VALUE ADDED GHATNACH AKRA SUMMARY ( POLITY)

INDIAN POLITY AND GOVERNANCE: C ONSTITUTIONAL DEVELOPMENT

OF INDIA

ACTS PASSED FOR BRITISH EAST INDIA COMPANY RULE (1773-1853)

1. Regulating Act of 1773

o Governor of Bengal Elevated: Warren Hastings was designated as the
Governor General of Bengal, gaining control over the Presidencies of Madras
and Bombay.
o Executive Council: The Governor General was aided by a four-member
council to make military and non-military decisions by majority vote.
o Governor General’s Voting Power: The Governor General had the right to
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vote only in case of a tie.
o Supreme Court Established: A Supreme Court with a Chief Justice and three
judges was established at Fort William in Calcutta (1774).
o Regulations on Trade: The Act prohibited Company servants from engaging
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in private trade or accepting gifts and bribes from Indians.

o Company’s Accountability: The British government strengthened control
over the Company through the Court of Directors, requiring reports on
revenue, civil, and military affairs in India.
2. Pitts India Act, 1784
o Separation of Powers: This Act distinguished between the Company’s
commercial and political functions.
o Board of Control: A Board of Control (comprising six members) was created
to manage political matters, while the Court of Directors continued handling
commercial affairs.
3. Act of 1786
o Governor General’s Overriding Power: The Governor General could
overrule his council in critical matters affecting the safety, peace, or interest of
the Empire in India.
o Commander-in-Chief: The Governor General was also given military powers
as the Commander-in-Chief. Lord Cornwallis was the first to hold both
powers.
4. Charter Act of 1793
o Commercial Monopoly: The Act extended the Company’s commercial
monopoly for another 20 years.
5. Charter Act of 1813
o Education Funding: The Act allocated ₹1 Lakh per year for Indian education,
marking the first government intervention in education.

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 o End of Monopoly: It ended the Company’s trade monopoly, except in tea
and trade with China.
6. Charter Act of 1833
o Governor General of India: The Governor General of Bengal was designated
as the Governor General of India, with complete civil and military powers.
Lord William Bentinck was the first to hold this position.
o Company’s Transition: The East India Company ceased to be a commercial
entity and became purely an administrative body.
o Legal Member Added: A legal member was added to the Governor General’s
executive council, with Macaulay being the first appointee.
7. Charter Act of 1853
o Separation of Legislative and Executive Powers: This Act separated the
legislative and executive functions of the Governor General’s council for the
first time.
o Indian Legislative Council: It established a separate Indian (Central)
Legislative Council.
o Civil Service Reform: It introduced open competition for civil service
recruitment.

ACTS PASSED UNDER THE BRITISH CROWN (185 8-1947)

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1. Government of India Act 1858
o Crown Assumes Sovereignty: The British Crown took over sovereignty from
the East India Company.
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o Viceroy of India: The post of Governor General was renamed "Viceroy,"

making him the Crown’s direct representative. Lord Canning became the first
Viceroy of India.
o End of Company Control: The Board of Control and Court of Directors were
abolished, and a new position of Secretary of State for India was created,
assisted by a council of 15 members.
o Secretary of State’s Powers: The Secretary of State assumed the powers
previously held by the Court of Directors and the Board of Control, with an
advisory council.
2. Indian Councils Act 1861
o Indian Participation: This Act initiated the participation of Indian
representatives in law-making.
o Restoration of Legislative Power: The Act restored the legislative powers to
Madras and Bombay, marking the start of decentralization.
o Ordinances in Emergencies: The Viceroy was empowered to issue
ordinances in emergencies, valid for six months.
3. Indian Councils Act 1892
o Increased Indian Representation: The number of non-official members in the
Central and Provincial Legislative Councils was increased, though the official
majority was maintained.
o Rights of Members: Indian members were given the right to ask questions
and discuss the budget, though “election” was not directly mentioned.
4. Indian Councils Act 1909 (Morley-Minto Reforms)

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 o Executive Councils: The Act allowed Indians to be associated with the
executive councils of the Viceroy and Governors.
o First Indian in Executive Council: Satyendra Prasad Sinha became the first
Indian to join the Viceroy’s Executive Council as a law member.
o Legislative Expansion: The size and functions of the central and provincial
legislatures were expanded.
o Separate Electorates for Muslims: Separate electorates were introduced for
Muslims, earning Lord Minto the title of the “Father of Communal
Electorate.”
5. Government of India Act 1919 (Montagu-Chelmsford Reforms)
o Direct Elections: For the first time, direct elections were introduced.
o Extended Communal Representation: Separate electorates were introduced
for Sikhs, Indian Christians, Europeans, and Anglo-Indians.
o Bicameralism: Bicameral legislatures were introduced at the central level.
o Dyarchy in Provinces: Provincial subjects were divided into transferred and
reserved categories, introducing dyarchy.
o Responsible Government: The term “responsible government” was used for
the first time.
o Simon Commission: A commission was to be constituted after 10 years to
review the Act’s functioning, leading to the Simon Commission in 1927.
6. Government of India Act 1935
o All India Federation: The Act proposed an All India Federation, including
provinces and princely states as units.
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o Dyarchy at Centre: Dyarchy was introduced at the centre, while it was
abolished in the provinces.
o RBI Establishment: It provided for the establishment of the Reserve Bank of
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India.
o Extended Communal Representation: Separate electorates were extended to
Scheduled Castes, women, and labourers.
o Federal Court: A Federal Court was set up in 1937.
o Reorganization: The Act separated Burma from British India and created two
new provinces, Sindh and Orissa.
o Bicameralism in Provinces: Bicameralism was introduced in 6 out of 11
provinces.
7. Indian Independence Act 1947
o Independence Declared: India was declared independent and sovereign on
August 15, 1947.
o Governor General Appointed: The office of the Viceroy was abolished, and a
Governor General was appointed for each dominion.
o Royal Titles: The title “Emperor of India” was dropped from the British
monarch’s titles.

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CONSTITUENT ASSEMBLY AND THE MAKING OF THE CONSTITUTION

BACKGROUND AND INITIAL DEMANDS

 The first formal demand for a Constituent Assembly was made by the Swaraj Party
at a conference in Ranchi, held in May 1934.
 The idea of a Constituent Assembly was proposed for the first time by M.N. Roy in
1934.
 The Indian National Congress (INC) officially demanded a Constituent Assembly to
frame the Constitution of India for the first time in 1934.

JAWAHARLAL NEHRU’S DECLARATION

 In 1938, Jawaharlal Nehru, on behalf of the INC, declared that the Constitution of
free India must be framed by a Constituent Assembly elected on the basis of adult
franchise, without outside interference.
 This demand was finally accepted in principle in the August Offer of 1940.

FORMATION OF THE CONSTITUENT ASSEMBLY

 The Constituent Assembly was constituted under the scheme formulated by the
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Cabinet Mission Plan.
 The number of representatives from provinces was based on their population, with
one representative per 10 lakh people.
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o A total of 296 seats were allotted to British India and 93 seats to the Princely
States.
o Of the 296 seats allotted to British India, 292 members were drawn from the
eleven Governor's Provinces, and four from the four Chief Commissioner's
Provinces (one from each).

ELECTION PROCESS

 The representatives of the Princely States were to be nominated by the heads of these
states.
 The elections for the Constituent Assembly for 296 seats were held in July-August
1946. The results were:
o Indian National Congress: 208 seats
o Muslim League: 73 seats
o Small groups and independents: 15 seats.

PARTICIPATION OF PRINCELY STATES

 Initially, Princely States did not participate in the Constituent Assembly. However,
with the third session commencing on 28 April 1947, representatives of the Princely
States gradually began to join.

NATURE OF THE ELECTIONS

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  The Constituent Assembly was a result of indirect elections and was not based on
adult franchise.
 According to the Government of India Act 1935, voting rights were limited based on
tax, education, and property.

FIRST MEETING OF THE CONSTITUENT ASSEMBLY

 The Viceroy invited the elected representatives for the first meeting of the
Constituent Assembly on 9 December 1946.
 207 members participated in the first meeting, presided over by Dr. Sachchidanand
Sinha as the temporary President.
 Later, on 11 December 1946, Dr. Rajendra Prasad was unanimously elected as the
President of the Constituent Assembly.

DURATION OF CONSTITU TION-MAKING

 It took 2 years, 11 months, and 18 days to complete the task of Constitution-making

(according to the Lok Sabha and Rajya Sabha website, it took 2 years, 11 months, and
17 days, possibly excluding the day of adoption of the Constitution).
 A total of 11 sessions (165 days) were held.

ADOPTION OF THE CONSTITUTION

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 On 26 November 1949, during the last day of the 11th session, the Constitution was
adopted.
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 Except for these 11 sessions, the Constituent Assembly met again on 24 January 1950
for the signature of members on the Constitution.
 Benegal Narsing Rau (B.N. Rau) was appointed as the constitutional advisor to the
Assembly.
 On 26 November 1949, the people of India adopted, enacted, and gave themselves
the Constitution of India.
 Some provisions of the Constitution came into force on 26 November 1949, while the
entire Constitution came into force on 26 January 1950.

REPRESENTATION OF WOMEN

 The number of women in the Constituent Assembly was 15. They were:
1. Vijayalakshmi Pandit
2. Rajkumari Amrit Kaur
3. Sarojini Naidu
4. Sucheta Kripalani
5. Purnima Bannerjee
6. Leela Roy
7. G. Durgabai
8. Hansa Mehta
9. Kamala Chaudhri
10. Renuka Ray
11. Malati Chaudhri
12. Dakshyani Velayudhan

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 13. Begum Aizaz Rasul
14. Annie Mascarene
15. Ammu Swaminadhan

INTERIM GOVERNMENT

 The Interim Government of India was formed on 2 September 1946; however, it did
not include any members from the Muslim League.
 Finally, on 26 October 1946, 5 members of the Muslim League were included in the
Cabinet.

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Important Committees of the Constituent Assembly

DRAFTING COMMITTEE A ND SOURCES OF THE CONSTITUTION

DRAFTING COMMITTEE COMPOSITION

 The Drafting Committee of the Constitution was comprised of 7 members,

including the chairman, Dr. Bhim Rao Ambedkar. The other six members were:

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 o Alladi Krishnaswamy Ayyar
o N. Gopalaswamy
o K.M. Munshi
o Mohammad Saadullah
o B.L. Mitter
o D.P. Khaitan
 B.L. Mitter was later replaced by N. Madhav Rau, and T.T. Krishnamachari was
included in the committee following the demise of D.P. Khaitan.

NATIONAL FLAG COMMITTEE

 The Constituent Assembly appointed the Ad hoc Committee on the National Flag
on 23 June 1947. Its members included:
o Dr. Rajendra Prasad (Chairman)
o Abul Kalam Azad
o Sarojini Naidu
o C. Rajagopalachari
o K.M. Munshi
o Dr. Bhimrao Ambedkar

SOURCES OF THE CONST ITUTION

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MAJOR INFLUENCES

A significant portion of the Indian Constitution is borrowed from the Government

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
of India Act 1935, which served as a blueprint for the Constitution.

PROVISIONS BORROWED FROM VARIOUS CONSTITUTIONS

 From the Constitution of Britain:

o Rule of law
o Parliamentary form of government
o Cabinet system
o Single citizenship
o Bicameral legislature
o Law-making procedures
o Parliamentary privileges
o Prerogative writs
 From the Constitution of the USA:
o Preamble
o Judicial review
o Independence of the judiciary
o Fundamental rights
o Post of Vice-President
o Procedure for impeachment of the President
o Removal of Supreme Court and High Court judges
 From the Constitution of Ireland:
o Directive Principles of State Policy (DPSP)

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 o Method of election of the President
o Nomination of members to the Council of State (Rajya Sabha)
 From the Constitution of Canada:
o Federation with a strong center
o Advisory jurisdiction of the Supreme Court
o Residuary powers vested in the center
o Appointment of Governors by the center
 From the Constitution of Australia:
o Joint sitting of both houses of Parliament
o Language of the Preamble
o Freedom of trade, commerce, and intercourse
o Idea of concurrent list
 From the Constitution of Germany:
o Provisions related to emergency (except for financial emergency)
 From the Constitution of Japan:
o Procedure established by law
 From the Constitution of South Africa:
o Procedure for constitutional amendment
o Election of members of Rajya Sabha
 From the USSR:
o Fundamental duties
o Ideals of justice (social, economic, and political) in the Preamble
 From the Constitution of France:
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o Republican system
o Principles of liberty, equality, and fraternity in the Preamble
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ARTICLES OF THE CONSTITUTION OF INDI A

The original Constitution of India consisted of 22 parts, 395 articles, and 8 schedules. Over
the years, several articles have been added or removed through amendments. Currently,
there are around 465 articles, which include various sub-parts such as A, B, C, etc., under
the original articles.

IMPORTANT ARTICLES O F THE CONSTITUTION A T A GLANCE:

1. Territorial Framework:
o Article 1: Name and territory of the Union.
o Article 2: Admission or establishment of new States.
o Article 3: Formation of new States and alteration of areas, boundaries, or
names of existing States.
2. Fundamental Rights:
o Article 5: Citizenship at the commencement of the Constitution.
o Article 14: Equality before law.
o Article 15: Prohibition of discrimination on the grounds of religion, race,
caste, sex, or place of birth.
o Article 16: Equality of opportunity in matters of public employment.
o Article 17: Abolition of untouchability.

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 o Article 18: Abolition of titles.
o Article 19: Protection of certain rights regarding freedom of speech, etc.
o Article 20: Protection in respect of conviction for offenses.
o Article 21: Protection of life and personal liberty.
o Article 21A: Right to elementary education.
o Article 22: Protection against arrest and detention in certain cases.
o Article 23: Prohibition of traffic in human beings and forced labor.
o Article 24: Prohibition of employment of children in factories, etc.
o Article 25: Freedom of conscience and free profession, practice, and
propagation of religion.
o Article 26: Freedom to manage religious affairs.
o Article 27: Freedom as to payment of taxes for the promotion of any
particular religion.
o Article 28: Freedom as to attendance at religious instruction or religious
worship in certain educational institutions.
o Article 29: Protection of interests of minorities.
o Article 30: Right of minorities to establish and administer educational
institutions.
3. Directive Principles of State Policy:
o Article 32: Remedies for enforcement of fundamental rights including writs.
o Article 38: State to secure a social order for the promotion of welfare of the
people.
o Article 39: Certain principles of policy to be followed by the State.
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o Article 39A: Equal justice and free legal aid.
o Article 40: Organization of Village Panchayats.
o Article 41: Right to work, to education, and to public assistance in certain
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cases.
o Article 43: Living wage, etc., for workers.
o Article 44: Uniform Civil Code for the citizens.
o Article 45: Provision for early childhood care and free & compulsory
education to children below the age of six years.
o Article 48: Organization of Agriculture and Animal Husbandry.
o Article 48A: Protection and improvement of the environment and
safeguarding of forests and wildlife.
o Article 49: Protection of monuments and places and objects of national
importance.
o Article 50: Separation of judiciary from executive.
o Article 51: Promotion of international peace and security.

EXECUTIVE

 Article 52: The President of India.

 Article 53: Executive power of the Union.
 Article 54: Election of President.
 Article 55: Manner of Election of President.
 Article 57: Eligibility for re-election as President.

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  Article 58: Qualifications for election as President.
 Article 60: Oath or Affirmation by the President.
 Article 61: Procedure for impeachment of the President.
 Article 63: The Vice-President of India.
 Article 64: The Vice-President to be ex-officio Chairman of the Council of States.
 Article 66: Election of Vice-President.
 Article 70: Discharge of President’s functions in other contingencies.
 Article 72: Power of President to grant pardons, etc., and to suspend, remit, or
commute sentences in certain cases.
 Article 74: Council of Ministers to aid and advise the President.
 Article 75: Other provisions as to ministers.
o Article 75(1): The Prime Minister shall be appointed by the President, and
other ministers shall be appointed by the President on the advice of the Prime
Minister.
 Article 76: Attorney-General for India.

LEGISLATIVE FRAMEWORK

 Article 79: Constitution of Parliament.

 Article 80: Composition of the Council of States (Rajya Sabha).
 Article 81: Composition of the House of the People (Lok Sabha).
 Article 83: Duration of Houses of Parliament.
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 Article 84: Qualification for Membership of Parliament.
 Article 85: Sessions of Parliament, prorogation, and dissolution.
 Article 89: The Chairman & Deputy Chairman of the Council of States.
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 Article 93: The Speaker & Deputy Speaker of the House of the People.
 Article 100: Voting in Houses, power of Houses to act notwithstanding vacancies
and quorum.
 Article 108: Joint sitting of both the Houses in certain cases.
 Article 109: Special procedure in respect of Money Bills.
 Article 110: Definition of ‘Money Bills’.
 Article 111: Assent to Bills.
 Article 112: Annual Financial Statement (Budget).
 Article 114: Appropriation Bills.
 Article 116: Vote on account, vote of credit & exceptional grants.
 Article 117: Special provisions as to Financial Bills.
 Article 122: Court not to inquire into proceedings of Parliament.
 Article 123: Power of President to promulgate ordinances during recess of
Parliament.

JUDICIAL FRAMEWORK

 Article 124: Establishment and Constitution of Supreme Court.

 Article 129: Supreme Court to be a court of record.
 Article 137: Review of judgments or orders by the Supreme Court.
 Article 143: Power of President to consult Supreme Court.
 Article 148: Comptroller and Auditor-General of India.

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STATE GOVERNANCE

 Article 153: Governors of states.

 Article 154: Executive power of the state.
 Article 155: Appointment of Governor.
 Article 161: Power of Governor to grant pardons, etc., and to suspend, remit, or
commute sentences in certain cases.
 Article 163: Council of Ministers to aid and advise Governor.
 Article 164: Other provisions as to Ministers.
 Article 165: Advocate-General for the State.
 Article 167: Duties of Chief Minister with respect to the furnishing of information to
the Governor, etc.
 Article 169: Abolition or creation of Legislative Councils in States.
 Article 174: Sessions of the State Legislature, prorogation, and dissolution.
 Article 200: Assent to Bills.
 Article 201: Bills reserved for the consideration of the President.
 Article 213: Power of Governor to promulgate ordinances during recess of the
legislature.

HIGH COURTS AND JUDI CIAL POWERS

Article 214: High Court for States.

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
 Article 215: High Court to be a court of record.
 Article 216: Constitution of High Court.
 Article 217: Appointment and conditions of the office of a judge of a High Court.
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 Article 226: Power of High Court to issue certain writs.

 Article 231: Establishment of a common High Court for two or more States.
 Article 233: Appointment of District Judges.

LOCAL GOVERNANCE AND MUNICIPALITIES

 Article 239A: Provisions for the "Union Territory of Puducherry" applicable to the
"Union Territory of Jammu and Kashmir."
 Article 239AA: Special provisions with respect to Delhi.
 Article 241: High Court for Union Territories.
 Article 243A: Gram Sabha.
 Article 243B: Constitution of Panchayat.
 Article 243H: Powers to impose taxes by, and funds of the Panchayats.
 Article 243K: Election to the Panchayats.
 Article 243Z: Audit of accounts of municipalities.
 Article 243ZA: Elections to the municipalities.
 Article 243ZD: Committee for district planning.

LEGISLATIVE POWERS A ND PROVISIONS

 Article 243ZI: Incorporation of Co-operative Societies.

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  Article 249: Power of Parliament to legislate with respect to a matter in the State list
in the national interest.
 Article 253: Legislation for giving effect to international agreements.
 Article 262: Adjudication of disputes relating to waters of inter-State rivers or river
valleys.
 Article 263: Provisions with respect to an Inter-State Council.
 Article 266: Consolidated Funds and Public Accounts of India and of the States.
 Article 267: Contingency Fund.

FINANCIAL PROVISIONS

 Article 280: Finance Commission.

 Article 300A: Persons not to be deprived of property save by authority of law.

SERVICES AND COMMISSIONS

 Article 312: All-India Services.

 Article 315: Public Service Commission for the Union and for the States.
 Article 323A: Administrative Tribunals.
 Article 323B: Tribunals for other matters.
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ELECTORAL PROVISIONS

 Article 324: Superintendence, direction, and control of elections to be vested in an

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Election Commission.
 Article 326: Elections to the Lok Sabha and to the legislative assemblies of States to
be on the basis of adult suffrage.
 Article 330: Reservation of seats for Scheduled Castes and Scheduled Tribes in the
House of People.
 Article 331: Representation of the Anglo-Indian community in the Lok Sabha.
(Provision repealed by the 104th Constitutional Amendment Act, 2019)
 Article 332: Reservation of seats for Scheduled Castes and Scheduled Tribes in the
legislative assemblies of the States.
 Article 333: Representation of the Anglo-Indian community in the legislative
assemblies of the States. (Provision repealed by the 104th Constitutional Amendment
Act, 2019)

COMMISSIONS FOR SOCIAL JUSTICE

 Article 338: National Commission for Scheduled Castes.

 Article 338A: National Commission for Scheduled Tribes.
 Article 338B: National Commission for Backward Classes.

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LANGUAGE AND EDUCATION

 Article 343: Official language of the Union.

 Article 344: Commission and Committee of Parliament on official language.
 Article 350A: Facilities for instruction in mother-tongue at the primary stage.
 Article 350B: Special officer for linguistic minorities.
 Article 351: Directive for the development of the Hindi language.

EMERGENCY PROVISIONS

 Article 352: Proclamation of Emergency (national emergency).

 Article 356: Provisions in case of failure of constitutional machinery in states.
 Article 358: Suspension of provisions of Article 19 during emergencies.
 Article 359: Suspension of the enforcement of fundamental rights during
emergencies.
 Article 360: Provisions as to Financial Emergency.
 Article 365: Effects of failure to comply with or give effect to directions given by the
Union.

CONSTITUTIONAL AMENDMENTS AND SPECIAL PR OVISIONS

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 Article 368: Power of Parliament to amend the Constitution and procedure thereof.
 Article 370: Temporary provisions with respect to the State of Jammu and Kashmir.
(Declared inoperative through a presidential notification on 6th August 2019).
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 Article 371: Special provision with respect to the State of Maharashtra & Gujarat.

SCHEDULES OF THE CONSTITUTION OF INDIA

The Constitution of India originally contained 8 Schedules at the time of its adoption;
currently, it has 12 Schedules. These Schedules outline various provisions related to
governance, administration, and rights. Below is a detailed overview of each Schedule:

1. FIRST SCHEDULE

 Purpose: States and Union Territories with territorial demarcation.

2. SECOND SCHEDULE

 Purpose: Provisions relating to the salary, emoluments, and allowances of various

office bearers of the Union of India.

3. THIRD SCHEDULE

 Purpose: Forms of oaths and affirmations of various office bearers of the Union of
India.

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4. FOURTH SCHEDULE

 Purpose: Allocation of seats in the Council of States (Rajya Sabha) to the States and
Union Territories.

5. FIFTH SCHEDULE

 Purpose: Provisions relating to the administration and control of Scheduled Areas

and Scheduled Tribes.

6. SIXTH SCHEDULE

 Purpose: Provisions relating to the administration of tribal areas in the States of

Assam, Meghalaya, Tripura, and Mizoram.

7. SEVENTH SCHEDULE

 Purpose: Division of powers between the Union and the States. It contains three lists:
o (i) Union List: Originally 97 subjects (currently 98). Only the Centre can
legislate on these subjects (e.g., Defence, Railways, Banking).
o (ii) State List: Originally 66 subjects (currently 59). Only the States can
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legislate on these subjects (e.g., Police, Public Health, Land Reforms).
o (iii) Concurrent List: Originally 47 subjects (currently 52). Both the Centre
and States can legislate on these subjects (e.g., Education, Criminal Procedure,
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Family Planning).

8. EIGHTH SCHEDULE

 Purpose: Languages recognized by the Constitution. Originally, it included 14

languages; currently, it recognizes 22 languages.
o Amendments:
 Sindhi was added by the 21st Amendment Act of 1967.
 Konkani, Nepali, and Manipuri were added by the 71st Amendment
Act, 1992.
 Bodo, Dogri, Maithili, and Santhali were added by the 92nd
Amendment Act, 2003.
 Oriya was renamed Odia by the 96th Amendment Act, 2011.

9. NINTH SCHEDULE

 Purpose: Validation of certain Acts and regulations. Initially contained 13 items, now
expanded to 282. It was added by the 1st Amendment Act, 1951.

10. TENTH SCHEDULE

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  Purpose: Provisions relating to the disqualification of members of Parliament and
State Legislatures on the grounds of defection, commonly known as the Anti-
Defection Law. Added by the 52nd Amendment Act, 1985.

11. ELEVENTH SCHEDULE

 Purpose: Specifies the powers, authority, and responsibilities of Panchayats. It

contains 29 subjects and was added by the 73rd Amendment Act, 1992.

12. TWELFTH SCHEDULE

 Purpose: Specifies the powers, authority, and responsibilities of municipalities. It

contains 18 subjects and was added by the 74th Amendment Act, 1992.

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THE PREAMBLE OF THE INDIAN CONSTITUTION

The Preamble serves as an introductory statement that outlines the fundamental values and
guiding principles of the Indian Constitution. Here’s a detailed overview of its significance
and development:

HISTORICAL BACKGROUND

 The Objective Resolution was moved in the Constituent Assembly on 13th

December 1946 by Pt. Jawahar Lal Nehru and was adopted on 22 January 1947. This
resolution laid the foundation for the Preamble.

KEY FEATURES

 The Preamble declares India as a Sovereign, Socialist, Secular, Democratic, and

Republic Nation.
 It ensures justice to all citizens in three forms:
o Social Justice
o Economic Justice
o Political Justice
 It is instrumental in the legal interpretation of the Indian Constitution.
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AMENDMENTS AND INCLUSIONS
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 The words ‘Socialist’, ‘Secular’, and ‘Integrity’ were incorporated into the Preamble
by the 42nd Constitutional Amendment Act of 1976.

JUDICIAL RECOGNITION

 The Supreme Court of India has played a significant role in interpreting the
Preamble:
o In the Keshavananda Bharati case (1973), the Preamble was accepted as part
of the Constitution.
o In the Berubari case (1960), the Preamble was initially not recognized as part
of the Constitution.
o The Golakhnath vs. State of Punjab case recognized the Preamble as the
"core soul" of the Constitution.
o The Bommai vs. Union of India case reinforced that the Preamble is indeed a
part of the Constitution.

CHARACTERISTICS

 The Preamble is non-justiciable in nature, meaning it cannot be enforced by courts.

 It encompasses the freedom of faith, belief, worship, expression, and thought.
 It ensures dignity and equal opportunities for all citizens.

SYMBOLIC INTERPRETATIONS

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  Various notable figures have emphasized the significance of the Preamble:
o Sir Alladi Krishnaswami Ayyar stated, “The Preamble to our Constitution
expresses what we had thought or dreamt so long.”
o Dr. B. R. Ambedkar referred to the right to Constitutional remedies (Article
32) as the "heart and soul" of the Constitution.
o K. M. Munshi described the Preamble as the "political horoscope" of the
nation.
o Subhash Kashyap analogized that if the Constitution is the body, the
Preamble is its soul; if the Constitution is a building, the Preamble is its
foundation stone.
o Dr. B.R. Ambedkar also remarked that “the Constitution is a pious paper.

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THE GOVERNANCE SYSTE M

DEFINITION OF GOVERNMENT

 A Government is an institution or a system comprised of a group of people

responsible for managing a country or a state.
 Each government operates under its own Constitution or a set of fundamental
principles to ensure effective governance.

FORMS OF GOVERNMENT

1. Autocracy:
o A form of government where supreme power resides in a single individual or
entity.
o Includes absolute monarchy, where a family or group of families rules a
country. In this case, the post of monarch is inherited.
o Monarchy is recognized as the oldest form of government.
o Autocracy also encompasses dictatorship, in which an individual wields
absolute power without effective limitations.
2. Democracy:

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 o Currently the most popular form of governance, where ultimate authority lies
with the people.
o The state is characterized by four essential elements:
 Population
 Territory
 Government
 Sovereignty (the most important element).
o India, prior to 1947, lacked sovereignty due to British control, despite having
the other three elements.

TYPES OF GOVERNANCE SYSTEMS

 There are two main types of governance systems: Parliamentary and Presidential.

1. Parliamentary System:
o India follows a Parliamentary form of government, influenced by the system
in the United Kingdom.
o In this system, members of the executive are drawn from the legislature and
are accountable to it.
o This form of government is also known as Cabinet form of government.
o The government is responsible to the popular house of the legislature and
remains in power as long as it has the support of the majority of members.
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o The Cabinet ensures collective responsibility to the people.
o In India, the Cabinet is headed by the Prime Minister, who is the Head of the
Government, while the President serves as the Head of State.
2. Presidential System:
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o In a Presidential system, the President is the head of the executive.

o The United States government is a prominent example of this form of
governance.

FEDERAL AND UNITARY FEATURES OF THE INDI AN CONSTITUTION

 The Indian political system features a division of powers between the Union and the
States, and does not provide for a unified authority.
 The Indian Constitution has both Federal and Unitary characteristics:
o Federal features:
 Written Constitution
 Division of powers between the center and the States
 Independent judiciary
 Bicameral legislature
o Unitary features:
 Single citizenship
 Appointment of Governors by the President
 Declaration of emergency
 Power of Parliament to implement international agreements

PERSPECTIVES ON INDI AN FEDERALISM

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  Granville Austin described the Indian Constitution as embodying Cooperative
Federalism.
 K.C. Wheare characterized it as Quasi-federal.
 Dr. B.R. Ambedkar stated that the Constitution is not rigidly federal; it encompasses
both federal and unitary elements.

NATIONAL SYMBOLS OF INDIA

NATIONAL FLAG

 The National Flag (Tricolour) is rectangular in shape, with a length-to-width ratio of

3:2.
 It consists of three colors:
o Top Band: Deep saffron, symbolizing strength and courage.
o Middle Band: White, symbolizing peace and truth.
o Bottom Band: Dark green, symbolizing fertility, growth, and auspiciousness
of the land.
 In the center of the white band is a navy blue wheel, known as the Ashoka Chakra,
which has 24 spokes.
o Its design is derived from the wheel appearing on the abacus of the Sarnath
Lion Capital of Ashoka and represents Justice.
 The National Flag was designed by Pingali Venkayya and was officially adopted by
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the Constituent Assembly on 22 July 1947.
 The significance of the three colors and the wheel (chakra) in the national flag is
detailed in the Flag Code of India, as described by Dr. S. Radhakrishnan.
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STATE EMBLEM

 The State Emblem is an adaptation of the Sarnath Lion Capital of Ashoka, adopted
by the Government of India on 26 January 1950.
 The words "Satyameva Jayate," meaning "Truth Alone Triumphs," are inscribed at
the bottom in Devanagari script, taken from the Mundaka Upanishad.

NATIONAL ANTHEM

 The National Anthem of India, "Jana Gana Mana," was officially adopted by the
Constituent Assembly on 24 January 1950.
o It was first sung on 27 December 1911 at the Calcutta session of the Indian
National Congress, chaired by Pt. Bishan Narayan Dar.
o The anthem is taken from "Geetanjali," authored by Rabindranath Tagore.
The full version has a playing time of approximately 52 seconds.

NATIONAL SONG

 The song "Vande Mataram" was adopted as the national song by the Constituent
Assembly on 24 January 1950.
o It is derived from the novel "Anand Math," written by Bankim Chandra
Chatterjee.

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 o The song was first sung at the 1896 session of the Indian National Congress,
chaired by Rahimtulla Sayani.

NATIONAL CALENDAR

 The National Calendar, based on the Saka era (with Chaitra as its first month and
Falgun as the last), was adopted on 22 March 1957 alongside the Gregorian
Calendar.
o Generally, the month of Chaitra begins on 22 March, but in leap years, it
starts on 21 March.

NATIONAL FLORA AND FAUNA

 National Flower: Lotus (NELUMBO NUCIFERA GAERTN).

 National Fruit: Mango (MANGIFERA INDICA).
 National Tree: Banyan Tree (FICUS BENGHALENSIS).
 National Animal: The magnificent Tiger (PANTHERA TIGRIS).
 National Bird: The Indian Peacock (PAVO CRISTATUS).
 National Aquatic Animal: The Ganges River Dolphin (PLATANISTA
GANGETICA).

NATIONAL RIVER
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 The river Ganga was declared the national river by the Government of India in 2008.
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NATIONAL DAYS

 The Government of India has declared the following as National Days:

o Independence Day: 15 August.
o Republic Day: 26 January.
o Birth Anniversary of Mahatma Gandhi: 2 October.

STATES AND UNION TERRITORIES OF INDIA

HISTORICAL BACKGROUND

 The Indian Independence Act of 1947 led to the formation of two independent and
sovereign nations: India and Pakistan.
 The princely states were provided with three options:
o To join India.
o To join Pakistan.
o To remain independent.
 Out of 552 princely states within Indian territory, 549 joined India, while three states
(Hyderabad, Junagarh, and Kashmir) initially refused to join.

INTEGRATION OF PRINCELY STATES

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  The integration of the three princely states occurred as follows:
o Hyderabad was integrated through military action.
o Junagarh was integrated through a referendum.
o Kashmir was included through the Instrument of Accession, a legal
document executed by Maharaja Hari Singh, the ruler of Jammu and
Kashmir.

CONSTITUTION AND TERRITORIAL STRUCTURE

 The Indian Constitution, which came into force in 1950, recognized four different
categories of territories in Schedule 1:
o Part A: Comprised former British Indian provinces with a governor and a
legislature.
o Part B: Comprised former princely states governed by a 'Raj Pramukh.'
o Part C: A combination of princely states and chief commissioner's provinces
governed by a chief commissioner.
o Part D: Comprised the sole territory of Andaman and Nicobar Islands,
which had a lieutenant governor appointed by the central government.

UNION TERRITORIES FORMATION

 It was Part D that formed the basis for the creation of Union Territories.
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 According to Article 1(1) of the Constitution, “India, that is Bharat, shall be a union
of states” rather than a federation of states.
 Article 2 provides for the admission or establishment of new states.
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 Article 3 empowers Parliament to form new states and alter the areas, boundaries,
and names of existing states.
o Parliament can form new states through a simple majority.
o Amendments made under Articles 2 and 3 are out of the scope of Article 368.

CURRENT STRUCTURE

 Presently, India is comprised of 28 states and 8 Union Territories.

STATE REORGANISATION COMMISSIONS

 A State Reorganisation Commission was constituted in 1953 under the

chairmanship of Fazal Ali to recommend the formation of new states.
o Two other members of this commission were K.M. Panikkar and H.N.
Kunzru.
o Some of the recommendations of this commission were implemented in the
State Reorganisation Act of 1956.
 The S.K. Dhar Commission (1948) recommended the reorganization of states based
on administrative convenience rather than on a linguistic basis.
 In December 1948, the JVP Committee was constituted by the Congress to scrutinize
the recommendations of the S.K. Dhar Commission.
o The committee included Jawaharlal Nehru, Vallabhbhai Patel, and Pattabhi
Sitaramaiya.

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 o In its report presented in April 1949, the committee officially rejected the
demand for the reorganization of states on a linguistic basis.
 The demise of Potti Sriramulu after a 56-day-long hunger strike compelled the
Indian government to form Andhra Pradesh on a linguistic basis in October 1953.
o Andhra Pradesh is recognized as the first state of India formed on a
linguistic basis.

CITIZENSHIP IN INDIA

CONSTITUTIONAL PROVISIONS

 The Constitution of India deals with citizenship from Articles 5 to 11 under Part II.
 India, similar to Britain, has adopted a system of single citizenship.
 Article 11 empowers Parliament to make laws regarding citizenship.

THE INDIAN CITIZENSHIP ACT

 The Indian Citizenship Act was passed by Parliament in 1955.

 It prescribes five ways of acquiring citizenship:
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1. By Birth
2. By Descent
3. By Registration
4. By Naturalization
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5. By Incorporation of Territory

LOSS OF CITIZENSHIP

 The Indian Citizenship Act of 1955 also prescribes three ways of losing citizenship
(whether acquired under the Act or prior to it under the Constitution):
1. By Renunciation
2. By Termination
3. By Deprivation

SPECIFIC ARTICLES ADDRESSING CITIZENSHIP RIGHTS

 Article 6: Provides for the rights of citizenship for certain persons who have
migrated to India from Pakistan.
 Article 7: Addresses the rights of citizenship for certain migrants to Pakistan.
 Article 8: Provides rights of citizenship for certain persons of Indian origin residing
outside India.
 Article 9: States that persons voluntarily acquiring citizenship of a foreign state are
not citizens of India.
 Article 11: Empowers Parliament to make provisions regarding the acquisition and
termination of citizenship and all related matters.

REGISTRATION FOR CITIZENSHIP

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  According to Section 5(1)(a) of the Citizenship Act of 1955, a person of Indian origin
can acquire citizenship by registration if:
o They have been a resident of India for 7 years before applying for
registration.

AMENDMENTS TO THE CITIZENSHIP ACT

 The Citizenship Act has been amended four times: in 1986, 2003, 2005, and 2015.

CITIZENSHIP AMENDMENT ACT, 2015

 Under Section 7(A) of the Citizenship Amendment Act, 2015, the Central
Government may, subject to prescribed conditions and restrictions, register as an
Overseas Citizen of India (OCI) cardholder on application.
 This amendment states that no person, or either of whose parents, grandparents, or
great-grandparents, is or had been a citizen of Pakistan, Bangladesh, or any other
country specified by the Central Government, shall be eligible for registration as an
OCI cardholder.

CITIZENSHIP AMENDMENT ACT, 2019

The Citizenship (Amendment) Act, 2019 was passed by the Parliament of India on
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
11 December 2019.
 This act amended the Citizenship Act of 1955 by providing Indian citizenship for
illegal migrants from religious minorities (Hindus, Sikhs, Jains, Parsis, Buddhists,
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and Christians) who came to India before 31 December 2014 due to religious
persecution from Pakistan, Bangladesh, and Afghanistan.
 Muslims are excluded from this act.
 The act came into force on 10 January 2020.
 It does not apply to the tribal areas of Assam, Meghalaya, Mizoram, and Tripura,
which are included in the Sixth Schedule of the Constitution.
 It also does not apply in areas covered under the Inner Line as per the Bengal
Eastern Frontier Regulation, 1873.

FUNDAMENTAL RIGHTS I N INDIA

HISTORICAL CONTEXT

 The first explicit demand for Fundamental Rights (FR) emerged with the
"Constitution of India Bill, 1895," inspired by Bal Gangadhar Tilak.
 The Motilal Nehru Report of 1928 advocated for inalienable Fundamental Rights for
the people of India.
 The Indian National Congress adopted a resolution on Fundamental Rights at the
Karachi Session of 1931, presided over by Sardar Vallabhbhai Patel.

CONSTITUTIONAL FRAMEWORK

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  Fundamental Rights are enshrined in Part III of the Constitution, covering Articles
12 to 35.
 Originally, the Constitution provided for seven Fundamental 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 Property
7. Right to Constitutional Remedies
 The 44th Amendment Act, 1978 removed the Right to Property from the list of
Fundamental Rights, making it a legal right under Article 300-A in Part XII of the
Constitution.

NATURE AND CHARACTERISTICS

 Fundamental Rights serve as a guarantee against arbitrary action by the State.

 These rights can be suspended during a national emergency, with the exception of
the rights guaranteed by Articles 20 and 21.
 They are justiciable, meaning individuals can approach the courts for enforcement.

COMPARISON WITH OTHER CONSTITUTIONS

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 Fundamental Rights in the Indian Constitution are often compared to the Bill of
Rights in the Constitution of the United States.
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 Part III of the Indian Constitution is rightly regarded as the Magna Carta of India.

SPECIFIC ARTICLES AND RIGHTS

 Article 14: Provides for equality before law and equal protection of the laws.
 Right to Equality is enshrined in Articles 14 to 18:
o Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or
place of birth.
o Article 16: Ensures equality of opportunity in matters of public employment.
o Article 17: Abolishes untouchability and prohibits its practice.
o Article 18: Abolishes titles, except military and academic ones.
 Right to Freedom is detailed in Articles 19 to 22:
o Article 19 guarantees six rights:
 Article 19(1)(a): Right to freedom of speech and expression.
 Article 19(1)(b): Right to assemble peacefully and without arms.
 Article 19(1)(c): Right to form associations or unions or cooperative
societies.
 Article 19(1)(d): Right to move freely throughout the territory of
India.
 Article 19(1)(e): Right to reside and settle in any part of India (added
by the 44th Constitutional Amendment Act, 1978).
 Article 19(1)(f): Right to practice any profession or to carry on any
occupation, trade, or business.
 Article 20: Provides for protection against retrospective criminal laws.

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  Article 21: Protects the right to life and personal liberty.
 The 86th Constitutional Amendment Act, 2002 made elementary education a
Fundamental Right by adding Article 21-A.
 Article 22: Provides protection against arrest and detention in certain cases.
 Right against Exploitation is described in Articles 23 and 24:
o Article 23: Prohibits traffic in human beings and forced labor.
o Article 24: Prohibits the employment of children in factories, etc.
 Right to Freedom of Religion is detailed in Articles 25 to 28.
 Articles 29 and 30: Relate to the cultural and educational rights of minorities.
 Article 32: Provides for constitutional remedies, with Dr. Ambedkar referring to it as
the "core soul" of the Constitution.

JUDICIAL REMEDIES

 The Supreme Court, under Article 32, can issue writs only for the enforcement of
Fundamental Rights, while High Courts, under Article 226, can issue writs for
enforcement of Fundamental Rights as well as for other purposes.
 Five kinds of writs are mentioned in Articles 32 and 226 of the Constitution:
1. Habeas Corpus ("to have the body of"): Issued to produce the detained
person before the court. If detention is illegal, the person is set free. This writ
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protects individual liberty against arbitrary detention.
2. Mandamus ("We command"): A command issued by the court against a
public official, public body, corporation, inferior court, tribunal, or
government, asking them to perform official duties that have been neglected.
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3. Prohibition ("to forbid"): Issued by a higher court to prevent a lower court or

tribunal from exceeding its jurisdiction.
4. Certiorari ("to be certified"): Issued to transfer a case from a lower court to a
higher court, or to quash an order of the lower court based on excess or lack
of jurisdiction or errors of law.
5. Quo Warranto ("By what authority or warrant"): Issued to inquire into the
legality of a person’s claim to a public office.

EMERGENCY PROVISIONS

 Article 358: Provides for the suspension of provisions of Article 19 during

emergencies.
 Article 359: Provides for the suspension of enforcement of Fundamental Rights
during emergencies, except for Articles 20 and 21 (as amended by the 44th
Constitutional Amendment Act).

JUDICIAL INTERPRETATION

 In the case of Bachan Singh vs. State of Punjab, the Supreme Court held that the
sentencing discretion in Section 302 of the Indian Penal Code is not violative of
Articles 14, 19, and 21 of the Indian Constitution.


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DIREC TIVE PRINCIPLES OF STATE POLICY

 The Directive Principles of State Policy are enshrined in Part IV of the Indian
Constitution, covering Articles 36 to 51.
 The concept of Directive Principles is borrowed from the Irish Constitution.

CHARACTERISTICS

 Non-Justiciable Nature: The Directive Principles are non-justiciable, meaning they

cannot be enforced in a court of law.
 Fundamental Principles: Article 37 states that these principles are fundamental in
the governance of the country, and it shall be the duty of the State to apply these
principles in making laws.

CONCEPT OF WELFARE STATE

 The Directive Principles embody the concept of a Welfare State, emphasizing the
State's responsibility to promote the welfare of its citizens.

KEY ARTICLES AND PROVISIONS

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1. Article 38: Mandates the State to secure a social order for the promotion of the
welfare of the people.
2. Article 39A (added by the 42nd Amendment): Provides for equal justice and free
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legal aid for the poor.

3. Article 40: Pertains to the organization of Village Panchayats.
4. Article 41: Ensures the right to work, education, and public assistance in certain
cases.
5. Article 43A: Advocates for the participation of workers in the management of
industries.
6. Article 43B: Promotes the establishment of cooperative societies.
7. Article 44: Calls for a Uniform Civil Code for all citizens.
8. Article 45: Provides for early childhood care and education to children below the age
of six years.
9. Article 46: Focuses on the promotion of educational and economic interests of
Scheduled Castes, Scheduled Tribes, and other weaker sections.
10. Article 47: Imposes a duty on the State to raise the level of nutrition and the standard
of living and to improve public health.
11. Article 48: Relates to the organization of Agriculture and Animal Husbandry.
12. Article 48A: Provides for the protection and improvement of the environment and
safeguarding of forests and wildlife.
13. Article 49: Ensures the protection of monuments and places of national importance.
14. Article 50: Advocates for the separation of the judiciary from the executive.
15. Article 51: Promotes international peace and security.

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FUNDAMENTAL DUTIES I N THE INDIAN CONSTITUTION

INSPIRATION AND INTRODUCTION

 The Fundamental Duties in the Indian Constitution are inspired by the Constitution
of the erstwhile USSR.
 These duties were incorporated based on the recommendations of the Swaran Singh
Committee through the 42nd Constitutional Amendment Act, 1976.
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 This amendment established a new part in the Constitution, namely Part IV A,
which consists of a single article, Article 51 A.
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NUMBER OF FUNDAMENTAL DUTIES

 The original number of Fundamental Duties at the time of their inclusion in the
Constitution was 10.
 Currently, the number of Fundamental Duties as per Article 51 A is 11; the 11th
Fundamental Duty was added by the 86th Constitutional Amendment Act, 2002.

DUTIES AS PER ARTICLE 51 A

According to Article 51 A, it shall be the duty of every citizen of India to:

1. Abide by the Constitution and respect its ideals and institutions, the National Flag,
and the National Anthem.
2. Cherish and follow the noble ideas which inspired our national struggle for
freedom.
3. Protect the sovereignty, unity, and integrity of India.
4. Defend the country and render national service when called upon to do so.
5. Promote harmony and the spirit of common brotherhood among all the people of
India, transcending religious, linguistic, and regional diversities; renounce practices
derogatory to the dignity of women.
6. Value and preserve the rich heritage of our composite culture.
7. Protect and improve the natural environment, including forests, lakes, rivers, and
wildlife, and have compassion for living creatures.

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 8. Develop the scientific temper, humanism, and the spirit of inquiry and reform.
9. Safeguard public property and abjure violence.
10. Strive towards excellence in all spheres of individual and collective activity so that
the nation constantly rises to higher levels of endeavor and achievement.
11. Provide opportunities for education to their child or ward between the ages of six
and fourteen years (added by the 86th Amendment Act, 2002).

THE PRESIDENT OF IND IA

POSITION AND ROLE

 The President is the head of the Indian State, recognized as the first citizen and acts
as the symbol of unity, integrity, and solidarity of the nation.
 Article 52 states, "There shall be a President of India."

EXECUTIVE POWERS

 According to Article 53, the executive power of the Union is vested in the President
and is exercised either directly or through officers subordinate to him in accordance
with the Constitution.
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ELECTION PROCESS

 Article 54 outlines that the President is elected by an electoral college consisting of:
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o Elected members of both Houses of Parliament.

o Elected members of the Legislative Assemblies of the States.
 The 70th Amendment Act, 1992 included members of the Legislative Assemblies of
the National Capital Territory of Delhi and the Union Territory of Puducherry in
the electoral college for the election of the President.
 Nominated members and members of Legislative Councils do not participate in the
election.
 The election is conducted using the system of proportional representation by means
of the single transferable vote, with voting done by secret ballot.
 The Supreme Court inquires into and decides all doubts and disputes related to the
election of the President, and its decision is final.
 The election cannot be challenged on the grounds of an incomplete electoral college.

ELIGIBILITY CRITERIA

 Article 58 specifies the eligibility criteria for election as President:

o Must be a citizen of India.
o Must have completed the age of 35 years.
o Must be qualified for election as a member of the House of the People.
 A candidate must be subscribed by at least 50 electors as proposers and 50 electors
as seconders.
 Every candidate is required to make a security deposit of ₹15,000, which is forfeited
if the candidate fails to secure one-sixth of the votes polled.

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TERM AND RESIGNATION

 The President's term of office is five years from the date on which he assumes office
(Article 56).
 According to Article 56(1)(a), the President can submit his resignation in writing to
the Vice President of India.
 The President can also be removed from office through the process of Impeachment
as per Article 56(1)(b).
 The only ground for impeachment specified in Article 61(1) is the violation of the
Constitution. Notably, no President has ever been impeached.

SUCCESSION AND INTERIM RESPONSIBILITIES

 When a vacancy occurs in the office of the President due to resignation, removal,
death, or otherwise, the Vice President acts as the President until a new President is
elected.
 If the sitting President is unable to perform his functions due to absence, illness, or
any other cause, the Vice President discharges these functions until the President
resumes office.
 In the event that the office of the Vice President is vacant, the Chief Justice of India,
or if that office is also vacant, the senior-most judge of the Supreme Court available,
will act as the President.
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PARLIAMENTARY FUNCTIONS
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 According to Article 59(1), if any person who is a member of either House of

Parliament or a House of the State Legislature is elected as President, he is deemed to
have vacated his seat in that House upon entering office as President.
 The oath of office is administered by the Chief Justice of India (Article 60).

SALARY AND GOVERNMENT CONDUCT

 The current salary of the President is ₹5 lakh per month, paid from the Consolidated
Fund of India.
 According to Article 77, the conduct of the businesses of the Government of India is
formally done in the President's name.

LEGISLATIVE POWERS

 The President can summon a joint sitting of both Houses of Parliament (Article 108).
 When a bill is sent to the President after being passed by Parliament, he has the
options to:
o Give his assent to the bill.
o Withhold assent.
o Return the bill (if it is not a money bill) for reconsideration.
 If the bill is passed again by Parliament, with or without amendments, the President
must give his assent.
 A bill becomes an Act after the President's assent.

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  The President cannot return a money bill for reconsideration. Money bills can only
be introduced in Parliament, specifically in the Lok Sabha, with his prior
recommendation.

ORDINANCE POWER
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 The President can promulgate ordinances when Parliament is not in session (Article
123).
 These ordinances must be approved by Parliament within six weeks of its
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reassembly and can be withdrawn at any time.

JUDICIAL POWERS

 Article 72 empowers the President to grant pardons and to suspend, remit, respite,
reprieve, or commute sentences in certain cases.
 The President has the authority to consult the Supreme Court (Article 143).

AUTHORITY IN SCHEDULED AREAS

 The President can declare any area as a scheduled area and possesses powers
regarding the administration of scheduled areas and tribal areas.

MILITARY ROLE

 The President is the supreme commander of the defence forces (Army, Navy, and
Air Force) of India.

COUNCIL OF MINISTERS

 The 42nd Amendment Act, 1976 made the President bound by the advice of the
Council of Ministers headed by the Prime Minister.

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  The 44th Amendment Act, 1978, enacted by the Janta Party Government, authorized
the President to inquire the Council of Ministers to reconsider such advice either
generally or specifically. However, he must act in accordance with the advice
tendered after such reconsideration.

THE VICE-PRESIDENT OF INDIA

1. Model and Precedence

o The role of the Vice-President of India is modelled on the lines of the
American Vice-President.
o The Vice-President ranks next to the President in the official order of
precedence.
2. Constitutional Provisions
o Article 63: Establishes that there shall be a Vice-President of India.
o Article 64: Designates the Vice-President as the ex-officio Chairman of the
Council of States (Rajya Sabha).
o Article 65: While acting as President, the Vice-President does not perform the
duties of the Chairman of the Rajya Sabha.
3. Salary and Allowances
o The Vice-President is not entitled to the salary or allowances payable to the
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Chairman of the Rajya Sabha but receives the salary and allowances of the
President.
o The Vice-President draws a salary of ₹4 lakh per month in his capacity as the
ex-officio Chairman of the Rajya Sabha; however, the Constitution has not
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fixed any specific emoluments for the Vice-President in this role.

4. Election Process
o Elected by an electoral college consisting of the Members (both elected and
nominated) of both houses of Parliament.
o Article 66 (1): The election is conducted in accordance with the system of
proportional representation through the single transferable vote, with voting
done by secret ballot.
o Article 66 (3): Eligibility criteria for election include being a citizen of India,
having completed 35 years of age, and being qualified for election as a
member of the Rajya Sabha.
5. Tenure and Removal
o Article 67(a): The Vice-President holds office for a term of five years.
o Article 67(b): The Vice-President can be removed by a resolution of the Rajya
Sabha passed by an absolute majority and agreed to by the Lok Sabha.

THE COUNCIL OF MINIS TERS

1. Composition
o The Central Council of Ministers includes Cabinet Ministers, Ministers of
State, and Deputy Ministers.
2. Functions and Responsibilities

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 o Article 74: Establishes a Council of Ministers with the Prime Minister at the
head to aid and advise the President. The President acts in accordance with
such advice but can require reconsideration (added through the 44th
Constitutional Amendment Act, 1978).
o The advice tendered by Ministers to the President is not subject to inquiry in
any court (Article 74 (2)).
o The council of Ministers is collectively responsible to the Lok Sabha.
3. Appointment of Ministers
o Article 75 (1): The Prime Minister is appointed by the President, and other
Ministers are appointed by the President on the advice of the Prime Minister.
o Article 75 (2): The total number of Ministers, including the Prime Minister,
must not exceed 15% of the total strength of the Lok Sabha (as per the 91st
Amendment Act, 2003).
o Ministers hold office during the pleasure of the President.
4. Cabinet
o The term ‘Cabinet’ was inserted into Article 352 of the Constitution in 1978 by
the 44th Constitutional Amendment Act, which did not include it in the
original text.
o The Cabinet consists of Cabinet Ministers, including the Prime Minister.
5. Ministerial Accountability
o Ministers are responsible for every act of the bureaucrats of their concerned
Ministry to the Parliament.
o The Central Cabinet Secretariat is directly under the control of the Prime
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Minister, with the Cabinet Secretary serving as its administrative head and
ex-officio Chairman of the Civil Services Board.
6. Appointment of Non-Members
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o A person not a member of either house of Parliament can be appointed as a

Minister, but must become a member (by election or nomination) within six
months, or else they cease to be a minister.
7. Oath of Office
o The President administers the oath of office and secrecy to the Prime Minister
and other Ministers.
8. Prime Minister’s Duties
o The Prime Minister chairs Union Cabinet meetings.
o Article 78: It is the duty of the Prime Minister to communicate all decisions of
the Council of Ministers to the President and furnish information on
administration and legislative proposals as required by the President.
o The Prime Minister submits their resignation to the President.
9. Ministries and Departments
o Ministries are created by the President on the advice of the Prime Minister
under the Government of India (Allocation of Business Rules) 1961, which is
part of Article 77 of the Constitution.
o As of now, there are 41 ministries in the Government of India, including the
recently created Ministry of Cooperation. The number of Ministries at the
center was 18 on 15 August 1947.

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THE ATTORNEY-GENERAL OF INDIA

1. Constitutional Provision
o The Indian Constitution provides for the office of the Attorney-General of
India.
2. Role and Responsibilities
o The Attorney-General is the highest law officer in the country.
o Article 76 (1): The President shall appoint a person qualified to be appointed
as a judge of the Supreme Court to be the Attorney-General for India.
o Article 76 (2): It is the duty of the Attorney-General to give advice to the
Government of India on legal matters and perform other legal duties referred
or assigned to him by the President.
o Article 76 (3): In the performance of his duties, the Attorney-General shall
have the right of audience in all courts in the territory of India.
3. Tenure and Remuneration
o The Attorney-General holds office during the pleasure of the President and
receives remuneration determined by the President in the conduct of
government business (Article 76 (4)).
o He has the right to speak and participate in the proceedings of both houses of
Parliament or their joint sitting but does not have the right to vote.
o He enjoys all the privileges and immunities available to a member of
Parliament.
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THE ADVOCATE GENERAL OF STATE

1. State-Level Appointment
o Article 165 (1): The Governor of each State shall appoint a person qualified to
be appointed as a judge of a High Court to be the Advocate General for the
State.
o The Advocate General advises the State Governments on legal matters and
serves as the first legal adviser to the State Government.
o He holds office during the pleasure of the Governor.

THE COMPTROLLER AND AUDITOR GENERAL (CAG) OF INDIA

1. Constitutional Provision
o Article 148(1): There shall be a Comptroller and Auditor General of India
who shall be appointed by the President.
2. Tenure and Removal
o The CAG can only be removed from office in the manner and on the grounds
applicable to a judge of the Supreme Court.
o Article 148(4): The CAG is not eligible for further office under the
Government of India or under any State Government after ceasing to hold
office.
o The CAG holds office for a period of 6 years or until the age of 65 years.

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 3. Removal Process
o The CAG can be removed by the President based on a resolution passed by
both Houses of Parliament with a special majority, on grounds of proved
misbehaviour or incapacity.
4. Responsibilities and Authority
o The CAG is the guardian of the public purse and controls the entire financial
system of the country at both the Centre and State levels.
o He is referred to as the ‘Eye and Ear’ of the Public Accounts Committee.
o The CAG submits his audit reports relating to the accounts of the Centre to
the President, who, in turn, places them before both Houses of Parliament
(Article 151(1)).
o The CAG submits audit reports relating to the accounts of a State to the
Governor, who presents them before the State Legislature (Article 151(2)).
5. Significance
o Dr. B.R. Ambedkar described the CAG as the most important officer under
the Constitution of India.
6. Legislation and Reports
o The Comptroller and Auditor Generals (Duties, Powers and Conditions of
Service) Act came into effect in 1971, amended in 1976 for the separation of
accounts from audit.
o The CAG submits three audit reports to the President:
 Audit report on appropriation accounts
 Audit reports on finance accounts
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 Audit report on public undertakings
o The President lays these reports before both Houses of Parliament, after
which the Public Accounts Committee examines them and reports its findings
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to Parliament.

ORDER OF PRECEDENCE

1. Definition
o The order of precedence is a protocol list that ranks functionaries and
authorities in the Central and State Governments.
o It is intended for state and ceremonial occasions and has no application in the
day-to-day functioning of the Government.
2. Notification
o The notification regarding the order of precedence was released on 26 July,
1979.
3. Current Order of Precedence

1. President
2. Vice-President
3. Prime Minister
4. Governors of States (within their respective states)
5. Former President
5A. Deputy Prime Minister
6. Chief Justice of India and Speaker of the Lok Sabha
7. Cabinet Ministers of the Union, Chief Ministers

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 8. Ambassadors, Extraordinary and Plenipotentiary and High
Commissioners of Commonwealth countries accredited to India; Chief
Ministers of States (outside their respective states); and Governors of
States (outside their respective states)
9. Judges of Supreme Court
9A. Chairperson of Union Public Service Commission, Chief Election
Commissioner, and Comptroller and Auditor General of India
10. Deputy Chairman of Rajya Sabha, Deputy Chief Ministers of States,
Deputy Speaker of Lok Sabha, Members of the NITI Aayog (formerly
the Planning Commission), and Ministers of State of the Union
(including any other Minister in the Ministry of Defence for Defence
matters)
11. Attorney General of India, Cabinet Secretary, and Lieutenant
Governors within their respective Union territories
12. Chiefs of Staff holding the rank of full General or equivalent rank

THE PARLIAMENT OF INDIA (A)

1. Definition and Structure

o The Parliament is the legislative organ of the Union Government.
o Articles 79 to 122 in Part V of the Indian Constitution deal with the
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Parliament.
o According to Article 79, the Parliament of India consists of:
 The President
 The House of the People (Lok Sabha)
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 The Council of States (Rajya Sabha)

2. Lok Sabha
o The Lok Sabha, also known as the "House of the People," has a maximum
strength of 550 members.
o Currently, it has 543 members (State - 524, UTs - 19).
o Of the 550 members:
 530 are representatives of states
 20 are representatives of Union territories
o The President can nominate two members from the Anglo-Indian community
if he believes there is insufficient representation. However, this provision has
not been extended beyond 25 January 2020 due to the Constitution (One
Hundred and Fourth Amendment) Act, 2019.
3. Seat Allocation and Tenure
o The allocation of seats in the Lok Sabha is based on the Census of 1971.
o According to the 84th Constitutional Amendment Act, 2001, the next
assessment shall be conducted by the year 2026.
o States are allotted seats in the Lok Sabha based on population.
o The normal tenure of the Lok Sabha is 5 years from its first meeting after
general elections, but it can be dissolved by the President.
o Under Article 352, the Lok Sabha can be extended during a National
Emergency for one year at a time, but it cannot continue beyond 6 months
after the emergency has ceased.
4. Qualifications for Membership
o To be elected as a member of the Lok Sabha, a person must:

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  Be a citizen of India
 Be at least 25 years old
 Make and subscribe to an oath
 Possess other qualifications prescribed by Parliament.
5. Leadership
o According to Article 93, the Speaker and Deputy Speaker are elected by the
Lok Sabha from among its members.
o The Speaker can suspend the Lok Sabha, while prorogation and dissolution
are called by the President of India.
o According to Article 94 (b), the Speaker addresses his resignation in writing
to the Deputy Speaker and vice versa.
o The Speaker of the Lok Sabha is removed by a resolution passed by a
majority of all members, with a 14-day advance notice required.
6. Procedures and Rights
o While a resolution for the removal of the Speaker or Deputy Speaker is under
consideration, neither can preside, but both have the right to speak and
participate in proceedings.
o They can vote during the proposal process, except in cases of a tie, where the
Speaker uses a casting vote.
o The Lok Sabha Secretariat functions directly under the Speaker.
o After general elections, the Pro Tem Speaker administers the oath to newly
elected members of the Lok Sabha.
7. Presidential Powers and Sessions
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o As provided by the Constitution, the Speaker of the last Lok Sabha vacates
his office immediately before the first meeting of the newly elected Lok
Sabha. The President appoints a senior member as the Pro Tem Speaker.
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o Article 85(1) empowers the President to summon each house of Parliament as

deemed fit.
o The interval between two consecutive sessions cannot exceed six months,
making it mandatory for the Lok Sabha to meet at least twice a year.
8. Quorum and State Representation
o According to Article 100(3), the quorum for both Lok Sabha and Rajya Sabha
is 1/10th of the total members of the respective houses.
o Uttar Pradesh has the most Lok Sabha seats (80), followed by Maharashtra
(48) and West Bengal (42).
9. Election Commission Guidelines
o In January 2022, the Election Commission of India increased the expenditure
limits for candidates contesting in Lok Sabha and Legislative Assembly polls:
 For Lok Sabha elections: Increased to Rs. 95 lakh from Rs. 70 lakh.
 For State Assembly elections: Increased to Rs. 40 lakh from Rs. 28
lakh.
 For small states: Revised expenditure for Lok Sabha increased to Rs.
65 lakh from Rs. 54 lakh.
 For small state assemblies: Increased to Rs. 28 lakh from Rs. 20 lakh.
10. Historical Context
o The first Lok Sabha elections were held from 25 October 1951 to 21 February
1952, covering 489 seats.
o The first meeting of the Lok Sabha took place on 13 May 1952.
o Ganesh Vasudev Mavlankar became the first Speaker of the Lok Sabha and
served until his death on 27 February 1956. M. Ananth Ananthasayanam
Ayyangar was the Speaker for the remainder of the first Lok Sabha’s tenure.

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 o In 1954, a No-confidence motion was brought against the first Speaker by J.B.
Kriplani and 21 other members, which was rejected by the Lok Sabha.
o The first Deputy Speaker of Lok Sabha was M.A. Ayyangar.
o The first woman Speaker of Lok Sabha was Meira Kumar.
o The Speaker of the present (17th) Lok Sabha is Om Birla.

THE PARLIAMENT (B)

RAJYA SABHA

 Name: The Upper House of Parliament is known as the Rajya Sabha and is also
referred to as the 'Council of States'.
 Maximum Strength: The maximum strength of the Rajya Sabha is fixed at 250
members.

COMPOSITION

 Members: According to Article 80:

o The Rajya Sabha consists of 238 members from the states and union
territories, who are elected indirectly.
o Additionally, 12 members are nominated by the President from among
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persons who have special knowledge or practical experience in literature,
science, art, and social service.
 Election Process:
o Representatives of each state are elected by the elected members of the
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legislative assembly of the state according to a system of proportional

representation by means of the single transferable vote.
 Union Territories:
o Only 3 Union Territories (Delhi, Puducherry, and Jammu and Kashmir) out
of 8 have representatives in Rajya Sabha.

CHARACTERISTICS

 Permanent House: The Rajya Sabha is a Permanent House and is not subjected to
dissolution.
 Retirement of Members: 1/3rd of the members of the Rajya Sabha retire at the end
of every second year.
 Term Duration: The terms of its members are 6 years.

MEMBERSHIP CRITERIA

 To be elected as a member of the Rajya Sabha, a person must fulfil two criteria:
1. Must be a citizen of India.
2. Must be not less than 30 years of age.

LEADERSHIP

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  Chairmanship: The Vice-President of India serves as the ex-officio Chairman of the
Rajya Sabha (Council of States).
o When the Vice-President acts as President, he is not entitled to the salary and
allowances of the Chairman of Rajya Sabha; instead, he receives the salary
and allowances of the President.
 Deputy Chairman:
o The Rajya Sabha elects a Deputy Chairman from among its members.
o The Deputy Chairman must give his resignation in writing to the Chairman.
o The Rajya Sabha has the power to remove the Deputy Chairman from his
post by a resolution passed by a majority of members.
 Duties of Deputy Chairman:
o When the post of Chairman is vacant, the Deputy Chairman performs the
duties of the Chairman.
o While presiding over the Rajya Sabha, the Deputy Chairman cannot vote in
general but can exercise a casting vote in case of a tie.
o If a resolution to remove the Vice-President from office is under
consideration, he will not preside as Chairman, and similarly, he will not
preside when a resolution for the removal of the Deputy Chairman is under
consideration.

REPRESENTATION AND QUORUM

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 State Representation: The representation of states in Rajya Sabha is given in
proportion to their population.
 Quorum Requirement: For a quorum, there must be the presence of one-tenth of the
total number of members in Rajya Sabha.
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LEGISLATIVE PROVISIONS

 Representation of People Act, 1951: Through an amendment in 2003, this act made
provisions that any person can contest from anywhere for Rajya Sabha, even if they
are a resident of another state.
 4th Schedule of the Indian Constitution: This schedule enumerates the allocation of
Rajya Sabha seats for states and union territories.

SPECIAL LEGISLATIVE POWERS

 Article 249: If the Rajya Sabha passes a resolution with a 2/3 majority, the Parliament
can make laws in the national interest regarding subjects in the State List. This is
valid for a period of 1 year but can be extended by passing a resolution.
 Article 250: This article empowers Parliament to legislate on any matter in the State
List if a proclamation of emergency is in operation; however, six months after the
emergency ceases to operate, the legislation automatically expires.
 Article 252: This article empowers Parliament to legislate for two or more states by
consent and allows for the adoption of such legislation by any other state.
 Article 253: According to this article, Parliament has the power to make any law for
the whole or part of the territory of India for implementing international agreements
or conventions with any other country or any decisions made at any international
conference.

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THE PARLIAMENT (C)

STRUCTURE AND FUNCTIONING OF THE PARLIAMENT

 The Parliament of India is the supreme legislative body and follows the
Westminster model of government.
 The right to amend the Constitution is vested in the Parliament under Article 368.
 The maximum time gap between two sessions of Parliament is 6 months.

SESSIONS AND MEMBERSHIP

 There are usually three sessions in a year:

1. Budget Session
2. Monsoon Session
3. Winter Session
 Key officials of Parliament include the Lok Sabha Speaker, Deputy Speaker,
Secretary General, Rajya Sabha Chairman, and Deputy Chairman.
 If any member of Parliament remains absent for 60 days without informing the
respective house, their membership shall be terminated.
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PARLIAMENTARY PRIVILEGES
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 Article 105 of the Indian Constitution outlines the privileges and immunities of the
members of Parliament.
 For making an International treaty effective, Parliament can legislate on matters in
the State List without the consent of the states.

LEGISLATIVE PROCEDUR ES

 The Speaker or Chairman of the House has the authority to prohibit any member
from speaking and allow another to speak; this is referred to as yielding the floor.
 When a member of Parliament changes their allegiance or votes against their party, it
is termed as crossing the floor.

UNIQUE FEATURES OF PARLIAMENTARY SYSTEM

 Zero Hour is a unique feature of the parliamentary system in India, lasting for a
maximum of one hour (typically from 12 noon to 1:00 PM in Lok Sabha).
 A money bill can only be introduced in the Lok Sabha, and that too only on the
recommendation of the President of India. It cannot be introduced in the Rajya
Sabha.
 The Rajya Sabha cannot reject or amend a money bill and must return it within 14
days, after which the Lok Sabha may accept or reject its recommendations.

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JOINT SESSIONS

 According to Article 108, the President summons both houses for a joint sitting to
resolve deadlocks over bill passage.
 Article 118(4) states that the Speaker shall preside over a joint sitting of the two
houses.
 A joint sitting is called only for ordinary bills or financial bills.
 Since 26 January 1950, joint sittings have been invoked only three times:
1. 1961 for the Dowry Prohibition Bill
2. 1978 for the Banking Service Commission (Repeal) Bill
3. 2003 for the Prevention of Terrorism Bill.

FINANCIAL PROVISIONS

 Any legal bill can be introduced in either house of Parliament.

 The Speaker has the power to decide whether a bill is a money bill or not.
 To withdraw funds from the Consolidated Fund of India, the government needs to
pass appropriation bills.
 According to Article 116, if an appropriation bill is not passed and the government
needs funds, the Lok Sabha can withdraw funds from the Consolidated Fund
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through a Vote on Account for a fixed period.

PARLIAMENTARY COMMITTEES
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 The Parliament is assisted by various committees in discharging its duties. These

committees are either appointed or elected by Parliament or nominated by the
Speaker/Chairman. They operate under the direction of the Speaker/Chairman and
submit reports to them.
 Parliamentary Committees are mainly of two kinds:
1. Standing Committees: Permanent committees that are constituted every year
or periodically and work on a continuous basis.
2. Ad-hoc Committees: Temporary committees that cease to exist upon
completion of their assigned tasks.

TYPES OF STANDING COMMITTEES

1. Financial Committees
2. Department-related Standing Committees (Total of 24)
3. Committee of Inquiry
4. Committees to Scrutinize and Control
5. Committees Relating to Day-to-Day Business of the House
6. Housekeeping Committees or Service Committees

 The Financial Committees include:

o Public Accounts Committee
o Estimates Committee
o Public Undertakings Committee

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COMMITTEE COMPOSITION

 Most standing committees, excluding some, consist of members from both Lok Sabha
and Rajya Sabha in the ratio of 2:1.
 Public Accounts Committee: Comprises 22 members (15 from Lok Sabha and 7 from
Rajya Sabha) and examines various expenditure reports and accounts under
Parliament's purview.
 Estimates Committee: Consists of 30 members elected every year by the Lok Sabha
from among its members; all members are from Lok Sabha. Its function is to suggest
alternative policies for efficiency and economy in administration.
 Public Undertakings Committee: Also consists of 22 members (15 from Lok Sabha
and 7 from Rajya Sabha) and analyses the accounts and operations of state-owned
public sector undertakings (PSUs). It also monitors disinvestment policies of various
PSUs.

INQUIRY COMMITTEES

 Committee to Inquire includes:

o Committee on Petitions
o Committee on Privileges
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o Ethics Committee
 The Petition Committee in Lok Sabha consists of 15 members, while that in Rajya
Sabha consists of 10 members.
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 The Public Accounts Committee submits its report to the Lok Sabha Speaker, and
typically, a member from the opposition in Lok Sabha is appointed as the
chairperson by the Speaker of Lok Sabha.

DEPARTMENTAL STANDING COMMITTEES

 There are a total of 24 Departmental Standing Committees: 8 under Rajya Sabha

and 16 under Lok Sabha.

PARLIAMENTARY ACTS

1. Prevention of Food Adulteration Act

o Introduced in 1954 and came into force on 15 June 1955.
2. Protection of Civil Rights Act, 1955
o All punishable offenses are cognizable and triable summarily.
o Trials are conducted by First Class Judicial Magistrate; in metropolises, by
Metropolitan Magistrate.
3. Protection of Women from Domestic Violence Act, 2005
o Enforced from 26 October 2006.
4. Criminal Tribes Act
o Initially enacted in 1871.
5. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
o Applicable in India since 30 January 1990.
o The central government has the authority to make laws for implementation.

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 o Section 18 prohibits anticipatory bail for the accused.
o Rule 7 states that offenses under this act must be investigated by a police
officer not below the rank of Deputy Superintendent of Police.
o Section 14 empowers state governments to constitute a special court in each
district for speedy trials.
6. Hindu Marriage Act, Hindu Succession Act, and The Commission of Sati
(Prevention) Act
o Enforced in 1955, 1956, and 1987 respectively.
7. Right to Information (RTI) Act
o Came fully into force on 12 October 2005; recognized as a legal and
fundamental right.
o Used to obtain information from public authorities.
o Namit Sharma v/s Union of India case pertains to the RTI Act, 2005.
o Mazdoor Kisan Shakti Sangathan is known for advocating the RTI Act.
o Right to Information (Amendment) Act, 2019 modified terms for the Chief
Information Commissioner (CIC) and Information Commissioner (IC).
8. National Green Tribunal
o Established on 18 October 2010, under the National Green Tribunal Act,
2010.
9. Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA)
o Enacted to ensure self-governance through traditional gram sabhas for people
in Scheduled Areas.
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THE SUPREME COURT

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1. Judicial System Structure

o An integrated judicial system with the Supreme Court at the apex.
o Below it are various High Courts.
o This structure was adopted from the Government of India Act, 1935.
2. Inauguration and Composition
o The Supreme Court of India was inaugurated on 28 January 1950.
o Composed of Chief Justice of India and 33 other judges (increased from 30
under the Supreme Court (Number of Judges) Amendment Act, 2019).
3. Appointment of Judges
o Judges are appointed by the President of India.
o The President appoints the Chief Justice after consultation with other
Supreme Court judges and High Court judges.
o Eligibility criteria include:
 Being a citizen of India.
 Having served as a High Court Judge for at least 5 years or as an
advocate for 10 years.
 Distinguished jurist in the opinion of the President.
o No minimum age is specified for appointment.
4. Judges’ Responsibilities and Tenure
o Judges must subscribe to an oath or affirmation before the President.
o Resignation can be submitted in writing to the President.
o Judges can be removed by the President upon Parliament's recommendation,
requiring a special majority in both houses.

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 o Grounds for removal include proved misbehavior and incapacity.
o Judges retire at the age of 65 years.
5. Judicial Powers and Jurisdiction
o Article 127 allows the Chief Justice to appoint a High Court judge as an ad
hoc judge of the Supreme Court temporarily.
o A bench interpreting the Constitution must consist of at least 5 judges.
o According to Article 129, the Supreme Court is a Court of Record, with the
power to punish for contempt.
o Article 131 defines its original jurisdiction concerning disputes involving the
Government of India and states.
o Articles 132 to 136 outline the appellate jurisdiction.
o The Supreme Court can quash decisions of quasi-judicial tribunals under its
extraordinary powers (Article 136).
o Article 137 provides the Supreme Court the power to review its judgments.
6. Judicial Review and Guardian of the Constitution
o The concept of judicial review is based on the procedure established by law.
o The Supreme Court is the final authority on interpreting the Constitution,
serving as its guardian.
o Article 143 allows the President to seek the Supreme Court’s opinion on legal
matters of public importance.
o The Supreme Court may choose to refuse or be bound to respond based on
the nature of the inquiry.
o The Supreme Court can transfer cases to any court in the country.
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7. Doctrine of Basic Structure
o The source of this doctrine is through judicial interpretation.
o Article 141 mandates that the Supreme Court's decisions are binding on all
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other courts in India.

o Established in the Keshavananda Bharati Case (1973), the Doctrine of Basic
Structure is pivotal in protecting the Constitution's essential framework.

THE GOVERNOR

1. Constitutional Framework
o The Constitution of India establishes a parliamentary system of government
in the states similar to that at the center. Articles 153 to 167 in Part VI of the
Constitution pertain to the government of the state.
2. Position and Appointment
o The Governor serves as the executive head of the state. Traditionally, a
person holds the governorship of only one state; however, after the 7th
Constitutional Amendment Act, 1956, the same individual can be appointed
as Governor of two or more states.
o The Governor is appointed by the President of India as per Article 155.
3. Tenure and Resignation
o The Governor holds office for a term of five years from the date he assumes
office. However, this tenure is subject to the pleasure of the President (Article
156(1)).
o The Governor can resign at any time by addressing a resignation letter to the
President (Article 156(2)).
4. Qualifications
o According to Article 157, the qualifications for the post of Governor are:

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 1. He must be a citizen of India.
2. He must be over 35 years of age.
5. Jammu & Kashmir Reorganisation
o The Jammu & Kashmir Reorganisation Act, 2019 reorganized the state into:
 The Union Territory of Jammu & Kashmir with a legislature.
 The Union Territory of Ladakh without a legislature.
Both Union Territories will be administered by the President through a Lieutenant
Governor appointed by him.
Executive Authority
All executive actions of the state are formally executed in the name of the Governor.
The salary, wages, and other expenditures related to the Governor are charged upon
the Consolidated Fund of each state (Article 202(3)(A)).
Legislative Powers
The Governor has the authority to appoint the Chief Minister and the Council of
Ministers based on the advice of the Chief Minister (Article 164(1)).
He is an integral part of the State Legislative Assembly, with the rights to address it,
send messages, and summon, prorogue, or dissolve the Assembly.
The Governor can nominate one-sixth of the members of the Legislative Council. He
can also nominate a member of the Anglo-Indian community to the Legislative Assembly if
he believes they require representation. However, this arrangement has not been extended
beyond 25 January 2020, following The Constitution (One Hundred and Fourth
Amendment) Act, 2019.
Judicial and Legislative Functions
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A person qualified to be a High Court judge may be appointed as the Advocate
General by the Governor (Article 165).
When a bill is passed by the State Legislature and sent to the Governor, he can either
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give his assent, return it for reconsideration (if it is not a money bill), or reserve it for the
consideration of the President (Article 201). If the bill is passed again by the State
Legislature, the Governor must give his assent.
The Governor can promulgate ordinances when the State Legislature is not in session
(Article 213).
Pardoning Powers
The Governor has the authority to grant pardons, reprieves, respites, and remissions
of punishment, as well as to suspend, remit, and commute the sentences of individuals
convicted of offenses against laws within the executive power of the state (Article 161).
Historical Note
Sarojini Naidu was the first woman to be nominated as a Governor of any state,
serving as the Governor of Uttar Pradesh from 15 August 1947 to 2 March 1949.

THE STATE LEGISLATURE

LEGISLATIVE COUNCIL

1. Creation and Abolition

o According to Article 169, the Parliament has the power to abolish or create
the Legislative Council in a state. Article 171 of the Indian Constitution
provides for the formation of Legislative Councils in the states.
2. Current Status

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 o Presently, only six states have Legislative Councils: Andhra Pradesh,
Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. The
Legislative Council is a permanent house with a tenure of six years for its
members.
3. Composition and Membership
o As per Article 171(1), the maximum strength of the Legislative Council shall
not exceed one-third of the total strength of the Legislative Assembly, but it
must not be less than 40 members.
o Uttar Pradesh has the largest Legislative Council, comprising 100 members.
o Members of the Legislative Council are elected according to the system of
proportional representation by means of the single transferable vote
(Article 171(4)).
o To be elected as a member of the Legislative Council, a person must be at
least 30 years old.
4. Disqualification of Members
o If there is a question regarding whether a member of the legislature has
become subject to disqualifications mentioned in Article 191, the matter is
referred to the Governor, whose decision shall be final. The Governor must
seek the opinion of the Election Commission before making a decision.
5. Election and Nomination
o Article 171(3) provides for the election of the nearest 5/6 of the members of
the Legislative Council, while the remaining members are nominated by the
Governor.
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o The composition of Legislative Councils in the states is governed by the
provisions of Section 10 and Schedule 3 of The Representation of the People
Act, 1951, as amended from time to time.
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6. Chairman and Deputy Chairman

o The State Legislative Council has the authority to remove its Chairman or
Deputy Chairman from their posts by a resolution passed by a majority of the
members.
7. Disqualification Rules
o Article 191 of the Constitution of India deals with the disqualifications
applicable to the members of the Legislative Council.

LEGISLATIVE ASSEMBLY

1. Constitutional Framework
o Articles 168 to 212 in Part VI of the Indian Constitution pertain to the state
legislature. The state legislature consists of the Legislative Council,
Legislative Assembly, and the Governor.
2. Composition
o The Legislative Assembly of each state is composed of members elected by
direct election based on Universal Adult Suffrage from territorial
constituencies.
o The maximum number of members in the Assembly shall not exceed 500 and
must not be less than 60 members.
o The smallest assembly in the Union Territories is Puducherry (33 members)
and in states is Sikkim (32 members).

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 o Uttar Pradesh has the largest Legislative Assembly, comprising 403
members.
3. Elections
o The Election Commission of India conducts elections for the state
legislatures. According to Article 170(2), each state shall be divided into
territorial constituencies to maintain a proportional ratio between the
population of each constituency and the number of seats allotted.
4. Speaker's Role
o The Speaker of the Assembly has the authority to cast a vote in the event of a
tie.
o The Speaker also establishes communication between the House and the
Governor. In the absence of the Speaker, the Deputy Speaker acts as the
Speaker of the Assembly.
o The Rights and Functions of the Speaker of the Legislative Assembly are the
same as those of the Speaker of the lower house of Parliament.
5. Legislative Assembly Membership
o As per the 84th Constitutional Amendment Act, 2001, the number of
members in State Assemblies will remain unchanged until the year 2026.
o Under Section 14(3) of the Jammu and Kashmir Reorganisation Act, 2019,
the total number of assembly members in Jammu & Kashmir is 107, while 24
election constituencies fall in areas occupied by Pakistan (POK).
6. Qualifications
o Article 173 outlines the qualifications to be a member of the Legislative
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Assembly:
 The individual must be a citizen of India.
 The individual must be at least 25 years of age.
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o According to Article 332, the Constitution provides for the reservation of

seats for Scheduled Castes and Scheduled Tribes in the Legislative
Assembly in proportion to their population.

THE HIGH COURT

CONSTITUTIONAL FRAMEWORK

1. Position and Authority

o The High Court occupies the top position in the judicial administration of the
state as per the Constitution of India. Each state is mandated to have a High
Court; however, the 7th Amendment Act of 1956 authorized Parliament to
establish a common High Court for two or more states and a Union Territory.
2. Relevant Articles
o Articles 214 to 231 in Part VI of the Constitution deal with the organization,
independence, jurisdiction, powers, and procedures of the High Court.
 Article 214 states that every state will have a High Court.
 Article 215 designates every High Court as a Court of Record.
 Article 216 stipulates that each High Court, whether inclusive or
common, will consist of a Chief Justice and other judges as deemed
necessary by the President.

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FUNCTIONS AND RESPONSIBILITIES

3. Court of Record
o A High Court being a Court of Record means that its judgments, proceedings,
and acts are recorded for perpetual memory and testimony. These records
hold evidentiary value, cannot be questioned when produced before any
subordinate court, and are recognized as legal precedents. The courts also
possess the power to punish for contempt.
4. Judges and Appointments
o Judges of the High Courts are appointed by the President.
o A judge holds office until the age of 62 years and can resign by writing to the
President.
o Judges can be removed by the President upon the recommendation of
Parliament, following an address presented in the same session for removal
by a special majority.
o Just like a Supreme Court judge, a High Court judge can be removed on
grounds of proved misbehavior or incapacity.
5. Qualifications for Appointment
o To be appointed as a judge of a High Court, an individual must:
 Be a citizen of India.
 Have held a judicial office in the territory of India for ten years, or
 Have been an advocate of a High Court (or High Courts in succession)
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for ten years.
6. Acting Chief Justice
o Article 223 allows the President to appoint a judge of a High Court as an
acting Chief Justice when the Chief Justice’s office is vacant, or when the
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Chief Justice is temporarily absent or unable to perform their duties.

JURISDICTION AND POWERS

7. Writs and Superintendence

o Article 226 empowers the High Court to issue writs for enforcing the
Fundamental Rights of citizens or for other purposes.
o Article 227 states that every High Court shall have superintendence over all
courts and tribunals throughout the territories under its jurisdiction.
8. Current High Courts
o There are currently 25 High Courts in India, with 7 of them having
jurisdiction over more than one state or Union Territory. Delhi and Jammu &
Kashmir are the Union Territories with their own High Courts, while other
Union Territories fall under the jurisdiction of various state High Courts. The
Parliament can extend the jurisdiction of a High Court.

HISTORICAL BACKG ROUND

9. Establishment of High Courts

o The institution of the High Court originated in India in 1862 with the
establishment of High Courts at Calcutta, Bombay, and Madras.
o In 1866, the High Court of Judicature for the North-Western Provinces was
established at Agra, which was later shifted to Allahabad in 1869.

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ADMINISTRATIVE C ONTROL

10. Appointment of District Judges

o Article 233(1) states that the appointment, posting, and promotion of district
judges in a state are made by the Governor in consultation with the High
Court.
11. Control over Subordinate Courts
o Article 235 empowers the High Court to control all other subordinate courts
within the state.

ADDITIONAL JUDICIAL MECHANISMS

12. Preventive Detention

o In India, a person can be detained under Preventive Detention for a
maximum period of 3 months.
13. Lok Adalats
o Lok Adalats (People’s Court) serve as an alternative dispute resolution
mechanism in India. They provide a forum where pending or pre-litigation
cases can be settled. Lok Adalats can take up civil cases (including marriage
and family) and compoundable criminal cases.
o A Lok Adalat is typically presided over by a sitting or retired judicial officer,
along with two other members: a lawyer and a social worker.
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14. Gram Nyayalayas
o The Gram Nyayalaya Act 2008 provides for the establishment of Gram
Nyayalayas at the grassroots level to ensure access to justice for citizens at
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their doorstep. Gram Nyayalayas have jurisdiction over both civil and
criminal cases.

THE CENTRE-STATE RELATION

The Constitution of India establishes a federal structure, dividing powers—legislative,

executive, and financial—between the Centre and the States. This framework is essential for
maintaining the balance of power and ensuring effective governance across different levels.

LEGISLATIVE RELATIONS

Part XI (Articles 245 to 255) of the Constitution governs legislative relations between the
Centre and the States. Key provisions include:

 Article 245: Empowers the Parliament to legislate for the entire Territory of India or
any part thereof, while state legislatures can make laws for their respective states.
 Article 247: Grants Parliament the authority to establish additional courts as
necessary.

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  Article 248: Vests residuary powers of legislation in Parliament, allowing it to
legislate on subjects not enumerated in the State List.
 Article 246: Specifies the subject matters of laws made by Parliament and State
Legislatures, divided into three lists:
o List I (Union List): Subjects on which only Parliament can legislate.
o List II (State List): Subjects on which only State Legislatures can legislate.
o List III (Concurrent List): Subjects on which both Parliament and State
Legislatures can legislate.
 The 7th Schedule of the Constitution details the distribution of these legislative
subjects.
 The 101st Constitutional Amendment Act, 2016 introduced Article 246A, which
empowers both Parliament and State Legislatures to legislate regarding Goods and
Services Tax (GST).
 Article 249: Allows Parliament to legislate on matters in the State List in the national
interest, provided a resolution is passed by the Rajya Sabha with a two-thirds
majority of members present and voting.
 Article 250(1): Authorizes Parliament to legislate on State List matters during a
proclamation of emergency.
 Article 251: States that if there is any inconsistency between laws made by
Parliament under Articles 249 and 250 and those made by State Legislatures, the
Parliament's laws prevail.
 Article 252: Allows Parliament to legislate for two or more States with their consent
and permits any other State to adopt such legislation.
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 Article 253: Empowers Parliament to enact laws for fulfilling international
obligations through treaties, agreements, and conventions, even on State List matters.
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ADMINISTRATIVE RELATIONS

Part XI (Articles 256 to 263) addresses administrative relations between the Centre and the
States. Important articles include:

 Article 256: Mandates that States must comply with directions given by the Centre
regarding the execution of laws.
 Article 257: Discusses the Union's control over States in specific situations.
 Article 258: Permits the Union to delegate powers to States with the latter's consent,
enabling the President to entrust executive functions of the Centre to State
governments.
 Article 262(1): Addresses the adjudication of disputes related to inter-state rivers or
valleys.
 Article 263: Allows the President to establish an Inter-State Council to investigate
and discuss subjects of common interest between the Centre and the States. This
council was established in 1990.

FINANCIAL RELATIONS

Part XII (Articles 264 to 293) outlines the financial relations between the Centre and the
States. Key provisions include:

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  Article 265: States that no tax shall be levied or collected without the authority of
law.
 Article 266(1): Establishes the Consolidated Fund of India, which includes all
revenues, loans, and repayments received by the Union Government.
 Article 267(1): Creates the Contingency Fund of India.
 The 101st Constitutional Amendment Act, 2016 added Article 279A, establishing the
Goods and Services Tax Council.
 Article 267(2): Permits States to establish their own Contingency Funds.
 Article 275: Discusses grants allocated by the Union to certain States.
 The new Article 269A, introduced by the 101st Amendment, governs the levy and
collection of GST during inter-state trade or commerce.
 Article 280(1): Requires the establishment of a Finance Commission, a quasi-judicial
body constituted by the President every five years to review the financial relations
between the Centre and the States.
 Article 281: Mandates the President to present the Finance Commission's report
before both Houses of Parliament, along with an explanatory memorandum
regarding the actions taken on its recommendations.
 In 1983, the Central Government appointed the Sarkaria Commission (chaired by
R.S. Sarkaria, a retired Supreme Court Judge) to examine Centre-State relations. The
final report was submitted in January 1988.
 Other notable committees associated with Centre-State relations include the
Rajamannar Committee and the Punchhi Commission.
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EMERGENCY PROVISION S
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The Emergency Provisions are outlined in Part XVIII of the Constitution, covering Articles
352 to 360. These provisions empower the Central Government to effectively address
abnormal situations. The Constitution recognizes three types of emergencies:

1. National Emergency (Article 352):

o Declared due to war, external aggression, or armed rebellion.
2. President's Rule (Article 356):
o Imposed due to the failure of constitutional machinery in a state.
3. Financial Emergency (Article 360):
o Proclaimed in response to threats to the financial stability or credit of India.

NATIONAL EMERGENCY (ARTICLE 352)

 The President can declare a national emergency when the security of India or any
part of it is threatened by war, external aggression, or armed rebellion.
 The proclamation must be approved by both Houses of Parliament within one
month from the date of its issuance.
o If the Lok Sabha is dissolved during this period, the proclamation remains
valid for 30 days from the first sitting of the Lok Sabha after its reconstitution,
provided that the Rajya Sabha approves it in the meantime.
 Upon approval by both Houses, the emergency can last for 6 months and may be
extended indefinitely by a special majority of Parliament every six months.

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During a National Emergency:

 Parliament is empowered to legislate on any subject in the State List.

 Laws enacted by Parliament on State subjects become inoperative six months after
the emergency ends.
 The President can issue ordinances on State subjects if Parliament is not in session.

REVENUE DISTRIBUTION (ARTICLE 354)

 While a national emergency is in operation, the President may modify the

constitutional distribution of revenues between the Centre and the States.

EXTENSION OF LOK SABHA (ARTICLE 83)

 The life of the Lok Sabha may be extended beyond its normal term (5 years) by law
for one year at a time, though this extension cannot exceed six months after the
emergency ends.

SUSPENSION OF FUNDAMENTAL RIGHTS (ARTICL ES 358 AND 359)

 Article 358: The Fundamental Rights guaranteed by Article 19 are suspended

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automatically during a national emergency due to war or external aggression. No
separate order for their suspension is required.
 Article 359: Other Fundamental Rights (except those guaranteed by Articles 20 & 21)
can be suspended. The President is authorized to suspend the right to move any
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court for the enforcement of Fundamental Rights during a national emergency.

HISTORICAL CONTEXT

 The National Emergency has been proclaimed three times so far: in 1962, 1971, and
1975.

PRESIDENT'S RULE (AR TICLE 356)

 President's Rule is imposed in case of failure of constitutional machinery in a state.

 The President can act either on a report from the Governor or even without such a
report.
 Under this arrangement, the President acquires all powers of the concerned state
government.
 The President dismisses the state council of ministers headed by the Chief Minister.
 During President's Rule, Parliament can pass state legislative bills and the state
budget.
 The proclamation must be approved by both Houses of Parliament within two
months from the date of its issuance.
o If approved, President's Rule continues for 6 months and can be extended for
a maximum of 3 years with Parliament's approval, every six months.

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  Resolutions approving the proclamation or its continuance can be passed by either
House of Parliament by a simple majority.

FINANCIAL EMERGENCY (ARTICLE 360)

 Article 360 empowers the President to proclaim a financial emergency if the financial
stability or credit of India is threatened.
 This proclamation must be approved by both Houses of Parliament within two
months from the date of issuance.
 Once approved, the financial emergency remains in effect until revoked.

During a financial emergency:

 The Centre gains full control over the States in financial matters.

CRITICISM AND OBSERVATIONS

 No financial emergency has been declared so far.

 K.M. Nambiar, while criticizing the emergency powers of the President, referred to
them as “a fraud on the Constitution.”
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 The phrase ‘armed rebellion’ was introduced by the 44th Amendment Act of 1978,
replacing the original term ‘internal disturbance’.
 According to Article 355, it is the duty of the Union to protect States against external
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aggression and internal disturbances.

THE FINANCE COMMISSION

 Constitutional Provision:
o Article 280 of the Constitution mandates the establishment of a Finance
Commission by the President of India every fifth year, or at an earlier time as
deemed necessary.
 Functions:
o The Finance Commission is responsible for making recommendations on:
 Distribution of the net proceeds of taxes to be shared between the
Centre and states.
 Allocation of respective shares among states.
 Principles governing grants-in-aid from the Centre to the states.
 Historical Context:
o First Finance Commission:
 Constituted under the chairmanship of K.C. Neogy on November 22,
1951.
o 14th Finance Commission:
 Chaired by Shri Y.V. Reddy.

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 Recommended increasing the share of states in the net tax proceeds

from 32% to 42%.
 Its recommendations were enforced for the five-year period from 2015
to 2020.
o 15th Finance Commission:
 Chaired by N.K. Singh.
 Its recommendations are applicable from 2020 to 2025.
 Submitted two reports:
 First report: Recommendations for the financial year 2020-21.
 Final report: Recommendations for the period 2021-2026.
 Structure:
o The Finance Commission, constituted under Article 280(1), comprises a
chairman and four other members appointed by the President.

THE PLANNING COMMISS ION / NITI AAYOG

 Establishment:
o The Planning Commission was established by an executive resolution of the
Government of India on March 15, 1950.
o It is neither a constitutional body nor a statutory body.
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o Its formation was based on the recommendations of an advisory planning
board chaired by K.C. Neogy.
 Leadership:
o The Prime Minister serves as the ex-officio chairman.
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o The first Vice-Chairman of the Planning Commission was Guljari Lal Nanda.
 Functions:
o The main function of the Planning Commission was to prepare five-year
plans for the central government.
 Transition to NITI Aayog:
o The Planning Commission was replaced by the NITI Aayog on January 1,
2015.
o NITI stands for National Institution for Transforming India.
 Current Leadership:
o The current Vice-Chairman of NITI Aayog is Rajiv Kumar.
o The Chief Executive Officer is Amitabh Kant.
o The status of the Vice-Chairperson is equivalent to that of a Cabinet Minister.
 National Development Council:
o Established on August 6, 1952, as a platform for cooperative federalism and
to discuss matters related to the socio-economic development of the country

LOKPAL AND IMPORTANT COMMISSIONS

INTRODUCTION TO OMBUDSMAN

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  The earliest democratic institution for redressing citizens' grievances is the
Scandinavian institution of Ombudsman.
 The institution of Ombudsman was first established in Sweden in 1809.

ESTABLISHMENT OF LOKPAL AND LOKAYUKTA

 In response to the long-standing demand for a mechanism to address complaints of

corruption against public functionaries, India proposed the establishment of:
o Lokpal at the central level.
o Lokayukta at the state level.
 Administrative Reform Commission (1966-1970):
o Chaired by Morarji Desai, the first Administrative Reform Commission
recommended the setting up of Lokpal and Lokayuktas on January 5, 1966.
o In 1967, K. Hanumanthaiah became the Chairman of the Commission.
 Legislative Efforts:
o Bills regarding Lokpal were first introduced in Parliament in 1968 (4th Lok
Sabha).
o The bill was unable to be passed initially.
 State Initiatives:
o In 1971, Maharashtra became the first state to establish the institution of
Lokayukta.
o Odisha passed the Act in 1970, but it came into force only in 1983.
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o According to the Uttar Pradesh Lokayukta Act of 1975, the Lokayukta
submits a report to the Governor, who then presents it to both houses of the
State Legislature.
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ESTABLISHMENT OF LOKPAL

 The institution of Lokpal was established for the first time in India by The Lokpal
and Lokayuktas Act, 2013.
 The Lokpal consists of a Chairperson and eight members.
 First Lokpal: Former Justice Pinaki Chandra Ghose was appointed as India's first
Lokpal.

KEY COMMISSIONS AND THEIR CONTRIBUTIONS

 Vohra Committee (1993):

o Established to study the problem of the criminalization of politicians and
bureaucrats in India.
 Rajmannar Committee:
o Recommended the abolition of the Indian Administrative Service and Indian
Police Services.
 Protection of Human Rights Ordinance:
o Promulgated by the then President under Article 123 in 1993.
o Led to the enactment of the Protection of Human Rights Act, which came into
force on September 28, 1993.

NATIONAL HUMAN RIGHTS COMMISSION (NHRC)

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  The NHRC is a statutory (non-constitutional) body established on October 12, 1993.
 Appointment: Its Chairman and members are appointed by the President based on
recommendations from a six-member committee that includes:
o The Prime Minister (Chair),
o The Speaker of the Lok Sabha,
o The Deputy Chairman of the Rajya Sabha,
o The Leaders of Opposition in both houses of Parliament,
o The Home Minister.
 Functions: The Commission primarily has recommendatory functions.
 Amendments (2019):
o The Protection of Human Rights (Amendment) Act, 2019 amended the
original Act of 1993. Major amendments include:
1. The chairperson must be a person who has been the Chief Justice of
the Supreme Court or a judge of the Supreme Court.
2. At least one of the three appointed members must be a woman with
knowledge of human rights.
3. The term of office for the chairman and members of the NHRC and
SHRC is reduced to three years or until the age of 70, whichever is
earlier.

STATE FINANCE COMMISSION

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 The Chairperson and members of the State Finance Commission are appointed by
the Governor.
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CENTRAL INFORMATION COMMISSION

 Established by an official gazette notification under the Right to Information Act,

2005.
 Tenure: The term of the Central Information Commissioner is up to five years or
until the age of 65.
 Amendment (2019): The Right to Information (Amendment) Act, 2019 stipulates that
the tenure of the Chief Information Commissioner and other Information
Commissioners will be determined by the Central Government. Additionally, their
salary, allowances, and other facilities will be the same as determined by the Central
Government.

MANDAL COMMISSION

 Established in 1979 under the chairmanship of Bhindeshwari Prashad Mandal.

 The main task was to identify socially and educationally backward classes in India.

PUBLIC SERVICE COMMISSIONS

 Union Public Service Commission (UPSC):

o Consists of a Chairman and other members appointed by the President of
India.

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  State Public Service Commission (SPSC):
o The Chairman and members are appointed by the Governor of the state.
 Reporting:
o According to Article 323, the UPSC presents an annual report to the President
on its performance, while the SPSC presents its report to the Governor.
 Funding:
o Article 322 states that the expenses of the Union or State Public Service
Commission shall be charged on the Consolidated Fund of India or the
Consolidated Fund of the State (in the case of SPSC).

TEMPORARY SPECIAL PR OVISIONS

 Articles 369 to 392 in Part XXI of the Constitution of India deal with temporary,
transitional, and special provisions.

ARTICLE 370: JAMMU AND KASHMIR

 Article 370 was specifically related to the temporary provisions of the state of Jammu
and Kashmir.
 The state of Jammu and Kashmir had its own separate Constitution:
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o The Constitution of Jammu and Kashmir was adopted on November 17, 1956,
and came into force on January 26, 1957.
 Jammu and Kashmir was excluded from Article 152 of Chapter I of Part VI, which
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provides the definition of a state.

 Article 370 granting temporary special provisions to Jammu and Kashmir was
declared inoperative through a notification issued by the President on the
recommendation of Parliament on August 6, 2019.
 The Jammu and Kashmir Reorganization Act, 2019 bifurcated the state of Jammu
and Kashmir into two Union Territories: Jammu and Kashmir and Ladakh.

SPECIAL PROVISIONS FOR OTHER STATES

 The states of Maharashtra and Gujarat are given special provisions under Article
371.
 Other states with special provisions include:
o Nagaland: Article 371 A
o Assam: Article 371 B
o Manipur: Article 371 C
o Sikkim: Article 371 F
o Mizoram: Article 371 G
o Goa: Article 371 I
o Karnataka: Article 371 J

ELECTION COMMISSION

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  Articles 324 to 329 in Part XV of the Constitution deals with the provisions related to
the electoral system.

COMPOSITION AND APPOINTMENT

 According to Article 324, there shall be an Election Commission, which is a

permanent and independent body.
 This commission is responsible for the superintendence, direction, and control of
conducting elections to:
o The Parliament
o State Assemblies
o The President
o The Vice-President

STRUC TURE

 The Election Commission consists of:

o A Chief Election Commissioner
o Other election commissioners (the number is decided by the President from
time to time) [Article 324(2)].
 The Chief Election Commissioner and other election commissioners are appointed
by the President.
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HISTORICAL DEVELOPMENTS
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 Until October 15, 1989, there was only one election commissioner. On October 16,
1989, two additional election commissioners were appointed for the first time, but
these posts were in effect only until January 1, 1990.
 On October 1, 1993, two more additional election commissioners were appointed,
leading to the current structure of three members in the Election Commission.
 Presently, there are three Election Commissioners who possess equal power, with
salaries and perks equivalent to those of Supreme Court judges.

TENURE AND REMOVAL

 The tenure of the Election Commissioners is 6 years or up to the age of 65 years

(whichever is earlier).
 The Chief Election Commissioner can be removed from office only in a manner and
on the grounds prescribed for the removal of Supreme Court judges [Article 324(5)].
 Other Election Commissioners or State Election Commissioners can be removed by
the President on the recommendation of the Chief Election Commissioner.

ELECTION NOTIFICATIONS

 The notification for elections to the Lok Sabha and Rajya Sabha is issued by the
President, while for the State Legislative Assemblies, it is issued by the Governor.

RIGHT TO VOTE

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  Article 326 mentions the provision of Adult Suffrage, establishing the Right to Vote
in India as a statutory right.
 According to the People Representation Act, 1951, there is a right to vote and to be
elected in India.
 The voting age was reduced from 21 years to 18 years by the 61st Constitutional
Amendment Act, 1988, which came into effect on March 28, 1989.

LOCAL BODY ELECTIONS

 Elections to local bodies (Panchayats and municipalities) are conducted by the State
Election Commission.

DELIMITATION COMMISSION

 The Delimitation Commission is established by the Government of India to redraw

the boundaries of various assemblies and Lok Sabha constituencies based on the
latest census.
 The Delimitation Commission has been set up five times (in 1952, 1963, 1973, 2002,
and 2020).
o Note: The fifth Delimitation Commission was constituted in March 2020.
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POLITICAL PARTIES
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 The party system is a fundamental component of the political system.

 The formation and functioning of government in a democratic political system rely
on the party system.

REGISTRATION OF POLI TICAL PARTIES

 Under the Representation of the People Act, 1951, there are provisions for the
registration of political parties.
 The Election Commission is responsible for registering political parties.
 The 52nd Constitutional Amendment Act, 1985 conferred constitutional status to
political parties for the first time, coming into force on March 1, 1985.
 The Tenth Schedule, related to the Anti-defection law, was added to the Indian
Constitution by the same amendment.

INTERNAL DEMOCRACY A ND RECOGNITION

 Internal party democracy is practiced for internal elections within political parties,
occurring periodically to elect party officials.
 The Election Commission is empowered to grant national and state party status to
different political parties.
 Currently, eight political parties are recognized as national-level parties in India:
o Indian National Congress (INC)
o Bharatiya Janata Party (BJP)

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 o Bahujan Samaj Party (BSP)
o Communist Party of India (CPI)
o Communist Party of India - Marxist (CPI-M)
o Nationalist Congress Party (NCP)
o All India Trinamool Congress (AITC)
o National People's Party (NPP)

ELECTORAL PRINCIPLES

 In India, elections are conducted based on Universal Adult Franchise.

 Political parties have the freedom to establish their own standards.

NOTABLE POLITICAL PARTIES

 Indian National Congress:

o Founded in 1885; its first president was W.C. Banerjee.
o The term "National" in Indian National Congress reflects the reaction against
British rule.
 Bharatiya Janata Party:
o Founded in 1980; its first president was Atal Bihari Vajpayee.
 Independent Labour Party:
o Founded by Dr. B.R. Ambedkar in 1936.
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 Communist Party of India:
o Founded in 1925; CPI (Marxist) was founded in 1964.
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CONSTITUTIONAL AMENDMENT

 Any constitution, even if crafted wisely, requires amendments to adapt to changing

times and circumstances.
 The Indian Constitution embodies a blend of rigidity and flexibility, allowing for
amendments as necessary.

AMENDMENT PROCESS

 The power to amend the Constitution is granted by Article 368, which is located in
Part 20 of the Indian Constitution.
 The Constitution can be amended in three different ways:
1. Simple Majority
2. Special Majority
3. Special Majority with Ratification by Half of the State Legislatures
 A Constitutional Amendment Bill can be introduced in either house of Parliament.
 This bill must be passed separately by both houses of Parliament with a special
majority; there is no provision for a joint sitting of the houses for this purpose.

SPECIFIC SUBJECTS RE QUIRING SPECIAL PROC EDURES

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  Certain subjects necessitate a special majority of Parliament and ratification by half
of the state legislatures for amendment. These include:
o Election of the President
o Representation of states in Parliament
o Rights of the Supreme and High Courts
o Power of Parliament to amend the Constitution
o Any matters in the Seventh Schedule

SIMPLE MAJORITY AMENDMENTS

 Amendments requiring only a simple majority in both houses do not fall under the
purview of Article 368. Examples include:
o Admission or establishment of new states
o Alteration of names, areas, and boundaries of existing states

SIGNIFICANT CONSTITUTIONAL AMENDMENTS

1. 1st Amendment Act, 1951: Added two new Articles, Article 31(a) and Article 31(b),
along with the Ninth Schedule.
2. 42nd Amendment Act, 1976: Known as the Mini-Constitution.
3. 52nd Amendment Act: Related to the Anti-defection Law.
4. 61st Amendment Act, 1988: Reduced the voting age from 21 years to 18 years.
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5. 69th Amendment Act, 1991: Granted Delhi the status of the National Capital
Territory.
6. 86th Amendment Act, 2002: Introduced Article 21(a), ensuring the Right to
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Education and provisions for free and compulsory education for children aged 6 to
14 years.
7. 91st Amendment Act, 2003: Amended Articles 75 and 164 and Schedule 10,
inserting Article 361B. This amendment restricts the size of the Council of Ministers
to no more than 15% of the House of the People at the Union level and the respective
State Legislature at the state level.
8. 97th Amendment Act, 2011: Conferred constitutional status to cooperative societies.
9. 100th Amendment Act: Related to the India-Bangladesh boundary treaty.
10. 101st Amendment Act: Pertains to the Goods and Services Tax (GST).
11. 102nd Amendment Act: Granted constitutional status to the National Commission
for Backward Classes.
12. 103rd Amendment Act, 2019: Provides 10% reservation in government jobs and
education for economically backward individuals in the general category.
13. 105th Amendment Act (latest, 2022): Amends clauses 1 and 2 of Articles 342A,
introduces a new clause 3, and amends Articles 366 (26c) and 338B(9). This
amendment clarifies that states can maintain their own state list of Other Backward
Classes (OBCs).

DOCTRINE OF BASIC ST RUCTURE

 The doctrine of basic structure refers to the features of the Constitution that are not
subject to amendment.
 This doctrine was established by the Supreme Court in the landmark Kesavananda
Bharati case (1973).

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OFFICIAL LANGUAGE

1. Constitutional Provisions:
o The official language is mentioned in Part XVII (Articles 343-351) of the
Indian Constitution.
2. Official Language of the Union:
o According to Article 343, the official language of the Union shall be Hindi in
Devanagari script, and the digits used for official purposes shall be in the
international form of Indian numerals.
3. Language Commissions:
o Article 344 grants the President the power to form a commission related to
the official language.
o The First Official Language Commission, chaired by B.G. Kher, was
constituted in 1955.
4. Parliamentary Committee:
o As per Article 344(4), there is a provision to form a 30-member Joint
Parliamentary Committee on official language. The committee consists of 20
members from Lok Sabha and 10 members from Rajya Sabha.
5. Eighth Schedule Languages:
o Any language can be added to the Indian Constitution under the Eighth
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Schedule.
o Initially, only 14 languages were added to the Constitution.
o The Sindhi language was added to the Indian Constitution by the 21st
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Constitutional Amendment Act, 1967.

o The 71st Constitutional Amendment Act, 1992 added Konkani, Manipuri,
and Nepali to the Eighth Schedule.
o In 2003, the 92nd Constitutional Amendment added Bodo, Dogri, Maithili,
and Santhali.
o Currently, there are a total of 22 languages in the Eighth Schedule.
o Each state can choose any one language as its official language.
6. Communication Provisions:
o Article 346 describes the official language for communication between two
states or between a state and the Union.
o Article 347 provides for special provisions relating to the language spoken by
a section of the population of a state.
7. Hindi Diwas:
o Hindi was declared the official language on 14th September 1949, which is
celebrated as Hindi Diwas.
8. Proceedings in Courts:
o According to Article 348(1)(a), all proceedings in the Supreme Court and
every High Court shall be conducted in the English language.
9. Linguistic Minorities:
o Article 350(a) provides for facilities for instruction in the mother tongue at
the primary stage.
o Article 350B provides for the establishment of a Special Officer for
Linguistic Minorities, who shall be appointed by the President and will
investigate all matters relating to safeguards for linguistic minorities,
reporting directly to the President.

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PANCHAYATI RAJ AND COMMUNITY DEVELOPMENT

1. Definition and Objective:

o Panchayati Raj is the system of democratic decentralization aimed at
bringing development to the grassroot level.
2. Constitutional Provisions:
o Provisions related to Panchayati Raj are detailed in Part IX of the Indian
Constitution, specifically from Article 243 to Article 243(O).
o The 73rd Constitutional Amendment Act, 1992 added 16 new Articles to
Part IX and introduced the 11th Schedule to the Constitution, which lists 29
subjects granting powers to panchayats for law-making.
3. State Legislation and Structure:
o Panchayati Raj is a subject under the State List.
o The State Legislature determines provisions related to the structure and
governance of panchayats, including the conduct of elections every 5 years.
4. Financial Oversight:
o There is a provision to form a Finance Commission to review the financial
condition of panchayats.
5. Gram Sabha:
o The Gram Sabha is formed by individuals registered in the electoral rolls of a
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village.
o Article 40 of the Indian Constitution directs the State to organize village
panchayats.
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6. Three-Tier System:
o The Balwant Rai Mehta Committee recommended the establishment of a
three-tier Panchayati Raj system at the village, block, and district levels.
o Balwant Rai Mehta is referred to as the Architect of the Panchayati Raj
system.
7. Inauguration and Constitutional Status:
o The inauguration of the Panchayati Raj system was performed by Pt.
Jawaharlal Nehru on October 2, 1959, at Nagaur, Rajasthan.
o Panchayati Raj institutions gained constitutional status through the 73rd
Constitutional Amendment Act.
8. Historical Recommendations:
o The Laxmi Mal Singhvi Committee in 1986 and the P.K. Thungan
Committee in 1988 recommended that Panchayati Raj institutions should be
granted constitutional status.
o The Ashok Mehta Committee in 1977 proposed that certain provisions of
Panchayati Raj be included in the Indian Constitution; however, due to the
collapse of the Janta Government, no action was taken at the central level
regarding its recommendations.
9. Women’s Reservation:
o According to Article 243-D(3), women are provided with 1/3rd reservation at
all levels of panchayats.
10. Membership Criteria:
o The minimum age to become a member of a panchayat is 21 years.
11. Urban Local Self-Government:

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 o The 74th Constitutional Amendment Act, 1992 grants constitutional status to
urban local self-government. This amendment introduced a new part, Part
IX(A), and added the 12th Schedule to the Constitution.
o There are 8 types of local self-governments, including:
 Municipal Corporation
 Municipality
 Notified Area Committee
 Town Area Committee
 Cantonment Board
 Township
 Port Trust
 Special Purpose Agencies.
12. Types of Municipalities:
o The 74th Amendment Act provides for three types of municipalities:
 Municipal Corporation
 Municipal Council
 Nagar Panchayat.
o All members of the municipality are elected directly by the people of that
area.
o The term of a municipality is 5 years, but it can be terminated earlier.
13. Election Management:
o The State Election Commission has the authority to direct, control, and
manage elections for municipalities.
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14. Financial Review of Municipalities:
o A Finance Commission is constituted under Article 243(I) to review the
financial condition of municipalities.
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15. District Planning Committee:

o A District Planning Committee is established under Article 243ZD(1) at the
district level to consolidate plans prepared by municipalities and draft a
comprehensive development plan for the district.
16. Metropolitan Planning Committee:
o According to Article 243ZE, in every metropolitan area, a Metropolitan
Planning Committee is to be constituted to prepare a draft development plan
for the metropolitan area as a whole.
17. Historical Context:
o The first municipal corporation in India was established in Madras in 1688.
o Lord Ripon is recognized as the father of local self-government in India.

SPECIAL PROVISION FO R CERTAIN CLASSES

1. Constitutional Framework:
o The special provisions relating to certain classes are contained in Part XVI of
the Constitution, specifically from Article 330 to Article 342.
2. Reservation of Seats:

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 o Article 330: Provides for the reservation of seats for Scheduled Castes (SCs)
and Scheduled Tribes (STs) in the House of the People (Lok Sabha).
o Article 332: Ensures the reservation of seats for SCs and STs in the
Legislative Assemblies of the states.
3. Representation of the Anglo-Indian Community:
o Article 331: Makes provisions for the representation of the Anglo-Indian
community in the House of the People. However, it is important to note that
the arrangements for nominating representatives of the Anglo-Indian
Community in the House of the People were not extended beyond the
stipulated date of January 25, 2020, as per The Constitution (One Hundred
and Fourth Amendment) Act, 2019.
o Article 333: Provides for the representation of the Anglo-Indian community
in the Legislative Assemblies of the states. Similar to the House of the
People, the arrangements for nominating representatives of the Anglo-Indian
Community in the Legislative Assemblies of the states have not been
extended beyond January 25, 2020, by The Constitution (One Hundred and
Fourth Amendment) Act, 2019.
4. National Commissions:
o Article 338: Provides for the establishment of the National Commission for
Scheduled Castes (SCs). Currently, Vijay Sampla serves as the chairman of
this commission.
o Article 338A: Added by the 89th Constitutional Amendment Act, 2003, this
article provides for a separate National Commission for Scheduled Tribes
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(STs).
5. Investigation of Backward Classes:
o Article 340: The President can appoint a commission to investigate the
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conditions of backward classes.

6. Declaration of Scheduled Castes and Scheduled Tribes:
o Article 341(1): The President can declare any caste in a state or Union
Territory (UT) as a Scheduled Caste, in consultation with the
Governor/Lieutenant Governor of that state/UT.
o Article 342(1): Similarly, the President can declare any caste in a state or UT
as a Scheduled Tribe, also in consultation with the Governor/Lieutenant
Governor of that state/UT.
7. Note on Reservation Increase:
o The Constitution (One Hundred and Fourth Amendment) Act, 2019
provides for increasing the reservation of seats for these classes.

All the best !

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