PYRAMID IAS ACADEMY CHARTER ACT OF 1833:
KARAIKUDI This is the final step towards centralization of
INDIAN POLITY
1. HISTORICAL BACKGROUND OF THE
INDIAN CONSTITUTION
The British came to India in 1600 AD as traders in the
form of East India Company.
In the year 1765 the East India Company obtained
Diwani (Rights over revenue and civil justice) of
Bengal, Bihar and Orissa.
In the year 1858 after the Sepoy mutiny, British
crown assumed direct responsibility for the
governance of India.
This rule continued up to August 15, 1947. (India got
independence).
THE COMPANY RULE (1773-1858):
THE REGULATING ACT OF 1773
This was the first step taken by British Government
to control and regulate the affairs of East India
Company in India.
The political and administrative functions of the
company were recognized for the first time.
It laid the foundation of central administration in
India.
FEATURES OF 1773 ACT:
The Governor of Bengal was designated as the
Governor-General of Bengal and the Executive
council of the 4 members was created to assist the
Governor-General.
The first Governor-General of Bengal was Lord
Warren Hastings.
The 1773 act made the Governors of Bombay and
Madras presidencies subordinate to the Governor
General of Bengal.
The act provided for the establishment of Supreme
Court at Calcutta in the year 1774.
The 1773 act strengthened the control of British
government over the company by requiring the court
the Directors to report on its revenue, civil and
military affairs in India.
PITTS INDIA ACT OF 1784:
The 1781 “Act of Settlement” – passed by the
British parliament to rectify the defects of 1773 Act.
The Pitts India act distinguished between
commercial and political functions of the company.
The Court of Directors entrusted with the
responsibility to manage commercial affairs of the
company.
The Board of control was entrusted with the
responsibility of political affairs. Thus, the Pitts India
act established the dual (double) government.
1
power in India.
It made Governor-General of Bengal as the
Governor-General of India & and vested in him all
civil and military powers. The first Governor-General
of India was Lord William Bentinck.
The East India Company purely became the
administrative body.
It deprived the governor of Bombay and Madras
of their legislative powers.
The laws made under the previous acts were called
as Regulations while laws made under this act were
called as Acts.
This act attempted to introduce a system of open
competition for selection of civil servants. (This is an
attempt only; open competition system was
introduced later).
CHARTER ACT OF 1853:
This was the last charter act passed by the British
Parliament. This act created the Legislative council.
The legislative council functioned as a mini
Parliament.
The Charter Act of 1853 introduced Open
competition system of selection and recruitment of
civil servants.
This was also open to Indians. (Indians were
permitted to take part in the competitive
examination).
Accordingly, Macaulay Committee (Committee on
the Indian civil services) was appointed in the year
1854. Satyendra Nath Tagore was the first Indian to
join the civil services.
THE CROWN RULE (1858 – 1947):
THE GOVERNMENT OF INDIA ACT 1858
This came into being after the “Sepoy Mutiny of
1857”. This act is also known as the “Act for good
government in India” & abolished the East India
Company, and transferred the powers of
government, territories and revenues to the British
Crown.
The designation of Governor-General of India was
changed to the Viceroy of India (The last Governor-
General of India & The first Viceroy of India was
Lord Canning).
It ended the system of double government by
abolishing the Board of Control and Court of
Directors.
It created a new office, Secretary of State for India,
vested with complete authority and control over
Indian administration.
Indian Councils Act of 1861, 1892 and 1909
Features of the Act of 1861: It made a beginning of
representative institutions by associating Indians
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
with the law-making process. In 1862, Lord Canning,
the then viceroy, nominated three Indians to his
legislative council— the Raja of Benaras, the
Maharaja of Patiala and Sir Dinkar Rao.
It initiated the process of decentralisation by
restoring the legislative powers to the Bombay and
Madras Presidencies.
It also provided for the establishment of new
legislative councils for Bengal, North-western
Frontier Province (NWFP) and Punjab, which were
established in 1862, 1866 and 1897 respectively.
It empowered the Viceroy to issue ordinances,
without the concurrence of the legislative council,
during an emergency. The life of such an ordinance
was six months.
Features of the Act of 1892: This act gave the
legislative councils the power of discussing the
budget and addressing questions to the executive.
This act also provided for the nomination of some
non-official members to the legislative councils by the
Viceroy.
Features of the Act of 1909: This Act is also known as
Morley-Minto Reforms (Lord Morley was the then
Secretary of State for India and Lord Minto was the
then viceroy of India).
It considerably increased the size of the legislative
councils, both Central and provincial.
It provided (for the first time) for the association of
Indians with the executive Councils of the viceroy
and Governors. Satyendra Prasad Sinha became the
first Indian to join the viceroy’s Executive Council.
He was appointed as the law member.
It introduced a system of communal representation
for Muslims by accepting the concept of ‘separate
electorate’. Under this, the Muslim members were to
be elected only by Muslim voters. Thus, the Act
‘legalized communalism’ and Lord Minto came to be
known as the Father of Communal Electorate.
Government of India Act of 1919: This Act is also
known as Montagu-Chelmsford Reforms (Montagu
was the Secretary of State for India and Lord
Chelmsford was the Viceroy of India).
Features of the Act of 1919: It relaxed the central
control over the provinces by demarcating and
separating the central and provincial subjects.
It further divided the provincial subjects into two
parts— transferred and reserved. The transferred
subjects were to be administered by the governor
with the aid of ministers responsible to the legislative
Council. The reserved subjects, on the other hand,
were to be administered by the governor and his
executive council without being responsible to the
legislative Council. This dual scheme of governance
was known as ‘dyarchy’— a term derived from the
2
Greek word di-arche which means double rule.
However, this experiment was largely unsuccessful.
It introduced, for the first time, bicameralism and
direct elections in the country.
It extended the principle of communal
representation by providing separate electorates for
Sikhs, Indian Christians, Anglo-Indians and
Europeans.
It provided for the establishment of a public service
commission. Hence, a Central Public Service
Commission was set up in 1926 for recruiting civil
servants.
It separated, for the first time, provincial budgets
from the Central budget and authorised the
provincial legislatures.
The 1919 reforms failed to fulfill the aspirations of
the people in India and this led to Swaraj
(Selfgovernmen) agitation under the leadership of
Mahatma Gandhi.
In the year 1927 a statutory commission was
appointed under the chairmanship of Simon to
inquire into and report on the working of the 1919
Act.
Simon Commission
The Simon Commission was appointed by the
British Government in November 1927.
The British Government announced the
appointment, a 7-member statutory commission
under the chairmanship of Sir John Simon to report
on the condition of GOI 1919. All the members of the
commission were British and hence, all the parties
boycotted the commission. The commission
submitted its report in 1930.
It recommended the abolition of dyarchy,
extension of responsible government in the
provinces, establishment of a federation of British
India and princely states, continuation of communal
electorate and so on.
To consider the proposals of the commission, the
British Government convened three round table
conferences of the representatives of the British
Government, British India and Indian princely states.
On the basis of these discussions, a ‘White Paper on
Constitutional Reforms’ was prepared and submitted
for the consideration of the Joint Select Committee of
the British Parliament. The recommendations of this
committee were incorporated (with certain changes)
in the next Government of Inida Act of 1935.
Communal Award:
In August 1932, Ramsay MacDonald, the British
Prime Minister, announced a scheme of
representation of the minorities, which came to be
known as the Communal Award.
Separate electorates for the Muslims, Sikhs, Indian
Christians, Anglo-Indians and Europeans but also
extended it to the depressed classes (scheduled
castes). Gandhiji was distressed over this extension of
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
the principle of communal representation to the
depressed classes and undertook fast unto death in
Yeravada Jail (Poona) to get the award modified.
At last, there was an agreement between the
leaders of the Congress and the depressed classes.
The agreement, known as Poona Pact, retained the
Hindu joint electorate and gave reserved seats to the
depressed classes.
Government of India Act of 1935
The Act marked towards a completely responsible
government in India.
Features of the Act of 1935
It provided for the establishment of an All-
India Federation consisting of provinces and princely
states.
The GOI act 1935 divided the powers into
➢ Federal List (59)
➢ Provincial List (54)
➢ Concurrent List (36)
The residuary powers were vested with the Viceroy.
It abolished dyarchy in the provinces and
introduced ‘provincial autonomy’ in its place.
It provided for the adoption of dyarchy at the
Centre.
It provided for the establishment of a Reserve Bank
of India to control the currency and credit of the
country.
It provided for the establishment of not only a
Federal Public Service Commission but also a
Provincial Public Service Commission and Joint
Public Service Commission for two or more
provinces.
It provided for the establishment of a Federal
Court, which was set up in 1937.
Indian Independence Act of 1947
On February 20, 1947, the British Prime Minister
Clement Atlee declared that the British rule in India
would end by June 30,1948 after which the power
would be transferred to responsible Indian hands.
The Muslim League demanded partition of the
country.
Again, on June 3, 1947, the British Government
made it clear that any Constitution framed by the
Constituent Assembly of India (formed in 1946)
cannot apply to those parts of the country which
were unwilling to accept it.
On the same day (June 3, 1947), Lord Mountbatten,
the viceroy of India, put forth the partition plan,
known as the Mountbatten Plan. The plan was
accepted by the Congress and the Muslim League.
Immediate effect was given to the plan by enacting
the Indian Independence Act (1947).
Features of the Act: It ended the British rule in India
and declared India as an independent and sovereign
state from August 15,1947.
3
It abolished the office of viceroy and provided, for
each dominion, a governor-general.
It proclaimed the lapse of British paramountcy
over the Indian princely states and treaty relations
with tribal areas from August 15,1947. It
granted freedom to the Indian princely states either
to join the Dominion of India or Dominion of
Pakistan or to remain independent.
It designated the Governor-General of India and
the provincial governors as constitutional (nominal)
heads of the states. They were made to act on the
advice of the respective council of ministers in all
matters.
At the stroke of midnight of 14– 15 August, 1947,
the British rule came to an end and power was
transferred to the two new independent Dominions
of India and Pakistan. Lord Mountbatten became the
first governor-general of the new Dominion of India.
He swore in Jawaharlal Nehru as the first prime
minister of independent India. The Constituent
Assembly of India formed in 1946 became the
Parliament of the Indian Dominion.
2. MAKING OF THE CONSTITUTION
1922: - Mahatma Gandhi put forward the demand
that India ‘s political destiny should be determined
by the Indians themselves.
1928: - May 17, 1927 - At Bombay session Motilal
Nehru moved a resolution calling up on the Congress
working committee to frame a Constitution for India.
May 19, 1928 – In all party conference a committee
was set up under the Chairmanship of Motilal Nehru
to determine the principles of the Constitution of
India.
Report was submitted on August 10, 1928 and was
called Nehru Report.
This was the 1st attempt by Indians to frame a full-
fledged Constitution for India.
1934: - Idea of a Constituent Assembly for India was
put forward for the first time by M. N. Roy.
In 1935, the Indian National Congress for the first
time officially demanded for the CONSTITUENT
ASSEMBLY.
1940: - The demand for the CONSTITUENT
ASSEMBLY was for the first time and authoritatively
conceded by the British Government in the year 1940
through August Offer.
1942: - Sir Stafford Cripps (Cripps Mission), a
member of the cabinet, came to India with a draft
proposal of the British Government on the framing of
an independent Constitution to be adopted after the
World War II. The Cripps Proposals were rejected by
the Muslim League which wanted India to be divided
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
into two autonomous states with two separate
Constituent Assemblies.
The political parties could not come to an
agreement.
1946: - Cabinet Mission plan (Lord Pethick
Lawrence, Sir Stafford Cripps and A V Alexander)
was sent on March 24, 1946 to India with a proposal
of CONSTITUENT ASSEMBLY.
The CONSTITUENT ASSEMBLY was constituted
in November 1946 with 389 members. (296 British
India and 93 were from princely states).
“December 13, 1946 - Objectives Resolution (the
resolution that defined the aims of the Assembly) was
moved by Jawaharlal Nehru”. It laid down the
fundamentals and philosophy of the constitutional
structure.
This Resolution was unanimously adopted by
the Assembly on January 22, 1947.
It influenced the eventual shaping of the
constitution through all its subsequent stages. Its
modified version forms the Preamble of the present
Constitution.
With Indian Independence Act of 1947,
CONSTITUENT ASSEMBLY became the sovereign
body and The CONSTITUENT ASSEMBLY became
the first parliament of free India. (The first speaker -
G V Mavalankar.)
CONSTITUENT ASSEMBLY adopted
➢ National Flag on July 22, 1947.
➢ Constitution on November 26, 1949.
➢ National Anthem on January 24, 1950.
➢ National Song on January 24, 1950.
➢ Dr Rajendra Prasad was elected as the first
President of India on January 24, 1950.
On January 24, 1950, the Constituent Assembly held
its final session. It, however, did not end, and
continued as the provisional parliament of India from
January 26, 1950 till the formation of new Parliament
after the first general elections in 1951– 52.
There were 22 committees constituted in the
CONSTITUENT ASSEMBLY
Major Committees
1. Union Powers Committee – Jawaharlal Nehru
2. Union Constitution Committee – Jawaharlal Nehru
3. Provincial Constitution Committee – Sardar Patel
4. Drafting Committee – Dr. B.R. Ambedkar
5. Advisory Committee on Fundamental Rights,
Minorities and Tribal and Excluded Areas – Sardar
Patel.
6. Rules of Procedure Committee – Dr. Rajendra
Prasad
7. States Committee (Committee for Negotiating with
States) – Jawaharlal Nehru
8. Steering Committee – Dr. Rajendra Prasad
Drafting Committee
4
Among all the committees of the Constituent
Assembly, the most important committee was the
Drafting Committee set up on August 29, 1947.
Chairman of Drafting Committee -Dr. B R Ambedkar.
The motion on Draft Constitution was declared as
passed on November 26, 1949 and received the
signatures of the members and the president.
The Constitution as adopted on November 26, 1949,
contained a Preamble, 395 Articles and 8 Schedules.
The major part of the Constitution came into force
on January 26, 1950. This day is referred to in the
Constitution as the ‘date of its commencement’, and
celebrated as the Republic Day. January 26 was
specifically chosen as the ‘date of commencement’ of
the Constitution because of its historical importance.
It was on this day in 1930 that Purna Swaraj day was
celebrated, following the resolution of the Lahore
Session (December 1929) of the INC.
3. SILENT FEATURES OF THE INDIAN
CONSTITUTION
1. Lengthiest Written Constitution
Originally (1949), the Constitution contained
a Preamble, 395 Articles (divided into 22 Parts) and 8
Schedules. Presently (2013), it consists of a Preamble,
about 465 Articles (divided into 25 Parts) and 12
Schedules.
The 42nd Amendment Act (1976) is known as
‘Mini-Constitution’
Factors for the Lengthiest constitution
(a) Geographical factors, that is, the vastness of the
country and its diversity.
(b) Historical factors, e.g., the influence of the
Government of India Act of 1935, which was bulky.
(c) Single Constitution for both the Centre and the
states except Jammu and Kashmir.
2. Drawn from Various Sources
3. Blend of Rigidity and Flexibility
4. Federal System with Unitary Bias
5. Parliamentary Form of Government
6. Integrated and Independent Judiciary
7. Fundamental Rights
8. Directive Principles of State Policy
9. Fundamental Duties
10. A Secular State
11. Universal Adult Franchise: The voting age was
reduced to 18 years from 21 years in 1989 by the
61st Constitutional Amendment Act of 1988.
12. Single Citizenship
13. Independent Bodies
14. Emergency Provisions
15. Three-tier Government
The 73rd Amendment Act of 1992 gave
constitutional recognition to the panchayats (rural
local governments) by adding a new Part IX and a
new Schedule 11 to the Constitution.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
 The 74th Amendment Act of 1992 gave XV Elections 324 to 329
constitutional. recognition to the municipalities XVI Special Provisions Relating 330-342
(urban local governments) by adding a new Part IX-A to Certain Classes
and a new Schedule 12 to the Constitution. XVII OFFICIAL LANGUAGE
Language of the Union 343-344
The Constitution of India at a Glance Regional Languages 345- 347
PARTS SUBJECTS ARTICLES Languages of the Supreme 348- 349
I The Union and its territory 1-4 Court, High Courts, etc.
II Citizenship 5-11 Special Directives 350- 351
III Fundamental Rights 12-35 XVIII Emergency Provisions 352-360
Directive Principles of State 36-51 XIX Miscellaneous 361-367
IV
Policy XX Amendment of Constitution 368
IV- A Fundamental Duties 51-A XXI Temporary, Transitional 369-392
THE UNION and Special Provisions
The Executive 52-78 XXII Short Title, Commencement, 393-395
Parliament 79-122 Authoritative Text in Hindi
V Legislative Powers of the 123 and Repeals
President Note: Part VII was deleted by the 7th Amendment
The Union Judiciary 124-147 Act (1956). Both Part IV-A and Part XIV-A were
CAG of India 148-151 added by the 42nd Amendment Act (1976), while
THE STATES Part IX-A was added by the 74th Amendment Act
General (Definition) 152 (1992), and Part IX-B was added by the 97th
The Executive 153-167 Amendment Act (2011).
The State Legislature 168-212
VI Sources of the Constitution at a Glance
Legislative Powers of the 213
Name of Borrowed Features of the Constitution
Governor
Countries
The High Courts in the 214-231
Britain 1. Parliamentary government
States
2. Rule of Law
Subordinate Courts 233-237
3. Legislative procedure
VIII The Union Territories 239-241
4. Single citizenship
IX The Panchayats 243 - 243-0 5. Cabinet system
IX-A The Municipalities 243-P-243 6. Prerogative writs
ZG 7. Parliamentary privileges
IX-B The Co-Operative Societies 243-ZH to 8. Bicameralism
243-ZT Ireland 1. Directive Principles of State Policy
X The Scheduled and Tribal 244 - 244-A 2. Method of Election of the president
Areas 3. Members nomination to the Rajya
XI Relation b/w union & states Sabha by the President
Legislative Relations 245-255 Unites 1. Impeachment of the president
Administrative Relations 256-263 States of 2. Functions of president and vice-
XII Finance, Property, America president
Contracts & Suits 3. Removal of Supreme Court and High
Finance 264-290 court judges
Borrowing 292-293 4. Fundamental Rights
Property, Contracts, Rights, 294-300 5. Judicial review
Liabilities, Obligations and 6. Independence of judiciary
Suits 7. Preamble of the constitution
Right to Property 300-A Canada 1. Centrifugal form of federalism where
XIII Trade, Commerce and 301-307 the centre is stronger than the states.
Intercourse within the 2. Residuary powers vest with the centre
territory of India 3. Centre appoints the Governors at the
XIV SERVICES UNDER states
UNION & STATES 4. Advisory jurisdiction of the supreme
Services 308-314 court
Public Service Commissions 315-323 Australia 1. Concept of Concurrent list
XIV- A Tribunals 323-A to 2. Joint sitting of the two houses
323-B 3. Freedom of trade and commerce
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
5
 USSR 1. Fundamental duties
(Now 2. The ideals of justice (social, economic
Russia) and political), expressed in the
Preamble.
France 1. Concept of “Republic”
2. Ideals of Liberty, Equality and
Fraternity (contained in the Preamble)
Germany 1. Fundamental Rights are suspended
during Emergency
South 1. Election of members of the Rajya
Africa Sabha
2. Amendment of the Constitution
Japan 1. Concept of “procedure established by
Law”
Schedules of Indian Constitution
First Schedule
Names of states and their territorial Jurisdiction.
Names of the U.T and their Extent.
Second Schedule
Lists the emoluments for holders of constitutional
offices such as salaries of President, Vice President,
Ministers, Judges and Comptroller and Auditor-
General of India etc.
Third Schedule
This schedule lists the various forms of oath for
holders of various constitutional offices.
Fourth Schedule
Fourth schedule enumerates the allocation of Rajya
Sabha seats to States or Union Territories.
Fifth Schedule
This schedule enumerates administration and control
of Scheduled Areas and Scheduled Tribes.
Sixth Schedule
This schedule comprises provisions for the
administration of tribal areas in Assam, Meghalaya,
Tripura, Mizoram.
Seventh Schedule
This schedule has divided the Union and State
subjects on which they can make laws. It comprises
Union List, State List and Concurrent List.
Eighth Schedule
This schedule lists the official languages of the Union.
Originally, it had 14 languages but presently
there are 22 languages. They are: Assamese, Bengali,
Bodo, Dogri (Dongri), Gujarati, Hindi, Kannada,
Kashmiri, Konkani, Mathili (Maithili), Malayalam,
Manipuri, Marathi, Nepali, Oriya, Punjabi, Sanskrit,
Santhali, Sindhi, Tamil, Telugu and Urdu. Sindhi was
added by the 21st Amendment Act of 1967; Konkani,
Manipuri and Nepali were added by the 71st
6
Amendment Act of 1992; and Bodo, Dongri, Maithili
and Santhali were added by the 92nd Amendment
Act of 2003.
Ninth Schedule
This schedule enumerates land and tenure reforms
and abolition of Zamindari System.
Tenth Schedule
This schedule comprises Anti-defection provisions
for Members of Parliament and Members of the State
Legislatures, was added by 52th Amendment act of
1985.
Eleventh Schedule
It was added by 73rd amendment act of 1992 and has
list of subjects under the Panchayat Raj institutions or
rural local government.
Twelfth Schedule
It was added by 74th amendment act of 1992 and
enlists the subjects under Municipalities or urban
local government.
4.PREAMBLE OF THE CONSTITUTION
The term ‘preamble’ refers to the introduction or
preface to the Constitution. It contains the summary
or essence of the Constitution.
It has been amended by the 42nd Constitutional
Amendment Act (1976), which added three new
words— socialist, secular and integrity.
Text of the Preamble: -
“We, THE PEOPLE OF INDIA, having solemnly
resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC
and to secure to all its citizens:
JUSTICE, Social, Economic and Political;
LIBERTY of thought, expression, belief, faith and
worship; EQUALITY of status and of opportunity;
and to promote among them all;
FRATERNITY assuring the dignity of the individual
and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-
sixth day of November 1949, do HEREBY ADOPT,
ENACT AND GIVE TO OURSELVES THIS
CONSTITUTION”.
Key Words in the Preamble: -
1. Sovereign: The word ‘sovereign’ implies that India
is neither a dependency nor a dominion of any other
nation, but an independent state. There is no
authority above it, and it is free to conduct its own
affairs (both internal and external).
2. Socialist
3. Secular: The term ‘secular’ was added by the 42nd
Constitutional Amendment Act of 1976.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
4. Democratic: The term ‘democracy’ is derived from
two Greek words, namely, Demos and Kratia
meaning ‘People’ and ‘rule’ respectively.
Democracy is of two types— direct and indirect. In
direct democracy, the people exercise their supreme
power directly as is the case in Switzerland.
Four devices of direct democracy,
i) Referendum - is a procedure whereby a proposed
legislation is referred to the electorate for settlement
by their direct votes.
ii) Initiative - is a method by means of which the
people can propose a bill to the legislature for
enactment.
iii) Recall- is a method by means of which the voters
can remove a representative or an officer before the
expiry of his term, when he fails to discharge his
duties properly.
iv) Plebiscite- is a method of obtaining the opinion of
people on any issue of public importance. It is
generally used to solve the territorial disputes.
5. Republic: A democratic polity can be classified
into two categories— monarchy and republic.
In a monarchy, the head of the state (usually king
or queen) enjoys a hereditary position, that is, he
comes into office through succession,
In a republic, on the other hand, the head of the
state is always elected directly or indirectly for a fixed
period. India has an elected head called the president.
He is elected indirectly for a fixed period of five
years.
6. Justice: The term ‘justice’ in the Preamble embraces
three distinct forms— social, economic and political.
“The ideal of justice— social, economic and
political— has been taken from the Russian
Revolution (1917)”
7. Liberty: The term ‘liberty’ means the absence of
restraints on the activities of individuals,
The Preamble secures to all citizens of India liberty of
thought, expression, belief, faith and worship,
through their Fundamental Rights.
8. Equality
9. Fraternity
“The ideals of liberty, equality and fraternity in our
Preamble have been taken from the French
Revolution (1789– 1799)”
5. THE UNION AND ITS TERRITORY
Articles 1 to 4 under Part-I of the Constitution deal
with the Union and its territory.
1. Name and territory of the Union.
The names of states and union territories and their
territorial extent are mentioned in the first schedule of
the Constitution.
2. Admission or establishment of new States.
7
2A. [Repealed.]
3. Formation of new States and alteration of areas,
boundaries or names of existing States.
4. Laws made under articles 2 and 3 to provide for
the amendment of the First and the Fourth
Schedules and supplemental, incidental and
consequential matters.
Evolution of States and Union Territories
Integration of Princely States
At the time of independence, India has two
political units, namely, the British provinces (under
the direct rule of British government) and the
princely states (under the rule of native princes but
subject to the paramountcy of the British Crown).
The Indian Independence Act (1947) created two
separate dominions of India and Pakistan and gave
three options to the princely states viz., joining India,
joining Pakistan or remaining independent. Of the
552 princely states, 549 joined India and the
remaining 3 (Hyderabad, Junagarh and Kashmir)
refused to join India.
However, in course of time, they were also
integrated with India—
➢ Hyderabad by means of police action.
➢ Junagarh by means of referendum.
➢ Kashmir by the Instrument of Accession.
Dhar Commission and JVP Committee
There has been a demand for reorganization of
states on linguistic basis. Accordingly, in June 1948,
the Government of India appointed the Linguistic
Provinces Commission under the chairmanship of S
K Dhar to examine the feasibility of this. The
commission submitted its report in December 1948
and recommended the reorganization of states based
on administrative convenience rather than linguistic
factor.
Another Linguistic Provinces Committee in
December 1948. It consisted of Jawaharlal Nehru,
Vallahbhai Patel and Pattabhi Sitaramayya and
hence, was popularly known as JVP Committee6. It
submitted report in April 1949 and formally rejected
language as the basis for reorganisation of states.
However, in October 1953, the Government of
India was forced to create the first linguistic state,
known as Andhra state, by separating the Telugu
speaking areas from the Madras state. This followed a
prolonged popular agitation and the death of Potti
Sriramulu, a Congress person of standing, after a 56-
day hunger strike for the cause.
Fazl Ali Commission
The creation of Andhra state intensified the
demand from other regions for creation of states on
linguistic basis. This forced the Government of India
to appoint a three-member States Reorganisation
Commission under the chairmanship of Fazl Ali. Its
other two members were K M Panikkar and H N
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
Kunzru. It submitted its report in September 1955
and broadly accepted language as the basis of
reorganisation of states. But, it rejected the theory of
‘one language– one state’.
By the States Reorganisation Act (1956) and the 7th
Constitutional Amendment Act (1956), 14 states and 6
union territories were created on November 1, 1956.
New States and Union Territories Created After
1956
In 1960, the bilingual state of Bombay was divided
into two Maharashtra for Marathi-speaking people
and Gujarat for Gujarati-speaking people.
Gujarat was established as the 15th state of the Indian
Union.
Dadra and Nagar Haveli, It was converted into a
union territory of India by the 10th Constitutional
Amendment Act, 1961.
Goa, Daman and Diu they were constituted as a
union territory by the 12th Constitutional
Amendment Act, 1962. Later, in 1987, Goa was
conferred a statehood.
Puducherry it was made a union territory by the
14th Constitutional Amendment Act.
In 1963, the State of Nagaland was formed as 16th
state of India.
In 1966, the State of Punjab was bifurcated to create
Haryana, the 17th state of the Indian Union, and the
union territory of Chandigarh.
In 1971, the union territory of Himachal Pradesh
was elevated to the status of a state (18th state of the
Indian Union).
In 1972, (Manipur 19th, Tripura 20th and
Meghalaya 21st).
The 36th Constitutional Amendment Act (1975)
was enacted to make Sikkim a full-fledged state of
the Indian Union (the 22nd state).
In 1987, three new States of Mizoram, Arunachal
Pradesh and Goa came into being as the 23rd, 24th
and 25th states of the Indian Union respectively.
In 2000, Chhattisgarh, Uttarakhand and Jharkhand
were created out of the territories of Madhya
Pradesh, Uttar Pradesh and Bihar respectively. These
became the 26th, 27th and 28th states of the Indian
Union respectively.
2nd June 2014 Telangana formed 29th state.
Note: In 1969, Madras was renamed ‘Tamil Nadu’.
6. CITIZENSHIP
India has two kinds of people— citizens and aliens.
Citizens are full members of the Indian State and owe
allegiance to it. They enjoy all civil and political
rights. Aliens, on the other hand, are the citizens of
some other state and hence, do not enjoy all the civil
and political rights.
8
The Constitution deals with the citizenship from
Articles 5 to 11 under Part II.
1. Citizenship at the commencement of the
Constitution.
2. Rights of citizenship of certain persons who have
migrated to India from Pakistan.
3. Rights of citizenship of certain migrants to
Pakistan.
4. Rights of citizenship of certain persons of Indian
origin residing outside India.
5. Persons voluntarily acquiring citizenship of a
foreign State not to be citizens.
6. Continuance of the rights of citizenship.
7. Parliament to regulate the right of citizenship by
law.
The Parliament has enacted the Citizenship Act, 1955.
By which a person can acquire a Citizenship.
The Citizenship Act, 1955 has been amended in 1986,
1992, 2003 and 2005.
Four Categories @ the commencement of
constitution
I) If he has his domicile in the territory of India, or he
or either of his parents were born in India or He has
been resident in the territory of India for not less than
5 years immediately before the commencement of the
Constitution. (Ar.5)
II) Two types of distinctions.
1. The people migrating to India before July 19, 1948
2. The people migrating to India after July 19, 1948
1) The person or his parents or any of grandparents
born in Undivided India and has been ordinarily
residing in India since the date of the migration.
2) He should have been registered as a citizen of
India and has been residing in India for at least 6
months immediately preceding the date of
application. (Ar.6)
III) A person who migrated to Pakistan from India
after March 1, 1947, but later returned to India for
resettlement could become a citizen of India. For this
he had to be the resident of India for 6 months
preceding the date of his application for registration.
(Ar.7)
IV) A person or Any of his parents or any of his
grandparents born in Undivided India but
ordinarily residing outside India shall become a
citizen of India if registered as a citizen of India by
the diplomatic representative of India in that country.
This is with respect to before or after the
commencement of the Constitution of India. (Ar.8)
If a person voluntarily acquired the citizenship of
another country, he shall forfeit the right of the
citizenship of India. (Ar.9)
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
The citizenship can be acquired by 5 ways.
1. By Birth: - Born in India after Jan 26, 1950 but
before July 1, 1987 is a citizen by Birth irrespective of
parent’s nationality.
After 1st July 1987 if either of parents should be a
citizen
2. By Descent: - A person born outside India on or
after 26th January 1950 but before 10th December
1992 is a citizen of India by descent, if his father was a
citizen of India.
A person born outside India on or after 10th
December 1992 is considered as a citizen of India if
either of his parents is a citizen of India
3. By Registration: -
4. By Naturalization
5. BY INCORPORATION OF TERRITORY
7. FUNDAMENTAL RIGHTS
Fundamental Rights are enshrined in Part III of the
Constitution from Articles 12 to 35.
Fundamental Rights is called as the Magna Carta of
India.
(‘Magna Carta’ is the Charter of Rights issued by
King John of England in 1215 under pressure from
the barons. This is the first written document relating
to the Fundamental Rights of citizens.)
The Fundamental Rights are guaranteed by the
Constitution to all persons without any
discrimination.
“The fundamental rights are justifiable in Nature”.
Originally, the Constitution provided for seven
Fundamental Rights viz,
1. Right to equality (Articles 14– 18)
2. Right to freedom (Articles 19– 22)
3. Right against exploitation (Articles 23– 24)
4. Right to freedom of religion (Articles 25– 28)
5. Cultural and educational rights (Articles 29– 30)
6. Right to property (Article 31)
7. Right to constitutional remedies (Article 32)
However, the right to property was deleted from
the list of Fundamental Rights by the 44th
Amendment Act, 1978. It is made a legal right under
Article 300-A in Part XII of the Constitution. At
present, there are only six Fundamental Rights.
Except Fundamental rights guaranteed under
Articles 20 and 21 remaining Fundamental rights can
be suspended during operation of National
Emergency. Article 19 can be suspended only when
emergency is declared on the grounds of war or
external aggression and not on the grounds of armed
rebellion.
Members of armed forces, para-military forces,
police forces, intelligence agencies and analogous
services can be restricted by the Parliament (Article
33).
9
Article 12: - The state.
The state includes the government, the parliament
of India, state legislature All local authorities, Other
statutory and non-statutory authorities.
The actions of the state (all the above) can be
challenged in the courts as the violation of
Fundamental Rights.
Article 13: - Declares that all laws that are
inconsistent with or in derogation of any of the
fundamental rights shall be void.
This power has been conferred on the Supreme
Court (Article 32) and the high courts (Article 226)
that can declare a law unconstitutional and invalid on
the ground of contravention of any of the
Fundamental Rights.
Right to Equality (14-18)
14. Equality before law.
15. Prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth.
16. Equality of opportunity in matters of public
employment.
17. Abolition of Untouchability.
18. Abolition of titles except military and academic.
Right to Freedom (19-22)
19. Protection of certain rights regarding freedom of
speech, etc.
20. Protection in respect of conviction for offences.
21. Protection of life and personal liberty.
21A. Right to education.
22. Protection against arrest and detention in certain
cases.
Right against Exploitation (23-24)
23. Prohibition of traffic in human beings and forced
labour.
24. Prohibition of employment of children in
factories, etc.
Right to Freedom of Religion (25-28)
25. Freedom of conscience and free profession,
practice and propagation of religion.
26. Freedom to manage religious affairs.
27. Freedom as to payment of taxes for promotion of
any particular religion.
28. Freedom as to attendance at religious instruction
or religious worship in certain educational
institutions.
Cultural and Educational Rights (29-30)
29. Protection of interests of minorities.
30. Right of minorities to establish and administer
educational institutions.
31. [Repealed.]
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
 Right to Constitutional Remedies- 32
32. Remedies for enforcement of rights conferred by
this Part.
32A. [Repealed.]
33. Power of Parliament to modify the rights
conferred by this Part in their application to
Forces, etc.
34. Restriction on rights conferred by this Part while
martial law is in force in any area.
35. Legislation to give effect to the provisions of this
Part.
Fundamental Rights available only to citizens and
not to foreigners: -
Article 15, Article 16, Article 19, Article 29, Article 30
Fundamental Rights available to both citizens and
foreigners (except enemy aliens)
Article 14, Article 20, Article 21, Article 21A, Article 22,
Article 23, Article 24, Article 25, Article 26, Article 27,
Article 28
Article 14 is a ‘basic feature’ of the constitution. Hence,
it cannot be destroyed even by an amendment.
Equality before law is not absolute and there are
constitutional and other exceptions to it.
These are mentioned below: -
The President and the Governor enjoy the following
immunities (Article 361)
The President or the Governor is not answerable to
any court for the exercise and performance of the
powers and duties of his office.
➢ No criminal and civil proceedings shall be
instituted or continued against the President or
the Governor in any court during his term of
office.
➢ No process for the arrest or imprisonment of the
President or the Governor shall be issued from
any court during his term of office.
➢ The foreign sovereigns (rulers), ambassadors
and diplomats enjoy immunity from criminal
and civil proceedings.
➢ The UNO and its agencies enjoy the diplomatic
immunity.
Equality of opportunity in matters of public
employment
Mandal Commission and Aftermath
In 1979, the Second Backward Classes Commission
under the chairmanship of B P Mandal. The
commission submitted its report in 1980 and
recommended for reservation of 27% government jobs
for the Other Backward Classes (OBCs). It was after
10
ten years in 1990 that the V P Singh Government
declared reser-vation of 27% government jobs for the
OBCs.
(The first Backward Classes Commission was
appointed in 1953 under the chairmanship of Kaka
Kalelkar)
Abolition of Titles
It prohibits the state from conferring any title
(except a military or academic distinction) on
anybody, whether a citizen or a foreigner.
From the above, it is clear that the hereditary titles
of nobility like Maharaja, Raj Bahadur, Rai Bahadur,
Rai Saheb, Dewan Bahadur, etc, are banned by
Article 18.
The Supreme Court on (National Awards— Bharat
Ratna, Padma Vibhushan, Padma Bhushan and
Padma Sri) ruled that these awards do not amount to
‘titles’, they are not violative of Article 18. However,
it also ruled that they should not be used as suffixes
or prefixes to the names of awardees. Otherwise, they
should forfeit the awards.
Right to Freedom
Article 19 guarantees:
1. Right to freedom of speech and expression.
2. Right to assemble peaceably and without arms.
3. Right to form associations or unions or co-
operative societies.
4. Right to move freely throughout the territory of
India.
5. Right to reside and settle in any part of the
territory of India.
6. Right to practice any profession or to carry on
any occupation, trade or business.
Protection in Respect of Conviction for Offences
Article 20 grants protection against arbitrary and
excessive punishment to an accused person, whether
citizen or foreigner or company or a corporation.
It contains three provisions in that direction:
(a) No ex-post-facto law: 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.
(b) No double jeopardy: No person shall be
prosecuted and punished for the same offence more
than once.
(c) No self-incrimination: No person accused of
any offence shall be compelled to be a witness against
himself.
Right to Education
Article 21 A declares that the State shall provide
free and compulsory education to all children of the
age of six to fourteen.
This provision was added by the 86th
Constitutional Amendment Act of 2002.
Even before this amendment, the Constitution
contained a provision for free and compulsory
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
education for children under Article 45 in Part IV.
However, being a directive principle, it was not
enforceable by the courts. Now, there is scope for
judicial intervention in this regard.
Protection Against Arrest and Detention
Detention is of two types, Punitive and Preventive.
Punitive detention is to punish a person for an
offence committed by him after trial and conviction
in a court.
Preventive detention on the other hand, means
detention of a person without trial and conviction by
a court. Its purpose is not to punish a person for a
past offence but to prevent him from committing an
offence in the near future. Thus, preventive detention
is only a precautionary measure and based on
suspicion.
Article 22
Confers the following rights on a person who is
arrested or detained:
1. Right to be informed of the grounds of arrest.
2. Right to consult and be defended by a legal
practitioner.
3. Right to be produced before a magistrate
within 24 hours, excluding the journey time.
4. Right to be released after 24 hours unless the
magistrate authorizes further detention.
Right to Constitutional Remedies
Article 32 confers the right to remedies for the
enforcement of the fundamental rights of an
aggrieved citizen.
The Supreme Court has ruled that Article 32 is a
basic feature of the Constitution. Hence, it cannot be
taken away even by way of an amendment to the
Constitution.
The Supreme Court shall have power to issue
directions or orders or writs for the enforcement of
any of the fundamental rights.
Writs— Types and Scope
The Supreme Court (under Article 32) and the high
courts (under Article 226) can issue the writs of
habeas corpus, mandamus, prohibition, certiorari
and quo-warranto.
The Supreme Court can issue writs only for the
enforcement of fundamental rights whereas a high
court can issue writs not only for the enforcement of
Fundamental Rights but also for any other purpose.
The expression ‘for any other purpose’ refers to the
enforcement of an ordinary legal right.
Habeas Corpus
It is a Latin term which literally means ‘to have the
body of’. It is an order issued by the court to a person
who has detained another person, to produce the
body of the latter before it.
11
The writ of habeas corpus can be issued against
both public authorities as well as private individuals.
The writ, on the other hand, is not issued where the
(a) detention is lawful, (b) the proceeding is for
contempt of a legislature or a court, (c) detention is
by a competent court, and (d) detention is outside the
jurisdiction of the court.
Mandamus
It literally means ‘we command’. It is a command
issued by the court to a public official asking him to
perform his official duties that he has failed or
refused to perform. It can also be issued against any
public body, a corporation, an inferior court, a
tribunal or government for the same purpose.
Mandamus cannot be issued (a) against a private
individual or body; (b) when the duty is discretionary
and not mandatory; (c) to enforce a contractual
obligation; (d) against the president of India or the
state governors; and (g) against the chief justice of a
high court acting in judicial capacity.
Prohibition
Literally, it means ‘to forbid’. It is issued by a
higher court to a lower court or tribunal to prevent
the latter from exceeding its jurisdiction or usurping
a jurisdiction that it does not possess. The writ of
prohibition can be issued only against judicial and
quasi-judicial authorities.
It is not available against administrative
authorities, legislative bodies, and private individuals
or bodies.
Certiorari
In the literal sense, it means ‘to be certified’ or ‘to
be informed’. It is issued by a higher court to a lower
court or tribunal either to transfer a case pending
with the latter to itself or to squash the order of the
latter in a case. It is issued on the grounds of excess of
jurisdiction or lack of jurisdiction or error of law.
Thus, unlike prohibition, which is only preventive,
certiorari is both preventive as well as curative.
Quo-Warranto
In the literal sense, it means ‘by what authority or
warrant’. It is issued by the court to enquire into the
legality of claim of a person to a public office. Hence,
it prevents illegal usurpation of public office by a
person.
Armed Forces and Fundamental Rights
Article 33 empowers the Parliament to restrict or
abrogate the fundamental rights of the members of
armed forces, para-military forces, police forces,
intelligence agencies and analogous forces. The
objective of this provision is to ensure the proper
discharge of their duties and the maintenance of
discipline among them.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
 The power to make laws under Article 33 is
conferred only on Parliament and not on state
legislatures. Any such law made by Parliament
cannot be challenged in any court on the ground of
contravention of any of the fundamental rights.
8. DIRECTIVE PRICIPAL OF STATE POLICY
The Directive Principles of State Policy are
enumerated in Part IV of the Constitution from
Articles 36 to 51.
These are the constitutional instructions or
recommendations to the State in legislative, executive
and administrative matters.
The Directive Principles are non-justiciable in
nature, that is, they are not legally enforceable by the
courts for their violation. Therefore, the government
(Central, state and local) cannot be compelled to
implement them.
The 42nd Amendment Act of 1976 added four
new Directive Principles to the original list.
9. FUNDAMENTAL DUTIES
These duties are laid down in the Article 51A.
These were added on the recommendation of
Swaran Singh Committee.
This committee recommended for the inclusion of 8
fundamental duties, the amendment included 10
fundamental duties.
The Fundamental Duties are borrowed from
erstwhile USSR.
The 10 Fundamental Duties were added to the
Constitution in the year 1976 through 42nd
amendment.
The 11th Fundamental Duty was added in the year
2002 through the 86th amendment.
Unlike some of the Fundamental Rights which
extend to all persons whether citizens or foreigners,
the Fundamental Duties are confined to citizens only
and do not extend to foreigners.
Like the Directive Principles, the fundamental
duties are also non-justiciable. The Constitution does
not provide for their direct enforcement by the courts.
Moreover, there is not legal sanction against their
violation.
10. AMENDMENT OF THE CONSTITUTION
The Constitution of India also provides for its
amendment in order to adjust itself to the changing
conditions and needs.
The Indian Constitution is neither flexible nor rigid
but a synthesis of both.
Article 368 in Part XX of the Constitution deals
with the powers of Parliament to amend the
Constitution and its procedure.
However, the Parliament cannot amend those
provisions which form the ‘basic structure’ of the
12
Constitution this was ruled by the Supreme Court in
the Kesavananda Bharati case (1973).
Procedure for Amendment
1. An amendment of the Constitution can be
initiated only by the introduction of a bill for the
purpose in either House of Parliament and not in the
state legislatures.
2. The bill can be introduced either by a minister or
by a private member.
3. The bill must be passed in each House by a
special majority, that is, a majority (that is, more than
50 per cent) of the total membership of the House and
a majority of two-thirds of the members of the House
present and voting.
4. Each House must pass the bill separately. In case
of a disagreement between the two Houses, there is
no provision for holding a joint sitting of the two
Houses.
5. If the bill seeks to amend the federal provisions
of the Constitution, it must also be ratified by the
legislatures of half of the states by a simple majority,
that is, a majority of the members of the House
present and voting.
6. After duly passed by both the Houses of
Parliament and ratified by the state legislatures,
where necessary, the bill is presented to the president
for assent.
7. The president must give his assent to the bill. He
can neither withhold his assent to the bill nor return
the bill for reconsideration of the Parliament.
8. After the president’s assent, the bill becomes an
Act.
Types of Amendments
1) Amendment by simple majority of the Parliament,
2) Amendment by special majority of the Parliament,
3) Amendment by special majority of the Parliament
and the ratification of half of the state legislatures.
By Simple Majority of Parliament
1. Admission or establishment of new states.
2. Formation of new states and alteration of areas,
boundaries or names of existing states.
3. Abolition or creation of legislative councils in
states. 4. Second Schedule— emoluments, allowances,
privileges and so on of the president, the governors,
the Speakers, judges, etc. 5. Quorum in Parliament.
6. Salaries and allowances of the members of
Parliament. 7. Rules of procedure in Parliament.
8. Privileges of the Parliament, its members and its
committees. 9. Use of English language in Parliament.
10. Number of puisne judges in the Supreme Court.
11. Conferment of more jurisdiction on the Supreme
Court. 12. Use of official language. 13. Citizenship—
acquisition and termination. 14. Elections to
Parliament and state legislatures. 15. Delimitation of
constituencies. 16. Union territories. 17. Fifth
Schedule— administration of scheduled areas and
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
scheduled tribes. 18. Sixth Schedule— administration
of tribal areas.
By Special Majority of Parliament
(i) Fundamental Rights; (ii) Directive Principles of
State Policy; and (iii) All other provisions which are
not covered by the first and third categories. By
Special Majority
By Special Majority of Parliament and Consent of
States
1. Election of the President and its manner. 2. Extent
of the executive power of the Union and the states.
3. Supreme Court and high courts. 4. Distribution of
legislative powers between the Union and the states.
5. Any of the lists in the Seventh Schedule.
6. Representation of states in Parliament. 7. Power of
Parliament to amend the Constitution and its
procedure (Article 368 itself).
11. SYSTEM OF GOVERNMENT
I) Parliamentary system
The Constitution of India provides for a
parliamentary form of government, both at the
Centre and the states. Articles 74 and 75 deal with the
parliamentary system at the Centre and Articles 163
and 164 in the states.
Features of Parliamentary Government
1. Nominal and Real Executives the President is the
nominal executive (de jure executive) while the Prime
Minister is the real executive (de facto executive).
2. Majority Party Rule
3. Collective Responsibility The ministers are
collectively responsible to the Parliament. The
principle of collective responsibility implies that the
Lok Sabha can remove the ministry (i.e., council of
ministers headed by the prime minister) from office
by passing a vote of no confidence.
4. Political Homogeneity Usually members of the
council of ministers belong to the same political
party, and hence they share the same political
ideology.
5. Double Membership The ministers are members
of both the legislature and the executive.
6. Leadership of the Prime Minister He is the leader
of council of ministers, leader of the Parliament and
leader of the party in power.
7. Dissolution of the Lower House The lower house
of the Parliament (Lok Sabha) can be dissolved by the
President on recommendation of the Prime Minister.
Merits of the Parliamentary System
1. Harmony Between Legislature and Executive The
greatest advantage of the parliamentary system is
harmonious relationship between the legislative and
executive. The executive is a part of the legislature
and both are interdependent at work. As a result,
13
there is less scope for disputes and conflicts between
the two organs.
2. Responsible Government The Parliament
exercises control over the ministers through various
devices like question hour, discussions, adjournment
motion, no confidence motion, etc.
3. Prevents Despotism The executive authority is
vested in a group of individuals (council of ministers)
and not in a single person.
4. Ready Alternative Government In case the ruling
party loses its majority, the Head of the State can
invite the opposition party to form the government.
This means an alternative government can be formed
without fresh elections.
5. Wide Representation Possible to provide
representation to all sections and regions in the
government.
Demerits of the Parliamentary System
1. Unstable Government There is no guarantee that a
government can survive its tenure. The ministers
depend on the mercy of the majority.
2. No Continuity of Policies A change in the ruling
party is usually followed by changes in the policies of
the government.
3. Dictatorship of the Cabinet When the ruling party
enjoys absolute majority in the Parliament, the
cabinet becomes autocratic and exercises nearly
unlimited powers.
4. Government by Amateurs Ministers are not
experts in their fields.
II) Federal System
A unitary government is one in which all the
powers are vested in the national government.
A federal government, on the other hand, is one in
which powers are divided between the national and
the regional governments by the Constitution itself
and both operate in their respective jurisdictions
independently.
Federal Features of the Constitution
1. Dual Polity the Constitution establishes a dual
polity consisting the Union at the Centre and the
states at the periphery.
2. Written Constitution
3. Division of Powers Union List, State List and
Concurrent List
4. Supremacy of the Constitution
5. Rigid Constitution
6. Independent Judiciary
7. Bicameralism
12. CENTRE-STATE RELATIONS
The Constitution of India, being federal in structure,
divides all powers (legislative, executive and
financial) between the Centre and the states.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
Legislative Relations
Articles 245 to 255 in Part XI of the Constitution
deal with the legislative relations between the Centre
and the states.
Three-fold distribution
List-I (the Union List), List-II (the State List) and List-
III (the Concurrent List) in the Seventh Schedule:
The 42nd Amendment Act of 1976 transferred five
subjects to Concurrent List from State List, that is, (a)
education, (b) forests, (c) weights and measures, (d)
protection of wild animals and birds, and (e)
administration of justice.
The power to make laws with respect to residuary
subjects (i.e., the matters which are not enumerated
in any of the three lists) is vested in the Parliament.
Parliamentary Legislation in the State Field
The Constitution empowers the Parliament to
make laws on any matter enumerated in the State List
under the following five extraordinary circumstances:
i) When Rajya Sabha Passes a Resolution If the
Rajya Sabha declares in the national interest that
Parliament should make laws in the State List, then
Parliament can make laws on that matter. Such a
resolution must be supported by two-thirds of the
members present and voting. The resolution remains
in force for one year; it can be renewed any number
of times but not exceeding one year at a time. The
laws cease to have effect on the expiration of six
months after the resolution has ceased to be in force.
ii) During a National Emergency the Parliament
acquires the power to legislate with respect to matters
in the State List, while a proclamation of national
emergency is in operation. The laws become
inoperative on the expiration of six months after the
emergency has ceased to operate. (the power of a
state legislature to make laws on the same matter is
not restricted).
iii) When States Make a Request When the
legislatures of two or more states pass resolutions
requesting the Parliament to enact laws on a matter in
the State List, then the Parliament can make laws for
regulating that matter. A law so enacted applies only
to those states which have passed the resolutions.
iv) To Implement International Agreements the
Parliament can make laws on any matter in the State
List for implementing the international treaties,
agreements or conventions.
v) During President’s Rule When the President’s
rule is imposed in a state, the Parliament becomes
empowered to make laws with any matter in the
State List. A law made by the Parliament continues to
14
be operative even after the president’s rule. Such a
law can be repealed or altered or re-enacted by the
state legislature.
All-India Services
In 1947, Indian Civil Service (ICS) was replaced by
IAS and the Indian Police (IP) was replaced by IPS
and were recognised by the Constitution as All-India
Services.
In 1966, the Indian Forest Service (IFS) was created
as the third All-India Service. Article 312 of the
Constitution authorizes the Parliament to create new
All-India Services on the basis of a Rajya Sabha
resolution to that effect.
Centre– state relations Commission
1) Administrative Reforms Commission (ARC) in
1966 to examine thoroughly the various issues in
Centre– state relations. It made 22 recommendations
for improving the Centre– state relations. No action
was taken by the Central government on the
recommendations of the ARC.
2) Rajamannar Committee In 1969, the Tamil Nadu
Government (DMK) appointed a a three-member
committee under the chairmanship of Dr P V
Rajamannar to examine the Centre– state relations
and to suggest amendments to the Constitution so as
to secure utmost autonomy to the states. The
committee submitted its report to the Tamil Nadu
Government in 1971. The Central government
completely ignored the recommendations of the
Rajamannar Committee.
3) Sarkaria Commission In 1983, the Central
government appointed a three-member Commission
on Centre– state relations under the chairmanship of
R S Sarkaria, a retired judge of the Supreme Court.
The Commission made 247 recommendations to
improve Centre– state relations. Till December 2011,
the Central government has implemented 180 (out of
247) recommendations of the Sarkaria Commission.
The most important is the establishment of the Inter-
State Council in 1990.
4) Punchhi Commission the Second commission on
Centre-State Relations was set-up by the Government
of India in April 2007 under the Chairmanship of
Madan Mohan Punchhi, former Chief Justice of India.
13. INTER-STATE RELATIONS
The functioning of the Indian federal system
depends not only on the relations between the Centre
and the states but also between the inter states.
Hence, the Constitution makes the following
provisions with regard to inter-state
➢ Adjudication of inter-state water disputes.
➢ Coordination through inter-state councils.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
➢ Mutual recognition of public acts, records and
judicial proceedings.
➢ Freedom of inter-state trade, commerce and
intercourse. In addition, the zonal councils have
been established by the Parliament to promote
inter-state cooperation and coordination.
Inter-state Water Disputes: Article 262 of the
Constitution provides for the adjudication of inter-
state water disputes.
It makes two provisions:
(i) Parliament may by law provide for the
adjudication of any dispute or complaint with respect
to the use, distribution and control of waters of any
inter-state river and river valley.
(ii) Parliament may also provide that neither the
Supreme Court nor any other court is to exercise
jurisdiction in respect of any such dispute or
complaint.
Under this provision, the Parliament has enacted two
laws [the River Boards Act (1956) and the Inter-State
Water Disputes Act (1956)].
The River Boards Act provides for the
establishment of river boards for the regulation and
development of inter-state river and river valleys. A
river board is established by the Central government
on the request of the state governments concerned to
advise them.
The Inter-State Water Disputes Act empowers the
Central government to set up an ad hoc tribunal for
the adjudication of a dispute between two or more
states in relation to the waters of an inter-state river
or river valley. The decision of the tribunal would be
final and binding on the parties to the dispute.
Neither the Supreme Court nor any other court is to
have jurisdiction in respect of any water dispute
which may be referred to such a tribunal under this
Act.
1. Krishna Water Disputes Tribunal 1969
Maharashtra, Karnataka and Andhra Pradesh
2. Godavari Water Disputes Tribunal 1969
Maharashtra, Karnataka, Andhra Pradesh,
Madhya Pradesh and Orissa
3. Narmada Water Disputes Tribunal 1969
Rajasthan, Gujarat, Madhya Pradesh and
Maharashtra
4. Ravi and Beas Water Disputes Tribunal 1986
Punjab and Haryana
5. Cauvery Water Disputes Tribunal 1990
Karnataka, Kerala, Tamil Nadu and Puducherry
6. Second Krishna Water Disputes Tribunal 2004
Maharashtra, Karnataka and Andhra Pradesh
7. Vansadhara Water Disputes Tribunal 2010
Odisha and Andhra Pradesh
8. Mahadayi Water Disputes Tribunal 2010 Goa,
Karnataka and Maharashtra
Inter-State Councils: Article 263 contemplates the
establishment of an Inter-State Council to effect
15
coordination between the states and between Centre
and states. Thus, the President can establish such a
council if at any time it appears to him that the public
interest would be served by its establishment.
14. EMERGENCY PROVISIONS
The Emergency provisions are contained in Part
XVIII of the Constitution, from Articles 352 to 360.
During an Emergency, the Central government
becomes all powerful and the states go into the total
control of the Centre. It converts the federal structure
into a unitary one without a formal amendment of
the Constitution.
The Constitution stipulates three types of
emergencies:
1) An emergency due to war, external aggression or
armed rebellion (Article 352). This is popularly
known as ‘National Emergency’.
The phrase ‘armed rebellion’ was inserted by the
44th Amendment Act of 1978, replacing the original
phrase ‘internal disturbance’. Thus, it is no longer
possible to declare a National Emergency on the
ground of ‘internal disturbance’.
2) An Emergency due to the failure of the
constitutional machinery in the states (Article 356).
This is popularly known as ‘President’s Rule’. It is
also known by two other names— ‘State Emergency’
or ‘constitutional Emergency’.
3) Financial Emergency due to a threat to the
financial stability or credit of India (Article 360).
National Emergency
1) Grounds of Declaration
Article 352, the President can declare a national
emergency when the security of India or a part of it is
threatened by war or external aggression or armed
rebellion. It may be noted that the president can
declare a national emergency even before the actual
occurrence of war or external aggression or armed
rebellion.
When a national emergency is declared on the
ground of ‘war’ or ‘external aggression’, it is known
as ‘External Emergency’. On the other hand, when it
is declared on the ground of ‘armed rebellion’, it is
known as ‘Internal Emergency’.
The President can proclaim a national emergency
only after receiving a written recommendation from
the cabinet, and not merely on the advice of the
prime minister. In 1975, the then Prime Minister,
Indira Gandhi advised the president to proclaim
emergency without consulting her cabinet. The 44th
Amendment Act of 1978 introduced this safeguard.
The 38th Amendment Act of 1975 made the
declaration of a National Emergency immune from
the judicial review. But this provision was
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
subsequently deleted by the 44th Amendment Act of
1978.
2) Parliamentry Approval and Duration
The proclamation of Emergency must be approved
by both the Houses of Parliament within one month
from the date of its issue. Originally, the period
allowed for approval by the Parliament was two
months but was reduced by the 44th Amendment Act
of 1978.
If approved by both the Houses of Parliament, the
emergency continues for six months, and can be
extended to an indefinite period with an approval of
the Parliament for every six months. This provision
for periodical parliamentary approval was also added
by the 44th Amendment Act of 1978.
Every resolution approving the proclamation of
emergency or its continuance must be passed by
either House of Parliament by a special majority. This
special majority provision was introduced by the 44th
Amendment Act of 1978. Previously, such resolution
could be passed by a simple majority of the
Parliament.
3) Revocation of Proclamation
A proclamation of emergency may be revoked by
the President at any time by a subsequent
proclamation. Such a proclamation does not require
the parliamentary approval.
The President must revoke a proclamation if the
Lok Sabha passes a resolution disapproving its
continuation. This safeguard was introduced by the
44th Amendment Act of 1978. Before a proclamation
could be revoked by the president on his own and the
Lok Sabha had no control.
A resolution of disapproval is required to be
passed by the Lok Sabha only by a simple majority.
Effects of National Emergency
1) Effect on the Centre– state Relations
(a) Executive the state governments are brought
under the complete control of the Centre, though
they are not suspended.
(b) Legislative During a national emergency, the
Parliament becomes empowered to make laws on any
subject mentioned in the State List, it becomes the
overriding power of the Parliament. The laws made
by Parliament on the state subjects during a National
Emergency become inoperative six months after the
emergency has ceased to operate.
(c) Financial While a proclamation of national
emergency is in operation, the President can modify
the distribution of revenues between the centre and
the states. This means that the president can either
reduce or cancel the transfer of finances from Centre
to the states.
16
2) Effect on the Life of the Lok Sabha and State
Assembly
When a National Emergency is in operation, the
life of the Lok Sabha may be extended beyond its
normal term (five years) by a law of Parliament for
one year at a time (for any length of time). However,
this extension cannot continue beyond a period of six
months after the emergency has ceased to operate.
Similarly, the Parliament may extend the normal
tenure of a state legislative assembly (five years) by
one year each time (for any length of time) during a
national emergency, subject to a maximum period of
six months after the Emergency has ceased to
operate.
3) Effect on the Fundamental Rights
Article 358 deals with the suspension of the
Fundamental Rights guaranteed by Article 19, while
Article 359 deals with the suspension of other
Fundamental Rights (except those guaranteed by
Articles 20 and 21).
Article 19 can be suspended only when the
National Emergency is declared on the ground of war
or external aggression and not on the ground of
armed rebellion.
Article 358 automatically suspends the
fundamental rights under Article 19 as soon as the
emergency is declared. On the other hand, Article 359
does not automatically suspend any Fundamental
Right. It only empowers the president to suspend the
enforcement of the specified Fundamental Rights.
Declarations Made So Far Emergency has been
proclaimed three times so far— in 1962, 1971 and
1975.
The first two proclamations (1962 and 1971) were
made on the ground of ‘external aggression’, while
the third proclamation (1975) was made on the
ground of ‘internal disturbance’.
President’s Rule
1) Grounds of Imposition
The President’s Rule can be proclaimed under
Article 356 and another in Article 365.
Article 356 empowers the President to issue a
proclamation, if the government of a state cannot be
carried on in accordance with the provisions of the
Constitution. The president can act either on a report
of the governor of the state or even without the
governor’s report.
Article 365 says that whenever a state fails to
comply with or to give effect to any direction from
the Centre.
2) Parliamentary Approval and Duration
A proclamation imposing President’s Rule must be
approved by both the Houses of Parliament by a
simple majority within two months from the date of
its issue. However, if the proclamation of President’s
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
Rule is issued at a time when the Lok Sabha has been
dissolved or the dissolution of the Lok Sabha takes
place during the period of two months without
approving the proclamation, then the proclamation
survives until 30 days from the first sitting of the Lok
Sabha after its reconstitution, provided the Rajya
Sabha approves it in the meantime.
If approved by both the Houses of Parliament, the
President’s Rule continues for six months. It can be
extended for a maximum period of three years.
with the approval of the Parliament, every six
months.
A proclamation of President’s Rule may be
revoked by the President at any time by a subsequent
proclamation. Such a proclamation does not require
the parliamentary approval.
When the President’s Rule is imposed in a state,
the President dismisses the state council of ministers
headed by the chief minister. The state governor, on
behalf of the President, carries on the state
administration with the help of the chief secretary of
the state or the advisors appointed by the President.
The Parliament passes the state legislative bills and
the state budget. The President can promulgate,
when the Parliament is not in session, ordinances for
the governance of the state.
It has no effect on Fundamental Rights of the citizens.
A law made by the Parliament or president or any
other specified authority continues to be operative
even after the President’s Rule. It can be repealed or
altered or re-enacted by the state legislature.
Imposition of President’s Rule in Tamil Nadu 4 times
1976, 1980, 1988, 1991.
Financial Emergency
1) Grounds of Declaration
Article 360 empowers the president to proclaim a
Financial Emergency if he is satisfied that a situation
has arisen due to which the financial stability or
credit of India or any part of its territory is
threatened.
2) Parliamentary Approval and Duration
Must be approved by both the Houses of
Parliament by a simple majority within two months
from the date of its issue.
Once approved by both the Houses of Parliament,
the Financial Emergency continues indefinitely till it
is revoked. This implies two things:
1. There is no maximum period prescribed for its
operation.
2. Repeated parliamentary approval is not required
for its continuation.
A proclamation of Financial Emergency may be
revoked by the president at any time by a subsequent
proclamation. Such a proclamation does not require
the parliamentry approval.
17
3) Effects of Financial Emergency
The President may issue directions for the
reduction of salaries and allowances of all or any
class of persons serving the Union, State and the
judges of the Supreme Court and the high court.
During the operation of a financial emergency, the
Centre acquires full control over the states in financial
matters.
No Financial Emergency has been declared so far,
though there was a financial crisis in 1991.
CENTRAL GOVERNMENT
15. PRESIDENT
Articles 52 to 78 in Part V of the Constitution deal
with the Union executive. The Union executive
consists of the President, the Vice-President, the
Prime Minister, the council of ministers and the
attorney general of India.
Election of the President: The President is elected not
directly by the people but by members of electoral
college consisting of:
The elected members of both the Houses of
Parliament, legislative assemblies of the states,
legislative assemblies of the Union Territories of
Delhi and Puducherry.
Thus, the nominated members of both the Houses
of Parliament, state legislative assemblies, Legislative
Assemblies of Delhi and Puducherry, members (both
elected and nominated) of the state legislative
councils do not participate in the election of the
President.
The President’s election is held in accordance with
the system of proportional representation by means
of the single transferable vote and the voting is by
secret ballot.
Qualifications for Election as President
➢ He should be a citizen of India.
➢ He should have completed 35 years of age.
➢ He should be qualified for election as a member
of the Lok Sabha.
➢ He should not hold any office of profit under the
Union government or any state government or
any local authority or any other public authority.
Conditions of President’s Office
➢ He should not be a member of either House of
Parliament or a House of the state legislature. If
any such person is elected as President, he is
deemed to have vacated his seat in that House on
the date on which he enters upon his office as
President.
➢ He is entitled, without payment of rent, to the use
of his official residence (the Rastrapathi Bhavan).
➢ He is entitled to such emoluments, allowances
and privileges as may be determined by
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
 Parliament and His emoluments and allowances
cannot be diminished during his term of office.
Privileges and Immunities
During his term of office, he is immune from any
criminal proceedings, even in respect of his personal
acts. He cannot be arrested or imprisoned. However,
after giving two months’ notice, civil proceedings can
be instituted against him during his term of office in
respect of his personal acts.
Term of President’s office
He holds office for a term of five years from the
date on which he enters upon his office. However, he
can resign from his office at any time by addressing
the resignation letter to the Vice-President. He can
also be removed from the office before completion of
his term by the process of impeachment. The
President can hold office beyond his term of five
years until his successor assumes charge. He is also
eligible for re-election to that office. He may be
elected for any number of terms.
Impeachment of President
The President can be removed from office by a
process of impeachment for ‘violation of the
Constitution’.
The impeachment charges can be initiated by
either House of Parliament. These charges should be
signed by one-fourth members of the House (that
framed the charges), and a 14 days’ notice should be
given to the President. After the impeachment
resolution is passed by a majority of two-thirds of the
total membership of that House, it is sent to the other
House, if the other House also sustains the charges
and passes the impeachment resolution by a majority
of two-thirds of the total membership, then the
President stands removed from his office from the
date on which the bill is so passed.
(a) the nominated members of either House of
Parliament can participate in the impeachment of the
President though they do not participate in his
election;
(b) the elected members of the legislative
assemblies of states and the Union Territories of
Delhi and Puducherry do not participate in the
impeachment of the President though they
participate in his election.
No President has so far been impeached.
Vacancy in the President’s Office
1. On the expiry of his tenure of five years.
2. By his resignation.
3. On his removal by the process of impeachment.
4. By his death.
5. When he becomes disqualified to hold office or
when his election is declared void.
If the office falls vacant by resignation, removal,
death or otherwise, then election to fill the vacancy
18
should be held within six months from the date of the
occurrence of such vacancy. The newly-elected
President remains in office for a full term of five
years. And the Vice-President acts as the President
until a new President is elected. Further, when the
sitting President is unable to discharge his functions
due to absence, illness or any other cause, the Vice-
President discharges his functions until the President
resumes his office. In case the office of Vice-President
is vacant, the Chief Justice of India (or if his office is
also vacant, the seniormost judge of the Supreme
Court available) acts as the President or discharges
the functions of the President. When any person, ie,
Vice-President, chief justice of India, or the
seniormost judge of the Supreme Court is acting as
the President or discharging the functions of the
President, he enjoys all the powers and immunities of
the President and is entitled to such emoluments,
allowances and privileges as are determined by the
Parliament.
Powers and Functions of the President
i) Executive Powers
All executive actions of the Government of India
are formally taken in his name.
He appoints the prime minister and the other
ministers. They hold office during his pleasure.
He appoints the attorney general of India, the
comptroller and auditor general of India, the chief
election commissioner and other election
commissioners, the chairman and members of the
Union Public Service Commission, the governors of
states, the chairman and members of finance
commission, and so on.
He can appoint a commission to investigate into
the conditions of SCs, STs and other backward
classes.
He can appoint an inter-state council to promote
Centre– state and inter-state cooperation.
He directly administers the union territories
through administrators appointed by him.
He can declare any area as scheduled area and has
powers with respect to the administration of
scheduled areas and tribal areas.
ii) Legislative Powers
He can summon or prorogue the Parliament and
dissolve the Lok Sabha. He can summon a joint
sitting of both the Houses of Parliament, which is
presided over by the Speaker of the Lok Sabha.
He can address the Parliament at the
commencement of the first session after each general
election and the first session of each year.
He can appoint any member of the Lok Sabha to
preside over its proceedings when the offices of both
the Speaker and the Deputy Speaker fall vacant.
Similarly, he can also appoint any member of the
Rajya Sabha to preside over its proceedings when the
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
offices of both the Chairman and the Deputy
Chairman fall vacant.
He nominates 12 members of the Rajya Sabha from
amongst persons having special knowledge or
practical experience in literature, science, art and
social service.
He can nominate two members to the Lok Sabha
from the Anglo-Indian Community.
iii) Financial Powers
Money bills can be introduced in the Parliament
only with his prior recommendation.
No demand for a grant can be made except on his
recommendation.
He can make advances out of the contingency fund
of India to meet any unforeseen expenditure.
He constitutes a finance commission after every
five years to recommend the distribution of revenues
between the Centre and the states.
iv) Judicial Powers
He appoints the Chief Justice and the judges of
Supreme Court and high courts.
He can seek advice from the Supreme Court on any
question of law or fact.
He can grant pardon, reprieve, respite and
remission of punishment, or suspend, remit or
commute the sentence of any person convicted of any
offence.
v) Diplomatic Powers
The international treaties and agreements are
negotiated and concluded on behalf of the President.
However, they are subject to the approval of the
Parliament.
He represents India in international forums and
affairs and sends and receives diplomats like
ambassadors, high commissioners, and so on.
vi) Military Powers
He is the supreme commander of the defence
forces of India. In that capacity, he appoints the chiefs
of the Army, the Navy and the Air Force. He can
declare war or conclude peace, subject to the
approval of the Parliament.
vii) Emergency Powers
Veto Power of the President
A bill passed by the Parliament become an act after
it receives the assent of the President. When such a
bill is presented to the President, he has three
alternatives (under Article 111 of the Constitution):
1. He may give his assent to the bill,
2. He may withhold his assent to the bill,
3. He may return the bill (if it is not a Money bill)
for reconsideration of the Parliament. However, if the
bill is passed again by the Parliament with or without
amendments the President must give his assent to it.
19
Absolute veto, withholding of assent to the bill
passed by the legislature.
Pocket veto, that is, taking no action on the bill
passed by the legislature.
Suspensive veto, which can be over ridden by the
legislature with an ordinary majority.
Presidential Veto over State Legislation
When a bill, passed by a state legislature, is
presented to the governor for his assent, he has four
alternatives (under Article 200 of the Constitution):
1. He may give his assent to the bill,
2. He may withhold his assent to the bill,
3. He may return the bill (if it is not a money bill)
for reconsideration of the state legislature,
4. He may reserve the bill for the consideration of
the President.
When a bill is reserved by the governor for the
consideration of the President, the President has three
alternatives (Under Article 201 of the Constitution):
1. He may give his assent to the bill,
2. He may withhold his assent to the bill,
3. He may direct the governor to return the bill (if it
is not a money bill) for the reconsideration of the state
legislature. If the bill is passed again by the state
legislature with or without amendments and
presented again to the President for his assent, the
President is not bound to give his assent to the bill.
This means that the state legislature cannot override
the veto power of the President.
Ordinance-making Power of the President
Article 123 of the Constitution empowers the
President to promulgate ordinances during the recess
of Parliament.
He can promulgate an ordinance only when both
the Houses of Parliament are not in session or when
either of the two Houses of Parliament is not in
session.
An ordinance made when both the Houses are in
session is void.
An ordinance can be issued only on those subjects
on which the Parliament can make laws. An
ordinance is subject to the same constitutional
limitation as an act of Parliament. Hence, an
ordinance cannot take away any of the fundamental
rights.
Ordinance issued by the President must be laid
before both the Houses of Parliament when it
reassembles. If the ordinance is approved by both the
Houses, it becomes an act. If Parliament takes no
action, the ordinance ceases to operate after six
weeks from the reassembly of Parliament.
The ordinance ceases to operate even earlier than
six weeks, if both the Houses of Parliament pass
resolutions disapproving it.
The maximum life of an ordinance can be six
months and six weeks. (six months being the
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
maximum gap between the two sessions of
Parliament).
The President can also withdraw an ordinance at
any time. However, his power of ordinance-making
is not a discretionary power, he can promulgate or
withdraw an ordinance only on the advice of the
council of ministers headed by the prime minister.
Pardoning Power of the President
Article 72 of the Constitution empowers the
President to grant pardons to persons who have been
tried and convicted of any offence in all cases where
the:
1. Punishment or sentence is for an offence against
a Union Law;
2. Punishment or sentence is by a court martial
(military court);
3. Sentence of death.
Pardon It removes both the sentence and the
conviction and completely absolves the convict from
all sentences, punishments and disqualifications.
Commutation It denotes the substitution of one form
of punishment for a lighter form. For example, a
death sentence may be commuted to rigorous
imprisonment.
Remission It implies reducing the period of sentence
without changing its character. For example, a
sentence of rigorous imprisonment for two years may
be remitted to rigorous imprisonment for one year.
Respite It denotes awarding a lesser sentence in place
of one originally awarded due to some special fact,
such as the physical disability of a convict or the
pregnancy of a woman offender.
Reprieve It implies a stay of the execution of a
sentence (especially that of death) for a temporary
period.
Under Article 161 of the Constitution, the governor of
a state also possesses the pardoning power. But, the
pardoning power of the governor differs from that of
the President in following two respects:
1. The President can pardon sentences inflicted by
court martial (military courts) while the governor
cannot.
2. The President can pardon death sentence while
governor cannot. Even if a state law prescribes death
sentence, the power to grant pardon lies with the
President and not the governor.
16. VICE – PRESIDENT
The Vice-President occupies the second highest office
in the country.
20
Election
The Vice-President is elected not directly by the
people but by the method of indirect election. He is
elected by the members of an electoral college
consisting of:
1. It consists of both elected and nominated
members of the Parliament (in the case of president,
only elected members).
2. It does not include the members of the state
legislative assemblies (in the case of President, the
elected members of the state legislative assemblies
are included).
Qualifications
1. He should be a citizen of India.
2. He should have completed 35 years of age.
3. He should be qualified for election as a member
of the Rajya Sabha.
4. He should not hold any office of profit under the
Union government or any state government or any
local authority or any other public authority.
Conditions of Office
1. He should not be a member of either House of
Parliament or a House of the state legislature. If any
such person is elected Vice-President, he is deemed to
have vacated his seat in that House on the date on
which he enters upon his office as Vice-President.
2. He should not hold any other office of profit.
Term of Office
The Vice-President holds office for a term of five
years from the date on which he enters upon his
office.
He can resign from his office at any time by
addressing the resignation letter to the President. He
can also be removed from the office before
completion of his term.
A formal impeachment is not required for his
removal. He can be removed by a resolution of the
Rajya Sabha passed by an absolute majority and
agreed to by the Lok Sabha.
Notably, no ground has been mentioned in the
Constitution for his removal.
The Vice-President can hold office beyond his term
of five years until his successor assumes charge. He is
also eligible for re-election to that office. He may be
elected for any number of terms.
Vacancy in Office
1. On the expiry of his tenure of five years.
2. By his resignation.
3. On his removal.
4. By his death.
5. Otherwise, for example, when he becomes
disqualified to hold office or when his election is
declared void.
If the office falls vacant by resignation, removal,
death or otherwise, then election to fill the vacancy
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
should be held as soon as possible after the
occurrence of the vacancy. The newly- elected vice-
president remains in office for a full term of five years
from the date he assumes charge of his office.
Powers and Functions
1) He acts as the ex-officio Chairman of Rajya
Sabha.
2) He acts as President when a vacancy occurs in
the office of the President. He can act as President
only for a maximum period of six months within
which a new President has to be elected.
Further, when the sitting President is unable to
discharge his functions due to absence, illness or any
other cause, the Vice-President discharges his
functions until the President resumes his office.
While acting as President or discharging the
functions of President, the Vice-President does not
perform the duties of the office of the chairman of
Rajya Sabha. During this period, those duties are
performed by the Deputy Chairman of Rajya Sabha.
17. PRIME MINISTER
In the parliamentary system of government provided
by the constitution, the President is the nominal
executive authority (de jure executive) and Prime
Minister is the real executive authority (de facto
executive).
Appointment of the Prime Minister
Article 75 says only that the Prime Minister shall be
appointed by the president.
In conventions, the President appoint the leader of
the majority party in the Lok Sabha as the Prime
Minister. If, no party has a clear majority in the Lok
Sabha, the President may exercise his personal
discretion in the selection of the Prime Minister. In
such situation, the President usually appoints the
leader of the largest party or coalition in the Lok
Sabha as the Prime Minister and asks him to seek a
vote of confidence in the House within a month.
A person who is not a member of either House of
Parliament can be appointed as Prime Minister for six
months, within which, he should become a member
of either House of Parliament; otherwise, he ceases to
be the Prime Minister.
Constitutionally, the Prime Minister may be a
member of any of the two Houses of parliament.
The term of Prime Minister is not fixed, he holds
office during the pleasure of the president. This does
not mean that the president can dismiss the Prime
Minister at any time. So long as the Prime Minister
enjoys the majority in the Lok Sabha, he cannot be
dismissed by the President.
If he loses the confidence of the Lok Sabha, he must
resign, or the President can dismiss him.
21
Powers and Functions of the Prime Minister
He recommends persons who can be appointed as
ministers by the president. The President appoint
only those persons as ministers who are
recommended by the Prime Minister.
He allocates and reshuffles various portfolios
among the ministers. He can ask a minister to resign
or advise the President to dismiss him in case of
difference of opinion.
He can bring about the collapse of the council of
ministers by resigning from office. Since the Prime
Minister stands at the head of the council of
ministers, the other ministers cannot function when
the Prime Minister resigns or dies.
The resignation or death of an incumbent Prime
Minister automatically dissolves the council of
ministers and thereby generates a vacuum.
He is the principal channel of communication
between the President and the council of ministers.
He advises the president with regard to the
appointment of attorney general of India,
Comptroller and Auditor General of India, chairman
and members of the UPSC, election commissioners,
chairman and members of the finance commission
and so on.
The Prime Minister is the leader of the Lower
House.
He advises the President to summoning and
proroguing of the sessions of the Parliament.
He can recommend dissolution of the Lok Sabha to
President at any time.
He announces government policies on the floor of
the House.
He is the chairman of the Planning Commission,
National Development Council, National Integration
Council, Inter-State Council and National Water
Resources Council.
He plays a significant role in shaping the foreign
policy of the country.
He is the chief spokesman of the Union
government.
Council of Ministers
There shall be a Council of Ministers with the
Prime Minister at the head to aid and advise the
President.
The advice tendered by Ministers to the President
shall not be inquired into in any court.
The total number of ministers, including the Prime
Minister, in the Council of Ministers shall not exceed
15% of the total strength of the Lok Sabha. The
provision was added by the 91st Amendment Act of
2003.
A minister who is not a member of the Parliament
(either house) for any period of six consecutive
months shall cease to be a minister.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
 18. PARLIAMENT
Articles 79 to 122 in Part V of the Constitution deal
with the organization, composition, duration,
officers, procedures, privileges, powers and so on of
the Parliament.
Organization of Parliament
The Parliament of India consists of three parts viz,
the President, Rajya Sabha and Lok Sabha.
Though the President of India is not a member of
either House of Parliament, he is an integral part of
the Parliament.
Composition of Rajya Sabha
The maximum strength of the Rajya Sabha is fixed
at 250, out of which, 238 are to be the representatives
of the states and union territories (elected indirectly)
and 12 are nominated by the president.
At present, the Rajya Sabha has 245 members. Of
these, 229 members represent the states, 4 members
represent the union territories and 12 members are
nominated by the president.
The Fourth Schedule of the Constitution deals with
the allocation of seats in the Rajya Sabha to the states
and union territories.
The representatives of states in the Rajya Sabha are
elected by the elected members of state legislative
assemblies. The election is held in accordance with
the system of proportional representation by means
of the single transferable vote. The seats are allotted
to the states in the Rajya Sabha on the basis of
population.
Out of the seven union territories, only two (Delhi
and Puducherry) have representation in Rajya Sabha.
The populations of other five union territories are too
small to have any representative in the Rajya Sabha.
The president nominates 12 members to the Rajya
Sabha from people who have special knowledge or
practical experience in art, literature, science and
social service.
Composition of Lok Sabha
The maximum strength of the Lok Sabha is fixed at
552. Out of this, 530 members are to be the
representatives of the states, 20 members are to be the
representatives of the union territories and 2
members are to be nominated by the president from
the Anglo-Indian community.
At present, the Lok Sabha has 545 members. Of
these, 530 members represent the states, 13 members
represent the union territories and 2 Anglo-Indian
members are nominated by the President.
The representatives of states in the Lok Sabha are
directly elected by the people from the territorial
constituencies in the states. The election is based on
the principle of universal adult franchise.
The voting age was reduced from 21 to 18 years by
the 61st Constitutional Amendment Act, 1988.
22
The members of Lok Sabha from the union
territories are also chosen by direct election.
The president can nominate two members from the
Anglo-Indian community if the community is not
adequately represented in the Lok Sabha.
The Constitution provides for the reservation of
seats for scheduled castes and scheduled tribes in the
Lok Sabha on the basis of population ratios.
Duration of Rajya Sabha
The Rajya Sabha (first constituted in 1952) is a
continuing chamber, that is, it is a permanent body
and not subject to dissolution.
The term of office of a member of the Rajya Sabha
shall be six years.
However, one-third of its members retire every
second year. The retiring members are eligible for re-
election.
Duration of Lok Sabha
The Lok Sabha is not a continuing chamber. Its
normal term is five years from the date of its first
meeting after the general elections, after which it
automatically dissolves.
The term of the Lok Sabha can be extended during
the period of national emergency be a law of
Parliament for one year at a time for any length of
time.
This extension cannot continue beyond a period of
six months after the emergency has ceased to operate.
Membership of Parliament
Qualifications
1) He must be a citizen of India.
2) He must be not less than 30 years of age in the
case of the Rajya Sabha and not less than 25 years of
age in the case of the Lok Sabha.
3) He must possess other qualifications prescribed
by Parliament.
Disqualification on Ground of Defection (Tenth
Schedule)
1) If he voluntary gives up the membership of the
political party on whose ticket he is elected to the
House.
2) If he votes or abstains from voting in the House
contrary to any direction given by his political party.
3) If any independently elected member joins any
political party.
4) If any nominated member joins any political
party after the expiry of six months.
The question of disqualification under the Tenth
Schedule is decided by the Chairman in the case of
Rajya Sabha and Speaker in the case of Lok Sabha
(and not by the president of India). In 1992, the
Supreme Court ruled that the decision of the
Chairman/ Speaker in this regard is subject to
judicial review.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
Vacating of Seats
1. Double Membership A person cannot be a
member of both Houses of Parliament at the same
time.
➢ If a person is elected to both the Houses of
Parliament, he must intimate within 10 days in
which House he desires to serve. In default of
such intimation, his seat in the Rajya Sabha
becomes vacant.
➢ If a sitting member of one House is also elected
to the other House, his seat in the first House
becomes vacant.
➢ If a person is elected to two seats in a House, he
should exercise his option for one. Otherwise,
both seats become vacant.
Similarly, a person cannot be a member of both the
Parliament and the state legislature at the same time.
If a person is so elected, his seat in Parliament
becomes vacant if he does not resign his seat in the
state legislature within 14 days.
2. Disqualification
3. Resignation
4. Absence A House can declare the seat of a member
vacant if he is absent from all its meetings for a
period of sixty days without its permission.
5. Other cases A member has to vacate his seat in the
Parliament:
(a) if his election is declared void by the court;
(b) if he is expelled by the House;
(c) if he is elected to the office of President or Vice-
President; and
(d) if he is appointed to the office of governor of a
state.
Salaries and Allowances: - Members of either House
of Parliament are entitled to receive such salaries and
allowances as may be determined by Parliament, and
there is no provision of pension in the Constitution.
However, Parliament has provided pension to the
members.
Presiding Officers of Parliament: - Each House of
Parliament has its own presiding officer. There is a
Speaker and a Deputy Speaker for the Lok Sabha and
a Chairman and a Deputy Chairman for the Rajya
Sabha.
Speaker of Lok Sabha
The Speaker is elected by the Lok Sabha from
amongst its members. Whenever the office of the
Speaker falls vacant, the Lok Sabha elects another
member to fill the vacancy. The date of election of the
Speaker is fixed by the President.
He must vacate his office earlier in any of the
following cases:
1. if he ceases to be a member of the Lok Sabha;
2. if he resigns by writing to the Deputy Speaker;
23
3. if he is removed by a resolution passed by a
majority of all the members of the Lok Sabha.
Whenever the Lok Sabha is dissolved, the Speaker
does not vacate his office and continues till the
newly- elected Lok Sabha meets.
Role, Powers and Functions
The Speaker is the head of the Lok Sabha, and its
representative. He is the principal spokesman of the
House, and his decision in all Parliamentary matters
is final.
1. He maintains order and decorum in the House
for conducting its business and regulating its
proceedings. This is his primary responsibility and he
has final power in this regard.
2. He adjourns the House or suspends the meeting
in absence of a quorum. The quorum to constitute a
meeting of the House is one-tenth of the total
strength of the House.
3. He does not vote in the first instance. But he can
exercise a casting vote in the case of a tie. Such vote is
called casting vote, and its purpose is to resolve a
deadlock.
4. He presides over a joint setting of the two
Houses of Parliament.
5. He decides whether a bill is a money bill or not
and his decision on this question is final.
6. He decides the questions of disqualification of a
member of the Lok Sabha, arising on the ground of
defection under the provisions of the Tenth Schedule.
7. He appoints the chairman of all the
parliamentary committees of the Lok Sabha and
supervises their functioning. He himself is the
chairman of the Business Advisory Committee, the
Rules Committee and the General-Purpose
Committee.
Deputy Speaker of Lok Sabha
Deputy Speaker is also elected by the Lok Sabha
itself from amongst its members. He is elected after
the election of the Speaker has taken place. The date
of election of the Deputy Speaker is fixed by the
Speaker.
Like the Speaker, the Deputy Speaker remains in
office during the life of the Lok Sabha. However, he
may vacate his office earlier if,
1. if he ceases to be a member of the Lok Sabha;
2. if he resigns by writing to the Speaker; and
3. if he is removed by a resolution passed by a
majority of all the members of the Lok Sabha.
The Deputy Speaker performs the duties of the
Speaker’s office when it is vacant. He also acts as the
Speaker when the latter is absent from the sitting of
the House. In both the cases, he assumes all the
powers of the Speaker.
The Deputy Speaker has one special privilege, that
is, whenever he is appointed as a member of a
parliamentary committee, he automatically becomes
its chairman.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
 When the Speaker presides over the House, the
Deputy Speaker is like ordinary member of the
House. He can speak in the House, participate in its
proceedings and vote.
Chairman of Rajya Sabha
The presiding officer of the Rajya Sabha is known
as the Chairman. The vice-president of India is the
ex-officio Chairman of the Rajya Sabha.
When the Vice-President acts as President, he does
not perform the duties of the Chairman of Rajya
Sabha.
The Chairman of the Rajya Sabha can be removed
from his office only if he is removed from the office of
the Vice-President.
As a presiding officer, the powers and functions of
the Chairman are similar to those of the Speaker in
the Lok Sabha. However, the Speaker has two special
powers which are not enjoyed by the Chairman:
1. The Speaker decides whether a bill is a money
bill or not and his decision on this question is final.
2. The Speaker presides over a joint sitting of two
Houses of Parliament.
Unlike the Speaker (who is a member of the House),
the Chairman is not a member of the House. But like
the Speaker, the Chairman also cannot vote in the
first instance. He too can cast a vote in the case of an
equality of votes.
Deputy Chairman of Rajya Sabha
The Deputy Chairman of Rajya Sabha is elected
from amongst its members.
Whenever the office of the Deputy Chairman falls
vacant, the Rajya Sabha elects another member to fill
the vacancy.
The Deputy Chairman vacates his office in any of the
following three cases:
1. if he ceases to be a member of the Rajya Sabha;
2. if he resigns by writing to the Chairman; and
3. if he is removed by a resolution passed by a
majority of all the members of the Rajya Sabha.
The Deputy Chairman performs the duties of the
Chairman’s office when it is vacant or when the Vice-
President acts as President. He also acts as the
Chairman when the latter is absent from the sitting of
the House. In both the cases, he has all the powers of
the Chairman.
Leaders in Parliament
Leader of the House Under the Rules of Lok Sabha,
the ‘Leader of the House’ means the prime minister,
if he is a member of the Lok Sabha, or a minister who
is a member of the Lok Sabha and is nominated by
the prime minister. There is also a ‘Leader of the
House’ in the Rajya Sabha. He is a minister and a
member of the Rajya Sabha and is nominated by the
prime minister to function as such.
24
Leader of the Opposition In each House of
Parliament, there is the ‘Leader of the Opposition’.
The leader of the largest Opposition party having not
less than one-tenth seats of the total strength of the
House is recognised as the leader of the Opposition.
Whip
Offices of the leader of the House and the leader of
the Opposition are not mentioned in the Constitution,
they are mentioned in the Rules of the House and
Parliamentary Statute. The office of ‘whip’, on the
other hand, is mentioned neither in the Constitution
of India nor in the Rules of the House nor in a
Parliamentary Statute. It is based on the conventions
of the parliamentary government.
Every political party, whether ruling or Opposition
has its own whip in the Parliament. He is appointed
by the political party to serve as an assistant floor
leader. He is charged with the responsibility of
ensuring the attendance of his party members and
securing their support in favour of or against a
particular issue. He regulates and monitors their
behavior in the Parliament. The members are
supposed to follow the directives given by the whip.
Otherwise, disciplinary action can be taken.
Sessions of Parliament
1) Summoning
There are usually three sessions in a year, viz,
1. the Budget Session (February to May);
2. the Monsoon Session (July to September); and
3. the Winter Session (November to December).
A session of Parliament is the period spanning
between the first sitting of a House and its
prorogation.
2) Adjournment
A session of Parliament consists of many meetings.
Each meeting of a day consists of two sittings,
morning sitting from 11 am to 1 pm and post-lunch
sitting from 2 pm to 6 pm.
A sitting of Parliament can be terminated by
adjournment or adjournment sine die or prorogation
or dissolution.
An adjournment suspends the work in a sitting for
a specified time, which may be hours, days or weeks.
3) Adjournment Sine Die
Adjournment sine die means terminating a sitting
of Parliament for an indefinite period. The power of
adjournment as well as adjournment sine die lies
with the presiding officer of the House.
4) Prorogation
The presiding officer (Speaker or Chairman)
declares the House adjourned sine die, when the
business of a session is completed.
Within the next few days, the President issues a
notification for prorogation of the session. However,
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
the President can also prorogue the House while in
session.
5) Dissolution
Dissolution ends the life of the existing House, and
a new House is constituted after general elections.
When the Lok Sabha is dissolved, all business
including bills, motions, resolutions, notices, petitions
and so on pending before it or its committees lapse.
They must be reintroduced in the newly-constituted
Lok Sabha.
1. A bill pending in the Lok Sabha lapses (whether
originating in the Lok Sabha or transmitted to it by
the Rajya Sabha).
2. A bill passed by the Lok Sabha but pending in
the Rajya Sabha lapses.
3. A bill not passed by the two Houses due to
disagreement and if the president has notified the
holding of a joint sitting before the dissolution of Lok
Sabha, does not lapse.
4. A bill pending in the Rajya Sabha but not passed
by the Lok Sabha does not lapse.
5. A bill passed by both Houses but pending assent
of the president does not lapse.
6. A bill passed by both Houses but returned by the
president for reconsideration of Houses does not
lapse.
Quorum
Quorum is the minimum number of members
required to be present in the House. It is one-tenth of
the total number of members in each House including
the presiding officer.
It is the duty of the presiding officer either to
adjourn or suspend the meeting until there is a
quorum.
Language in Parliament
The Constitution has declared Hindi and English to
be the languages for transacting business in the
Parliament. However, the presiding officer can
permit a member to address the House in his mother-
tongue.
Lame-duck Session
It refers to the last session of the existing Lok Sabha.
Devices of Parliamentary Proceedings
1) Question Hour
The first hour of every parliamentary sitting is
slotted for this. During this time, the members ask
questions and the ministers usually give answers.
2) Zero Hour
The zero hour starts immediately after the question
hour and lasts until the agenda for the day is taken
up. In other words, the time gap between the
question hour and the agenda is known as zero hour.
It is an Indian innovation in the field of
25
parliamentary procedures and has been in existence
since 1962.
Motions
The House expresses its decisions or opinions on
various issues through the adoption or rejection of
motions moved by either ministers or private
members.
The motions moved by the members to raise
discussions on various matters fall into:
1. Substantive Motion: It deals with a very
important matter like impeachment of the President.
2. Substitute Motion: It is a motion that is moved
in substitution of an original motion and proposes an
alternative to it.
3. Subsidiary Motion: It is a motion that, by itself,
has no meaning and cannot state the decision of the
House without reference to the original motion or
proceedings of the House.
Closure Motion
It is a motion moved by a member to cut short the
debate on a matter before the House. If the motion is
approved by the House, debate is stopped forthwith,
and the matter is put to vote.
Privilege Motion
It is concerned with the breach of parliamentary
privileges by a minister. It is moved by a member
when he feels that a minister has committed a breach
of privilege.
Calling Attention Motion
It is introduced in the Parliament by a member to
call the attention of a minister to a matter of urgent
public importance, and to seek an authoritative
statement from him on that matter. It is also an
Indian innovation in the parliamentary procedure
and has been in existence since 1954.
No-Confidence Motion
Lok Sabha can remove the ministry from office by
passing a no-confidence motion. The motion needs
the support of 50 members to be admitted.
Motion of Thanks
The first session after each general election and the
first session of every fiscal year is addressed by the
president. In this address, the president outlines the
policies and programmes of the government in the
preceding year and ensuing year. This address of the
president, which corresponds to the ‘speech from the
Throne in Britain’, is discussed in both the Houses of
Parliament on a motion called the ‘Motion of Thanks’.
No-Day-Yet-Named Motion
It is a motion that has been admitted by the
Speaker, but no date has been fixed for its discussion.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
Point of Order
A member can raise a point of order when the
proceedings of the House do not follow the normal
rules of procedure.
Legislative Procedure in Parliament
The legislative procedure is identical in both the
Houses of Parliament. Every bill has to pass through
the same stages in each House.
Bills introduced in the Parliament are of two kinds:
Public bills and Private bills
The bills introduced in the Parliament can also be
classified into four categories:
1. Ordinary bills, which are concerned with any
matter other than financial subjects.
2. Money bills, which are concerned with the
financial matters like taxation, public expenditure,
etc.
3. Financial bills, which are also concerned with
financial matters (but are different from money bills).
4. Constitution amendment bills, which are
concerned with the amendment of the provisions of
the Constitution.
Ordinary Bills
Every ordinary bill has to pass through the
following five stages in the Parliament.
1. First Reading An ordinary bill can be introduced
in either House of Parliament. Such a bill can be
introduced either by a minister or by any other
member. The mover of the bill introduces it by
reading its title and objectives. No discussion on
the bill takes place at this stage. Later, the bill is
published in the Gazette of India.
2. Second Reading During this stage, the bill
receives the detailed scrutiny and assumes its final
shape, this stage involves three more sub-stages,
stage of general discussion, committee stage and
consideration stage.
3. Third Reading At this stage, the debate is
confined to the acceptance or rejection of the bill. If
the majority of members present and voting accept
the bill, the bill is regarded as passed by the House
and transmitted to the second House for
consideration and approval.
4. Bill in the Second House In the second House
also, the bill passes through all the three stages, that
is, first reading, second reading and third reading.
Four alternatives before this House:
(a) it may pass the bill as sent by the first house (ie,
without amendments);
(b) it may pass the bill with amendments and
return it to the first House for reconsideration;
(c) it may reject the bill altogether;
26
(d) it may not take any action and thus keep the bill
pending.
If the second House passes the bill without any
amendments or the first House accepts the
amendments suggested by the second House, the bill
is deemed to have been passed by both the Houses
and the same is sent to the president for his assent.
On the other hand, if the first House rejects the
amendments suggested by the second House or the
second House rejects the bill or the second House
does not take any action for six months, a deadlock is
deemed to have taken place. To resolve a deadlock,
the president can summon a joint sitting of the two
Houses. If the majority of members present and
voting in the joint sitting approves the bill, the bill is
deemed to have been passed by both the Houses.
5. Assent of the President Every bill after passed by
both Houses of Parliament, is presented to the
president for his assent.
There are three alternatives before the president:
(a) he may give his assent to the bill; or
(b) he may withhold his assent to the bill; or
(c) he may return the bill for reconsideration of the
Houses.
If the President returns the bill for reconsideration
and if it is passed by both the Houses again with or
without amendments and presented to the President
for his assent, the president must give his assent to
the bill. Thus, the President enjoys only a “suspensive
veto.”
Money Bills
Article 110 of the Constitution deals with the
definition of money bills. A bill is deemed to be a
money bill if it contains:
1. The imposition, abolition, remission, alteration
or regulation of any tax;
2. The regulation of the borrowing of money by the
Union government;
3. The custody of the Consolidated Fund of India
or the contingency fund of India.
Whether a bill is a money bill or not, the decision of
the Speaker of the Lok Sabha is final. His decision in
this regard cannot be questioned in any court of law
or in the either House of Parliament or even the
president.
A money bill can only be introduced in the Lok
Sabha on the recommendation of the president. Every
such bill can be introduced only by a minister.
After a money bill is passed by the Lok Sabha, it is
transmitted to the Rajya Sabha. Rajya Sabha has
restricted powers with regard to a money bill. It
cannot reject or amend a money bill. It can only make
the recommendations. It must return the bill to the
Lok Sabha within 14 days, with or without
recommendations. The Lok Sabha can either accept or
reject the recommendations of the Rajya Sabha.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
 If the Rajya Sabha does not return the bill to the Contingency Fund of India
Lok Sabha within 14 days, the bill is deemed to have The Parliament enacted the contingency fund of
been passed by both the Houses in the form India Act in 1950.
originally passed by the Lok Sabha. This fund is placed at the disposal of the president,
Finally, when a money bill is presented to the and he can make advances out of it to meet
president, he may either give his assent to the bill or unforeseen expenditure.
withhold his assent to the bill but cannot return the
bill. Allocation of Seats in Parliament
Normally, the president gives his assent to a States/ UTs Rajya Sabha Lok Sabha
money bill as it is introduced in the Parliament with
Tamil Nadu 18 39
his prior permission.
Puducherry 1 1
Financial Bills
19. SUPREME COURT
Financial bills are those bills that deal with fiscal
matters, that is, revenue or expenditure.
Indian Constitution has established an integrated
This classification implies that money bills are simply
judicial system with the Supreme Court at the top
a species of financial bills.
and the high courts below it. This single system of
Hence, all money bills are financial bills, but all
courts, adopted from the Government of India Act of
financial bills are not money bills.
1935, enforces both Central laws as well as the state
1. Money bills— Article 110
laws.
2. Financial bills (I)— Article 117 (1)
The Supreme Court of India was inaugurated on
3. Financial bills (II)— Article 117 (3)
January 28, 1950.
Articles 124 to 147 in Part V of the Constitution
Joint Sitting of Two Houses
deal with the organisation, independence,
Since 1950, the provision regarding the joint sitting
jurisdiction, powers, procedures and so on of the
of the two Houses has been invoked only thrice.
Supreme Court.
The bills that have been passed at joint sittings are:
1. Dowry Prohibition Bill, 1960.
Organisation of Supreme Court
2. Banking Service Commission (Repeal) Bill, 1977.
1) Judges
3. Prevention of Terrorism Bill, 2002.
At present, the Supreme Court consists of thirty-one
judges (one chief justice and thirty other judges). The
Funds
judges of the Supreme Court are appointed by the
The Constitution of India provides for the
president.
following three kinds of funds
From 1950 to 1973, the practice has been to appoint
1. Consolidated Fund of India (Article 266)
the senior most judge of the Supreme Court as the
2. Public Account of India (Article 266)
chief justice of India. This convention was violated in
3. Contingency Fund of India (Article 267)
1973 when A N Ray was appointed as the CJI by
superseding three senior judges. Again in 1977, M U
Consolidated Fund of India
Beg was appointed as the CJI by superseding the then
It is a fund to which all receipts are credited and all
senior- most judge. This discretion was curtailed by
payments are debited. In other words, (a) all
the Supreme Court in the Second Judges Case (1993),
revenues received by the Government of India; (b) all
in which the Supreme Court ruled that the senior
loans raised by the Government by the issue of
most judge of the Supreme Court should alone be
treasury bills, loans or ways and means of advances;
appointed to the office of the chief justice of India.
and (c) all money received by the government in
repayment of loans forms the Consolidated Fund of
2) Qualifications of Judges
India.
1. He should be a citizen of India.
2. (a) He should have been a judge of a High Court
Public Account of India
for five years; or
All other public money (other than those which are
(b) He should have been an advocate of a High
credited to the Consolidated Fund of India) received
Court for ten years; or
by or on behalf of the Government of India shall be
(c) He should be a distinguished jurist in the
credited to the Public Account of India.
opinion of the president.
This includes provident fund deposits, judicial
From the above, it is clear that the Constitution has
deposits, savings bank deposits, departmental
not prescribed a minimum age for appointment as a
deposits, remittances and so on.
judge of the Supreme Court.

III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,

KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
27
3) Tenure of Judges
The following three provisions in this regard:
1. He holds office until he attains the age of 65
years.
2. He can resign his office by writing to the
president.
3. He can be removed from his office by the
President on the recommendation of the Parliament.
4) Removal of Judges
A judge of the Supreme Court can be removed
from his Office by an order of the president.
The President can issue the removal order only
after an address by Parliament has been presented to
him for such removal.
The address must be supported by a special
majority of each House of Parliament. The grounds of
removal are misbehavior or incapacity.
1. A removal motion signed by 100 members (in the
case of Lok Sabha) or 50 members (in the case of
Rajya Sabha).
2. The Speaker/ Chairman may admit the motion or
refuse it.
3. If it is admitted, then the Speaker/ Chairman is to
constitute a three-member committee to investigate
into the charges.
4. The committee should consist of (a) the chief justice
or a judge of the Supreme Court, (b) a chief justice of
a high court, and (c) a distinguished jurist.
5. If the committee finds the judge to be guilty of
misbehavior or suffering from an incapacity, the
House can take up the consideration of the motion.
6. After the motion is passed by each House of
Parliament by special majority, an address is
presented to the president for removal of the judge.
7. Finally, the president passes an order removing the
judge.
Salaries and Allowances
The salaries, allowances, privileges, leave and
pension of the judges of the Supreme Court are
determined from time to time by the Parliament.
The retired chief justice and judges are entitled to
50 per cent of their last drawn salary as monthly
pension.
Acting Chief Justice
The President can appoint a judge of the Supreme
Court as an acting Chief Justice of India when:
1. the office of Chief Justice of India is vacant; or
2. the Chief Justice of India is temporarily absent;
or
3. the Chief Justice of India is unable to perform the
duties of his office.
Ad hoc Judge
When there is a lack of quorum of judges of the
Supreme Court, the Chief Justice of India can appoint
28
a judge of a High Court as an ad hoc judge of the
Supreme Court for a temporary period.
He can do so only after consultation with the chief
justice of the High Court concerned and with the
previous consent of the president.
The judge so appointed should be qualified for
appointment as a judge of the Supreme Court, he
enjoys all the powers and privileges of a judge of the
Supreme Court.
Retired Judges
The chief justice of India can request a retired judge
of the Supreme Court or a retired judge of a high
court (who is qualified for appointment as a judge of
the Supreme Court) to act as a judge of the Supreme
Court for a temporary period.
He can do so only with the previous consent of the
president.
The Constitution declares Delhi as the seat of the
Supreme Court. But it also authorizes the chief
justice of India to appoint other places as seat of the
Supreme Court. He can take decision in this regard
only with the approval of the President.
Independence of Supreme Court
The Constitution has made the following
provisions to safeguard and ensure the independent
and impartial functioning of the Supreme Court:
1. Mode of Appointment The judges of the Supreme
Court are appointed by the President in consultation
with the members of the judiciary itself.
2. Security of Tenure The judges of the Supreme
Court can be removed from office by the President
only in the manner and on the grounds mentioned in
the Constitution. No judge of the Supreme Court has
been removed (or impeached) so far.
3. Conduct of Judges cannot be Discussed
The Constitution prohibits any discussion in
Parliament or in a State Legislature with respect to
the conduct of the judges of the Supreme Court in the
discharge of their duties, except when an
impeachment motion is under consideration of the
Parliament.
4. Power to Punish for its Contempt The Supreme
Court can punish any person for its contempt. Thus,
its actions and decisions cannot be criticized and
opposed by anybody.
5. Freedom to Appoint its Staff The Chief Justice of
India can appoint officers and servants of the
Supreme Court without any interference.
6. Its Jurisdiction cannot be Curtailed
The Parliament is not authorised to curtail the
jurisdiction and powers of the Supreme Court. The
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
Constitution has guaranteed to the Supreme Court,
jurisdiction of various kinds. However, the
Parliament can extend the same.
Jurisdiction and Powers of Supreme Court
1. Original Jurisdiction
The Supreme Court has exclusive original
jurisdiction. Exclusive means, no other court can
decide such disputes, the power to hear such
disputes in the first instance, not by way of appeal.
2. Writ Jurisdiction
The Constitution has constituted the Supreme
Court as the guarantor and defender of the
fundamental rights of the citizens.
The Supreme Court is empowered to issue writs
including habeas corpus, mandamus, prohibition,
quo-warrento and certiorari for the enforcement of
the fundamental rights of an aggrieved citizen.
In this regard, the Supreme Court has original
jurisdiction in the sense that an aggrieved citizen can
directly go to the Supreme Court.
The high courts are also empowered to issue writs
for the enforcement of the Fundamental Rights. The
Supreme Court can issue writs only for the
enforcement of the Fundamental Rights and not for
other purposes. The high court, on the other hand,
can issue writs not only for the enforcement of the
fundamental rights but also for other purposes.
3. Appellate Jurisdiction
The Supreme Court is primarily a court of appeal
and hears appeals against the judgements of the
lower courts.
4. Advisory Jurisdiction
The Constitution (Article 143) authorizes the
president to seek the opinion of the Supreme Court in
the two categories of matters:
(a) On any question of law or fact of public
importance which has arisen, or which is likely to
arise.
(b) On any dispute arising out of any pre-
constitution treaty, agreement, covenant, engagement
or other similar instruments.
5. A Court of Record
The Supreme Court has two powers:
(a) The judgements, proceedings and acts of the
Supreme Court are recorded. These records are
admitted to be of evidentiary value and cannot be
questioned when produced before any court. They
are recognized as legal precedents and legal
references.
(b) It has power to punish for contempt of court,
either with simple imprisonment for a term up to six
months or with fine up to ` 2,000 or with both.
29
6. Power of Judicial Review
Judicial review is the power of the Supreme Court
to examine the legislative enactments and executive
orders of both the Central and state governments, if
they are found to be violative of the Constitution they
can be declared as illegal, unconstitutional and
invalid by the Supreme Court.
7. Other Powers
(a) It decides the disputes regarding the election of
the president and the vice-president.
(b) It has power to review its own judgement or
order.
(c) It is authorized to withdraw the cases pending
before the high courts and dispose them by itself. It
can also transfer a case or appeal pending before one
high court to another high court.
(d) It is the ultimate interpreter of the Constitution.
(e) It has power of judicial superintendence and
control over all the courts and tribunals functioning
in the entire territory of the country.
20. GOVERNOR
Articles 153 to 167 in Part VI of the Constitution
deal with the state executive. The state executive
consists of the governor, the chief minister, the
council of ministers and the advocate general of the
state.
Usually, there is a governor for each state, but the
7th Constitutional Amendment Act of 1956 facilitated
the appointment of the same person as a governor for
two or more states.
Appointment of Governor
The governor is neither directly elected by the
people nor indirectly elected by electoral college as is
the case with the president. He is appointed by the
president. In a way, he is a nominee of the Central
government.
1. He should be a citizen of India.
2. He should have completed the age of 35 years.
Additionally, two conventions have also developed
in this regard.
First, he should be an outsider, that is, he should not
belong to the state where he is appointed, so that he
is free from the local politics.
Second, while appointing the governor, the
president is required to consult the chief minister of
the state concerned, so that the smooth functioning of
the constitutional machinery in the state is ensured.
However, both the conventions have been violated in
some of the cases.
Conditions of Governor’s Office
1. He should not be a member of either House of
Parliament or a House of the state legislature.
2. He should not hold any other office of profit.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
 3. He is entitled without payment of rent to the use
of his official residence (the Raj Bhavan).
4. When the same person is appointed as the
governor of two or more states, the emoluments and
allowances payable to him are shared by the states in
such proportion as determined by the president.
He enjoys personal immunity from legal liability
for his official acts. During his term of office, he is
immune from any criminal proceedings, even in
respect of his personal acts. He cannot be arrested or
imprisoned. However, after giving two months’
notice, civil proceedings can be instituted against him
during his term of office in respect of his personal
acts.
Term of Governor’s Office
A governor holds office for a term of five years.
However, this term of five years is subject to the
pleasure of the President, He may be removed by the
President at any time. The Constitution does not lay
down any grounds upon which a governor may be
removed by the President. Further, he can resign at
any time by addressing a resignation letter to the
President.
The President may transfer a Governor appointed
to one state to another state for the rest of the term.
Further, a Governor may be reappointed in the same
state or any other state.
Powers and Functions of Governor
Executive Powers
He appoints the chief minister and other ministers.
They also hold office during his pleasure.
He appoints the advocate general of a state. The
advocate general holds office during the pleasure of
the governor.
He appoints the state election commissioner. The
state election commissioner can be removed only as a
judge of a high court.
He appoints the chairman and members of the
state public service commission. However, they can
be removed only by the president and by a governor.
He acts as the chancellor of universities in the state.
He also appoints the vice-chancellors of universities
in the state.
Legislative Powers
1. He summon or prorogue the state legislature and
dissolve the state legislative assembly.
2. He address the state legislature at the
commencement of the first session after each general
election and the first session of each year.
3. He nominates one-sixth of the members of the
state legislative council and nominate one member to
the state legislature assembly from the Anglo-Indian
Community.
When a bill is sent to the governor after it is passed
by state legislature, he can:
(a) Give his assent to the bill, or
30
(b) Withhold his assent to the bill, or
(c) Return the bill (if it is not a money bill) for
reconsideration of the state legislature. However, if
the bill is passed again by the state legislature with or
without amendments, the governor has to give his
assent to the bill, or
(d) Reserve the bill for the consideration of the
president.
4. He can promulgate ordinances (Article 213)
when the state legislature is not in session. These
ordinances must be approved by the state legislature
within six weeks from its reassembly.
Judicial Powers
He can grant pardons, reprives, respites and
remissions of punishment or suspend, remit and
commute the sentence of any person.
He cannot pardon a death sentence.
He cannot grant pardon, reprieve, respite,
suspension, remission or commutation in respect to
punishment or sentence by a court-martial (military
court).
Financial Powers
Money bills can be introduced in the state
legislature only with his prior recommendation.
He can make advances out of the Contingency
Fund of the state to meet any unforeseen
expenditure.
He constitutes a finance commission after every
five years to review the financial position of the
panchayats and the municipalities.
21. CHIEF MINISTER
The governor is the nominal executive authority
(de jure executive) and the Chief Minister is the real
executive authority (de facto executive). In other
words, the governor is the head of the state while the
Chief Minister is the head of the government. Thus,
the position of the Chief Minister at the state level is
analogous to the position of prime minister at the
Centre.
Article 164 says that the Chief Minister shall be
appointed by the governor.
Article 163, there shall be a council of ministers
with the Chief Minister as the head to aid and advise
the governor.
Note:
All the Powers and Functions are similar to Prime
Minister within the State level.
22. STATE LEGISLATURE
Articles 168 to 212 in Part VI of the Constitution
deal with the organization, composition, duration,
officers, procedures, privileges, powers and so on of
the state legislature. Though these are similar to that
of Parliament, there are some differences as well.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
Organization of State Legislature
Most of the states have unicameral system, while
others have a bicameral system.
As of 2018, 7 out of 29 states have a State
Legislative Council. These are Andhra Pradesh, Uttar
Pradesh, Bihar, Maharashtra, Karnataka, Telangana
and Jammu and Kashmir.
The legislative council is the upper house , while
the legislative assembly is the lower house.
The Parliament can abolish a legislative council
(where it already exists) or create it (where it does not
exist), if the legislative assembly of the concerned
state passes a resolution. Such a resolution must be
passed by the state assembly by a special majority.
Parliament passed like an ordinary piece of
legislation (ie, by simple majority).
The legislative council of Tamil Nadu had been
abolished in 1986.
In 2010, the Legislative Assembly of Tamil Nadu
passed a resolution for the revival of the Legislative
Council in the state. Accordingly, the Parliament
enacted the Tamil Nadu Legislative Council Act, 2010
which provided for the creation of Legislative
Council in the state. However, before this Act was
enforced, the Legislative Assembly of Tamil Nadu
passed another resolution in 2011 seeking the
abolition of the proposed Legislative Council.
Composition of Legislative Assembly
The legislative assembly consists of representatives
directly elected by the people. Its maximum strength
is fixed at 500 and minimum strength at 60.
The governor can nominate one member from the
Anglo-Indian community, if the community is not
adequately represented in the assembly.
After each census, The Parliament is empowered to
make a readjustment in the (a) total number of seats
in the assembly of each state and (b) the division of
each state into territorial constituencies.
The Constitution provided for the reservation of
seats for scheduled castes and scheduled tribes in the
assembly of each state on the basis of population
ratios.
Composition of Council
The members of the legislative council are
indirectly elected. The maximum strength of the
council is fixed at one-third of the total strength of the
assembly and the minimum strength is fixed at 40.
Duration of Two Houses
Duration of legislative Assembly is Similar to LOK
SABHA and Duration of legislative Council is similar
to RAJYA SABHA.
ALL OTHER POWERS, QUALIFICATION,
LEGISLATIVE PROCESS ARE SIMILAR TO A
PARLIAMENT
31
23. HIGH COURT
In the Indian single integrated judicial system, the
high court operates below the Supreme Court but
above the subordinate courts.
The institution of high court originated in India in
1862 when the high courts were set up at Calcutta,
Bombay and Madras (These three high courts were
set up under the provisions of the Indian High Courts
Act, 1861). In 1866, a fourth high court was
established at Allahabad.
The Constitution of India provides for a high court
for each state, but the Seventh Amendment Act of
1956 authorized the Parliament to establish a
common high court for two or more states or for two
or more states and a union territory.
At present, there are 24 high courts in the country.
Out of them, three are common high courts. Delhi is
the only union territory that has a high court of its
own (since 1966).
The Parliament can extend the jurisdiction of a
high court to any union territory or exclude the
jurisdiction of a high court from any union territory.
Articles 214 to 231 in Part VI of the Constitution
deal with the organisation, independence,
jurisdiction, powers, procedures and so on of the
high courts.
Organisation of High Court
Every high court consists of a chief justice and such
other judges as the president may appoint. Thus, the
Constitution does not specify the strength of a high
court and leaves it to the discretion of the president.
Judges
Appointment of Judges The judges of a high court
are appointed by the President. The chief justice is
appointed by the President after consultation with
the chief justice of India and the governor of the state
concerned. In case of a common high court for two or
more states, the governors of all the states concerned
are consulted by the president.
Qualifications of Judges
(a) He should be a citizen of India.
(b) He should have held a judicial office in the
territory of India for ten years; or
(c) He should have been an advocate of a high court
for ten years.
It is clear that the Constitution has not prescribed a
minimum age for appointment as a judge of a high
court.
Tenure of Judges
1) He holds office until he attains the age of 62 years
(The retirement age has been raised from 60 to 62
years by the 15th Amendment Act of 1963).
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
2) He can resign his office by writing to the president.
3) He can be removed from his office by the President
on the recommendation of the Parliament.
4) He vacates his office when he is appointed as a
judge of the Supreme Court or when he is transferred
to another high court.
Judge of a high court can be removed in the same
manner and on the same grounds as a judge of the
Supreme Court.
ALL OTHER POWERS, JURISDICTION ARE
SIMILAR TO A SUPREME COURT.
24. SPECIAL STATUS OF JAMMU & KASHMIR
Article 370 in Part XXI of the Constitution grants a
special status to Jammu and Kashmir (J& K).
Accordingly, all the provisions of the Constitution of
India do not apply to it. It is also the only state in the
Indian Union which has its own separate state
Constitution— the Constitution of Jammu and
Kashmir.
Accession of J& K to India
With the end of the British paramountcy, the State
of Jammu and Kashmir became independent on 15
August 1947. Initially its ruler, Maharaja Hari Singh,
decided not to join India or Pakistan and thereby
remain independent. On 20 October 1947, the Azad
Kashmir Forces supported by the Pakistan army
attacked the frontiers of the state. Under this unusual
and extraordinary political circumstance, the ruler of
the state decided to accede the state to India.
Accordingly, the ‘Instrument of Accession of Jammu
and Kashmir to India’ was signed by Pandit
Jawaharlal Nehru and Maharaja Hari Singh on 26
October 1947. Under this, the state surrendered only
three subjects (defence, external affairs and
communications) to the Dominion of India.
Article 370 was incorporated in the Constitution of
India. It clearly states that the provisions with respect
to the State of J& K are only temporary and not
permanent. It became operative on 17 November
1952.
Part III (dealing with Fundamental Rights) is
applicable to the state with some exceptions and
conditions. The Fundamental Right to Property is still
guaranteed in the state.
Part IV (dealing with Directive Principles of State
Policy) and Part IVA (dealing with Fundamental
Duties) are not applicable to the state.
The President has no power to declare a financial
emergency in relation to the state.
The President has no power to suspend the
Constitution of the state on the ground of failure to
comply with the directions given by him.
The State Emergency (President’s Rule) is
applicable to the state. However, this emergency can
32
be imposed in the state on the ground of failure of the
constitutional machinery under the provisions of
state Constitution and not Indian Constitution.
The Constitution of J& K was adopted on 17
November 1957 and came into force on 26 January
1957.
It declares Urdu as the official language of the
state. It also permits the use of English for official
purposes unless the state legislature provides
otherwise.
25. SPECIAL PROVISIONS FOR SOME STATES
Articles 371 to 371-J in Part XXI of the constitution
contain special provisions for eleven states1 viz.,
Maharashtra, Gujarat, Nagaland, Assam, Manipur,
Andhra Pradesh, Sikkim, Mizoram, Arunachal
Pradesh, Goa and Karnataka.
The intention behind them is to meet the
aspirations of the people of backward regions of the
states or to protect the cultural and economic
interests of the tribal people of the states or to deal
with the disturbed law and order condition in some
parts of the states or to protect the interests of the
local people of the states.
Originally, the constitution did not make any
special provisions for these states. They have been
incorporated by the various subsequent amendments
made in the context of reorganisation of the states or
conferment of statehood on the Union Territories.
26. LOCAL GOVERNMENTS
1) PANCHAYATI RAJ
The term Panchayati Raj signifies the system of
rural local self-government. It has been established in
all the states of India by the Acts of the state
legislatures to build democracy at the grass root level.
It was constitutionalised through the 73rd
Constitutional Amendment Act of 1992.
Evolution of Panchayati Raj
i) Balwant Rai Mehta Committee
In January 1957, the Government of India
appointed a committee to examine the working of the
Community Development Programme (1952) and the
National Extension Service (1953) to suggest
measures for their better working. The committee
submitted its report in November 1957 and
recommended the establishment of the scheme of
‘democratic decentralisation’, which ultimately came
to be known as Panchayati Raj.
The recommendations made by it are:
1. Establishment of a three-tier panchayati raj
system— gram panchayat at the village level,
panchayat samiti at the block level and zila parishad
at the district level.
2. All planning and development activities should be
entrusted to these bodies.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
 These recommendations of the committee were
accepted by the National Development Council in
January 1958.
Rajasthan was the first state to establish Panchayati
Raj. The scheme was inaugurated by the prime
minister on October 2, 1959, in Nagaur district.
Rajasthan was followed by Andhra Pradesh, which
also adopted the system in 1959.
ii) Ashok Mehta Committee
In December 1977, the Janata Government
appointed a committee on panchayati raj institutions
under the chairmanship of Ashok Mehta. It
submitted it report in August 1978 and made 132
recommendations to revive and strengthen the
declining panchayati raj system in the country.
Due to the collapse of the Janata Government
before the completion of its term, no action could be
taken on the recommendations of the Ashok Mehta
Committee at the central level. However, the three
states of Karnataka, West Bengal and Andhra
Pradesh took steps to revitalise the panchayati raj,
keeping in view some of the recommendations of the
Ashok Mehta Committee.
iii) G V K Rao Committee
G.V.K. Rao was appointed by the Planning
Commission in 1985. The Committee came to
conclusion that the developmental process was
gradually bureaucratised and divorced from the
Panchayati Raj.
iv) L M Singhvi Committee
In 1986, Rajiv Gandhi government appointed a
committee on ‘Revitalisation of Panchayati Raj
Institutions for Democracy and Development’ under
the chairmanship of L M Singhvi. It made the
following recommendations.
The Panchayati Raj institutions should be
constitutionally recognised, protected and preserved.
For this purpose, a new chapter should be added in
the Constitution of India. This will make their
identity and integrity reasonably and substantially
inviolate.
Constitutionalisation
Rajiv Gandhi Government the Rajiv Gandhi
Government introduced the 64th Constitutional
Amendment Bill in the Lok Sabha in July 1989 to
constitutionalise panchayati raj institutions.
Although, the Lok Sabha passed the bill in August
1989, it was not approved by the Rajya Sabha. The bill
was vehemently opposed by the Opposition on the
ground that it sought to strengthen centralisation in
the federal system.
V P Singh Government a constitutional amendment
bill was introduced in the Lok Sabha in September
1990. However, the fall of the government resulted in
the lapse of the bill.
33
Narasimha Rao Government the Congress
Government under the prime ministership of P V
Narasimha Rao once again considered the matter of
the constitutionalisation of panchayati raj bodies. It
drastically modified the proposals in this regard to
delete the controversial aspects and introduced a
constitutional amendment bill in the Lok Sabha in
September 1991.
This bill finally emerged as the 73rd Constitutional
Amendment Act, 1992 and came into force on 24
April, 19932.
73rd Amendment Act of 1992
Significance of the Act
This act has added a new Part-IX to the
Constitution of India. It is entitled as ‘The
Panchayats’ and consists of provisions from Articles
243 to 243 O. In addition, the act has also added a
new Eleventh Schedule to the Constitution.
Salient Features
Gram Sabha The act provides for a Gram Sabha as
the foundation of the panchayati raj system. It is a
body consisting of persons registered in the electoral
rolls of a village comprised within the area of
Panchayat at the village level.
Three-Tier System The act provides for a three-tier
system of panchayati raj in every state, that is,
panchayats at the village, intermediate, and district
levels.
Election of Members and Chairpersons All the
members of panchayats at the village, intermediate
and district levels shall be elected directly by the
people. Further, the chairperson of panchayats at the
intermediate and district levels shall be elected
indirectly— by and from amongst the elected
members
Reservation of Seats The act provides for the
reservation of seats for scheduled castes and
scheduled tribes in every panchayat (i.e., at all the
three levels) in proportion of their population to the
total population in the panchayat area.
Duration of Panchayats The act provides for a five-
year term of office to the panchayat at every level.
However, it can be dissolved before the completion of
its term.
State Election Commission The superintendence,
direction and control of the preparation of electoral
rolls and the conduct of all elections to the
panchayats shall be vested in the state election
commission.
Powers and Functions (a) the preparation of plans
for economic development and social justice; (b) the
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
implementation of schemes for economic
development and social justice as may be entrusted to
them, including those in relation to the 29 matters
listed in the Eleventh Schedule.
Finances The state legislature may (a) authorise a
panchayat to levy, collect and appropriate taxes,
duties, tolls and fees; (b) assign to a panchayat taxes,
duties, tolls and fees levied and collected by the state
government; (c) provide for making grants-in-aid to
the panchayats from the consolidated fund of the
state; and (d) provide for constitution of funds for
crediting all moneys of the panchayats.
Finance Commission The governor of a state shall,
after every five years, constitute a finance
commission to review the financial position of the
panachayats.
2) MUNICIPALITIES
Signifies the governance of an urban area by the
people through their elected representatives.
There are eight types of urban local governments in
India— municipal corporation, municipality, notified
area committee, town area committee, cantonment
board, township, port trust and special purpose
agency.
The system of urban government was
constitutionalised through the 74th Constitutional
Amendment Act of 1992.
Evolution of Urban Bodies
Urban local government originated and developed
in India during the period of British rule.
(i) In 1687-88, the first municipal corporation in
India was set up at Madras.
(ii) In 1726, the municipal corporations were set up
in Bombay and Calcutta.
(iii) Lord Ripon’s Resolution of 1882 has been
hailed as the ‘Magna Carta’ of local self-government.
He is called as the father of local-self-government in
India.
In August 1989, the Rajiv Gandhi government
introduced 65th Constitutional Amendment Bill (i.e.,
Nagarpalika Bill) in the Lok Sabha. The bill aimed at
strengthening the municipal bodies by conferring a
constitutional status. The bill was passed in Lok
Sabha & defeated in Rajya Sabha hence, lapsed.
The Government under V P Singh introduced the
revised Nagarpalika Bill in Lok Sabha again in
September 1990. However, the bill lapsed due to the
dissolution of the Lok Sabha.
P V Narasimha Rao’s Government also introduced
the modified Municipalities Bill in the Lok Sabha in
September 1991. It finally emerged as the 74th
Constitutional Amendment Act of 1992 and came
into force on 1 June 19932.
34
74th Amendment Act of 1992
It added a new Part IX-A to the Constitution of
India, ‘The Municipalities’ and consists of provisions
from Articles 243-P to 243-ZG. This act has also
added a new Twelfth Schedule to the Constitution.
The act gave constitutional status to the
municipalities. In other words, state governments are
under constitutional obligation to adopt the new
system of municipalities in accordance with the
provisions of the act.
Salient Features
Three Types of Municipalities
1. A nagar panchayat for a transitional area, that is,
an area in transition from a rural area to an urban
area.
2. A municipal council for a smaller urban area.
3. A municipal corporation for a larger urban area.
Composition All the members of a municipality shall
be elected directly by the people of the municipal
area. For this purpose, each municipal area shall be
divided into territorial constituencies to be known as
wards.
Duration of Municipalities The act provides for a
five-year term of office for every municipality.
However, it can be dissolved before the completion of
its term. The superintendence, direction and control
of the preparation of electoral rolls and the conduct of
all elections to the municipalities shall be vested in
the state election commission.
Finances The state legislature authorize a
municipality to levy, collect and appropriate taxes,
duties, tolls and fees.
Finance Commission The finance commission (which
is constituted for the panchayats) shall also, review
the financial position of municipalities and make
recommendation to the governor.
District Planning Committee Every state shall
constitute, a district planning committee to
consolidate the plans prepared by panchayats and
municipalities in the district, and to prepare a draft
development plan for the district as a whole.
Metropolitan Planning Committee Every
metropolitan area shall have a metropolitan planning
committee to prepare a draft development plan.
Types of Urban Governments
1) Municipal Corporation
Created for the administration of big cities like
Delhi, Mumbai, Kolkata and others. They are
established in the states by the acts of the concerned
state legislatures, and in the union territories by the
acts of the Parliament of India.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
A municipal corporation has three authorities,
namely, the council, the standing committees and the
commissioner.
The Council is the legislative wing of the
corporation. It consists of the Councillors directly
elected by the people, as well as a few nominated
persons having knowledge or experience of
municipal administration. The Council is headed by a
Mayor. He is assisted by a Deputy Mayor.
The standing committees are created to facilitate the
working of the council. They deal with public works,
education, health, taxation, finance and so on. They
take decisions in their fields.
The municipal commissioner is responsible for the
implementation of the decisions taken by the council
and its standing committees. Thus, he is the chief
executive authority of the corporation. He is
appointed by the state government and is generally a
member of the IAS.
2. Municipality
The municipalities are established for the
administration of towns and smaller cities. Like the
corporations, they are also set up in the states by the
acts of the concerned state legislatures and in the
union territory by the acts of the Parliament of India.
Like a municipal corporation, a municipality also
has three authorities, namely, the council, the
standing committees and the chief executive officer.
3. Notified Area Committee A notified area
committee is created for the administration of two
types of areas— a fast developing town due to
industrialisation, and a town which does not yet fulfil
all the conditions necessary for the constitution of a
municipality, but which otherwise is considered
important by the state government. Since it is
established by a notification in the government
gazette, it is called as notified area committee.
4. Town Area Committee A town area committee is
set up for the administration of a small town.
5. Cantonment Board A cantonment board is
established for municipal administration for civilian
population in the cantonment area. A cantonment
area is a delimited area where the military forces and
troops are permanently stationed.
It is set up under the provisions of the Cantonments
Act of 2006, a legislation enacted by the Central
government. It works under the administrative
control of the defence ministry of the Central
government. Thus, unlike the above four types of
urban local bodies, which are created and
administered by the state government, a cantonment
35
board is created as well as administered by the
Central government.
6. Township This type of urban government is
established by the large public enterprises to provide
civic amenities to its staff and workers who live in the
housing colonies built near the plant.
7. Port Trust The port trusts are established in the
port areas like Mumbai, Kolkata, Chennai and so on
for two purposes: (a) to manage and protect the ports;
and (b) to provide civic amenities.
8. Special Purpose Agency
Local Bodies in Tamil Nadu
➢ Urban local bodies include
12 Municipal corporations,
148 Municipalities and
561 Town panchayats.
➢ Rural local bodies include
12,524 Village Panchayats,
388 Panchayat Unions, and
31 District Panchayats.
26. UNION TERRITORIES
The union territories are those areas which are
under the direct control and administration of the
Central government. Hence, they are also known as
‘centrally administered territories.
The territories that were acquired from the
Portuguese (Goa, Daman and Diu, and Dadra and
Nagar Haveli) and the French (Puducherry) were
constituted as the union territories.
Administration of Union Territories
Articles 239 to 241 in Part VIII of the Constitution
deal with the union territories. Even though all the
union territories belong to one category, there is no
uniformity in their administrative system.
Every union territory is administered by the
President through an administrator appointed by
him. An administrator of a union territory is an agent
of the President and not head of state like a governor.
The administrator may be Lieutenant Governor or
Chief Commissioner or Administrator. (It is
Lieutenant Governor in the case of Delhi, Puducherry
and Andaman and Nicobar Islands) and
(Administrator in the case of Chandigarh, Dadra and
Nagar Haveli, Daman and Diu and Lakshadweep).
The Union Territories of Puducherry (in 1963) and
Delhi (in 1992) are provided with a legislative
assembly and a council of ministers headed by a chief
minister (The Assembly of Puducherry consists of 30
members while that of Delhi 70 members). The
remaining five union territories do not have political
institutions.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
 The Parliament can make laws on any subject of
the three lists (including State List) for the union
territories. This power of Parliament also extends to
Puducherry and Delhi, which have their own
legislatures.
The Parliament can establish a high court for a
union territory or put it under the jurisdiction of the
high court of adjacent state. Delhi is the only union
territory that has a high court of its own (since 1966).
Union Territories High Court’s Jurisdiction
Dadra & Nagar Haveli
Bombay
Daman & Diu
Andaman & Nocobar Calcutta
Islands
Chandigarh Punjab and Haryana
Lakshadweep Kerala
Puducherry Madras
27. CONSTITUTIONAL BODIES
1) ELECTION COMMISSION
The Election Commission (inception in 1950) is a
permanent and an independent body established to
ensure free and fair elections in the country.
Article 324 provides that the power of
superintendence, direction and control of elections to
parliament, state legislatures, the office of president
of India and the office of vice-president of India shall
be vested in the election commission.
The election commission is not concerned with the
elections to panchayats and muncipalities in the
states. For this, the Constitution of India provides
separate State Election Commission.
It Consists of Chief Election Commissioner and two
Election Commissioners appointed by President for a
tenure of six years, or up to the age of 65 years,
whichever is earlier.
Status, salary and perks of election commissioners
are equivalent to Judges of the Supreme Court.
The Chief Election Commissioner can be removed
from office only through impeachment by
Parliament.
During the election process, the entire Central and
state government machinery (including paramilitary
and police forces) is deemed to be on deputation to
the Commission.
Demarcation of constituencies is done by election
commission.
To prepare and periodically revise electoral rolls
and to register all eligible voters.
At the state level, the Election Commission is
assisted by the chief electoral officer who is
appointed by the chief election commissioner in
consultation with the state government. Below this, at
36
the district level, the collector acts as the district
returning officer. He appoints a returning officer for
every constituency in the district and presiding
officer for every polling booth in the constituency.
2) UNION PUBLIC SERVICE COMMISSION
The Union Public Service Commission (UPSC) is
the central recruiting agency in India. Articles 315 to
323 in Part XIV of the Constitution contain elaborate
provisions regarding the composition, appointment
and removal of members along with the
independence, powers and functions of the UPSC.
The UPSC consists of a chairman and other
members appointed by the president. The strength of
the Commission has left to the discretion of the
president.
The Chairman and other members of a Public
Service Commission are appointed, by the President,
and in the case of a State Commission, by the
Governor of the State.
Chairman and members of the Commission hold
office for a term of six years or until they attain the
age of 65 years, whichever is earlier.
Chairman or any other member of a Public Service
Commission shall only be removed from his office by
order of the President on the ground of misbehavior.
3) STATE PUBLIC SERVICE COMMISSION
All are same except; A State Public Service
Commission consists of a chairman and other
members appointed by the governor of the state and
Removed by President.
The Constitution does not specify the strength of
the Commission but has left the matter to the
discretion of the Governor.
The chairman and members of the Commission
hold office for a term of six years or until they attain
the age of 62 years, whichever is earlier.
Joint State Public Service Commission
The Constitution makes a provision for the
establishment of a Joint State Public Service
Commission (JSPSC) for two or more states. While
the UPSC and the SPSC are created directly by the
Constitution, a JSPSC can be created by an act of
Parliament on the request of the state legislatures
concerned. Thus, a JSPSC is a statutory and not a
constitutional body.
The chairman and members of a JSPSC are
appointed by the president. They hold office for a
term of six years or until they attain the age of 62
years, whichever is earlier.
4) FINANCE COMMISSION
Article 280 of the Constitution of India provides for
a Finance Commission.
It is constituted by the president of India every fifth
year or at such earlier time as he considers necessary.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
Composition
The Finance Commission consists of a chairman
and four other members to be appointed by the
president. They hold office for such period as
specified by the president in his order. They are
eligible for reappointment.
Functions
The Finance Commission is required to make
recommendations to the president of India on the
following matters:
1. The distribution of the net proceeds of taxes to be
shared between the Centre and the states
2. The principles that should govern the grants-in-aid
to the states by the Centre (i.e., out of the
consolidated fund of India).
3. The measures needed to augment the consolidated
fund of a state to supplement the resources of the
panchayats and the municipalities in the state on the
basis of the recommendations made by the state
finance commission.
4. Any other matter referred to it by the president in
the interests of sound finance.
Advisory Role
It must be clarified here that the recommendations
made by the Finance Commission are only of
advisory nature and hence, not binding on the
government. It is up to the Union government to
implement its recommendations on granting money
to the states.
5) NATIONAL COMMISSION FOR SCHEDULED
CASTES (SCs)
The National Commission for Scheduled Castes
(SCs) is a constitutional body established by Article
338 of the Constitution. On the other hand, the other
national commissions like the National Commission
for Women (1992), the National Commission for
Minorities (1993), the National Commission for
Backward Classes (1993), the National Human Rights
Commission (1993) and the National Commission for
Protection of Child Rights (2007) are statutory bodies,
that they are established by acts of the Parliament.
The 89th Constitutional Amendment Act of 2003
bifurcated the combined National Commission for
SCs and STs into two separate bodies, namely,
National Commission for Scheduled Castes (under
Article 338) and National Commission for Scheduled
Tribes (under Article 338-A).
Functions of the Commission
The functions of the Commission are:
(a) To investigate and monitor all matters relating to
the constitutional and other legal safeguards for the
SCs and to evaluate their working;
(b) To participate and advise on the planning process
of socio-economic development of the SCs.
37
(c) To present to the President, annually and at such
other times as it may deem fit, reports upon the
working of those safeguards;
(d) To make recommendations to the Union or a state
for the effective implementation of those safeguards
and other measures for the protection, welfare and
socio-economic development of the SCs.
6) NATIONAL COMMISSION FOR SCHEDULED
TRIBES (SCs)
The National Commission for Scheduled Tribes
(STs) is a constitutional body established by Article
338-A of the Constitution.
The separate National Commission for STs came
into existence in 2004. It consists of a chairperson, a
vice-chairperson and three other members. They are
appointed by the President by warrant under his
hand and seal. Their conditions of service and tenure
of office are also determined by the President.
7) SPECIAL OFFICER FOR LINGUISTIC
MINORITIES
Originally, the Constitution of India did not make
any provision with respect to the Special Officer for
Linguistic Minorities.
Later, the States Reorganisation Commission (1953-
55) made a recommendation in this regard.
Accordingly, the 7th Constitutional Amendment
Act of 1956 inserted a new Article 350-B in Part XVII
of the Constitution.
This article contains the following provisions:
1. There should be a Special Officer for Linguistic
Minorities. He is to be appointed by the President of
India.
2. It would be the duty of the Special Officer to
investigate all matters relating to the safeguards
provided for linguistic minorities under the
Constitution. He would report to the President upon
those matters at such intervals as the President may
direct. The Constitution does not specify the
qualifications, tenure, salaries and allowances, service
conditions and procedure for removal of the Special
Officer for Linguistic Minorities.
8) COMPTROLLER AND AUDITOR GENERAL
OF INDIA
The Constitution of India under Article 148
provides for an independent office of the Comptroller
and Auditor General of India (CAG).
He is the head of the Indian Audit and Accounts
Department (was created during the British rule in
1753). He is the guardian of the public purse and
controls the entire financial system of the country at
both the levels the Centre and the state.
The CAG is appointed by the president of India by
a warrant under his hand and seal. He holds office
for a period of six years or upto the age of 65 years,
whichever is earlier.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
 He can resign any time from his office by
addressing the resignation letter to the president. He
can also be removed by the president on same
grounds and in the same manner as a judge of the
Supreme Court. His salary is equal to that of a judge
of the Supreme Court.
Duties and Powers
He audits the accounts related to all expenditure
from the Consolidated Fund of India, consolidated
fund of each state and consolidated fund of each
union territory having a Legislative Assembly.
He audits all expenditure from the Contingency
Fund of India and the Public Account of India as well
as the contingency fund of each state and the public
account of each state.
He audits all trading, manufacturing, profit and
loss accounts, balance sheets and other subsidiary
accounts kept by any department of the Central
Government and state governments.
9) ATTORNEY GENERAL OF INDIA
The Constitution (Article 76) has provided for the
office of the Attorney General for India. He is the
highest law officer in the country.
The Attorney General (AG) is appointed by the
president. He must be a person who is qualified to be
appointed a judge of the Supreme Court.
The term of office of the AG is not fixed by the
Constitution. Further, the Constitution does not
contain the procedure and grounds for his removal.
He holds office during the pleasure of the president.
This means that he may be removed by the president
at any time. He may also quit his office by submitting
his resignation to the president. Conventionally, he
resigns when the government (council of ministers)
resigns or is replaced, as he is appointed on its
advice.
Duties and Functions
To appear on behalf of the Government of India in
all cases in the Supreme Court in which the
Government of India is concerned.
To represent the Government of India in any
reference made by the president to the Supreme
Court under Article 143 of the Constitution.
To appear (when required by the Government of
India) in any high court in any case in which the
Government of India is concerned.
Limitations
He should not advise or hold a brief against the
Government of India.
He should not defend accused persons in criminal
prosecutions without the permission of the
Government of India.
He should not accept appointment as a director in
any company or corporation without the permission
of the Government of India.
38
Solicitor General of India
In addition to the AG, there are other law officers
of the Government of India. They are the solicitor
general of India and additional solicitor general of
India. They assist the AG in the fulfilment of his
official responsibilities.
Only the office of the AG is created by the
Constitution. In other words, Article 76 does not
mention about the solicitor general and additional
solicitor general.
10) ADVOCATE GENERAL OF THE STATE
The Constitution (Article 165) has provided for the
office of the advocate general for the states. He is the
highest law officer in the state.
The advocate general is appointed by the governor.
He must be a person who is qualified to be appointed
a judge of a high court.
The term of office of the advocate general is not
fixed by the Constitution. Further, the Constitution
does not contain the procedure and grounds for his
removal. He holds office during the pleasure of the
governor. This means that he may be removed by the
governor at any time. He may also quit his office by
submitting his resignation to the governor.
Conventionally, he resigns when the government
(council of ministers) resigns or is replaced, as he is
appointed on its advice.
28. NON-CONSTITUTIONAL BODIES
1) NATIONAL DEVELOPMENT COUNCIL
The National Development Council (NDC) was
established in August 1952 by an executive resolution
of the Government of India on the recommendation
of the first five-year plan.
Composition
The NDC is composed of the following members.
1. Prime minister of India (as its chairman/ head).
2. All Union cabinet ministers.
3. Chief ministers of all states.
4. Chief ministers/ administrators of all union
territories.
5. Members of the Planning Commission (now NITI
AAYOG).
2) NATIONAL HUMAN RIGHTS COMMISSION
It was established in 1993 under a legislation
enacted by the Parliament, namely, the Protection of
Human Rights Act, 19931.
The commission is the watchdog of human rights
in the country, the rights relating to life, liberty,
equality and dignity of the individual guaranteed by
the Constitution or embodied in the international
covenants and enforceable by courts in India.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
Composition of the Commission
The commission is a multi-member body consisting
of a chairman and four members.
The chairman should be a retired chief justice of
India, and members should be serving or retired
judges of the Supreme Court, a serving or retired
chief justice of a high court and two persons having
knowledge or practical experience with respect to
human rights.
In addition to these full-time members, the
commission also has four ex-officio members the
chairmen of the National Commission for Minorities,
the National Commission for SCs, the National
Commission for STs and the National Commission
for Women.
The chairman and members are appointed by the
president on the recommendations of a six-member
committee consisting of the prime minister as its
head, the Speaker of the Lok Sabha, the Deputy
Chairman of the Rajya Sabha, leaders of the
Opposition in both the Houses of Parliament and the
Central home minister.
Further, a sitting judge of the Supreme Court or a
sitting chief justice of a high court can be appointed
only after consultation with the chief justice of India.
The chairman and members hold office for a term
of five years or until they attain the age of 70 years,
whichever is earlier.
the president can also remove the chairman or any
member on the ground of proved misbehaviour or
incapacity. However, in these cases, the president has
to refer the matter to the Supreme Court for an
inquiry. If the Supreme Court, after the inquiry,
upholds the cause of removal and advises so, then the
president can remove the chairman or a member.
Functions of the Commission
a) To inquire into any violation of human rights or
negligence in the prevention of such violation by a
public servant, either suo motu or on a petition
presented to it or on an order of a court.
b) To visit jails and detention places to study the
living conditions of inmates and make
recommendation thereon.
c) To review the constitutional and other legal
safeguards for the protection of human rights and
recommend measures for their effective
implementation.
Working of the Commission
It is vested with the power to regulate its own
procedure. It has all the powers of a civil court and
its proceedings have a judicial character.
It may call for information or report from the
Central and state governments or any other authority
subordinate thereto. The commission has its own
nucleus of investigating staff for investigation into
complaints of human rights violations.
39
Besides, it is empowered to utilise the services of
any officer or investigation agency of the Central
government or any state government for the purpose.
The commission is not empowered to inquire into
any matter after the expiry of one year from the date
on which violation of human rights is alleged to have
been committed. In other words, it can look into a
matter within one year of its occurrence.
Role of the Commission
It is clear that the functions of the commission are
mainly recommendatory in nature. It has no power to
punish the violators of human rights, nor to award
any relief including monetary relief to the victim.
3) STATE HUMAN RIGHTS COMMISSION
The Protection of Human Rights Act of 1993
provides for the creation of not only the National
Human Rights Commission but also a State Human
Rights Commission at the state level.
Consisting of a chairperson and two members. The
chairperson should be a retired Chief Justice of a
High Court and members should be a serving or
retired judge of a High Court or a District Judge in
the state with a minimum of seven years’ experience
and a person having knowledge or practical
experience with respect to human rights.
The chairperson and members are appointed by
the Governor on the recommendations of a
committee consisting of the chief minister as its head,
the speaker of the Legislative Assembly, the state
home minister and the leader of the opposition in the
Legislative Assembly. In the case of a state having
Legislative Council, the chairman of the Council and
the leader of the opposition in the Council would also
be the members of the committee.
Further, a sitting judge of a High Court or a sitting
District Judge can be appointed only after
consultation with the Chief Justice of the High Court
of the concerned state. The chairperson and members
hold office for a term of five years or until they attain
the age of 70 years, whichever is earlier.
4) CENTRAL INFORMATION COMMISSION
The Central Information Commission was
established by the Central Government in 2005. It
was constituted through an Official Gazette
Notification under the provisions of the Right to
Information Act (2005).
Composition
The Commission consists of a Chief Information
Commissioner and not more than ten Information
Commissioners. They are appointed by the President
on the recommendation of a committee consisting of
the Prime Minister as Chairperson, the Leader of
Opposition in the Lok Sabha and a Union Cabinet
Minister nominated by the Prime Minister.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
 They should be persons of eminence in public life
with wide knowledge and experience in law, science
and technology, social service, management,
journalism, mass media or administration and
governance.
The Chief Information Commissioner and an
Information Commissioner hold office for a term of
5 years or until they attain the age of 65 years,
whichever is earlier. They are not eligible for
reappointment.
5) STATE INFORMATION COMMISSION
The Right to Information Act of 2005 provides for
the creation of not only the Central Information
Commission but also a State Information
Commission at the state level.
All things are same as CIC but within the state level.
6) CENTRAL VIGILANCE COMMISSION
The Central Vigilance Commission (CVC) is the
main agency for preventing corruption in the Central
government. It was established in 1964 by an
executive resolution of the Central government. Its
establishment was recommended by the Santhanam
Committee on Prevention of Corruption.
Composition
The CVC is a multi-member body consisting of a
Central Vigilance Commissioner (chairperson) and
not more than two vigilance commissioners. They are
appointed by the president on the recommendation
of a three-member committee consisting of the prime
minister as its head, the Union minister of home
affairs and the Leader of the Opposition in the Lok
Sabha. They hold office for a term of four years or
until they attain the age of sixty-five years, whichever
is earlier.
7) CENTRAL BUREAU OF INVESTIGATION
The Central Bureau of Investigation (CBI) was set
up in 1963 by a resolution of the Ministry of Home
Affairs. The establishment of the CBI was
recommended by the Santhanam Committee on
Prevention of Corruption (1962 -1964).
The CBI is the main investigating agency of the
Central Government. It plays an important role in the
prevention of corruption and maintaining integrity in
administration. It also provides assistance to the
Central Vigilance Commission.
Organisation of CBI
At present (2016), the CBI has the following divisions:
1. Anti-Corruption Division
2. Economic Offences Division
3. Special Crimes Division
4. Policy and International Police Cooperation
Division
5. Administration Division
40
6. Directorate of Prosecution
7. Central Forensic Science Laboratory.
The Director of the CBI is appointed by the Central
Government on the recommendation of a committee
consisting of the Central Vigilance Commissioner as
Chairperson, the Vigilance Commissioners, the
Secretary to the Government of India in-charge of the
Ministry of Home Affairs and the Secretary
(Coordination and Public Grievances) in the Cabinet
Secretariat.
Functions of CBI
Investigating cases of corruption, bribery and
misconduct of Central government employees.
Investigating serious crimes, having national and
international ramifications, committed by organised
gangs of professional criminals.
Coordinating the activities of the anti-corruption
agencies and the various state police forces.
Taking up, on the request of a state government, or
when directed by the Supreme Court/ High Courts,
any case of public importance for investigation.
Maintaining crime statistics and disseminating
criminal information.
CBI Academy
The CBI Academy is located at Ghaziabad, Uttar
Pradesh and started functioning in 1996.
The vision of the CBI Academy is “Excellence in
Training in the Fields of Crime Investigation,
Prosecution and Vigilance Functioning” and its
mission is to train the human resources of CBI, state
police and the vigilance organisations to become
professional, industrious, impartial, upright and
dedicated to the service of the nation.
Beside the CBI Academy at Ghaziabad, there are
three regional training centres at Kolkata, Mumbai
and Chennai.
8) LOKPAL and LOKAYUKTAS
Lokpal
The Administrative Reforms Commission (ARC) of
India (1966–1970) recommended the setting up of two
special authorities designated as ‘Lokpal’ and
‘lokayukta’ for the redressal of citizens’ grievances.
These institutions were to be set up on the pattern
of the institution of Ombudsman in Scandinavian
(The institution of Ombudsman was first created in
Sweden in 1809) countries and the parliamentary
commissioner for investigation in New Zealand.
The Lokpal would deal with complaints against
ministers and secretaries at Central and state levels,
and the lokayukta (one at the Centre and one in every
state) would deal with complaints against other
specified higher officials.
According to the ARC, the Lokpal would be
appointed by the president after consultation with
the chief justice of India, the Speaker of Lok Sabha
and the Chairman of the Rajya Sabha.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
 The Government of India accepted the
recommendations of ARC. So far, ten official attempts
have been made to bring about legislation on this
subject.
Bills were introduced in the Parliament in the
following years:
1. In May 1968, by the Congress Government.
2. In April 1971, again by the Congress Government.
3. In July 1977, by the Janata Government.
4. In August 1985, by the Congress Government.
5. In December 1989, by the National Front
Government.
6. In September 1996, by the United Front
Government.
7. In August 1998, by the BJP-led coalition
Government.
8. In August 2001, by the NDA government.
9. In August 2011, by the UPA government.
10. In December 2011, by the UPA government.
However, none of the bills mentioned above were
passed by the Parliament due to one or the other
reasons.
Government introduced a new comprehensive
Lokpal and Lokayuktas Bill, 2011 in the Lok Sabha on
22.12.2011 to establish the institution of Lokpal at the
Centre and Lokayukta at the level of states.
The Bill provides a uniform vigilance and anti-
corruption road map for the nation, both at Centre
and states.
The Government also introduced the Constitution
116th Amendment Bill, 2011 to provide for the
Constitutional status to these bodies.
These Bills were taken up for consideration by the
Lok Sabha on 27th December 2011. The Lokpal and
Lokayuktas Bill, 2011 was passed with certain
amendments whereas the Constitution 116th
Amendment Bill, 2011 could not be passed with the
requisite majority required for Constitutional
amendments. The Lokpal and Lokayuktas Bill, 2011
was taken up for discussion in the Rajya Sabha on
29th December 2011. The discussion remained
inconclusive and the Lokpal and Lokayuktas Bill,
2011 is yet to be passed by the Rajya Sabha.
The Bill has been finally passed by Rajya Sabha
with amendments on 17.12.2013 and the Lok Sabha
has agreed to the amendments made by Rajya Sabha
on 18.12.2013. The Bill as passed by both Houses has
received the assent of the President on 01.01.2014.
The Act has been brought into force with effect from
16th January 2014.
Features
It seeks to establish the institution of the Lokpal at
the Centre and the Lokayukta at the State and thus
seeks to provide a uniform vigilance and anti-
corruption road map for the nation both at the Centre
and at the States.
The jurisdiction of Lokpal includes the Prime
Minister, Ministers, Members of Parliament and
41
Groups A, B, C and D officers and officials of the
Central Government.
The Lokpal to consist of a Chairperson with a
maximum of 8 members of which 50% shall be
judicial members and 50% of the members shall come
from amongst the SCs, the STs, the OBCs, minorities
and women.
The selection of the Chairperson and the members
of Lokpal shall be through a Selection Committee
consisting of the Prime Minister, the Speaker of the
Lok Sabha, the Leader of the Opposition in the Lok
Sabha, the Chief Justice of India or a sitting Supreme
Court Judge nominated by the Chief Justice of India
and an eminent jurist to be nominated by the
President of India on the basis of recommendations of
the first four members of the selection committee.
Lokayuktas
Even much before the enactment of the Lokpal and
Lokayuktas Act (2013) itself, many states had already
set up the institution of Lokayuktas. It must be noted
here that the institution of lokayukta was established
first in Maharashtra in 1971. Although Odisha had
passed the Act in this regard in 1970, it came into
force only in 1983.
Till 2013, 21 states and 1 Union Territory (Delhi)
have established the institution of Lokyuktas.
The Tamil Nadu Legislative Assembly passed the
Lokayukta bill on July 09, 2018.
29. OTHER CONSTITUTIONAL DIMENSIONS
1) Co-Operative Societies
The 97th Constitutional Amendment Act of 2011
gave a constitutional status and protection to co-
operative societies.
In this context, it made the following three changes in
the constitution:
1. It made the right to form co-operative societies a
fundamental right (Article 19).
2. It included a new Directive Principle of State
Policy on promotion of co-operative societies (Article
43-B).
3. It added a new Part IX-B in the Constitution which
is entitled “The Co-operative Societies” (Articles 243-
ZH to 243-ZT).
2) Official Language
Part XVII of the Constitution deals with the official
language in Articles 343 to 351.
Its provisions are divided into four heads:
Language of the Union, Regional languages,
Language of the judiciary and texts of laws and
Special directives.
Language of the Union
Hindi written in Devanagari script is to be the
official language of the Union. But, the form of
numerals to be used for the official purposes of the
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
Union has to be the international form of Indian
numerals and not the Devanagari form of numerals.
However, from 1950 to 1965, the English language
would continue to be used for all the official
purposes of the Union.
In 1955, the president appointed an Official
Language Commission under the chairmanship of BG
Kher. The commission submitted its report to the
President in 1956.
The Parliament enacted the Official Language Act
in 1963. The act provides for the continued use of
English (even after 1965), in addition to Hindi, for all
official purposes of the Union and also for the
transaction of business in Parliament. Notably, this
act enables the use of English indefinitely (without
any time-limit).
Regional Languages
The legislature of a state may adopt any one or
more languages in the state or Hindi as the official
language of that state. Until that is done, English is to
continue as official language of that state.
Under this provision, most of the states have
adopted the major regional language as their official
language.
The Official Language Act (1963) lays down that
English should be used for purposes of
communication between the Union and the non-
Hindi states (that is, the states that have not adopted
Hindi as their official language).
Language of the Judiciary and Texts of Laws
Until Parliament provides otherwise, the following
are to be in the English language only:
(a) All proceedings in the Supreme Court and in
every high court.
(b) The authoritative texts of all bills, acts, ordinances,
orders, rules, regulations and bye-laws at the Central
and state levels.
However, the governor of a state, with the consent
of the president, can authorise the use of Hindi or any
other official language of the state, in the proceedings
in the high court of the state, but not with respect to
the judgements, decrees and orders passed by it.
Similarly, a state legislature can prescribe the use of
any language (other than English) with respect to
bills, acts, ordinances, orders, rules, regulations or
bye-laws, but a translation of the same in the English
language is to be published.
Special Directives
The Constitution contains certain special directives
to protect the interests of linguistic minorities and to
promote the development of Hindi language.
3) Public Services
The public services in India are classified into three
categories— All-India services, Central services and
State services.
42
All-India Services
All-India services are those services which are
common to both Central and state governments. The
members of these services occupy top positions (or
key posts) under both the Centre and the states and
serve them by turns.
At present, there are three all-India services.
1) Indian Administrative Service (IAS)
2) Indian Police Service (IPS)
3) Indian Forest Service (IFS)
In 1947, the Indian Civil Service (ICS) was replaced
by IAS, and the Indian Police (IP) was replaced by
IPS and were recognised by the Constitution as all-
India services. In 1966, the Indian Forest Service was
established as the third all-India service.
The all-India services are controlled jointly by the
Central and state governments. The ultimate control
lies with the Central government while the
immediate control is vested in the state governments.
Any disciplinary action (imposition of penalties)
against these officers can only be taken by the Central
government.
Sardar Vallabhbhai Patel was the chief protagonist
of all-India services in the Constituent Assembly.
Hence, he came to be regarded as the ‘Father of all-
India Services’.
Central Services
The personnel of Central services work under the
exclusive jurisdiction of the Central government.
They hold specialised positions in various
departments of the Central government.
The Central services were classified into group A,
group B, group C and group D, respectively.
The group C Central services consists of clerical
personnel while group D consists of manual
personnel. Thus, group A and group B comprises of
gazetted officers while group C and group D are non-
gazetted.
State Services
The personnel of state services work under the
exclusive jurisdiction of the state government. They
hold different positions in the departments of the
state government.
Like the Central services, the state services are also
classified into four categories: class I (group I or
group A), class II (group II or group B), class III
(group III or group C) and class IV (group IV or
group D).
Further, the state services are also classified into
gazetted class and non-gazetted class. Usually, Class I
(Group-A) and Class-II (Group-B) Services are
gazetted classes while Class-III (Group-C) and Class-
IV (Group-D) services are non-gazetted classes.
Constitutional Provisions
Articles 308 to 314 in part XIV of the Constitution
contain provisions with regard to all-India services,
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
Central services and state services. Article 308 makes
it clear that these provisions do not apply to the state
of Jammu and Kashmir.
Article 312 makes the following provisions in respect
of all-India services:
The Parliament can create new all-India services
(including an all-India judicial service), if the Rajya
Sabha passes a resolution declaring that it is
necessary or expedient in the national interest to do
so. Such a resolution in the Rajya Sabha should be
supported by two-thirds of the members present and
voting.
Though the 42nd Amendment Act of 1976 made the
provision for the creation of all-India judicial service,
no such law has been made so far.
4) Tribunals
The original Constitution did not contain
provisions with respect to tribunals. The 42nd
Amendment Act of 1976 added a new Part XIV-A to
the Constitution. This part is entitled as ‘Tribunals’
and consists of only two Articles— Article 323 A
dealing with administrative tribunals and
Article 323 B dealing with tribunals for other matters.
Administrative Tribunals
Article 323 A empowers the Parliament to provide
for the establishment of administrative tribunals for
the adjudication of disputes relating to recruitment
and conditions of service of persons appointed to
public services of the Centre, the states, local bodies,
public corporations and other public authorities.
The Parliament has passed the Administrative
Tribunals Act in 1985. The act authorises the Central
government to establish one Central administrative
tribunal and the state administrative tribunals. This
act opened a new chapter in the sphere of providing
speedy and inexpensive justice to the aggrieved
public servants.
Tribunals for Other Matters
Under Article 323 B, the Parliament and the state
legislatures are authorised to provide for the
establishment of tribunals for the adjudication of
disputes relating to the following matters:
(a) Taxation (b) Foreign exchange, import and export (c)
Industrial and labour (d) Land reforms (e) Ceiling on
urban property (f) Elections to Parliament and state
legislatures (g) Food stuffs (h) Rent and tenancy rights
30. POLITICAL DYNAMICS
1) Political Parties
There are four types of political parties in the
modern democratic states, (i) reactionary parties
which cling to the old socio-economic and political
institutions; (ii) conservative parties which believe in
the status-quo; (iii) liberal parties which aim at
reforming the existing institutions; and (iv) radical
43
parties which aim at establishing a new order by
overthrowing the existing institutions.
In their classification of political parties on the
basis of ideologies, the political scientists have placed
the radical parties on the left and the liberal parties
in the centre and reactionary and conservative
parties on the right. In other words, they are
described as the leftist parties, centrist parties and the
rightist parties. In India, the CPI and CPM are the
examples of leftist parties, the Congress of centrist
parties and the BJP is an example of rightist parties.
There are three kinds of party systems in the
world, (i) one party system in which only one ruling
party exists and no opposition is permitted, as for
example, in the former communist countries like the
USSR and other East European countries; (ii) two-
party system in which two major parties exists, as for
example, in USA and Britain (The two parties in the
US are Democratic and Republican, and in Britain are
Conservative and Labour); and (iii) multi-party
system in which there are a number of political
parties leading to the formation of coalition
governments, as for example, in France, Switzerland
and Italy.
Party System in India
India has the largest number of political parties in
the world. On the eve of sixteenth Lok Sabha general
elections (2014), there were 6 national parties, 47
states parties and 1593 registered - unrecognised
parties in the country.
Recognition of National and State Parties
i) Conditions for Recognition as a National Party
A party is recognised as a national party if any of
the following conditions is fulfilled:
1. If it secures six per cent of valid votes polled in any
four or more states at a general election to the Lok
Sabha or to the legislative assembly; and, in addition,
it wins four seats in the Lok Sabha from any state or
states; or
2. If it wins two per cent of seats in the Lok Sabha at a
general election; and these candidates are elected
from three states; or
3. If it is recognised as a state party in four states.
ii) Conditions for Recognition as a State Party
A party is recognised as a state party in a state if
any of the following conditions is fulfilled:
1. If it secures six per cent of the valid votes polled in
the state legislative assembly of the state concerned;
and, in addition, it wins 2 seats in the assembly; or
2. If it secures six per cent of the valid votes polled in
the state at a general election to the Lok Sabha from
the state concerned; and, in addition, it wins 1 seat in
the Lok Sabha from the state concerned; or
3. If it wins three per cent of seats in the legislative
assembly of the state concerned or 3 seats in the
assembly, whichever is more; or
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com
4. If it wins 1 seat in the Lok Sabha for every 25 seats
or any fraction thereof allotted to the state at a
general election to the Lok Sabha from the state
concerned; or
2) Elections
Election Machinery
i) Election Commission of India (ECI) Under Article
324 of the Constitution of India, the Election
Commission of India is vested with the power of
superintendence, direction and control of conducting
the elections to the Lok Sabha and State Legislative
Assemblies.
ii) Chief Electoral Officer (CEO) The Chief Electoral
Officer of a state/ Union Territory is authorised to
supervise the election work in the state/Union
Territory subject to the overall superintendence,
direction and control of the Election Commission.
iii) District Election Officer (DEO) Subject to the
superintendence, direction and control of the Chief
Electoral Officer, the District Election Officer
supervises the election work of a district.
iv) Returning Officer (RO) The Returning Officer of
a Parliamentary or assembly constituency is
responsible for the conduct of elections in the
Parliamentary or assembly constituency concerned.
v) Electoral Registration Officer (ERO) The Electoral
Registration Officer is responsible for the preparation
of electoral rolls for a Parliamentary / assembly
constituency.
vi) Presiding Officer The Presiding Officer with the
assistance of polling officers conducts the poll at a
polling station. The District Election Officer appoints
the Presiding Officers and the Polling Officers. In the
case of Union Territories, such appointments are
made by the Returning Officers.
3) Anti-Defection Law
The 52nd Amendment Act of 1985 provided for the
disqualification of the members of Parliament and the
state legislatures on the ground of defection from one
political party to another. For this purpose, it made
changes in four Articles of the Constitution and
added a new Schedule (the Tenth Schedule) to the
Constitution. This act is often referred to as the ‘anti-
defection law’.
i) Disqualification
A member of a House belonging to any political
party becomes disqualified for being a member of the
House,
(a) if he voluntarily gives up his membership of such
political party; or
44
(b) if he votes or abstains from voting in such House
contrary to any direction issued by his political party
without obtaining prior permission of such party.
Independent Members: An independent member of
a House becomes disqualified if he joins any political
party after such election.
Nominated Members: A nominated member of a
House becomes disqualified if he joins any political
party after the expiry of six months from the date on
which he takes his seat in the House. This means that
he may join any political party within six months of
taking his seat in the House without inviting this
disqualification.
ii) Exceptions
If a member goes out of his party as a result of a
merger of the party with another party. A merger
takes place when two-thirds of the members of the
party have agreed to such merger.
If a member, after being elected as the presiding
officer of the House, voluntarily gives up the
membership of his party or rejoins it after he ceases to
hold that office.
It must be noted here that the provision of the Tenth
Schedule pertaining to exemption from
disqualification in case of split by one-third members
of legislature party has been deleted by the 91st
Amendment Act of 2003. It means that the defectors
have no more protection on grounds of splits.
iii) Deciding Authority
Any question regarding disqualification arising out
of defection is to be decided by the presiding officer
of the House. Originally, the act provided that the
decision of the presiding officer is final and cannot be
questioned in any court.
However, in Kihoto Hollohan case (1993), the
Supreme Court declared this provision as
unconstitutional on the ground that it seeks to take
away the jurisdiction of the Supreme Court and the
high courts.
III FLOOR, B&K COMPLEX, MAIN ROAD, SRI RAM NAGAR,
KARAIKUDI. CONTACT 94864 31610,04565 286671
www.pyramidiasacademy.blogspot.com,pyramidiasacademy@gmail.com