Polity BYJU Notes

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LECTURE NOTES – POLITY SESSION 1

What is a Constitution? Broadly speaking, it is a set of rules, written and unwritten, that seeks to establish the
duties, powers and functions of the various institutions of government, regulate the relationships between them
and define the relationships between the state and the individual.
Salient Features of the Constitution of India
(i) A written and lengthy constitution
The Constitution of India is a single, written document (unlike the British constitution which is not a single, written
document, but is drawn from legislation, treaties, judicial precedents, convention, and numerous other sources). It
was framed by a Constituent Assembly which was established for the purpose in 1946. As originally adopted, it had
22 Parts, 395 Articles and 8 Schedules. A number of amendments, passed since its enforcement in 1950, have also
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become a part of the Constitution.
The Constitution of India is the lengthiest constitution in the world as no other constitution contains as many
articles. The constitution of USA has 7 Articles, of China 138, Japan 103, and Canada 107 Articles.
(ii) Single Constitution

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Unlike the US which is considered as role model of federalism, India has a single Constitution, that is, the Indian
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states do not have separate Constitutions.
(iii) Sovereign, socialist, secular, democratic, republic

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The Constitution declares India to be a Sovereign, Socialist, Secular, Democratic, Republic. The words, 'Socialist'
and 'secular' were added in the Preamble of the Constitution by 42nd amendment which was passed in 1976.
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Sovereign means absolutely independent; it is not under the control of any other state.
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Socialist - Word 'Socialist' was added in the Preamble by 42nd Amendment of the Constitution which was passed
in 1976. This implies a system which will endeavour to avoid concentration of wealth in a few hands and will assure
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its equitable distribution.
Secular - The word 'Secular', like Socialist, was also added in the Preamble by 42nd Amendment of the
Constitution. There is no state religion in India. Every citizen is free to follow and practise the religion of his/her
own choice. The state cannot discriminate among its citizens on the basis of religion.
Democratic – It means that the power of the government is vested in the hands of the people. People exercise this
power through their elected representatives who, in turn, are responsible to them. All the citizens enjoy equal
political rights.
Republic – It means that the head of the State is not a hereditary monarch but a President who is indirectly elected
by the people for a definite period.
(iv) Unique blend of rigidity and flexibility
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Whether a constitution is rigid or flexible depends on the process of amendment. If the constitutional laws and
ordinary laws are amended separate ways, it is a rigid constitution. On the contrary, in a flexible constitution,
constitutional laws and ordinary laws are amended in the same way.
Some provisions of the Constitution of India can be amended by the Indian Parliament with simple majority. The
amendment of most provisions of the constitution requires a special majority in both houses of the parliament.
There are some other provisions of constitution which cannot be amended by the parliament alone. In case of such
provision the amending bill has first to be approved by both houses of parliament by a special majority (with the
support of two-thirds of the members of each house present and voting). Then it has to be ratified by the
legislatures of at least half of the states of India.
So, there is a balance between rigidity and flexibility in our constitution. Some amount of flexibility was introduced
into our constitution in order to encourage its growth.
(v) Patchwork, but a beautiful patchwork
The Indian Constitution is often referred to as a patchwork. It has been inspired and derived from various sources.
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The best features of various constitutions have been incorporated in our constitution.
(vi) Parliamentary form of democracy
Indian Constitution provides for a parliamentary form of government. President is the nominal head of the state. In
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actual practice, the government is run by the Prime Minister and other members of the Council of Minister. The
Council of Ministers is collectively responsible to the Parliament.
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(vii) Fundamental rights and duties
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The Constitution of India guarantees six fundamental rights to every citizen.These are:
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i. Right to Equality.
ii. Right to Freedom.

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iii. Right against Exploitation.

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iv. Right to Freedom of Religion.

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v. Cultural and Educational Rights.
vi. Right to Constitutional Remedies.
The Constitution initially did not provide for Fundamental Duties. By 42nd Amendment of the Constitution, ten
Fundamental Duties of citizens have also been added. Currently there are 11 Fundamental Duties.
(viii) Directive principles of state policy
The Directive Principles of State Policy are listed in Part Four of the Constitution. The framers of our constitution
took the idea of having such principles from the Irish Constitution. These principles are instructions given by the
Constitution to government.
All the governments-Central, State and Local-are expected to frame their policies in accordance with these
principles. The aim of these principles is to establish a welfare state in India. They, however, are not binding on the
government-they are mere guidelines.

(ix) Single citizenship
In federation, normally we have double citizenship. In U.S.A. every citizen besides being a citizen of United States
of America is the citizen of the state in which he or she resides. But the Constitution of India provides for single
citizenship - every Indian, irrespective of his place of birth or residence, is a citizen of India.
(x) Universal adult franchise
The constitution provides for Universal Adult Franchise (article 326). It means that every citizen who is 18 years of
age or more is entitled to cast his/her vote irrespective of his caste, creed, sex, religion or place of birth.
(xi) Affirmative action
The Constitution provides for affirmative action by the State to improve the conditions of the weaker sections of
society by providing reservations in the legislatures and government jobs (articles 15 & 16).
(xii) Independent judiciary
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The Indian Constitution provides for an independent judiciary. The judiciary has been made independent of the
Executive as well as the Legislature. The judges give impartial justice.
(xiii) Independent agencies
agencies are
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The Constitution provides for some Independent Agencies to perform functions allotted to them. The important
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i. Election Commission (article 324)
ii. Comptroller and Auditor General (article 148)

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iii. Union and State Public Service Commissions (article 315)
(iv) Finance Commission (article 280)

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(xiv) Emergency provisions

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The framers of our constitution had realised that there could be certain dangerous situations when government
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could not be run as in ordinary time. Hence our constitution contains certain emergency provisions. During
emergency the fundamental rights of the citizens can be suspended and our government becomes a unitary one.
The Constitution makes provisions for the proclamation of National Emergency under Article 352, State Emergency
under Article 356 and Financial Emergency under Article 360.

Sources of certain features of Indian Constitution
USA  Fundamental rights

 Independent judiciary
 Judicial review
 Impeachment of President(only partially – it is much tougher to impeach the President in the
US, than in India)
 Removal of supreme court judges
 Vice presidential post
 Directive Principles of State Policy

Ireland  Nomination of members to Rajya Sabha
 Electoral office and method of election of the President
Germany Emergency Provisions
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Canada Distribution of legislative powers between the center and states (strong center)
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Parliamentary form of govt
UK  Rule of law
 Legislation
 Single citizenship
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 Bicameralism
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Russian Revolution Ideal of Justice, social, education, economic and political

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French Revolution Ideal of Liberty, Equality and fraternity

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 Federal scheme
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Govt of India Act  Office of Governor

1935  Judiciary
 Public service commission
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 Emergency
 Administrative details
South Africa Amendment to the Constitution
Australia Concurrent List

LECTURE NOTES – DIRECTIVE PRINCIPLES
Article 36 to 51 of the Constitution of India embodies the Directive Principles of State policy and for
these we are indebted to the Constitution of Ireland. The objective is to establish a social and
economic democracy in India.
Article 37 reveals that:
1. The Directive Principles are not justiciable
2. They are Fundamental to the governance of the country
3. It shall be the duty of the State to apply these Directive Principles while formulating
policies or making laws for the governance of the State
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Classification of DPs
1. Socialist Principles
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Article 38 – the state shall endeavour to formulate such social system which will secure social,
economic and political justice to all in all the spheres of life. Article 39(a) - the state shall try to
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formulate its policy in such a manner so as to secure adequate means of livelihood for all its citizens.
Article 39(b) - the ownership of material resources would be controlled in such a manner so as to sub-
serve the common good. Article 39(c) - the economy of the state will be administered in such a
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manner so that wealth may not yet be concentrated in a few hands and the means of production
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may not be used against the public interest. Article 41 - the State will work within the limits of its
economic viability and progress, provide to the citizens the right to work, the right to education and
general assistance in the event of unemployment, old age, disease and other disabilities. Article 42 -
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the state will make provisions for the creation of just and humane conditions of work. It will also
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ensure maternity relief. Article 43 - the state will ensure adequate wages, good life and rest to the
labourers. The state will also endeavour to make available to the labourers various socio-cultural
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facilities.
2. Liberal Principles
Article 44 - The State shall endeavour to formulate and implement a Uniform Civil Code for all the
people living throughout the territory of India. Article 45 - the State shall endeavour to provide early
childhood care and education for all the children until they complete the age of six years. Article 47 -
the State shall strive to raise the level of nutrition and the standard of living. Thus, it will endeavour
to improve upon the health of the people. Article 48 - the State shall strive to organise agriculture
and husbandry on modern and scientific lines. It will also try to maintain and improve upon the breed
of the animals. Article 50 - the state will try to separate the judiciary from the executive in the case of
public service.

3. Gandhian Principles
Article 4 - the State will strive to organise Panchayats in villages and will endow them with such
powers which enable them to act as units of self government. Article 43 - the state shall strive to
develop the cottage industry in the rural areas both, on individual or cooperative basis. Article 47 -
the state will strive to ban the consumption of wine, other intoxicating drinks and all such
commodities which are considered injurious to health. Article 48 suggests that the State will ban
slaughtering of cows, calves and other milch cattle.
4. International principles
Article 51(a)- The State will strive to promote international peace and security. Article 51(b)- The
State will strive to maintain just and honourable relations among various states in the world. Article
51(c)- The State will endeavour to promote respect for International treaties, agreements, and law.
Article 51(f)- The State will strive to settle international disputes by arbitration.
‘Fundamentalization’ of Directive Principles
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The Supreme Court has, in a number of judgments, referred to the importance of the Directive
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Principles. It has called these principles the “conscience” and the “core” of the Constitution. These
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principles are the “goals” to be achieved by Part III of the Constitution. They are intended to ensure
“distributive justice” for removal of inequalities and disabilities and to achieve a fair division of
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wealth amongst the members of the society. The Supreme Court held that the courts can look at the
Directive Principles for the purpose of interpretation of the fundamental rights. The courts will adopt
that interpretation which makes the fundamental rights meaningful and efficacious. The courts have
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to make every attempt to reconcile the fundamental rights with the Directive Principles
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remembering that the reason why the Directive Principles were left by the founding fathers as non-
enforceable was to give the Government sufficient latitude to implement them.
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Directives contained in other parts (Important)

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Besides the directives contained in Part IV, there are certain other directives addressed to the state
in other part of the Constitution. These directives are also non-judicial. There are:
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1. Article 350 A enjoins every state and every local authority within the state to provide
adequate facilities for instruction in the mother tongue at the belonging to linguistic
minority groups.
2. Article 351 enjoins the union to promote the spread of Hindi and to develop it so that it
may serve as a medium of expression of all the elements of the composite culture of India.
3. Article 335 enjoins that the claims of the members of the Scheduled Castes and
Scheduled Tribes shall be taken into consideration, consistently with the maintenance of
efficiency of administration, in the making of appointments to services and posts in
connection with the affairs of the union or a state.
Though the Directives contained in Article 335, 305A and 351 are not included in Part IV, courts
have given similar attention to them on the application of the principle that all part of the
Constitution should be read together.

Fundamental Rights vs Directive Principles
The directives differ from the fundamental rights in Part III of the Constitution or the ordinary laws
of the land, the following ways:
1. While the fundamental rights constitute limitations upon state action, the directive principles are
in the nature of instruments of instruction to the government of the day to achieve certain ends by
their actions.
2. Fundamental rights are justiciable, but the directive principles are non-justiciable.
3. The directives, however, require to be implanted by legislation, and so long as there is no law
carrying out the policy laid down in a Directives, neither the state nor individual can violate any
existing law or legal right under colour of following a Directives.
4. The fundamental rights lay down the negative obligation of the state. They are prohibitive in
character and are, in fact, in the nature of injunctions requiring the state not to do certain things.
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Directive principles are, on the contrary, affirmative directions dealing with the positive obligations
of the state towards the citizens..
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5. The main objective of fundamental rights is to establish political democracy, by guaranteeing
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equality, liberty, religious freedom and cultural rights but the aim of directive principles of state
policy is to establish just social and economic order.
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6. The court cannot declare any law as void on the ground that it contravenes the directives.
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Relative Importance of DPs vis-a-vis FRs

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During the first sixteen years of the operation of the Constitution, the directive principles were
considered subordinate to the fundamental rights: the courts struck down a number of laws enacted
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to implement directive principles on the ground that they violated the fundamental rights. The
conflict has its root in the fact that fundamental rights are enforceable by the courts, while the
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directive principles are not so. However, the government tried to overcome the problem by
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amending the Constitution. When the Supreme Court laid down in the Golaknath Case that the
fundamental rights cannot be abridged to implement the directive principles, the Government tried
to overcome the limitation in 1971 through the 24th Amendment which gave Parliament the right to
amend fundaments I rights. In the same year, the 25th Amendment Act inserted Article 31c ensuring
that certain laws meant to implement Directives in clauses 39 (b) and 39 (c) will prevail even if these
laws violate the rights granted in Article 14 and 19. An attempt to enhance the scope of Article 3IC
was made by the 42nd Amendment Act which gave primacy to any or all the directive principles and
deprived the courts of the right to look into such cases. This attempt was foiled by the Supreme
Court majority judgement in Minerva Mills Case which asserted that such total exclusion of judicial
review would offend the basic structure of the Constitution. On the whole, however, the conflict
between these two features of the Constitution is meaningless as they are, in reality complementary
to each other. The courts have increasingly based their judgment on a harmonious reading of Part III
and IV of the Constitution. The Supreme Court, after the judgment in the Kesavananda Bharati case,
has adopted the view of the Fundamental Rights and Directive Principles being complementary to

each other, each supplementing the other's role in aiming at the same goal of establishing a welfare
state.
“The judicial approach should be dynamic rather than static, pragmatic and not
pedantic and elastic rather than rigid. This Court while acting as a sentinel on the qui
vive to protect fundamental rights guaranteed to the citizens of the country must try to
strike a just balance between the fundamental rights and the larger and broader
interests of society so that when such a right clashes with a larger interest of the country
it must yield to the latter.” – Supreme Court in Kesavananda Bharati judgment
The Doctrine of Basic Structure (1973)
From the Kesavananda case emerged this doctrine, which suggested that
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there can be no law in violation of the "basic structure" of the constitution.
Although, what it exactly comprises of is subject to some debate, usually the
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following come under this doctrine -
The supremacy of the constitution.

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Republican and democratic form of government.
The secular character of the Constitution.
Maintenance of the separation of powers.
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The federal character of the Constitution.

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Criticism of DPs
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 Can lead to ‘situations of conflict’ between the center and the states
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o If the Parliament passes a law to enforce DPs, even if it is beyond the fiscal reach of
the states to implement the laws, failure to do so will be subject to art 256 (state
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governments are supposed to exercise their executive powers in accordance with

the laws passed by the Parliament). If the state does not follow 256, then by art 365
(if the state does not follow the mandates of the Parliament, then the President can
deem this to be a ‘breakdown of constitutional machinery’)
 Social values combined with sentimental values – prevention of cow-slaughter and alcohol
consumption combined with principles of social and economic justice (39b, 39c)!
 It is said they imbibe the spirit of Fabian socialism – which is now losing relevance
o The ideas of 5 year plans, setting up large and diversified public sector and
nationalization of key industries came from erstwhile USSR
o However, unlike USSR, India became a democracy with a Fabian aim of socialism – that is
– achieve socialism through evolution, not revolution (e.g. Bolshevik Revolution of 1917)
o After Liberalization, Privatization, Globalization (LPG) in 1991, leading to a restricted role
of public sector, the very idea of socialism is under threat

 e.g. Right after independence, we acquired land from the big landlords and
distributed it to the landless tillers – now we do the opposite – we acquire land
from poor farmers and hand it over to big capitalists!
 These are Non-justiciable – then how can the courts monitor their implementation.
Although, the courts, especially since the 1990s, have started giving significance to the DPs
through ‘judicial activism’.
 No proper classification is done – the segregation into Socialist, Gandhian, Liberal and
International principles was not there in the Constitution.
 Some Directive Principles are not practicable – strict nation-wide ban on alcohol can never
be practically enforced.
 No mention of methods to implement these – no time frame, no process, no agencies
prescribed.
Importance of DPs
Sanctions behind the DPs
Lay down the foundation of Economic Democracy
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Measuring rods to judge the achievements of the Govt  Constitution itself
They establish welfare state  Public opinion
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These are Fundamental in the Governance of the country.  Practical utility of a few DPs
These Principles supplement Fundamental rights
Guiding Principles for courts
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Constitutional amendments
Laws made by the government
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They bring stability and continuity in State policies  Executive orders
Practice Questions
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1. During the drafting of the Constitution, T.T. Krishnamachari said, “The chapter on Directive
Principles is a veritable dustbin of sentiment ... sufficiently resilient as to permit any
individual of this house to ride his hobby horse into it.” Do you agree? (150 words)
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2. Have the DPs really remained non-justiciable? Comment, using the recent judgments of the
Supreme Court. (250 words)
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3. Can the government of the day be taken to task for not implementing DPs? Why?(50 words)
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4. Which DPs have been shifted to the category of FRs? Should all the DPs be accorded the
status of Fundamental Rights? (150 words)
5. What do you understand by the doctrine of basic structure of our Constitution? (100 words)
6. Besides the directives contained in Part IV, are there any other directives in the
Constitution? (50 words)

POLITY LECTURE NOTES
PART 1 of the Indian Constitution – THE UNION AND ITS TERRITORY
Article 1
Clause (1) – India, that is Bharat, shall be a Union of States
Clause (2) – The States and the territories thereof shall be as specified in the First Schedule
Clause (3) – The territory of India shall comprise—
(a) The territories of the States;
(b) The Union territories specified in the First Schedule;
(c) Such other territories as may be acquired.
Why the term Union instead of Federation? What is the difference between
 Our country is not a result of any type of Territory of India and Union of India?
contract between formerly independent  Territory of India refers to a wider
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states set including present states, union
 Once a territory becomes part of Indian territories and regions which may
Territory they do not have the power of be acquired at a later point.
succession i.e. such states cannot opt  Current States and Union
out of the union. S .c Territories of India.
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Article 2
2 - Parliament may by law admit into the Union, or establish, new States on such terms and conditions as
it thinks fit.
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2A - [Sikkim to be associated with the Union.] Rep. by the Constitution (Thirty-sixth Amendment) Act, 975,
s. 5 (w.e.f.26-4-1975).
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Till 1956 States were categorized as:- Chief Commissioner Provinces

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Part A – 9 States (Former provinces of the British Governors) were small provinces governed
Part B – 9 states (Former Princely States) directly by British Government but
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Part C – 10 states (Former Princely states) and 4 Chief due to its small size a Governor was
Commissioner Provinces not required thus officer of the
Part D – Andaman & Nicobar Islands rank of Chief Commissioner was
Total number of states – 29 made incharge of the province.
E.g. - Delhi, Coorg
What is a schedule?
A schedule is an appendix or a supplement that is attached at the end of a constitution. It is in the form of
an explanation to one or more articles of the constitution
Reorganisation of States during British rule was done keep three points in mind. These were:-
 Administrative convenience
 Economic Convenience
 Military Convenience

Article 3
Parliament may by law—
(a) Form a new State by separation of territory from any State or by uniting two or more States or
Parts of States or by uniting any territory to a part of any State
(b) Increase the area of any State
(c) Diminish the area of any State
(d) Alter the boundaries of any State
(e) Alter the name of any State
After independence large number of princely states had joined the Union of India so British
reorganisation reasons would not have worked.
 Use of Language as demarcation was thought of as one of the reasons initially
 In 1948, SN Dhar commission was set up to look into the reorganisation which did not
accept this reason as it will invoke sub national sentiments For creation or
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E.g. – Right wing parties of Maharashtra opposing people from UP and Bihar in Mumbai reorganisation
of states, only
 JVP committee consisting of Jawaharlal Nehru, Sardar Vallabhai Patel, Pattabhi a simple
majority of the
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Sitaaramayya submitted its report in April 1949 endorsing the views of SN Dhar
committee Parliament is
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 In 1956 State Reorganisation committee consisting of Fazal Ali, AM Panikar, Pandit
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Hridayanath Kunzru
 It rejected ‘One Language One state’ claim and said that Unity, Integrity and Security of
the state should not be compromised.
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They carved out 14 states and 6 Union Territories
14 States – Andhra Pradesh, Assam, Bihar, Bombay, Jammu & Kashmir, Kerala , Madhya Pradesh,
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Madras, Mysore, Orissa, Rajasthan, Punjab, West Bengal

6 Union Territories - Andaman & Nicobar, Himachal Pradesh, Delhi, Tripura, Manipur, Lakshadweep
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Article 4
Clause (1) - Any law referred to in article 2 or article 3 shall contain such provisions for the amendment
of the First Schedule and the Fourth Schedule as may be necessary to give effect to the provisions of
the law and may also contain such supplemental, incidental and consequential provisions (including
provisions as to representation in Parliament and in the Legislature or Legislatures of the State or
States affected by such law) as Parliament may deem necessary.
Clause (2) - No such law as aforesaid shall be deemed to be an amendment of this Constitution for the
purposes of article 368.

PART 2 of the Indian Constitution – CITIZENSHIP
 A citizen is a person who enjoys full membership of the

community in which he lives. Aliens – are non-citizens of the
 Citizens are different from aliens who do not enjoy following country. They come for a brief
fundamental rights – Article 15, Article 16, Article 19, Article 29 visit, work or any other purpose.
and Article 30. Aliens are of two types:-
 Citizens alone have the right to hold certain offices such as those 1. Friendly Aliens
of President, Vice – President, Governor of a State, Judge of SC 2. Enemy Aliens
and HC’s etc.
At the commencement of the Constitution, Citizenship of India was conferred upon the below mentioned
people:-
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1. Persons who are born in India and domiciled in India.
2. Persons who are not born in India but domiciled in India and have been staying in India for a period
of at least 5 years.
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3. Persons who are domiciled in India but not born in India but either of their parents were born in
India.
4. Persons who are resident in India but they migrated to Pakistan after 1st March 1947 but later
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returned on resettlement permit.
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5. Persons who were residents of Pakistan but migrated to India before 19 July 1948 or after that date
and have been residing in India for at least 6 months
6. Persons who reside outside India but either of parents or grandparents were born in India.
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Citizenship Act, 1955 (amended in 1986, 1992, 2003 and 2005)

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The Act provides for acquisition of Indian Citizenship after the commencement of Constitution in five
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ways
1. By Birth - Any person born in India, on or after 26 January 1950 but before the commencement
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of the 1986 Act on 1 July 1987 is a citizen of India by birth.

2. By Descent - Persons born outside India on or after 26 January 1950 will be considered as citizen
of India if at the time of their birth either of the parents are citizens of India and the parents get
the birth registered with the Indian Consulate within 1 year of birth.
3. Citizenship by Registration – Any Person who is not a citizen of India can apply for apply for
registration as a citizen if he satisfies certain criteria mentioned in the Constitution. Applicable
basically for PIOs and OCI.
4. Citizenship by Naturalization - Citizenship of India by naturalization can be acquired by a
foreigner who has resided in India continuously for a period of 1 year and prior to this 1 year in
the past 14 years the person should have stayed in India for atleast 11 years. Also person should
not be a citizen of a country which does not allow Indians to become its citizens by
Naturalisation and person should renounce citizenship of parent country.
5. Citizenship by Incorporation of territory – If any new territory becomes a part of India, the
Government of India shall notify the persons of that territory to be citizens of India.

Loss of Citizenship
1. Renunciation of Indian citizenship - a voluntary act by which a person holding an Indian

citizenship gives it up.
2. Termination – If a Indian citizen voluntarily accepts the citizenship of another country his Indian
citizenship stands terminated.
3. Deprivation - If a Indian citizen has obtained his citizenship by fraud, or if he has been disloyal to
India, or has been residing outside India for seven years continuously, or if he has unlawfully
traded or communicated with the enemy during war, or if has been imprisoned within 5 years in
any country for a period 2 years after becoming a citizen of India either by naturalization or
registration.
Concept of Dual Citizenship - Overseas Citizen of India (OCI)
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Parliament of India passed the Citizenship (Amendment) Act 2005, which says that all the people of
Indian origin in various countries, except in Pakistan and Bangladesh, whose parents/grandparents
migrated from India after 26 Jan 1950 or were eligible to become Indian citizens on 26 Jan 1950 or
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belonged to a territory that became a part of India after 15 Aug 1947, will become eligible to be
registered as Overseas Citizen of India.
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Special Arrangements made for OCI card holders:-
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1. They are entitled to procuring a multiple entry Lifelong Visa
2. OCI holders are treated on par with NRIs for economic, financial and educational matters
3. They are also exempt from registration with the Foreigners Regional Registration Officer
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(FRRO) on their arrival in the country and can stay or live for as long as they wish.
4. OCI cardholders can travel at very short notice and take up assignments in India.
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An Overseas Citizen of India will not enjoy the following rights even if resident in India:-
1. The right to vote,
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2. The right to hold the offices of President, Vice-President, Judge of Supreme Court and High
Court, Member of Lok Sabha, Rajya Sabha, Legislative Assembly or Council,
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3. Appointment to Public Services (Government Service)

PART III of the Indian Constitution – FUNDAMENTAL RIGHTS
What are Fundamental Rights?

 Fundamental Rights are those Rights which are mentioned under Part III of the Indian
Constitution.
 There are certain Rights which are mentioned in the Constitution, but not under Fundamental
Rights. Such Rights are called Constitutional Rights. (E.g. Right to Vote)
 There are certain Rights which are available to citizens through laws passed by Legislatures
(Centre or State). Such Rights are called Statutory Rights. (E.g. Right to Information)
Nature of Fundamental Rights

1. Most of the Rights are Negative Obligations on the State (E.g. Article 14), with certain exceptions (E.g.
Article 21A). Negative Obligations means that the State cannot do something that hurts or curtails
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people’s rights.
2. Majority of Rights mentioned in Part III are enjoyed by citizens against the State.
3. These Rights are Justiciable.
4. Fundamental Rights are not absolute i.e. certain reasonable restrictions can be imposed upon them.
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5. Fundamental Rights can be suspended during emergency.
6. Fundamental Rights of people occupying sensitive positions (Armed Forces, Intelligence Agencies etc.)
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can be restricted or even denied by Parliament by law.
7. Most of the Right are self executory i.e. the parliament need not make laws to implement these
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Rights. There are certain exceptions e.g. For Right to Education under Article 21A, a law was required
by the parliament.
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8. Some of these Rights are available to aliens (Foreigners).
Article 12 – Definition of State

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It states that, unless the context otherwise requires, “the State’’ includes the Government and
Parliament of India and the Government and the Legislature of each of the States and all local or other
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authorities within the territory of India or under the control of the Government of India.
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NOTE: Government and Parliament of India include Union Government & Union Parliament. Government
and the Legislature include all State Government & State Legislature of each of the States.
All local or other authorities include all Institutions of local self-Government (E.g. municipality,
Panchayats etc.).
Article 13 - Laws inconsistent with or in derogation of the fundamental rights
13 (1) All laws in force in the territory of India immediately before the commencement of this
Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such
inconsistency, be void.
NOTE: Parliament cannot make laws which violate any part of the Constitution. With respect to Part III,
Judiciary will review those laws which are made by the Parliament and violate the provisions of Part III.
Judicial Review of Part III of the Constitution is not explicitly mentioned. It is implicitly conveyed through
Article 13 (1).
13 (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and
any law made in contravention of this clause shall, to the extent of the contravention, be void.
Amendment of Fundamental Rights
Article 13 (2) states that the state shall not make any laws which take away Fundamental Rights of a
citizen. A question arises as to whether the term ‘law’ in Article 13 (2) includes just ordinary laws or
Constitutional Amendment Acts also. If Constitutional Amendment Act is not covered under law then
the Parliament can amend the Fundamental rights by Amending the Constitution itself.
The Supreme Court Shankari Prasad vs. Union of India (1951) case held that Constitutional Amendment
Act is not a law and thus Parliament can amend any Fundamental Right by using Constitutional
Legislative Power. It gave a similar verdict in Sajjan Singh vs. State of Rajasthan Case (1965) case.
However in Golaknath vs. State of Punjab (1967) case the Supreme Court held that Fundamental Rights
had been given transcendental position by the Constitution and even Parliament cannot amend
Fundamental Rights.
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The 24th Constitutional Amendment Act amended Article 13 and 368 which made it clear that
Parliament has the power to amend Fundamental Rights through Constitutional Amendment. This was
challenged in the Supreme Court in Keshavananda Bharati vs. State of Kerala (1979) case. The Supreme
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Court upheld the validity of 24th Amendment Act. However, the Supreme Court held that the
Parliament’s amendment power is limited and is subject to “Basic Structure” of the Constitution. The
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Supreme Court has not explicitly defined the term “Basic Structure”. However, in various judgments, the
Supreme Court has held that the following concepts form a part of Basic Structure
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 Supremacy of the Constitution Classification of Fundamental Rights

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Secular character of the Constitution

 Federalism 1. Right to Equality (Article 14 to 18)
2. Right to Freedom (Article 19 to 22)
 Separation of Powers
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3. Right against Exploitation (Article 23 to 24)

 Power of Judicial Review
4. Right to Freedom of Religion (Article 25 to 28)
 The mandate to build a welfare state
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5. Cultural and Educational Right (Article 29 to 30)

6. Right to Constitutional Remedies
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RIGHT TO EQUALITY
Article 14 – Equality before Law

It states that - The State shall not deny to any person equality before the law or the equal protection of the
laws within the territory of India.
NOTE: Equality before the law means that every person (including aliens) shall be treated equally by the law.
There are certain exceptions (E.g. Article 361, Diplomatic Immunity).
Equal Protection of law means law must operate equally among equals. Rolling out special schemes only for
BPL category does not amount to violation of Article 14 as it attempts to bring BPL category towards non BPL
category (reduce inequality).
To operationalize Equal protection of Laws, categories formed should be homogenous and the categories
so formed should have a reasonable correlation with the objective that has to be achieved.

Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
15. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of
birth or any of them.
NOTE: This right is available only to citizens and not aliens. The state cannot discriminate only on the above
mentioned grounds but can discriminate on grounds other than these. (E.g. Marks in Entrance Exams)
15. (2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to
any disability, liability, restriction or condition with regard to— (a) access to shops, public restaurants, hotels
and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public
resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
NOTE: The rights under 15 (2) are not only available against a state but also against other citizens as shops,
restaurants etc. can be owned by state or can be a private property.
15. (3) Nothing in this article shall prevent the State from making any special provision for women and
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children.
15. (4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special
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provision for the advancement of any socially and educationally backward classes of citizens or for the
Scheduled Castes and the Scheduled Tribes.
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NOTE: Article 15 (1) states that no citizen shall be discriminated on the grounds of caste, sex, religion. But
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there are special considerations for SC/ST, OBC, Women and Children. Exceptions for these categories are
mentioned in Clause 2 and 3 of Article 15.
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15.(5) Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making
any special provision, by law, for the advancement of any socially and educationally backward classes of
citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their
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admission to educational institutions including private educational institutions, whether aided or unaided by
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the State, other than the minority educational institutions referred to in clause (1) of article 30.
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NOTE: In order to serve the educationally and socially backward classes, the state asked the private education
institutions also to reserve seats for the backward classes. Private institutions objected to it, stating it would
amount to violation of right under Article 19 (1) g. The Parliament, by amending the constitution in 2005,
added Clause 15 (5). According to this, it is mandatory to reserve seats for backward classes also even in
private institutions whether aided or unaided, by law. The only exception is educational institutions run by
minority communities. A law was enacted in this effect called Central Educational Institutions Reservation in
Admission Act 2006. This Act was challenged in the Supreme Court, but the Supreme Court upheld the validity
of this law.
Vishaka Case
A was a PIL filed in Supreme Court by Vishaka and four other women's organizations in Rajasthan against the
State of Rajasthan and the Union of India. This case in reference to the Bhanwari Devi’s alleged Gang Rape in
1992 in Rajasthan. Bhanwari Devi's legal battle culminated when the Supreme Court of India in a PIL, defined
sexual harassment at workplace, preventive measures and redress mechanism. Vishaka Guidelines against
Sexual Harassment at Workplace Guidelines and norms were laid down by the Hon’ble Supreme Court in
Vishaka and Others vs. State of Rajasthan and Others.
POLITY LECTURE NOTES 5
Article 16 - Our Constitution guarantees equality of opportunity in matters relating to employment or

appointment to public services to all citizens. There shall be no discrimination on the basis of religion,
race, caste, sex, place of birth or residence in matters relating to employment in public services. Merit
will be the basis of employment. However, certain limitations have been provided to the enjoyment of
these rights.
Article 17 - Abolition of Untouchability

It states that - “Untouchability” is abolished and its practice in any form is forbidden. The enforcement of
any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.
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The Constitution abolishes untouchability and its practice in any form is forbidden. The following actions
are considered as offences when committed on the grounds of untouchability
 Refusing admission to any person to the public institutions;
 Preventing any person from worshipping in place of public worship;
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 Insulting a member of Scheduled Caste on the grounds of untouchability;
 Preaching untouchability directly or indirectly.
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Punishments for violations include minimum jail sentence of 6 months and/or fine, or the person can be
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permanently debarred from contesting any elections in the country. According to the article, punishment
has to be in accordance with law. Parliament, for this purpose, enacted ‘The Untouchability offenses Act,
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1955’. This was renamed as ‘The Civil Rights Protection Act’ in 1976. If a case of untouchability is brought
before the court, the court will act on the assumption of guilt (unlike other cases where assumption is
innocent until proven guilty).
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Article 18 - Abolition of titles

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18 (1) No title, not being a military or academic distinction, shall be conferred by the State.
18 (2) No citizen of India shall accept any title from any foreign State
18 (3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the
State, accept without the consent of the President any title from any foreign State.
18 (4) No person holding any office of profit or trust under the State shall, without the consent of the
President, accept any present, emolument, or office of any kind from or under any foreign State.
All titles national or foreign which create artificial distinctions in social status amongst the people have
been abolished.
This provision has been included in the Constitution to do away with the titles like ‘Rai Sahib’, ‘Rai
Bahadur’ have been conferred by the British on a few Indians as a reward for their effective co-operation
to the colonial regime. The practice of conferring titles like this is against the doctrine of equality before
law. To recognise the meritorious service rendered by individual citizens to the country or mankind, the
President of India can confer civil and military awards on those individuals for their services and
achievements such as; Bharat Ratna, Padma Vibhushan, Padma Sri, Param Veer Chakra, Veer Chakra etc.,
but these cannot be used on ‘titles’.

Right to Freedom (Article 19 – 22)

Article 19 -
The Constitution guarantees the following six Fundamental Freedoms at present:
 Freedom of speech and expression
 Freedom to assemble peacefully without arms
 Freedom to form associations or unions
 Freedom to move freely throughout the territory of India
 Freedom to reside and settle in any part of the territory of India
 Freedom to practise any profession or to carry on any occupation, trade or business
Freedom of speech and expression is an important freedom. This freedom ensures free and frank
speech, discussion and exchange of opinions. It includes the freedom of the press. However these
freedoms like freedom of speech and expression are not absolute. The state is empowered to impose
reasonable restrictions on the exercise of this right in the interest of security of the state, public order,
morality etc.
Concept of Inferred Rights: Article 19 (1) (a) gives the right to Freedom of speech and expression. This
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also means that a person can stay silent if he wishes to. This can be inferred from Article 19 (1) (a).
Hence, there are rights in the constitution which can be inferred from the given rights. This is Concept of
Inferred Rights.
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Explaining the scope of freedom of speech and expression Supreme Court has said that the words
"freedom of speech and expression" must be broadly constructed to include the freedom to circulate
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one's views by words of mouth or in writing or through audio visual instrumentalities. It therefore
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includes the right to propagate one's views through the print media or through any other
communication channel e.g. the radio and the television. Every citizen of this country therefore has the
right to air his or their views through the printing and or the electronic media subject of course to
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permissible restrictions imposed under Article 19(2) of the Constitution.
Freedom of Press: The fundamental right of the freedom of press implicit in the right the freedom of
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speech and expression is essential for the political liberty and proper functioning of democracy. The
Indian Press Commission says that "Democracy can thrive not only under the vigilant eye of legislature,
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but also under the care and guidance of public opinion and the press is par excellence, the vehicle
through which opinion can become articulate." Unlike the American Constitution, Art. 19(1) (a) of the
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Indian Constitution does not expressly mention the liberty of the press but it has been held that liberty
of the press is included in the freedom of speech and expression. The editor of a press for the manager
is merely exercising the right of the expression, and therefore, no special mention is necessary of the
freedom of the press. Freedom of press is the heart of social and political intercourse. It is the primary
duty of the courts to uphold the freedom of press and invalidate all laws or administrative actions,
which interfere with it contrary to the constitutional mandate.
Grounds of Restrictions: Clause (2) of Article 19 contains the grounds on which restrictions on the
freedom of speech and expression can be imposed
Security of State: Under Article 19(2) reasonable restrictions can be imposed on freedom of speech and
expression in the interest of security of State. The term "security of state" refers only to serious and
aggravated forms of public order e.g. rebellion, waging war against the State, insurrection and not
ordinary breaches of public order and public safety, e.g. unlawful assembly, riot, affray. Thus speeches
or expression on the part of an individual, which incite to or encourage the commission of violent
crimes, such as, murder are matters, which would undermine the security of State.

Friendly relations with foreign states: This ground was added by the constitution (First Amendment)
Act, 1951. The object behind the provision is to prohibit unrestrained malicious propaganda against a
foreign friendly state, which may jeopardise the maintenance of good relations between India, and that
state. No similar provision is present in any other Constitution of the world. In India, the Foreign
Relations Act, (XII of 1932) provides punishment for libel by Indian citizens against foreign dignitaries.
Interest of friendly relations with foreign States, would not justify the suppression of fair criticism of
foreign policy of the Government.
Public Order: This ground was added by the Constitution (First Amendment) Act. 'Public order' is an
expression of wide connotation and signifies "that state of tranquillity which prevails among the
members of political society as a result of internal regulations enforced by the Government which they
have established."
Freedom of assembly is not absolute but restricted. The assembly must be must be non-violent and
must not cause any breach of public peace. If the assembly is riotous then it is not protected under
Article 19 (1) (b) and reasonable restrictions may be imposed.
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Freedom to form Associations includes association of political, social or cultural. Further, it also gives the
right to join or not join associations or right to continue or not to continue with any association. It also
gives the right to form trade unions. Article 33 of the constitution empowers the to pass a law restricting
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the right to form political association to members of armed forces, persons employed in any bureau or
other organizations established by the state for the purpose of intelligence or counter intelligence,
persons employed in or in connection with the telecommunications system.
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Freedom of movement guarantees to the citizens the right to move freely throughout the territory of
India. But this can restricted on the grounds of Security, Public order or for protecting the interests of
the scheduled tribes.
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Freedom of Residence provides the right to reside or settle down throughout the territory of India. This
right is subject to certain reasonable restriction in areas like scheduled areas or border areas.
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Freedom of Trade and Occupation guarantees all citizens right to choose any profession, occupation,
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trade or business. This right can be restricted by the state under Clause 6 which includes
 Imposing reasonable restrictions in the interest of general public
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 Prescribing professional or technical qualifications necessary for carrying on any profession,

trade or business to the exclusion of private citizens, wholly or partially.
These freedoms can be suspended during the State of National Emergency. As soon as the State of
National Emergency is declared under Article 352, the above- mentioned freedoms except the right to
life and liberty, automatically remain suspended as long as the State of National Emergency continues.
All these freedoms get restored as soon as the proclamation of National Emergency is lifted.
Article 20 – Protection in respect of conviction for offences
20 (1) No person shall be convicted of any offence except for violation of a law in force at the time of the
commission of the Act charged as an offence, nor be subjected to a penalty greater than that which
might have been inflicted under the law in force at the time of the commission of the offence.
20 (2) No person shall be prosecuted and punished for the same offence more than once

This Constitutional provision assures protection against arbitrary arrest and excessive punishment to any
person who is alleged to have committed an offence. No person shall be punished except for the
violation of law which is in force when the crime was committed. An accused cannot be compelled to be
a witness against himself/herself. No person shall be punished for the same offence more than once.
Also, no criminal law can be invoked retrospectively.
Article 21 – Protection of life and Personal liberty

21. No person shall be deprived of his life or personal liberty except according to procedure established
by law.
21A. Right to education—The State shall provide free and compulsory education to all children of the
age of six to fourteen years in such manner as the State may, by law, determine.
The Constitution lays down that no person shall be deprived of his/her life or personal liberty except
according to the procedure established by law. It guarantees that life or personal liberty shall not be
taken away without the sanction of law. It ensures that no person can be punished or imprisoned
merely at the whims of some authority. He/she may be punished only for the violation of the law.
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Right to Education was introduced by the 86th Amendment Act, 2002. It was earlier under Article 45 of
the Constitution as a part of Directive Principles of State Policy. Right to Education Act, a law required to
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execute this right, was passed by the Parliament in 2009.According to the law, 25% of the seats have to
be reserved for economically backward section even in private institutions, only exception being
minority institutions.
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Article 22 - Prevention against Arbitrary Arrest and Detention

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Our Constitution guarantees certain rights to the arrested person. As per the provision, no person can
be arrested and/or be detained in custody without being informed of the grounds for detention. He /she
has the right to consult and be defended by a lawyer of his/her choice. The accused has to be produced
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before the nearest magistrate within a period of twenty-four hours of arrest. These safeguards however
are not available to foreigners as well as to those citizens detained under Preventive Detention Act.
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What is Preventive Detention?

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When the State feels that a person is likely to commit crime or is a threat to the security of the State,
he/she may be detained without trial for a limited period. However, no person can be kept under detention
for more than three months until permitted by an Advisory Board consisting of persons who are qualified
to be appointed as judges of the High Courts. Such a board is presided over by a sitting judge of a High
Court.

Right to Freedom of Religion (Article 25 – 28)
Article 25 - Freedom of conscience and free profession, practice and propagation of religion
25. (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are
equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.
25. (2) nothing in this article shall affect the operation of any existing law or prevent the State from making any
law—
a) Regulating or restricting any economic, financial, political or other secular activity which may be
associated with religious practice;
b) Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public
character to all classes and sections of Hindus.
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This right guarantee to every person the freedom of conscience and right to profess, practise and propagate
religion. This right is however, subjected to public order, morality and health and to the other provisions of Part
III of constitution. Right to propagate does not include right to convert. This means no one has the right to
convert another person to his own religion by force, fraud or by offering incentives.
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The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion. In sub-
clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing
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the Sikh, Jain or Buddhist religion, and the reference to Hindu religious institutions shall be construed
accordingly.
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Secularism
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 In the West, the state has nothing to do with religion.

 In India, the state will remain neutral in the matters of religion.
 This means, if a state seeks to promote religion, it has to promote all religions equally.
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 Secularism is seen as a means to promote communal harmony.

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Why aren’t we able to achieve a secular society?

 Considering Hindu-Muslim communalism, the wounds of partition have not healed so far.
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 Imbalances in development in the Hindu and Muslim community.

 These imbalances were brought out by Sachar Committee Report (2006).
 Majority of communities have not been magnanimous enough to accommodate the diversity of
this country.
 Absence of Uniform Civil code.
 There is no effective framework, legal or institutional, to check communalism and promote
National Unity.
Article 26 - Freedom to manage religious affairs
26. Subject to public order, morality and health, every religious denomination or any section thereof shall have
the right—
a) To establish and maintain institutions for religious and charitable purposes;
b) To manage its own affairs in matters of religion;
c) To own and acquire movable and immovable property;
d) To administer such property in accordance with law.

This article permits every religious group, the right to manage its own affairs in matters of religion. Every
religious sect has the right to establish and maintain institutions for religious and charitable purposes.
Each religious group is also free to purchase and manage its movable and immovable property in
accordance with law, for the propagation of its religion.
Article 27 - Freedom as to payment of taxes for promotion of any particular religion

27. No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in
payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
According to this article, the state cannot levy or collect any tax, the proceeds of which are to be used
exclusively for the promotion of a particular religion. E.g. Jizyah, tax levied during medieval times imposed
on non-Muslims and the proceeds of the tax were reserved for the promotion of Islamic religion. The
government can levy fee for maintenance of religious shrines and this does not amount to violation of
Article 27.
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Article 28 - Freedom as to attendance at religious instruction or religious worship in certain educational
institutions
28. (1) No religious instruction shall be provided in any educational institution wholly maintained out of
State funds.
imparted in such institution.

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28. (2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but
has been established under any endowment or trust which requires that religious instruction shall be
28. (3) No person attending any educational institution recognised by the State or receiving aid out of State
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funds shall be required to take part in any religious instruction that may be imparted in such institution or to
attend any religious worship that may be conducted in such institution or in any premises attached thereto
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unless such person or, if such person is a minor, his guardian has given his consent thereto.
According to this article, no religious education can be imparted in any educational institution which is
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wholly maintained out of the state funds. This restriction does not apply to those educational institutions
which are not wholly maintained out of State funds. But, even in those institutions, no child can be
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compelled to receive religious instructions against his /her wishes.

If religious denominations are set up under religious denominations or charitable trusts, religious education
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can be provided at such institutions and students can be compelled to attend.
Cultural and Educational Rights (Article 29 – 30)

 Also referred to as Rights of Minorities.
 Types of minorities identified under the Indian Constitution are primarily Linguistic and
Religious.
Article 29 - Protection of interests of minorities

29. (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct
language, script or culture of its own shall have the right to conserve the same.
29. (2) No citizen shall be denied admission into any educational institution maintained by the State or
receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

Article 30 - Right of minorities to establish and administer educational institutions

30. (1) All minorities, whether based on religion or language, shall have the right to establish and administer
educational institutions of their choice.
IA. In making any law providing for the compulsory acquisition of any property of an educational institution
established and administered by a minority, referred to in clause (1), the State shall ensure that the amount
fixed by or determined under such law for the acquisition of such property is such as would not restrict or
abrogate the right guaranteed under that clause.
30. (2) The State shall not, in granting aid to educational institutions, discriminate against any educational
institution on the ground that it is under the management of a minority, whether based on religion or language.
Cultural and Educational Rights provide necessary guarantees to preserve maintain and promote their
culture and language. The Constitution allows minorities to establish and maintains educational
institutions of their own. It also provides that the state shall not discriminate against any educational
institution while granting financial aid on the grounds that it is being run by a minority community.
These rights ensure that minorities will be given assistance by the state in the preservation of their
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language and culture. The Ideal before the state is to preserve and propagate the composite culture of
the country.
Right to Property
1. Article 19 (1) (f) – repealed in 1978.

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 In the original Constitution, all citizens had a threefold right to property.
2. Article 31 (1) – was removed from Fundamental Rights and placed under Article
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300A in 1978.
3. Article 31 (2) – repealed in 1978.
 By the 4th Amendment Act, 1955, Article 31 (2) was amended. It added that if a citizen is not
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satisfied with the compensation received, it cannot be challenged in the court of law.
 25th Amendment Act, 1971 again amended Article 31 (2). In this amendment the word
‘compensation’ from the article was replaced with ‘amount’.
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 By the 1st Amendment Act, 1951, Article 31A and 31B was added. These were exceptions to
Right to Property.
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 In 2007, SC in its verdict held that even Schedule nine cannot provide immunity to those laws
which are violating that part of Fundamental Rights, which according to apex court, are a
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component of basic structure.

 Article 31C was introduced by 25th Amendment Act, 1971. This is also an exception to Right to
property.
 42nd Amendment Act, 1976 expanded the scope of Article 31C. Accordingly, if a law is made to
give effect to any Directive Principle and if it violates Article 14 and 19, it shall not be an invalid
law.
 In the case of Minerva mills Vs. Union of India, 1980, this expansion beyond 39 (B) and (C) was
considered unconstitutional and struck down.
 Article 31D was added by the 42nd Amendment Act, 1976. According to this, if any law is made in
the context of checking anti – national activities, even if it violates Article 14 and 19, it shall be a
valid law.
 Article 31D was removed from the constitution by the 43rd Amendment Act, 1977.
 Right to property is, at present, a Constitutional Right under Article 300A.

Right to Constitutional Remedies (Article 32)
Part III of the Constitution provides for legal remedies for the protection of these rights against their
violation by the State or other institutions/individuals. It entitles the citizens of India to move the
Supreme Court or High Courts for the enforcement of these rights. The State is forbidden from making
any law that may be in conflict with the Fundamentals Rights.
Writ Petition
 The Constitution empowers the Supreme Court and High A writ petition is essentially a court
Courts to issue orders or writs. It broadly provides for petition for extraordinary review, asking
five kinds of “prerogative” writs, namely, Habeas a court to intervene in a lower court’s
Corpus, Certiorari, Mandamus, Quo Warranto and decision. Under the Indian legal system,
Prohibition. jurisdiction to issue ‘prerogative writs’ is
 The writ of prohibition is issued by a higher given to the Supreme Court, and to the
court to a lower court prohibiting it from taking High Courts of Judicature of all Indian
up a case because it falls outside the jurisdiction states. Parts of the law relating to writs
of the lower court. Thus, the higher court are set forth in the Constitution of India.
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transfers the case to itself.
 The writ of habeas corpus is issued to a detaining authority, ordering the detainer to
produce the detained person in the issuing court, along with the cause of his or her
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detention. If the detention is found to be illegal, the court issues an order to set the
person free.
 The writ of certiorari is issued to a lower court directing that the record of a case be sent
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up for review, together with all supporting files, evidence and documents, usually with
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the intention of overruling the judgment of the lower court. It is one of the mechanisms
by which the fundamental rights of the citizens are
upheld.
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 The writ of mandamus is issued to a subordinate court, an officer of government, or a

corporation or other institution commanding the performance of certain acts or duties.
 The writ of quo warranto is issued against a person who claims or usurps a public office.
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Through this writ the court inquires ‘by what authority’ the person supports his or her
claim.
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 Supreme Courts can issue writs only for the restoration and enforcement of Fundamental Rights
whereas High Courts can issue writs for Fundamental Rights and any other issues also.
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 Supreme Court has writ jurisdiction across the territory of India whereas jurisdiction of High
Courts are restricted to the particular state.
Suspension of Fundamental Rights

 During National Emergency under Article 352
 President can proclaim a state of emergency in the threat of war, external aggression or armed
rebellion.
 Under Article 358, if National Emergency is imposed on grounds of war or external aggression, six
rights under Article 19 stand automatically suspended.
 Under Article 359, other rights can also be suspended but a separate notification has to be issued
by the President.
 Article 20 and 21 can never be suspended.
 Constitutional emergency and financial emergency have no impact on Fundamental Rights.

PART IVA – FUNDAMENTAL DUTIES
 Part IVA consists of Article 51A.

 It was added by 42nd Amendment Act, 1976, based on the recommendations of Swaran Singh
committee.
 Fundamental Duties for citizens are in nature of a code of conduct.
51A.It shall be the duty of every citizen of India—

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National
Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
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(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending
religious, linguistic and regional or sectional diversities, to renounce practices derogatory to the dignity of
women;
(f) to value and preserve the rich heritage of our composite culture;
compassion for living creatures;

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(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
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(I) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly
rises to higher levels of endeavour and achievement.
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(k) To provide opportunities for education to his child or, as the case may be, ward between the age of six and
fourteen years.
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Note—(k) was added by the 86th Constitution amendment Act, 2002.

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 These fundamental duties are inspired by the Constitution of the former Soviet Union.
 It is the Constitutional sanction being given to the Indian way of life.
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 Since, the Fundamental Duties are included in Part IV of the Constitution, these cannot come
into force automatically, and neither can these duties be enforced by judicial process.
 The Constitution does not make any provision to enforce these duties automatically or any
sanction to prevent the violation of these duties by the citizens. However, it is expected that if a
law is enacted by the legislature to enforce these provisions, it shall not be declared
unconstitutional on the ground of its inconsistency with the provisions of Article 14 or that of
19.
Some acts passed to enforce Fundamental Duties
 The Emblems and Names (Prevention of Improper use) Act,1950

 The Prevention of Insult to National Honours Act, 1971
 The Untouchability (Offences) Act, 1955
 The Representation of Peoples Act, 1951

 In the year 2000, the Government of India set up a National Committee to review the working of
the Constitution.
 It was headed by former CJI M N Venkatachalaiah. The committee submitted its report in 2002.
 The committee recommended the government to take active steps to increase awareness of
Fundamental Duties among citizens.
 It also stated that the list of duties is not exhaustive. It said that duties like duty to vote, pay
taxes etc. could be added.
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PART V – THE UNION

CHAPTER 1 – THE EXECUTIVE
 The Executive broadly covers the President, Council of Ministers and position of the Prime
Minister.
 President is the head of the Union Executive. Article 52 creates the position of the President.
Qualifications Election of President

The qualifications for the office of President Electoral College which elects President consists of-
are:  Elected members of both the Houses of Parliament
(i) Should be a citizen of India; (does not include nominated members)
(ii) Should have completed the age of 35 years;  Electoral college which elects the President consists
(iii) Should be qualified to be elected as a of elected MP’s and elected MLA’s at the state level
member of Lok Sabha; and  MLA’s of National Capital Territory of Delhi and the
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(iv)Should not hold any office of profit i.e. the Union territory of Pondicherry are also included
candidate should not be a government servant.  The election is held by means of single transferable
However the office of the President, the Vice- vote system of proportional representation. The
President, the Governor or the Minister of the voting is done by secret ballot.
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Union or the State is not considered as an office  The term of President is five years.
of profit for this purpose;
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Single Transferable Vote System: The election of the President is held through single transferable vote
system of proportional representation. Under this system names of all the candidates are listed on the
ballot paper and the elector gives them numbers according to his/her preference. Every voter may mark
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on the ballot paper as many preferences as there are candidates. Thus the elector shall place the figure
1 opposite the name of the candidate whom he/she chooses for first preference and may mark as many
preferences as he/she wishes by putting the figures 2, 3, 4 and so on against the names of other
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candidates. The ballot becomes invalid if first preference is marked against more than one candidate or
if the first preference is not marked at all.
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Conditions of President’s office

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 Article 59 of the constitution lays down the conditions.

 The President cannot be a member of either of House of Parliament or State Legislature when
holding the office of President.
 The President cannot hold any other office of profit.
 Parliament by law will determine the salary of President.
Time of holding Presidential Elections

 An election to fill a vacancy caused by the expiration of the term of office of President shall be
completed before the expiration of the current term.
 An election to fill a vacancy in the office of President occurring by the reasons of death,
resignation or removal, or otherwise, should be held within 6 months from the date of
occurrence of vacancy.
Privileges and Immunities

 The President cannot be asked to be present in any court of law during his tenure.
 A prior notice of two months’ time is to be served before instituting a civil case against him.

 The President can neither be arrested nor any criminal proceedings be instituted against him in
any court of law during his tenure.
 The President is not answerable to any court of law for the exercise of his functions.
Removal of the President

The President can only be removed from office through a process called impeachment. The Constitution
lays down a detailed procedure for the impeachment of the President.
Procedure: The resolution to impeach the President can be moved in either House of Parliament. Such a
resolution can be moved only after a notice has been given by at least one-fourth of the total number of
members of the House. Such a resolution charging the President for violation of the Constitution must
be passed by a majority of not less than two-third of the total membership of that House before it goes
to the other House for investigation. The charges levelled against the President are investigated by the
second House. President has the right to be heard or defended when the charges against him are being
investigated. The President may defend himself in person or through his counsel. If the charges are
accepted by a two-third majority of the total membership of the second House, the impeachment
succeeds. The President thus stands removed from the office from the date on which the resolution is
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passed.
Article 53 – Executive power of the Union
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53. (1) The executive power of the Union shall be vested in the President and shall be exercised by him either
directly or through officers subordinate to him in accordance with this Constitution.
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53. (2) Without prejudice to the generality of the foregoing provision, the supreme command of the Defence
Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.
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53. (3) Nothing in this article shall— (a) be deemed to transfer to the President any functions conferred by any
existing law on the Government of any State or other authority; or (b) prevent Parliament from conferring by law
functions on authorities other than the President.
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Indian Government is following the Westminster system of Parliamentary democracy. In India, the President is
the nominal head. The President is empowered to exercise executive powers either directly or through officers
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subordinate to him which means through the Prime Minister and Council of Ministers. This is mentioned in Article
74 of the Indian Constitution.
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Executive Powers of the President

 The President appoints the Chief Justice and other judges of the Supreme Court and High
Courts. However, in all judicial appointments, the Chief Justice of India is consulted.
 Besides the President may also consult such other judges of the Supreme Court as the President
may be deemed necessary. While appointing Chief Justice and justices of High Courts the
President has to consult the State Governor also. In the appointment of High Court judges, the
President also consults the Chief Justice of the State. But now in accordance with the 1993
decision of the Supreme Court as re-interpreted in 1999, the President is bound by the
recommendations of a panel of senior most judges of the Supreme Court in matters of all
judicial appointments. This panel headed by the Chief Justice is known as the collegium of the
Supreme Court.
 The President appoints the Attorney General, the Comptroller and Auditor General of India, the
Chief Election Commissioner and other Election Commissioners, the Chairman and Members of
Union Public Service Commission (U.P.S.C.). He/she also appoints the Governors of States and
Lt. Governors of Union Territories. All such appointments are made on the advice of the Union
Cabinet headed by the Prime Minister.
 The President is the Supreme Commander of the armed forces.
 All laws enacted by the Union Parliament are enforced by him/her. All officials appointed by
him/her (such as Governors and Ambassadors) may be removed or recalled by him/ her, on the
advice of the Union Council of Ministers.
 All the functions are performed by the President on the advice of the Prime Minister. All
decisions of the Union Government are communicated to him/her by the Prime Minister.
Administrative Powers of the President

 Under Article 77, all the actions of the government are taken under the name of the President.
 Under Article 78, the President has the right to seek any information from the Centre and the
State.
 Under Article 310, every officer of the government occupies his/her position during the pleasure
of the President.
Legislative Powers of the President

 President summons both the Houses of the Parliament for sessions.
 President also prorogues the sessions.
 President is also responsible for dissolving the Lok Sabha.
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 The first session of each year and the first session of newly elected Lok Sabha after the general
elections begin with the address of the President.
 President can nominate two members in the Lok Sabha belonging to the Anglo Indian
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community.
 President has the power to send messages to the Parliament.
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 President can nominate 12 members to the Rajya Sabha.
 President submits the reports of UPSC, Finance Commission etc. to the Parliament.
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 No bill can become a law without the assent of the President. To introduce certain bills in the
Parliament, prior permission of the President is required. E.g. Money bills.
 President possesses Veto power.
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 President has Ordinance making power under Article 123.

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Judicial Powers of the President

 The President, as head of state, can pardon a criminal or reduce the punishment or suspend
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cummute or remit the sentence of a criminal convicted by the Supreme Court or High Courts for
an offence against the federal laws.
 Presidents pardoning power comprises of Pardon, reprieve, remission, respite and
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commutation.
 The President can pardon a person convicted by a Court Martial. His/her power of pardon
includes granting of pardon even to a person awarded death sentence. But, the President
performs this function on the advice of Law Ministry.
 Advisory Jurisdiction under Article 143 also comes under judicial powers of the President.
Emergency powers of the President

 President has the power to declare National emergency under Article 352 on the grounds of
war, external aggression and armed rebellion.
 President also has the power to declare Constitutional Emergency under Article 356.
 President can also declare financial emergency under Article 360.
Areas where the President can act independently

 Can reject the advice of the Prime Minister if the PM has lost majority in the house.
 Power to send messages to the Parliament.
 Power of suspensive veto.

 If the general elections to the Lok Sabha throws up a ‘Hung House’.

 Under Article 78 – Presidents Right to Information.
 Under Article 74 – Send an advice back to the Council of Ministers for reconsideration.
 Receive memorandum from the opposition, study the situation and speak to the PM privately.
 Entitled to comment on the affairs of the state.
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CAG OF INDIA
 Article 148 to 151 deal with the powers and functions of CAG.
 CAG is appointed by the President of India and shall only be removed from the office in like and
manner and on the like grounds as a Judge of the Supreme Court.
148. Comptroller and Auditor-General of India
(1) There shall be a Comptroller and Auditor-General of India who shall be appointed by the President by warrant
under his hand and seal and shall only be removed from office in like manner and on like grounds as a Judge of the
Supreme Court.
(2) Every person appointed to be the Comptroller and Auditor-General of India shall, before he enters upon his office,
make and subscribe before the President or some person appointed in that behalf by him, an oath or affirmation
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according to the form set out for the purpose in the Third Schedule.
(3) The salary and other conditions of service of the Comptroller and Auditor-General shall be such as may be
determined by Parliament by law and, until they are so determined, shall be as specified in the Second Schedule:
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Provided that neither the salary of a Comptroller and Auditor-General nor his rights in respect of leave of absence,
pension or age of retirement shall be varied to his disadvantage after his appointment.
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(4) The Comptroller and Auditor-General shall not be eligible for further office either under the Government of India
or under the Government of any State after he has ceased to hold his office.
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(5) Subject to the provisions of this Constitution and of any law made by parliament, the conditions of service of
persons serving in the Indian Audit and Accounts Department and the administrative powers of the Comptroller and
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Auditor-General shall be such as may be prescribed by rules made by the President after consultation with the
Comptroller and Auditor-General.
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(6) The administrative expenses of the office of the Comptroller and Auditor-General including all salaries, allowances
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and pensions payable to or in respect of persons serving in that office, shall be charged upon the Consolidated Fund
of India.
 CAG is responsible for auditing the accounts of the expenditures of the Government of India or
that of the states. CAG makes sure that the money is spent prudently, legally through lawful
means and also check for financial wrongdoings.
 According to Dr Ambedkar, CAG is one of the four pillars of the Constitution, the other three
being the Supreme Court, Public Service Commission and the Election Commission.
 The tenure, salary and age of retirement of CAG will be decided by a law passed by the
Parliament. Accordingly, CAG DPC Act 1971 was passed by the Parliament. According to the act,
tenure of CAG is 6 years and retirement age is 65.
 CAG is not eligible to be appointed to another government or public office after he ceases to
hold the office of CAG. But CAG can become a governor or a minister after contesting elections,
after he ceases to hold the office of CAG.

Duties and Powers of CAG

 Article 149 authorises the Parliament to prescribe the duties and powers of CAG.
 He audits the Consolidated Fund of India and that of each state and consolidated fund of each
union territory having Legislative Assembly. Similarly, he also audits the expenditures of
Contingency Fund of India and that of each state.
 He audits the receipts and expenditure of the Centre and each State to satisfy himself and the
rules and procedures that are designed to ensure effective check on improper spending.
 CAG audits the receipts and expenditures of
 Government Companies
 All bodies and authorities financed from revenues of Centre and state.
 Other bodies, when required by law.
 He audits the accounts of any other authority when requested by the President or Governor.
 According to the Article 150, he advises the President with regard to the prescription of the
form in which the accounts of the centre and the states shall be kept.
 As mentioned in the Article 151
 He submits his audit reports relating to the accounts of the Centre to the President, who
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places them before both the Houses of Parliament.
 He submits his audit reports relating to the accounts of a state to the governor, who
places them before the state legislature.
 He acts as a friend, philosopher and guide of the Public Accounts Committee of the Parliament.
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 CAG submits three audit reports to the President
 audit report on Appropriation accounts
 audit report on Finance Accounts
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 audit report on Public Undertakings
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Audits conducted by CAG
Compliance Audit - Compliance Audit is a transaction Audit in which some selected transactions of an entity for
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a particular financial year is chosen for examination for e.g. a purchase made by a medical officer, a contract
made by the public works division for building a road or Tax assessment by an Assessment Officer.
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Financial Attest Audit - It’s a “supplementary audit” with the primary auditor usually being a chartered
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Accountant. It is used to certify how far the accounts are true and fair i.e. whether the financial statements are
properly prepared, complete in all respects and are presented with adequate disclosures.
Performance Audit - The Performance Audits are seeks to establish at what cost and to what degree the
policies, programme and projects are working. In addition to all the financial audit checks it assess whether a
scheme or activity deploys sound means to achieve its intended socio economic objectives.


PARLIAMENT
Disqualifications for membership – Article 102

102. (1) A person shall be disqualified for being chosen as, and for being, a member of either House of
Parliament—
(a) if he holds any office of profit under the Government of India or the Government of any State, other than an
office declared by Parliament by law not to disqualify its holder;
(b) If he is of unsound mind and stands so declared by a competent court;
(c) If he is an undischarged insolvent;
(d) If he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any
acknowledgment of allegiance or adherence to a foreign State;
(e) If he is so disqualified by or under any law made by Parliament.
A Member of Parliament cannot hold office of profit under the Government of India or that of ant state as it
would lead to conflict of interest. Minister’s office is exempted from this. Parliament, by law, determines the
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offices which are exempted. In accordance, Members of Parliament (Prevention of disqualification) Act 1959
was enacted. This Act was amended in 2006, which added certain offices of profit to list, and was given
retrospective effect. There is a Joint Committee on offices of profit in Parliament, which advises the Parliament
on the offices which has to be added to the list, as and when new offices are created. Members can also be
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disqualified under any other laws made by the Parliament. E.g. Representation of Peoples Act 1951.
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Decision on questions as to disqualifications of members – Article 103
103. (1) If any question arises as to whether a member of either House of Parliament has become subject to any
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of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of
the President and his decision shall be final.
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103. (2) Before giving any decision on any such question, the President shall obtain the opinion of the Election
Commission and shall act according to such opinion.
If a Member of Parliament is subject to disqualification under grounds mentioned in Article 102, the decision
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shall be referred to the President and the President shall act in accordance with the opinion of the Election
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Commission.
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Speaker of Lok Sabha

 G V Mavalankar was the Lok Sabha speaker after independence. Sir Frederick Whyte was the first Lok Sabha
speaker of British India. Vittalbhai Patel was the first Indian speaker during British India.
 According to Article 93, the Lok Sabha has to choose two members as Speaker and Deputy Speaker
respectively.
 Speaker or Deputy Speaker shall vacate his office if he ceases to be the member of the House of the People.
 If the Speaker wishes to resign, he sends his resignation letter to Deputy Speaker and vice versa.
 A Speaker can be removed from his office by passing a resolution with a majority of the then members of
the Parliament. A prior notice of 14 days has to be given before moving the resolution.
 Speaker need not resign when the Lok Sabha is dissolved. He continues to hold office until the first meeting
of next Lok Sabha is held and the next speaker is elected.
 If the office of the speaker is vacant, the duties shall be performed by the Deputy Speaker. If the office of
Deputy Speaker is also vacant, the President shall appoint a person to take over the proceedings of the
House (Pro tem Speaker).

Powers of Lok Sabha speaker

 He presides over the meeting of Lok Sabha.
 He has the final power to maintain order in the House and also to interpret the rules of
procedure.
 Speaker decides whether a bill is money bill or not (available only to Lok Sabha speaker).
 He presides over the joint sitting of both the Houses of the Parliament.
 Speaker cannot vote in the first instance. If there is a tie in the first instance, then the speaker is
allowed to vote to break the deadlock. This is called Casting Vote.
 During the removal procedure of the speaker, he is allowed to vote in the first instance.
 Speaker has the power to disqualify any member of the house, if the member is held guilty of
any wrong doings.
 Speaker has the right to nominate members for certain committees of the Parliament.
 It is the speaker who decides who shall hold the floor (speak in the house).
 Speaker decides which points of order are accepted and rejected.
Position of Chairperson of Rajya Sabha
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 Article 63 creates the Position of Vice President of India.
 Vice President is the exofficio chairperson of Rajya Sabha, according to article 63.
 The tenure of Members of Rajya Sabha is 6 years whereas the tenure of chairperson of Rajya
Sabha is 5 years.
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 If the Vice President is discharging duties of the President, he shall not officiate as the
chairperson of Rajya Sabha.
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 Deputy Chairperson is elected from amongst the members of Rajya Sabha.
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Vacancy in the seat of a Member of Parliament in both Houses
 Vacancy can occur on account of death, resignation, disqualification.
 If the MP is not present in the proceedings of the house for a period of 60 days or more, without
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the permission of the house, MP can be disqualified.

 Dual Membership – MP is not allowed to hold membership of more than one house
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simultaneously. He is also not allowed to hold more than one seat in the same house.
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Legislative Procedures in the Parliament

 Legislative Procedures are the procedures through which bills become laws.
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 Types of bills introduced in the Parliament –

 Ordinary bills
 Money bills
 Financial bills – Class I and Class II Financial bills
 Constitution Amendment bills
 Private Member’s bill
 If a minister wants to introduce a bill, a notice of not more than 7 days is required to be given.
 A longer notice period is required for a Private Member’s bill.
 Any bill introduced in the Parliament has to go through 3 stages ( Reading of the bills)
 First Reading - Introduction of the bill
o Bill may be referred to a select committee
o Bill may be referred to Joint Committee of both Houses of the Parliament
o Bill may be circulated or eliciting public opinion
o Bill may be taken for consideration
 Generally in the first reading, fundamentals of the bills are discussed.
 Second Reading ends after the house considers the bill on a clause-by-clause basis (in detail).

 In the third Reading, the concerned MP will request the house (move a motion) to pass the
bill.
 After the bill is passed in one house ( for e.g. Lok Sabha) the other house ( Rajya Sabha) can
 Accept the bill and pass it to the President for assent.
 It can completely reject it or pass it with amendments.
 It might not do anything for a period of 6 months.
 If there is a deadlock, a joint sitting will be called by the President to resolve the deadlock.
Money Bill
 Article 110 and 199 describe what constitutes a money bill of Central and State Legislatures.
 On money bills, Rajya Sabha does not have much power.
 A money bill can be introduced only in Lok Sabha.
 Sanction of the President is required before the introduction of money bill.
 Rajya Sabha has the power to delay the passage of the money bill by at most 14 days.
 Rajya Sabha can offer suggestions and advice but it cannot amend the bill.
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Financial Bill
 A bill that deals with certain matters, alongside the matters present in Article 110 or 199.
 All money bills are financial bills but all financial bills are not money bills.
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 Special Provisions of Financial Bill Class I
 Can be introduced only in Lok Sabha
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 Can be introduced only with the prior consent of the President.
 Rajya Sabha has equal powers as the Lok Sabha on this bill
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 Special Provisions of Financial bill Class II
 They involve with some expenditure of money
 They can be introduced in both the houses.
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 President’s consent is required before the bill is taken up for consideration (2nd Reading
begins).
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Budget – Annual Financial Statement

 Article 112 and 202 of the Indian Constitution deals with the Annual Financial Statement of the
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Centre and State respectively. According to Article 112, either the President has to present the
budget or ask one of his ministers to present it. By convention, it is the Finance Minister who
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presents the budget.

 No expenditure can be incurred without the approval of the parliament.
 Most of the expenditures are voted by the Parliament. There are certain expenditures on which
voting does not take place exclusively. Such expenditures are referred to as expenditures
charged on the Consolidated Fund of India.
 Charged expenditures on the Consolidated Fund of India
 the emoluments and allowances of the president and other expenditure relating to his
office
 salaries and allowances of the Chairman and the Deputy Chairman of the Council of
States and the Speaker and the Deputy Speaker of the House of the People
 Debt charges
 Salaries, allowances and pensions payable to or in respect of the Judges of Supreme
Court
 Salary, allowance and pension of CAG
 Sums required to satisfy any judgment, decree or award of any court or arbitral tribunal

 Parliament by law can declare any other expenditure to be charged on Consolidated

Fund of India.
 Dual Budget – India follows a system of Dual Budget i.e. Railway Budget is presented separately.
This was done on the recommendations of Acworth Committee in 1921. This separation was
done as Railway department was one of the most commercial ministries. Most of the other
ministries were spending departments.
 Railway Budget precedes the General Budget.
 Budget in the Parliament has to go through 6 stages
 It is first introduced by the Finance Minister on the last working day of February.
 After this the General discussion on the budget happens (usually after 3 4 days after the
budget is introduced. Generally the policies underlying the budget are discussed.
 Committee Stage – Department Related Standing Committee (DRSC) was set up in 1993.
There are 24 committees at present with each committee having 21 members from Lok
Sabha and 10 members from Rajya Sabha. Demands of the ministries are submitted to
the respective DRSC’s, which study the budget in detail and prepare a report. DRSC’s
help the MP’s to control the finances of the government in a more effective manner.
 Voting on Demands – Here each department’s demands would be taken up and
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discussed in detail. MP’s have certain devices available to them to influence the budget
known as cut motions.
o Economy cut motion – aim of this motion is to make the demands more
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reasonable.
o Token cut motion – aim of the token cut motion is to register a grievance on the
records of parliament.
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o Policy disapproval cut motion – This is used by the Parliament to express
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disapproval about the underlying policies of the budget. This would virtually
amount to no-confidence motion and the government has to resign.
 Appropriation Bill Stage – Appropriation bill contains all the bills that have been passed
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along with the charged expenditure. Appropriation bill authorizes to withdraw from the
Consolidated Fund of India.
 Finance Bill – Taxation part of the budget is present in a separate bill called the finance
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bill.
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LECTURE NOTES – POLITY SESSION 1

Salient Features of the Constitution of India

(i) A written and lengthy constitution

(ii) Single Constitution

(iii) Sovereign, socialist, secular, democratic, republic

its equitable distribution.

(iv) Unique blend of rigidity and flexibility

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(v) Patchwork, but a beautiful patchwork

(vi) Parliamentary form of democracy

ii. Right to Freedom.

iii. Right against Exploitation.

iv. Right to Freedom of Religion.

v. Cultural and Educational Rights.

vi. Right to Constitutional Remedies.

(viii) Directive principles of state policy

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(ix) Single citizenship

(x) Universal adult franchise

(xi) Affirmative action

(xii) Independent judiciary

(xiii) Independent agencies

ii. Comptroller and Auditor General (article 148)

iii. Union and State Public Service Commissions (article 315)

(iv) Finance Commission (article 280)

(xiv) Emergency provisions

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Sources of certain features of Indian Constitution

USA  Fundamental rights

 Directive Principles of State Policy

Germany Emergency Provisions

Russian Revolution Ideal of Justice, social, education, economic and political

French Revolution Ideal of Liberty, Equality and fraternity

Govt of India Act  Office of Governor

South Africa Amendment to the Constitution

Australia Concurrent List

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LECTURE NOTES – DIRECTIVE PRINCIPLES

Article 37 reveals that:

1. The Directive Principles are not justiciable

2. They are Fundamental to the governance of the country

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‘Fundamentalization’ of Directive Principles

Directives contained in other parts (Important)

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Fundamental Rights vs Directive Principles

Relative Importance of DPs vis-a-vis FRs

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The Doctrine of Basic Structure (1973)

The supremacy of the constitution.

The federal character of the Constitution.

governments are supposed to exercise their executive powers in accordance with

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POLITY LECTURE NOTES

PART 1 of the Indian Constitution – THE UNION AND ITS TERRITORY

Till 1956 States were categorized as:- Chief Commissioner Provinces

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 Use of Language as demarcation was thought of as one of the reasons initially

They carved out 14 states and 6 Union Territories

Madras, Mysore, Orissa, Rajasthan, Punjab, West Bengal

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