

The Parliamentary executive has been acclaimed as the real government of people because the
members of the legislature, as representatives of people, draw the attention of the House to the
problems of people. Further, during elections, political parties raise various issues of people. The
government is significantly influenced by public opinion

4. Quick Decision Making:

Lord Bryce has praised the Parliamentary form of government for its capacity to take quick
decisions. As the ruling party enjoys majority support in the legislature, it can take swift decisions
to meet any contingency.

5. Flexible:

There is a lot of flexibility in the Parliamentary system of government to cope with changing
situations and even emergencies. The system, being flexible, can easily adapt itself to any new
reality. One Cabinet may be replaced by a new one without much controversy to tackle any
serious situation. As Neville Chamberlain failed to lead Britain during the Second World War, he
was replaced by Winsten Churchill as the Prime Minister of Britain
6. Conducive to National Integration:

While trying to address the concerns of different regions and cultures of the nation, the
Parliamentary form of government helps in promoting national integration

7. Educational Value:

The policies and programmes of the government as well as various problems of people are
discussed on the floor of the legislature through speeches and questions and answers. The
ministers, being the members of the legislature, have to respond to the issues raised by the
members of the legislature.

Further, at the time of elections, several important and critical issues are discussed by different
political parties while trying to get the votes of people. All this helps in increasing people’s
political consciousness and moulding the public opinion. Thus, the Parliamentary form of
government has great value from the point of view of people’s political education
 DEMERITS OF PARLIAMENTARY SYSTEM
1. Weak Separation of Powers:

In this system, the principle of separation of powers is violated. As the ministers are the members
of the ruling party or coalition, they dominate policy-making though, in principle, policy-making
is the domain of the legislature.

2. Cabinet Dictatorship:

The Council of Ministers, with the support of the majority in the lower house of the legislature,
tends to be authoritarian and irresponsible. Being assured of the support of the majority, it does
not care for the feelings and views of opposition.

It has also little respect for the legislature as the majority is bound to support the government.
Thus, the Cabinet Government is reduced to party government, and parliamentary democracy is
turned into Cabinet Dictatorship. Lord Herbert is, to so extant, right in criticizing the Cabinet
system as ‘the New Despotism’.
3. Failure to Take Prompt Decision:

As the Council of Ministers does not enjoy a fixed tenure, it is not able to adopt any bold,
long-term policy. The problem is compounded I in a coalition government which is often
unstable. The coalition partners tend to fight among themselves. As a result, they fail to adopt
any bold policy.

According to Dicey, I government fails to take prompt, bold and effective steps during a crisis
or a war. The Prime Minister takes time to persuade his colleagues in the Cabinet to take a
decision. Similarly, it is not easy for the government to persuade the legislature to take a
prompt decision to manage a crisis. This stands on the way of taking quick decision even in I
emergency situation.

4. Partisanship:

In a Parliamentary system, political parties are guided morel partisan motives than by national
or people’s interests. While the ruling party seldom sees any merit in the criticism the
opposition, the opposition often opposes the government for the sake of opposition.
5. Government by Amateurs:

The Parliamentary government lacks competence and effectiveness, because the ministers are
mostly amateurs. As the ministers have to be appointed from among the members of the
legislature, the scope for appointing talented and competent people as ministers is limited.

Many times, important considerations in appointing ministers are not skill, competence and talent
but caste, religion, community faction and influence in the party.

6. Control by Bureaucracy:

While the Cabinet is powerful, more powerful is the bureaucracy. The ministers, being mostly
amateurs, depend upon civil servants for expert advice and guidance. The civil servants exercise
real powers in the name of minister. They do not come out to the front. They are not accountable to
the legislature.
It is the ministers who are held responsible for the decisions taken by civil servants in the name
of ministers. This leads to irresponsibility and redtapism. Ramsay Muir has aptly observed,
“Bureaucracy thrives upon the cloak of ministerial responsibility.”

The Parliamentary form of government, no doubt, has certain lacunae. In particular, it is

handicapped by immense partisanship, lack of expertise, and difficulty in taking prompt
decisions during crises, but its main merit is accountability.

The government is responsible to the legislature, particularly to the lower house which is the
popular chamber. In I words, the Parliamentary government is relatively more democratic than
the Presidential government.

[* EXTRA TOPIC:Presidential Form of Government

In the Presidential form of government the President is the chief executive, and neither he nor
his ministers (or secretaries) are responsible to the legislature. The President enjoys a fixed
term. So does the legislature. The best example of this type of government is the American
government.]
 Status of president
Article 54 of the Indian Constitution discusses the election of the President. It says that the President shall be elected by
the members of an electoral college, which consists of the elected members of both the Houses of Parliament, and the
Legislative Assemblies of the States and the two Union Territories, namely Delhi and Puducherry. The election of the
President is held in accordance with a system of proportional representation by means of a single transferable vote. He
can be re-elected to the office of the President. The oath of the President is administered by the Chief Justice of India,
and in his absence, by the most senior judge of the Supreme Court.

Eligibility

Article 58 of the Indian Constitution says that the presidential candidate must:

● Be a citizen of India.
● Have completed the age of thirty-five years.
● Be qualified for elections as a member of the Lok Sabha.
● Not hold any office of profit under the Union or any State government, or any local or other authority.
Term of office

Article 56 of the Indian Constitution says that the President shall hold office for a term of five years from the date he takes
up his post. He may resign from his office by writing his resignation to the Vice-President of India. But, he will continue
to hold his office, in spite of tendering his resignation, until his successor takes up his office. And, before his office gets
vacated, an election should be held for the same.

Impeachment of President

Impeachment is the process to remove the President of India from his office before his term expires. The Impeachment
can be carried out if the Constitution of India is violated by the President and the proceedings can be initiated in either of
the two houses of the Parliament. Two-thirds majority is required to pass the resolution in the House. Thereafter, a notice
signed by a quarter of the members of the House and containing the charges is sent to the President. After 14 days the
charges are taken into consideration by the other House and in the meantime the President can defend himself. If the
charges are approved by the second House also then the President is said to have been impeached. He has to leave his
office.

Salary and Residence of President of India

The salary and allowances of the President are fixed by the Parliament of India. The current salary of the President is Rs
150000 per month. His official residence is Rashtrapati Bhavan in New Delhi.
 IMP QUESTIONS FROM UNIT 11
● Explain about the following with context to India.
1. Loksabha
2. Rajyasabha
3. Parliamentary system
4. Merits & Demerits of parliamentary system
5. Status of president
UNIT 12- Powers and Procedure for Amendments in Indian
Constitution

PART XX of the constitution of INDIA has only one article that deals with the
amendment of the constitution.

Article-368 : Power of Parliament to amend the Constitution and procedure therefor

(1) Notwithstanding anything in this Constitution, Parliament may in exercise

of its constituent power amend by way of addition, variation or repeal any
provision of this Constitution in accordance with the procedure laid down in
this article
.
(2) An amendment of this Constitution may be initiated only by the introduction of a Bill for the purpose in either House
of Parliament, and when the Bill is passed in each House by a majority of the total membership of that House
present and voting, it shall be presented to the President who shall give his assent to the Bill and thereupon the
Constitution shall stand amended in accordance with the terms of the Bill: Provided that if such amendment seeks to make
any change in

(a) Article 54, Article 55, Article 73, Article 162 or Article 241, or

(b) Chapter IV of Part V, Chapter V of Part VI, or Chapter I of Part XI, or

(c) any of the Lists in the Seventh Schedule, or

(d) the representation of States in Parliament, or

(e) the provisions of this article, the amendment shall also require to be ratified by the Legislature of not
less than one half of the States by resolution to that effect passed by those Legislatures before the Bill
making provision for such amendment is presented to the President for assent
 Article 368 CONTD….
(3) Nothing in Article 13 shall apply to any amendment made under this article

(4) No amendment of this Constitution (including the provisions of Part III) made or
purporting to have been made under this article whether before or after the
commencement of Section 55 of the Constitution (Forty second Amendment) Act, 1976
shall be called in question in any court on any ground

(5) For the removal of doubts, it is hereby declared that there shall be no limitation
whatever on the constituent power of Parliament to amend by way of addition, variation
or repeal the provisions of this Constitution under this article Part XXI temporary,
transitional and special provisions
 There are three ways in which the Constitution can be amended :

1. Amendment by simple majority of the Parliament

2. Amendment by special majority of the Parliament
3. Amendment by special majority of the Parliament and the ratification of at least half of
the state legislatures.
1. Amendment by simple majority of the Parliament

A number of provisions in the Constitution can be amended by a simple majority of the two
houses of Parliament .

These provisions include:

● Admission or establishment of new states.

● Formation of new states and alteration of areas, boundaries or names of existing states.
● Abolition or creation of legislative councils in states.
● Second Schedule-emoluments,
● Allowances, privileges and so on of the president, the governors, the Speakers, judges, etc.
● Quorum in Parliament.
● Salaries and allowances of the members of Parliament.
● Rules of procedure in Parliament.
● Privileges of the Parliament, its members and its committees.
● Use of the English language in Parliament.
● Number of puisne judges in the Supreme Court,etc...
 2. Amendment by special majority of the Parliament

● The majority of the provisions in the Constitution need to be amended by a special majority of
the Parliament, that is, a majority (that is, more than 50 percent) of the total membership of
each House and a majority of two-thirds of the members of each House present and voting.
The expression ‘total membership’ means the total number of members comprising the House
irrespective of the fact whether there are vacancies or absentees.
● The special majority is required only for voting at the third reading stage of the bill but by way
of abundant caution, the requirement for the special majority has been provided for in the
rules of the Houses in respect of all the effective stages of the bill.
● The provisions which can be amended by this way include:

(i) Fundamental Rights;

(ii) Directive Principles of State Policy; and

(iii) All other provisions which are not covered by the first and third categories.
 3. By Special Majority of Parliament and Consent of States

Those provisions of the Constitution which are related to the federal structure of the polity can be amended by a
special majority of the Parliament and also with the consent of half of the state legislatures by a simple majority. If one
or some or all the remaining states take no action on the bill, it does not matter; the moment half of the states give their
consent, the formality is completed

The following provisions can be amended in this way:

● Election of the President and its manner.

● Extent of the executive power of the Union and the states.
● Supreme Court and high courts.
● Distribution of legislative powers between
● the Union and the states.
● Any of the lists in the Seventh Schedule.
● Representation of states in Parliament.
● Power of Parliament to amend the Constitution and its procedure (Article 368 itself).
IMP QUESTIONS FROM UNIT 12

1. Explain the amendment procedure(or the ways in which the constitution can
be amended)
 UNIT 13: History of amendments in Indian Constitution
As of January 2020, there have been 104 amendments of the Constitution of India since it was first
enacted in 1950.

List of 104 amendments can be found on following link:

https://en.wikipedia.org/wiki/List_of_amendments_of_the_Constitution_of_India#:~:text=As%20of%20January%202020%2C%20ther
e,are%20governed%20by%20Article%20368.
 IMP QUESTIONS FROM UNIT 13
1. Enlist important amendments.
2. Explain any 5 important constitutional amendment in Indian History.
Unit-14 : Emergency Provisions :
National Emergency, President Rule,
Financial Emergency
The emergency provisions are contained in Part XVIII of the Constitution of India,
from Article 352 to 360.

The Constitution stipulates three types of emergencies-

1. Article 352- National Emergency

2. Article 356- Emergency in state ( president’s rule)
3. Article 360- Financial Emergency
1. Article 352- National Emergency

● National emergency can be declared on the basis of war, external aggression or armed rebellion. The
Constitution employs the expression ‘proclamation of emergency’ to denote an emergency of this type.
● Grounds of declaration:
○ Under Article 352, the president can declare a national emergency when the security of India or a
part of it is threatened by war or external aggression or armed rebellion.
○ The President can declare a national emergency even before the actual occurrence of war or
armed rebellion or external aggression
○ When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is
known as ‘External Emergency’. On the other hand, when it is declared on the grounds of ‘armed
rebellion’, it is known as ‘Internal Emergency’.
 ● Parliamentary approval and duration

○ The proclamation of emergency must be approved by both the houses of

parliament
within one month from the date of its issue.
○ However, if the proclamation of emergency is issued at a time when the Lok
Sabha has been dissolved or the dissolution takes place during the period of one
month without approving the proclamation, then the proclamation survives until
30 days from the first sitting of Lok Sabha after its reconstitution, provided the
Rajya Sabha has in the meantime approved it.
○ If approved by both the houses, the Emergency continues for 6 months and
can be extended to an indefinite period with an approval of the Parliament for every
six months.
○ Every resolution approving the proclamation of emergency or its continuance
must be passed by either House of Parliament by a special majority.
 Revocation of proclamation
● A proclamation of Emergency may be revoked by the President at any time by a
subsequent proclamation. Such proclamation does not require parliamentary
approval.
● The emergency must be revoked if the Lok Sabha passes a resolution by a simple
majority disapproving its continuation.
 Effects of national emergency:
1. Effects on the centre-state relations:Under article 250,union govt. Can make laws for
whole or any part of the country.
2. Effect on the life of the Lok Sabha and State Assembly:Their terms can be extended by
a period of one year.
3. Effect on fundamental rights :Right to freedom under article 19 is automatically
suspended(except article 20 and 21,right to life and personal liberty can never be
suspended)
4. Financial,executive and legislative power of every state in india is to be exercised in
accordance with the government's direction.
State emergency or president’s
rule
● Article 355 imposes a duty on the centre to ensure that the government of every state is carried on in
accordance with the provisions of the constitution.
● It is this duty in the performance of which the centre takes over the government of a state under
Article 356 in case of failure of constitutional machinery in a state.

● This is popularly known as ‘President’s Rule’.

● Grounds of imposition: the president’s ruler can be proclaimed under Article 356 on two grounds:
1. Article 356 empowers the President to issue a proclamation if he is satisfied that a situation
has arisen in which the government of a state cannot be carried on in accordance with the
provisions of the constitution.
2. Article 365 says that whenever a state fails to comply with or to give effect to any direction
from the centre, it will be lawful for the President to hold that a situation has arisen in
which the government of the state cannot be carried on in accordance with the provisions
of the constitution.
 Parliamentary approval and duration:
A proclamation imposing president’s rule must be approved by both the houses of
parliament within two months from the date of its issue

● Consequences of the President’s rule: The President acquires the following extraordinary powers when the
President’s rule is imposed in a state:

○ He can take up the functions of the state government and powers vested in the governor or any
other executive authority in the state.
○ He can declare that the powers of the state legislature are to be exercised by the
parliament.
○ He can take all other necessary steps including the suspension of the constitutional
provisions relating to any body or authority in the state.
 Difference between National emergency and
president’s rule:
National Emergency (352) President’s Rule (356)
It can be proclaimed only when the It can be proclaimed when the government of a
security of India or a part of it is state cannot be carried on in accordance with
threatened by war, external aggression or the provisions of the Constitution due to
armed rebellion. reasons which may not have any
connection with war, external aggression or
armed rebellion.
During its operation, the state executive During its operation, the state executive is
and legislature continue to function and dismissed and the state legislature is either
exercise the powers assigned to them suspended or dissolved. The president
under the Constitution. Its effect is that the administers the state through the governor
Centre gets concurrent powers of and the Parliament makes laws for the state. In
administration and legislation in the state. brief, the executive and legislative powers of the
state are assumed by the Centre.
 contd..
National Emergency (352) President’s Rule (356)
The Parliament can make laws on the subjects enumerated in The Parliament can delegate the power to make laws for the state
the State List only by itself, i.e. it can’t delegate the same to any to the President or to any other authority specified by him. So
other body or authority. far, the practice has been for the president to make laws for
the state in consultation with the members of Parliament
from that state.
There is no maximum period prescribed for its operation. It can There is a maximum period prescribed for its operation, that is,
be continued indefinitely with the approval of Parliament three years. Thereafter, it must come to an end and the normal
for every six months. constitutional machinery must be restored in the state.

Under this, the relationship of the Centre with all the states Under this, the relationship of only the state under
undergoes a modification. emergency with the Centre undergoes a modification.

It affects fundamental rights (FR) of the citizens. It has no effect on Fundamental Rights (FR) of the citizens.

Every resolution of Parliament approving its proclamation or its Every resolution of Parliament approving its proclamation or its
continuance must be passed by a special majority. continuance can be passed only by a simple majority.

Lok Sabha can pass a resolution for its revocation. There is no such provision. It can be revoked by the
President only on his own discretion.
 Financial emergency
If the President of India is satisfied that a situation has arisen due to which the financial stability or
credit of India or any part of its territory is threatened. He/she can declare the Financial Emergency on
the aid and advise of the Council of Ministers.

A proclamation of financial emergency must be approved by both the Houses of Parliament within two months from the
date of its issue.

Once approved by both the Houses of Parliament, the Financial Emergency continues indefinitely till it is revoked. This
implies two things:

1. Repeated Parliamentary approval is not required for its continuation.

2. There is no maximum time limit prescribed for the operation of financial emergency
 Effects of financial emergency
During the financial emergency, the executive authority of the Center expands and it can give financial orders to
any state according to its own.

2. All money bills or other financial bills, that come up for the President's consideration after being passed by
the state legislature, can be reserved.

3. Salaries and allowances of all or any class of persons serving in the state can be reduced. Telangana
government has decided to cut the salary of its employees ranging from 10% to 75%. While there will be a 50%
cut in the salary of all the pensioners in the state.

4. The President may issue directions for the reduction of salaries and allowances of;

(i) All or any class of persons serving the Union and

(ii) The judges of the Supreme Court and the High Court
 IMP QUESTIONS FROM UNIT 14
1. Explain emergency provisions.
2. Explain effects of emergency provisions on fundamental rights.
3. Explain effects of national emergency ,financial emergency and state
emergency in detail.
4. Differentiate National emergency and president’s rule.
 UNIT 15 : Local Self Government – Constitutional Scheme in India

● Local self government

1. Gram panchayat
2. Gram sabha
3. Village level panchayat
4. Intermediate level panchayat
5. District level Panchayat
 Role of Local Self Government :

1. Regulator of administration
2. Provider for efficiently providing services and facilities
3. Agent for planning schemes
4. Welfare agency for assistance to higher level of government
5. An agent of development for improvement in quality of lifr
1.Panchayat
An institution of self government constituted under article 243-B.

Duration:5 years (unless dissolved under any law )

Panchayat Area:Territorial area of a Panchayat

 2. Gram sabha
● The term Gram Sabha is defined in the Constitution of India under Article 243(b).
● Gram Sabha is the primary body of the Panchayati Raj system and by far the largest.
● It is a permanent body.
● Gram Sabha is the Sabha of the electorate. All other institutions of the Panchayati Raj like the Gram
Panchayat, Block Panchayat and Zilla Parishad are constituted by elected representatives.
● The decisions taken by the Gram Sabha cannot be annulled by any other body. The power to annul a decision
of the Gram Sabha rests with the Gram Sabha only.

Who are the members of Gram Sabha

● Persons, those who are above 18 years of age and living in the village and
● whose names are included in the electoral rolls for the Panchayat at the village level.
 3. Village level panchayat
Panchayat at the village level

4. Intermediate level panchayat

Level between the village and district levels specified by the governor of a state .

5. District level panchayat

Zila parishad is there at district level.

It looks after the administration of the rural area of the district at district
headquarters.
1992
The Salient Features of the Constitution (74th Amendment) Act, 1992:
(a) Constitution of Municipalities.

(b) Composition of Municipalities.

(c) Constitution of wards committees.

(d) Reservation of seats.

(e) Fixed duration of Municipalities.

(f) Power, Authority and responsibilities of Municipalities.

(g) Appointment of State Election Commission.:

(h) Appointment of State Finance Commission.

(i) Constitution of Metropolitan and District Planning Committees.

 Constitutional 73rd amendment act
1992
● The Gram Sabha or village assembly as a deliberative body to decentralised governance has been envisaged as
the foundation of the Panchayati Raj System.73rd Amendment of the Constitution empowered the Gram Sabhas to
conduct social audits in addition to its other functions.
● A uniform three-tier structure of panchayats at village (Gram Panchayat — GP), intermediate or block (Panchayat
Samiti — PS) and district (Zilla Parishad — ZP) levels.
● All the seats in a panchayat at every level are to be filled by elections from respective territorial constituencies.
● Not less than one-third of the total seats for membership as well as office of chairpersons of each tier have to be
reserved for women.
● Reservation for weaker castes and tribes (SCs and STs) have to be provided at all levels in proportion to their
population in the panchayats.
● To supervise, direct and control the regular and smooth elections to panchayats, a State Election Commission has
The Act has ensured constitution of a State Finance Commission in every State/UT, for every five years, to suggest
measures to strengthen finances of panchayati raj institutions.
● To promote bottom-up-planning, the District Planning Committee (DPC) in every district has been accorded to
constitutional status.
● An indicative list of 29 items has been given in Eleventh Schedule of the Constitution. Panchayats are expected to
play an effective role in planning and implementation of works related to these 29 items.
 IMP QUESTIONS FROM UNIT 15
1. Explain local self government.
2. Explain the provisions of constitutional amendment 73rd and 74th act.
THANK YOU