Legal Lessons - Constitution and Polity Notes

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The Acts passed before constitution

The British government passed many laws and acts in India before the formulation of
constitution.
The British government passed many laws and acts in India before the formulation of
constitution. These acts elicited different reactions from different parts of the Indian society and
played a pivotal role in the modeling of either the Indian polity or the Society. Some of the most
important and consequential acts are listed below:
Regulating Act of 1773

This was the first intervention of the British government to regulate the affairs of the East India
Company in India.
• It made the Governor of Bengal the ‘Governor-General of Bengal’ and an executive council to
aid and assist him.
• The first Governor-General was Lord Warren Hastings. It also provided for the formation of a
supreme court at Calcutta.
Effectively, the Act strengthened the control of British government over the Company.
Pitt’s India Act of 1784

This Act drew a line between the commercial and political functions of the company. Therefore
the ‘Court of Directors’ were to manage commercial affairs and the ‘Board of Control’ was to
regulate military and civil government and the British Possessions.
Charter Act of 1833

This Act is known for its centralizing efforts
• The Governor-General of Bengal was made the Governor-General of India.

• He was given legislative powers over the entire India including the Governors of Bombay and
Madras.
• The commercial activities of East India Company were put an end to.
Charter Act of 1853

The last charter Act brought out separation in the legislative and executive functions of the
Governor-General’s council.
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• The Civil services were made accessible to the Indians.

• Local representation of 4 members was provided in the Central Legislative Council.
Government of India Act of 1858

This Act came as an after effect of the Revolt of 1857.
• It put a total end the Company rule and the powers completely came to be vested with the
British Crown.
• It provided for India to be governed by the British crown through a representative who was to
be called the Viceroy of India.
• Board of control and Court of Directors were abolished.
• A new office ‘secretary of state was created with a 15 member council of India to assist him.
Indian Councils Act of 1861

• Some Indians were to be nominated by the Viceroy in the Council as non-official members.
• Some decentralization was undertaken by reverting the powers back to Bombay and Madras
presidencies.
• New legislative councils for Bengal, North-West Frontier province and Punjab were created.
• Viceroy was given powers to make rules for transaction of business in the council and to issue
ordinances.

• The number of non official members was increased in both the central and provincial
legislative councils.
• The legislative council’s power was increased so they could discuss budget and ask questions
to the executive.

This was also known as the Morley-Minto reforms.
• The number of members in both the Central and Provincial legislative council was increased.
• An Indian Satyendra Prasad Sinha was included in the Viceroy’s executive council for the first
time.
• Separate electorate was given to Muslims.

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Government of India Act, 1919

This Act was known as the Montagu-Chelmsford Reforms.
• The Central and Provincial lists of subjects were introduced in legislature.

• The Provincial subjects were further divided into Transferred Subjects and Reserved Subjects,
the legislative council had no say in the latter.
This was known as the system of Diarchy.
• The Legislative Council was bifurcated into the upper house (Council of state) and Lower
house (Legislative Assembly).
• Separate electorate was extended to Sikhs, Christian, Anglo-Indians and Europeans.
Government of India Act of 1935

• The powers between centre and states were divided in terms of Federal list, Provincial list and
Concurrent list.
• Diarchy was abolished in the provinces.
• Diarchy was adopted at the centre with Tranferred and Reserved subjects.
• The legislature of Bengal, Bombay, Madras, Bihar, Assam and United province were made
bicameral.
• Provided for the formation of Reserve Bank of India.
Indian Independence Act of 1947

Provided enactment to the Mountbatten Plan of June 3, 1947.
• Ended the British rule and declared India to be Independent from 15th August 1947.
• Provided for the partition of India.
• Office of Viceroy was abolished and the two Dominions were to have Governors.
• The Constituent Assemblies of the two dominions were to have powers to legislate for their
respective territories.
• The princely states were to decide their affiliations, themselves.

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What is the Preamble of the Constitution of India?

The Preamble is called the introduction letter of the Indian Constitution. The preamble
was amended by the 42nd Constitutional Amendment Act in 1976, in which three new
words Socialist, Secular, and Integrity were added.
The Preamble serves as an introduction to the Constitution. It secures justice, liberty, equality to
all the citizens of India and promotes fraternity among the people.
The Preamble states:

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.
The Four Components of the Preamble are:

1. The Preamble indicates that the source of authority of the Constitution lies with the people of
India.
2. It declares India to be a socialist, secular, secular, democratic and a republic nation.
3. It states its objectives to secure justice, liberty, equality to all citizens and promote fraternity to
maintain unity and integrity of the nation.
4. It mentions the date (November 26, 1949) on which the constitution was adopted.
The keywords in the Preamble are explained below:
Sovereign
The Preamble proclaims that India is a Sovereign State. 'Sovereign' means that India has its
own independent authority and it is not a dominion or dependent state of any other external

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power. The Legislature of India has the powers to enact laws in the country subject to certain
limitations imposed by the Constitution.
Socialist
The word 'Socialist' was added to the Preamble by the 42nd Constitutional Amendment in 1976.
Socialism means the achievement of socialist ends through democratic means. India has adopted
'Democratic Socialism'. Democratic Socialism holds faith in a mixed economy where both
private and public sectors co-exist side by side. It aims to end poverty, ignorance, disease and
inequality of opportunity.
Secular
The word 'Secular' was incorporated in the Preamble by the 42nd Constitutional Amendment in
1976. The term secular in the Constitution of India means that all the religions in India get
equal respect, protection and support from the state. Articles 25 to 28 in Part III of the
Constitution guarantee Freedom of Religion as a Fundamental Right.
Democratic
The term Democratic indicates that the Constitution has established a form of government
that gets its authority from the will of the people expressed in an election. The Preamble
resolves India to be a democratic country. That means the supreme power lies with the people. In
the Preamble, the term democracy is used for political, economic and social democracy. The
responsible representative government, universal adult franchise, one vote one value, an
independent judiciary, etc. are the features of Indian democracy.
Republic
In a Republic, the head of the state is elected by the people directly or indirectly. In India, the
President is the head of the state. The President of India is elected indirectly by the people; that
means, through their representatives in the Parliament and the State Assemblies. Moreover, in a
republic, political sovereignty is vested in the people rather than a monarch.
Justice
The term Justice in the Preamble embraces three distinct forms: Social, economic and political,
secured through various provisions of the Fundamental and Directive Principles.
Social justice in the Preamble means that the Constitution wants to create a more equitable
society based on equal social status. Economic justice means equitable distribution of wealth
among the individual members of the society so that wealth is not concentrated in a few hands.
Political Justice means that all citizens have equal rights in political participation. Indian
Constitution provides for universal adult suffrage and equal value for each vote.
Liberty

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Liberty implies the absence of restraints or domination on the activities of an individual such as
freedom from slavery, serfdom, imprisonment, despotism, etc. The Preamble provides for the
liberty of thought, expression, belief, faith, and worship.
Equality
Equality means the absence of privileges or discrimination against any section of the
society. The Preamble provides for equality of status and opportunity to all the people of the
country. The Constitution strives to provide social, economic and political equality in the
country.
Fraternity
Fraternity means the feeling of brotherhood. The Preamble seeks to promote fraternity among
the people assuring the dignity of the individual and the unity and integrity of the nation.
Amendment in the Preamble
In 1976, the Preamble was amended (only once till date) by the 42nd Constitutional Amendment
Act. Three new terms, Socialist, Secular, and Integrity were added to the Preamble. The Supreme
Court held this amendment validly.
Interpretation by the Supreme Court

The Preamble was added to the Constitution after the rest of the Constitution was already
enacted. The Supreme Court in the Berubari Union case (1960) held that the Preamble is not a
part of the Constitution. However, it recognised that the Preamble could be used as a guiding
principle if a term in any article of the Constitution is ambiguous or has more than one meaning.
In Kesavanand Bharti case (1973), the Supreme Court overturned its earlier decision and held
that the Preamble is a part of the Constitution and can be amended under Article 368 of the
Constitution. Again, in LIC of India case, the Supreme Court held that the Preamble is a part of
the Constitution.
Thus the Preamble to the Constitution of free India remains a beautifully worded prologue. It
contains the basic ideas, objectives, and philosophical postulates the Constitution of India stands
for. They provide justifications for constitutional provisions.

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Features of the Indian Constitution

Constitution is the Fundamental Law of any country which sets out the framework and the
principal functions of various organs of the government. At present, the Constitution of
India contains 448 Articles in 25 Parts and 12 Schedules. However, there are multiple
features of the Constitution, namely Secular State, Federalism, Parliamentary
Government, Fundamental Rights and many more.
Following are the features of the Constitution borrowed from different countries:
From U.K.
• Nominal Head – President (like Queen)
• Cabinet System of Ministers
• Post of PM
• Parliamentary Type of Govt.
• Bicameral Parliament
• Lower House more powerful
• Council of Ministers responsible to Lower House
• Speaker in Lok Sabha
From U.S.
• Written Constitution
• Executive head of state known as President and his being the Supreme Commander of the
Armed Forces
• Vice-President as the ex-officio Chairman of Rajya Sabha
• Fundamental Rights
• Supreme Court
• Provision of States

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• Independence of Judiciary and judicial review
• Preamble
• Removal of Supreme Court and High Court Judges
From USSR
• Fundamental Duties
• Five year Plan
From AUSTRALIA
• Concurrent list
• Language of the preamble
From JAPAN
• Laws on which the Supreme Court functions
From WEIMAR CONSTITUION OF GERMANY

• Suspension of Fundamental Rights during the emergency
From CANADA
• Scheme of federation with a strong centre
• Distribution of powers between centre and the states
• And placing residuary powers with the centre
From IRELAND
• Concept of Directive Principles of States Policy (Ireland borrowed it from SPAIN)
• Method of election of President
• Nomination of members in the Rajya Sabha by the President

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Salient Features of the Constitution

Single Constitution for both Union and States: India has a single Constitution for Union and
all the States. The Constitution promotes the unity and convergence of the ideals of nationalism.
Single Constitution empowers only the Parliament of India to make changes in the Constitution.
It empowers the Parliament even to create a new state or abolish an existing state or alter its
boundaries.
Sources of the Constitution: The Indian Constitution has borrowed provisions from various
countries and modified them according to the suitability and requirements of the country. The
structural part of the Constitution of India has been derived from the Government of India Act,
1935. The provisions such as Parliamentary System of Government and Rule of Law have been
adopted from the United Kingdom.
Rigidity and Flexibility: The Constitution of India is neither rigid nor flexible. A Rigid
Constitution means that the special procedures are required for its amendments whereas a
Flexible Constitution is one in which the constitution can be amended easily.
Secular State: The term secular state means that all the religions present in India get equal
protection and support from the state. In addition; it provides equal treatment to all religions by
the government and equal opportunities for all religions.
Federalism in India: The Constitution of India provides for division of power between the
Union and the State governments. It also fulfils some other features of the federalism such as the
rigidity of the constitution, written constitution, bicameral legislature, independent judiciary and
supremacy of the constitution. Thus, India has a Federal System with unitary bias.
Parliamentary Form of Government: India has a Parliamentary Form of Government. India

has a Bicameral Legislature with two houses named Lok Sabha and Rajya Sabha. In
Parliamentary Form of Government; there is no clear cut separation of powers of Legislative and
Executive organs. In India; the head of the government is Prime Minister.
Single Citizenship: Constitution of India provides for single citizenship to every individual in
the country. No state in India can discriminate against an individual of another state. Moreover,
in India, an individual has the right to move to any part of the country or live anywhere in the
territory of India except certain places.
Integrated and Independent Judiciary: The Constitution of India provides for an integrated
and independent judicial system. The Supreme Court is the highest court of India with authority
over all the other courts in India followed by high courts, district courts, and lower courts. To
protect the Judiciary from any influence, the Constitution has laid down certain provisions such
as Security of Tenure and Fixed Service Conditions for judges etc.

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Directive Principles of State Policy: Part IV (Articles 36 to 50) of the Constitution mentions the
Directive Principles of State Policy. These are non-justifiable in nature and are broadly classified
into Socialistic, Gandhian, and Liberal-intellectual.
Fundamental Duties: These were added to the Constitution by 42nd Constitutional Amendment
Act (1976). A new Part IV-A was created for the purpose and 10 duties were incorporated under
Article 51-A. The provision reminds the citizens that while enjoying rights, they should also
perform their duties.
Universal Adult Franchise: In India, every citizen who is above the age of 18 years has right to
vote without any discrimination on the ground of caste, race, religion, sex, literacy etc. Universal
adult franchise removes social inequalities and maintains the principle of political equality to all
the citizens.
Emergency Provisions: The President is empowered to take certain steps to tackle any
extraordinary situation to maintain the sovereignty, security, unity, and integrity of the nation.
The states become totally subordinate to the Central Government when emergency is imposed.
According to the need; emergency can be imposed in parts or whole of the country.
The Constitution of India thus stands as an embodiment of democracy, fundamental rights, and
decentralization of power to the lowest or to the grass-root level. In order to protect against any
possible dilution of these powers and rights, it has set up the Supreme Court to function as the
guardian of the Constitution with the power to invalidate any legislation or executive act if it
violates the Constitution and thus affirm and enforce the supremacy of the Constitution.
Basic Structure (Doctrine) of the Constitution

The basic structure (or doctrine) of the Constitution of India applies only to constitutional
amendments, which states that the Parliament cannot destroy or alter the basic features of
the Indian Constitution. These features includes (1) Supremacy of the constitution. (2)
Republican and democratic form of govt. (3) Secular character of constitution. (4)
Separation of power. (5) Federal character of constitution.
Basic structure (doctrine) of the Constitution

The constitution empowers the Parliament and the State Legislatures to make laws within their
respective jurisdiction. Bills to amend the constitution can only be introduced in the Parliament,
but this power is not absolute. If the Supreme Court finds any law made by the Parliament
inconsistent with the constitution, it has the power to declare that law to be invalid. Thus, to
preserve the ideals and philosophy of the original constitution, the Supreme Court has laid down
the basic structure doctrine. According to the doctrine, the Parliament cannot destroy or alter the
basic structure of the doctrine.
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Evolution of the Basic Structure

The word "Basic Structure" is not mentioned in the constitution of India. The concept developed
gradually with the interference of the judiciary from time to time to protect the basic rights of the
people and the ideals and the philosophy of the constitution.
• The First Constitution Amendment Act, 1951 was challenged in the Shankari Prasad vs. Union
of India case. The amendment was challenged on the ground that it violates the Part-III of the
constitution and therefore, should be considered invalid. The Supreme Court held that the
Parliament, under Article 368, has the power to amend any part of the constitution including
fundamental rights. The Court gave the same ruling in Sajjan Singh Vs State of Rajasthan case in
1965.
• In Golak Nath vs State of Punjab case in 1967, the Supreme Court overruled its earlier
decision. The Supreme Court held that the Parliament has no power to amend Part III of the
constitution as the fundamental rights are transcendental and immutable. According to the
Supreme Court ruling, Article 368 only lays down the procedure to amend the constitution and
does not give absolute powers to the parliament to amend any part of the constitution.
• The Parliament, in 1971, passed the 24th Constitution Amendment Act. The act gave the
absolute power to the parliament to make any changes in the constitution including the
fundamental rights. It also made it obligatory for the President to give his assent on all the
Constitution Amendment bills sent to him.
In 1973, in Kesavananda Bharti vs. State of Kerala case, the Supreme Court upheld the validity
of the 24th Constitution Amendment Act by reviewing its decision in Golaknath case. The
Supreme Court held that the Parliament has power to amend any provision of the constitution,
but doing so, the basic structure of the constitution is to be maintained. But the Apex Court did
not any clear definition of the basic structure. It held that the "basic structure of the Constitution
could not be abrogated even by a constitutional amendment". In the judgement, some of the basic
features of the Constitution, which were listed by the judges.
The basic features of the Constitution are as follows:

1. Supremacy of the constitution
2. Republican and democratic form of government
3. Secular character of the constitution
4. Federal character of the constitution
5. Separation of power
6. Unity and Sovereignty of India
7. Individual freedom

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Important Supreme Court Decisions

Case Decision by the Supreme Court
Shankari Prasad Vs. The Parliament, under Article 368, has
Union of India, 1951 power to amend any part of the constitution
Sajjan Singh Vs. State The Parliament, under Article 368, has
of Rajasthan, 1965 power to amend any part of the constitution
The Parliament is not powered to amend the
Golak Nath Vs. State
Part III (Fundamental Rights) of the
of Punjab, 1967
constitution
Kesavananda Bharti
The Parliament can amend any provision,
Vs. State of
but can't dilute the basic structure
Kerala,1971
Indira Gandhi Vs. Raj The Supreme Court reaffirmed its concept
Narain, 1975 of basic structure
The concept of basic structure was further
developed by adding 'judicial review' and
Minerva Mills Vs.
the 'balance between Fundamental Rights
Union of India, 1980
and Directive Principles' to the basic
features
Kihoto hollohan Vs. 'Free and fair elections' was added to the
Zachillhu, 1992 basic features
Indira Sawhney Vs.
'Rule of law, was added to the basic features
Union of India, 1992
Federal structure, unity and integrity of
S.R Bommai vs Union India, secularism, socialism, social justice
of India, 1994 and judicial review were reiterated as basic
features

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Indian Constitution: Important Amendments at a Glance

The article 368 provides that the parliament can amend any provision of the constitution
by following the given procedure.
The article 368 provides that the parliament can amend any provision of the constitution by
following the given procedure. The list of important amendments is given as following.
1st amendment, 1951: It amended articles 15, 19, 85, 87, 174, 176, 341, 342, 372 and 376.
Articles 31A, 31B and Schedule 9 were inserted. Its purpose was to remove difficulties in
enforcement of Zamindari related laws.
7th amendment, 1956: Main purpose was reorganization of states and introduction of Union
Territories and had provisions related to centre- state relations such as high courts, legislative
councils etc.
1. The category A, B and C of states were abolished. Article 1 and schedule 1 were revised.
2. Abolition of group C states and establishment of Union Territories.
3. One person can be appointed as governor of more than one state at the same time.
4. The president can appoint as many judges in the high court as he deems fit.
24th amendment, 1971: It amended articles 13 and 368. It provided parliament the power to
amend any part of the constitution including Fundamental rights. It also changed the language of
article 368. It made it compulsory for the president to give his assent to the constitutional
amendment bills.
25th amendment, 1972: It amended article 31 and inserted article 31C. It provided that no
property shall be compulsorily acquired except for public purpose. Article 31C provides that any
law made to implement the provisions of DPSP under article 39 (b) and (c) shall not be declared
void for violation of fundamental rights under articles 14, 19 and 31.
42nd amendment, 1976: It was called as Mini constitution of India and was brought during
national emergency.
1. Preamble: It inserted words Socialist, Secular and Integrity in the preamble.
2. Legislature: Life of Lok Sabha and state assemblies was extended from 5 to 6 years.

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3. President: Article 74 was amended as president shall act in accordance with advice by council
of ministers.
4. Fundamental Rights: All DPSP were given primacy over the fundamental rights under articles
14, 19 and 31.
5. Some new directives were added in part IV.
6. Part IVA was added having article 51A containing Fundamental Duties of the citizens.
43rd amendment, 1977: It was brought after end of National emergency. Some of the
provisions of 43rd amendment were repeated.
44th amendment, 1978: It undid most of the distortions introduced into the Constitution by the
42nd Amendment of the Constitution.
1. It restored the status quo ante by reducing the life of Lok Sabha and State Legislative
Assemblies again to five years.
2. It cancelled 39th Amendment which deprived the Supreme Court from its jurisdiction to
decide disputes concerning election of the President and the Vice-President.
3. A new provision was added to Article 74(1) where the President could consider advice of
council of ministers and should Act in accordance with the advice.
4. Article 257A was omitted.
5. An Emergency can be proclaimed only on the basic of written advice tendered to the President
by the cabinet.
6. Right to property was taken out from the list of Fundamental Rights and was declared a legal
right.
52nd amendment, 1985: The defection of members elected on a party ticket to other party was
made illegal.
61st amendment, 1989: It reduced the voting age from 21 to 18 by amending article 326.
73rd amendment, 1993: It inserted part IX containing articles 243 to 243 O. It included the
provisions for Panchayati raj Institutions and inserted schedule eleven in the constitution.
74th amendment, 1993: It made provisions for Urban local government. It added part IXA
containing articles 243 P to 243 ZG. It also inserted schedule 12th.
86th amendment, 2002: It made the provision for free and compulsory education between 6 to
14 years of age. The Act inserted article 21A in fundamental rights. It amended articles 45 and
51A.

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91st amendment, 2004: It restricted the size of council of minister to 15% of the total size of the
house.
The Constitution (95th Amendment) Act, 2010
1. To extend the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in
the Lok Sabha and states assemblies from Sixty years to Seventy years
1. Substituted Odia for Oriya
1. Added the words "or co-operative societies" after the word "or unions" in Article 19(l) (c) and
inserted article 43B related to the promotion of co-operative societies and added Part-IXB that is
The Co-operative Societies.
1. To empower the Governor of Karnataka to take steps to develop the Hyderabad-Karnataka
Region.
1. The amendment provides for the formation of a National Judicial Appointments Commission.
1. The term the Constitution (100th Amendment) Act, 2015 was in news in the fourth week of
May 2015 as the President of India Pranab Mukherjee gave his assent to the Constitution (119th
Amendment) Bill, 2013 that related to the Land Boundary Agreement (LBA) between India and
Bangladesh.
The Constitution (101th Amendment) Act,2017: Introduced the Goods and Services Tax in the
country since 1 July 2017.
The Constitution (102th Amendment) Act,2018: It gave Constitutional status to National
Commission for Backward Classes.
The Constitution (103th Amendment) Act,2019: It provided a maximum of 10% Reservation

for Economically Weaker Sections (EWSs).
The Constitution (104th Amendment) Act,2020: It extended the reservation of seats for SCs
and STs in the Lok Sabha and states assemblies.
So, till date, there are 104 amendments have been made in the Indian Constitution since its
inception in 1950.

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Fundamental Rights: Importance and Summary

The Fundamental Rights have been classified under the six categories-Right to Freedom,
Right to Equality, Right against Exploitation, Right to Freedom of Religion, Cultural and
Educational rights and Right to constitutional remedies. These Fundamental Rights are
envisaged in Part III (Articles 12 to 35) of the Indian Constitution.
1. Right to Equality (Art. 14-18)

Article 14 represents the idea of equality, which states that the state shall not deny to any person
equality before the law or the equal protection of the laws within the territory of India. The
equality before the law is guaranteed to all without regard to race, colour, or nationality.
Article 15 Non-discrimination on grounds of religion, race, caste, sex, or place of birth

Article 15 states that the state shall not discriminate against any citizen on grounds only of
religion, caste, sex, place of birth, or any of them and would not be subject to any disability,
liability, restriction, or condition. Nothing in this article shall prevent the state from making any
special provisions for women and children.
(Article 16): Equality of opportunity in public employment

Article 16 states that no citizen shall on grounds only of religion, race, caste, sex, descent, place
of birth, residence, or any of them, be ineligible for or discriminated against in respect of any
employment or office under the state.
(Article 17): Abolition of Untouchability

Article 17 abolishes Untouchability and forbids its practice in any form. Untouchability refers
to a social practice that looks down upon certain oppressed classes solely on account of their
birth and makes any discrimination against them on this ground.
(Article 18): Abolition of Titles

Article 18 abolishes all titles and prohibits the state to confer titles on anybody whether a citizen
or a non-citizen. However, military and academic distinctions are exempted from the prohibition.
2. (Article 19): Right to Freedom

The Right to Freedom guarantees to the citizens of India six Fundamental Freedoms: 1) Freedom
of Speech and Expression, 2) Freedom of Assembly, 3) Freedom to form associations, 4)
Freedom of Movement, 5) Freedom to reside and to settle, and 6) Freedom of profession,
occupation, trade, or business.
(Article 20): Protection in respect of Conviction for Offences

Article 20 provides protection against arbitrary and excessive punishment for any person
who commits an offense. This article has taken care to safeguard the rights of persons accused

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of crimes. Moreover, this article cannot be suspended even during an emergency in operation
under Article 359.
(Article 21): Protection of Life and Personal Liberty
Article 21 states no person shall be deprived of his life or personal liberty except according
to the procedure established by law. However, Article 21 puts a limit on the power of the State
given under Article 246, read with the legislative lists. Thus, Article 21 does not recognise the
Right to Life and Personal Liberty as an absolute right but limits the scope of the right itself.
(Article 22): Safeguards against Arbitrary Arrest and Detention
Firstly, Article 22 guarantees the right of every person who is arrested to be informed of the
cause of his arrest; secondly, his right to consult and to be defended by a lawyer of his choice.
Thirdly, every person arrested and detained in custody shall be produced before the nearest
Magistrate within a period of twenty-four hours and shall be kept in continued custody only with
his authority.
3. (Articles 23-24): Right against Exploitation
Article 23 prohibits traffic in human beings, women, children, beggars or other forced labour
militate against human dignity. Article 24 prohibits employing children below the age of 14
years in any hazardous profession. This right followed the human rights concepts and United
Nations norms.
4. (Articles 25-28): Right to Freedom of Religion
Articles 25 and 26 embody the principles of religious tolerance and serve to emphasize the
secular nature of Indian democracy, i.e. equal respect to all religions. Article 25 offers
freedom of Conscience and Free Profession, Practice and Propagation of Religion whereas
Article 26 helps to manage religious affairs, which is subject to public order, morality and health,
every religious denomination or any section.
Article 27 provides freedom not to pay taxes for religious expenses on the promotion or
maintenance of any particular religion. Article 28 prohibits religious instructions in educational
institutions wholly maintained by the state.
5. (Articles 29-30): Rights to minorities (cultural and educational rights)

Article 29 provides protection of the interests of minorities. A minority community can
effectively conserve its language, script, or culture by and through an educational institution.
Article 30 states the rights of minorities whether based on religion or language to establish and
administer educational institutions.
The 44th Amendment has abolished the Right to Property as a Fundamental Right guaranteed by
Art. 19 (f) and Art. 31 of the Constitution. It is now only a Legal Right under article 300-A,
gives protection against executive action but not against legislative action
6. (Articles 32-35): Right to Constitutional Remedies

Rights, in order to be meaningful, must be enforceable and backed by remedies in case of
violation. This article guarantees the right to move the Supreme Court by appropriate
proceedings for the enforcement of Fundamental Rights and deals with the Supreme Court’s
power to issue order or writs for the enforcement of Fundamental Rights.

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Article 33 empowers Parliament to modify the application of Fundamental Rights to the armed
forces or forces charged with the maintenance of public order. On the other hand, Article 35 lays
down that the power to make laws to give effect to certain specified Fundamental Rights shall
vest only with the Parliament and not with State Legislatures.
Therefore, Fundamental Rights play a significant role because they are most essential for the
attainment of the full intellectual, moral, and spiritual status of an individual. Therefore, the
objective behind the inclusion of Fundamental Rights in the Constitution was to establish a
government of Law to preserve individual liberty, building an equitable society, and establish a
welfare state.
Writs and their Scope

A Writ means an order i.e. anything that is issued under an authority is known as a writ.
The Constitution of India empowers the Supreme Court and the High Courts to issue
Writs for the enforcement of the fundamental rights conferred by the Part-III of the Indian
Constitution under Article 32 and Article 226. There are five types of Writs- Habeas
Corpus, Mandamus, Certiorari, Prohibition and Quo- Warranto.
The five writs are explained below:

Habeas Corpus is a Latin term, which literally means “You should have the body”. The writ is
issued to a produce a person before a Court who has been detained or imprisoned and not
produced before the magistrate within 24 hours whether in prison or private custody and would
release the person if such detention is found illegal. The purpose of the writ is not to punish the
wrong doer but merely to release the person unlawfully detained.
However, Article 21 (Protection of life and personal liberty) cannot be suspended even during
the proclamation of Emergency. Therefore, Habeas Corpus becomes a very valuable writ for
safeguarding the personal liberty of an individual. While the Supreme Court can issue the writ of
habeas corpus only against the State in case of violation of Fundamental Rights whereas the
high court can issue it also against private individuals illegally or arbitrarily detaining any other
person.
Mandamus is a Latin word, which means “to command”. It is a judicial remedy in the form of
an order to act legally and to abstain from perpetrating an unlawful act. Where A has a legal right
which cast certain legal obligation on B, A can seek a writ of mandamus directing B to perform
its legal duty. This writ of command is issued by the Supreme Court or High Court when any
Government, court, corporation or tribunal or public authority has to perform a public or
statutory duty but fails to do so.
The Supreme Court may issue a mandamus to enforce the fundamental right of a person when its
violation by some governmental order or act is alleged. The High courts may issue this writ to

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direct an officer to exercise his constitutional and legal powers, to compel any person to
discharge duties cast on him by the constitution or the statue, to compel a judicial authority to
exercise its jurisdiction and to order the government not to enforce any unconstitutional law.
Certiorari is a Latin word meaning ‘to inform’. ‘Certiorari’ may be defined as a judicial order
operating in persona and carried out in the original legal proceedings, be issued against
constitutional bodies, statutory bodies like corporation, non statutory bodies like companies and
cooperative societies and private bodies and person requiring the records of any action to be
certified by the court and dealt with according to the law.
There are various grounds on the basis of which the writ of certiorari is issued:
(1) Lack of jurisdiction

(2) Excess of jurisdiction.
(3) Abuse of jurisdiction.
(4) Violation of the principles of natural justice.
(5) Error of law apparent on the face of the record
Prohibition refers “to forbid or to stop” and is popularly known as “Stay order”. The writ is
issued by the Supreme Court or any High Court when a lower court or a quasi-judicial body tries
to violate the powers vested in it, prohibiting the latter from continuing the proceedings in a
particular case.
In India, prohibition is issued to protect the individual from arbitrary administrative actions.
Prohibition does not lie against an authority discharging executive functions but against an
authority discharging judicial functions.
Quo warranto is a Latin term, which means ‘’ by what warrant’. The writ is issued to restrain a
person from holding a public office to which he is not entitled. It can be issued against offices
created by the constitution such as the Advocate-General, the speaker of legislative assembly,
officers under the municipal act, members of a local government board, University officials and
teachers, but it will not issue against the managing committee of a private school which is not
appointed under the authority of a statue.

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Directive Principles of State Policy

The Directive Principles of State Policy is contained in Part IV of the Constitution (Articles
36-51). The aim of the Directive Principles was to set up certain social and economic goals
before the law makers to bring about social change in the country in direction of greater
social and economic equality.
Fundamental Duties of the Citizens of India

The fundamental duties were incorporated in Part IV-A of our constitution by 42nd
Constitutional Amendment Act, 1976. Presently we have 11 fundamental duties in our
constitution under article 51-A, which are statutory duties and are enforceable by law. The
idea behind the incorporation of the fundamental rights was to emphasise the obligation of
the citizen in exchange of the comprehensive fundamental rights enjoyed by them.
Fundamental Duties of the citizens have also been enumerated for the Indian citizens By
the 42nd Amendment of the Constitution, adopted in 1976. Article 51 ‘A’ contained in Part IV A
of the Constitution deals with Fundamental Duties. Fundamental Duties are taken from the
Constitution of Russia.
The Following are the Duties in Our Constitution:

a) To abide by the constitution and respect its ideals and institutions, the National Flag and the
National Anthem- It is the duty of every citizen to respect the ideals, which include liberty,
justice, equality, fraternity and institutions namely, executive, the legislature and the judiciary.
b) To cherish and follow the noble ideals which inspired our national struggle for freedom-The
citizens of India must cherish and follow the noble ideals which inspired the national struggle for
freedom.
c) To uphold and protect the sovereignty, unity and integrity of India- it is one of the pre eminent
national obligations of all the citizens of the India.
d) To defend the country and render national service when called upon to do so – it is the duty of
every citizen to defend our country against external enemies.
e) To promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities; to renounce practices
derogatory to the dignity of women

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f) To value and preserve the rich heritage of our composite culture – our cultural heritage is one
of the noblest and richest, it is also part of the heritage of the earth.
g) To protect and improve the natural environment including forests, lakes, rivers and wild life
and to have compassion for living creatures. It is also reinforced in other constitutional provision
under article 48A i.e. Directive Principles of State Policy which states that, to protect and
improve the environment and safeguard the forests and wildlife
h) To develop the scientific temper, humanism and the spirit of inquiry and reform
i) To safeguard public property and to abjure violence
j) To strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavour and achievement.
k) Who is a parent or guardian to provide opportunities for education to his child or, as the case
may be, ward between the age of six and fourteen years – it was the recommendation of National
Commission to Review the Working of constitution, to make education a fundamental right of all
the children up to age of 14. 86th Constitutional amendment Act, 2002 however provided for
free and compulsory education as a legally enforceable fundamental right for all children
between 6 to 14 years of age.
Emergency Provisions in Indian Constitution
• Article 352- National Emergency

• Article 356-Emergency in state ( president’s rule)
• Article 360- Financial Emergency
National Emergency
• Under article 352, if the president is satisfied that there exists a grave situation, wherein the
security of the country is threatened on the grounds of wars, external aggression or armed
rebellion, he can proclaim emergency to that effect.
• Emergency can be declared over the complete territory of India or any part thereof.
• President can declare emergency only on the written advice of the cabinet
• A special majority is required to approve an emergency resolution.
• Once approved, emergency shall operate for a maximum period of not more than six months.
• Lok Sabha has the power to disapprove the operation of national emergency at any time, if not
less than 1/10th members of Lok Sabha in writing to the speaker, if house is in session, or to the
president, then speaker or president as the case may be, shall convene a special session of Lok
Sabha within 14 days and if such a resolution is passed, president shall revoke national
emergency.

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Amendments
• 38th Constitutional Amendment Act 1975: It empowered president to proclaim national
emergency on different grounds even though an emergency is already under operation
• 42nd Constitutional Amendment Act 1976:
(i)It empowered president to modify or vary national emergency. Under the original constitution,
only the imposition or revocations were possible.
(ii) Under the original constitution, president could have imposed national emergency only over
complete territory of India. This amendment enabled him over a part of the country.
• 44th Constitutional Amendment 1978: It was enacted to prevent the misuse of emergency
power by the executive.
Effects of National Emergency
• On Executive- State governments are not dismissed, they continue to operate, but are brought
under the effective control of the centre, which assumes the power to give instructions to state
government, which shall abide by such directions.
• On Legislature- State legislatures continue to operate and legislate, but parliament assumes
concurrent legislative power on state subjects and a law such enacted by parliament, shall cease
to operate at the expiry of six months after the revocation of national emergency, to the extent of
incompetency.
• On Financial relations- President can suspend the distribution of financial resources between
centre and states and centre can make use of any national resource to fight the cost on the basis
of which, emergency is declared.
• On 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).
• As per Article 358, when a proclamation of national emergency is made, the six fundamental
rights under article 19 are suspended only when National Emergency is declared on the ground
of ware or external aggression and not on the grounds of armed rebellion
• Article 359 authorises the president to suspend the right to move any court for the enforcement
of fundamental rights during a National Emergency except for article 20 and article 21
President’s Rule (State Emergency)
As per Article 355, it shall be the duty of the Union to protect every State against external
aggression and internal disturbance and to ensure that the Government of every State is carried
on in accordance with the provisions of this Constitution.
Under article 356, if president is satisfied on the report of governor or otherwise that there exist a
great emergency where the administration of the state cannot be continued in accordance with
the provisions of constitution, by invoking article 355, any person can dismiss state government

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and take over the state administration on to himself and declare that parliament will enact law on
behalf of state legislature.
Effects of President Rule (State Emergency)

• On Executive- State government is dismissed and the executive power of the state is exercised
by the centre.
• On Legislature- State legislature does not function to legislate; state legislative assembly is either
suspended or dissolved.
• On Financial relation- There is no impact on the distribution of financial resources between
centre and the state.
Amendments
1.42nd Constitution Amendment Act, 1976 extended the period of state emergency from 6
months to 1 year.
2. 44th Constitution Amendment Act, 1978 reverted back the operation of state emergency to 6
months. Further it divided the maximum period of 3 years of operation into 1 year under
ordinary circumstances and 2 years under extra ordinary circumstances, for which the stipulated
conditions shall have to be satisfied.
Financial Emergency
Under article 360- If the President is satisfied that a situation has arisen whereby the financial
stability or credit of India or of any part of the territory thereof is threatened, he may by a
Proclamation make a declaration to that effect. This emergency is never imposed in India.
President of India
(1)Article 52 – There shall be a President of India

(2)Article 53 – Executive power of the Union: The executive power shall be vested in the
President and shall be exercised by him either directly or through officers’ sub-ordinate to him.
(3)He is the supreme commander of the defence forces in India.
(4)Though he’s only the constitutional head, or titular head, de jure head or nominal executive or
just a symbolic head.

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Election of the President
1. The President shall be elected by the members of an ELECTORAL COLLEGE consisting of:
(a)The ELECTED MPs

(b)The ELECTED MLAs of the states
(c)The ELECTED MLAs of National Capital Territory of Delhi (added by 70th Amendment
Act, 1992 and with effect from 1-06-1995) and Union Territory of Puducherry.
2. Thus, nominated members of parliament and legislative assemblies and members of legislative
councils do not participate in the presidential election.
3. Article-55 provides for the manner of election and there should be uniformity and
representation throughout the Nation as per the constitution. Hence, MPs and MLAs have been
assigned votes as per their representation.
4. The election is held in accordance with the system of proportional representation by means of
single transferable vote and voting is done by secret ballot.
5. All doubts and disputes arising out of the Presidential elections are decided into and enquired
by the Supreme Court whose decision is final.
6. The elections are monitored and conducted by the Election Commission of India.
7. Only one President, that is, Neelam Sanjiva Reddy has been elected unopposed so far.
8. Dr Rajendra Prasad is the only President to have been elected twice.
9. Two Presidents – Dr Zakir Hussain and Fakhruddin Ali Ahmed have died in the office.
Term of office (Article 56) and Re-election (Article 57)
1. Term – 5 years.
2. Resignation is addressed to the Vice-President.
3. The President is eligible for re-election for any number of terms.

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Qualification (Article 58), Conditions (Article 59) & Oath (Article 60)
1. Eligibility -
(a)citizen of India
(b)35 years
(c)Is eligible for election as an MP of the House of the People.
2. Shouldn’t hold any office of profit.

3. The President shall not be a member of either House of Parliament of any Legislature.
Even if such a member is elected, he is deemed to have vacated that seat.
4. The nomination of a candidate for election must be subscribed by at least 50 electors as
proposers and 50 electors as seconders.
5. The oath administered by the Chief Justice of India or in his absence the senior-most
judge of the Supreme Court available.
6. Emoluments, allowances and privileges etc. as may be determined by the parliament and
which can’t be diminished during his term.
7. He is immune from any criminal proceeding during his term. He can’t be arrested or
imprisoned. However, after two-month’ notice civil proceedings can be initiated against
him during his term in respect of his personal acts.
Impeachment of the President (Article 61)
1. A formal removal of the President from his post by constitutional means.

2. He is impeached for the ‘Violation of the Constitution’. However, the term is defined
nowhere in the constitution.
3. The charges can be preferred by either house of the parliament. However, a 14-days’
notice shall be served to the President before the acceptance of such a resolution.
4. Also, that notice must be signed by at least one-fourth members of the total members of
that house which initiated the charges.
5. After the acceptance of that bill in that house, that impeachment bill must be passed by
the majority of 2/3rd of the total membership of that house.
6. Then that bill goes in another house which should investigate the charges and the
President shall have the right to appear and to be represented at such an investigation.
7. If another house sustains the charges and finds the President of the violation, and passes
that resolution by 2/3rd of the total membership of that house, the President stands
removed from the date the resolution is so passed.
8. Hence, impeachment is a quasi-judicial process. And though, the nominated members of
Parliament do no participate in his election, they take part in the impeachment process.
Also, states’ legislatures do not have a role in the impeachment process.

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Powers of the President
Executive Powers
1. All executive actions are taken in his name. He is the formal, constitutional, titular head
or de jure head of the Government.
2. Appoints the P.M and other ministers on P.M’s advice.
3. Appoints the Attorney General of India, CAG, Chief Election Commissioner and other
Commissioners, the chairman and members of UPSC, Governors of states, Chairman and
members of Finance Commission etc.
4. He appoints Inter-State Council and he is the one who can declare any area as scheduled
area and decides on the matter of declaration of any tribe as scheduled tribe.
Legislative Powers
1. Summons and Prorogues the Parliament and dissolves the Lok Sabha.
2. Summons the joint sitting of the two houses of Parliament (which is presided over by the
Speaker of Lok Sabha).
3. Nominates 12 members to Rajya Sabha from amongst people having achievements in art,
literature, science and social service and may nominate 2 members to Lok Sabha from the
Anglo-Indian Community.
4. His prior recommendation is required in case of presentation of certain types of bills such
as money bills, bills seeking expenditure from the consolidated fund of India etc.
5. He can withhold his assent to bills, return the bills to the legislatures, apply pocket veto to
bills etc.
6. He can promulgate ordinances when the parliament is not in session.
7. He lays the reports of Finance Commission, CAG, and UPSC etc. before the Parliament.
8. No demand for a grant can be made except on his recommendation. Also, he constitutes a
Finance Commission every five years for distribution of revenues between center and
states.
Judicial Powers
1. Appoints the Chief Justice and other judges of the Supreme Court and High courts.
2. Seeks advice from the Supreme Court on any question of law.
3. He can grant pardon etc.
Emergency Powers
1. National Emergency (Article 352)

2. President’s Rule (Article 356)
3. Financial Emergency (Article 360)

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Veto Powers
The President of India has three types of Veto powers, namely
1. Absolute Veto- Withholding the assent to the bill. The bill then ends and does not
become an act. Example- in 1954, Dr Rajendra Prasad withheld his assent to the PEPSU
Appropriation Bill. Also, in 1991 R. Venkataram withheld his assent to the MPs Salaries,
allowances bill.
2. Suspensive Veto- Returning the bill for reconsideration. In 2006, President APJ Abdul
Kalam used the suspensive veto in the office of profit bill. However, the President can
return the bill for reconsideration to the legislature only once, after which he has to give
his consent.
3. Pocket Veto- Taking no action on the bill sent to the President. There’s no time limit
provided in the constitution within which the President has to give his assent or sign the
bill. Hence, he has a ‘bigger pocket’ than the American President. In 1986, President Zail
Singh applied Pocket Veto to Indian Post Office Amendment bill.
NOTE: The President has no veto power in case of a constitutional amendment bill. He is
bound to give his assent to such bills.
Ordinance Making Powers (Article 123)
1. An ordinance can be issued by the President only when both houses of Parliament are not
in session or when only one house is in session.
2. The ordinance must be approved by the Parliament within six weeks of its reassembly.
3. Hence, the maximum life of an ordinance is – six months + six weeks.
4. He can issue an ordinance only on the advice of the council of ministers headed by the
P.M
Pardoning power of the President (Article 72)
1. The President has the power to grant pardon, reprieve, commutation, remission, respite to
any persons convicted in any Union Law, or by a court-martial or in cases of the death
penalty.
2. It is executive power. And the Governor also has those powers under Article 161,
however, the Governor can’t pardon a death sentence nor can he interfere in court-
martial cases.
3. The President exercises this power on the advice of the Union Cabinet.

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Discretionary Powers of the President
1. Appointment of the P.M when no party has a clear majority in the Lok Sabha or when the
P.M in office dies suddenly and there’s no obvious successor.
2. Dismissal of the council of ministers when it can’t prove the confidence of the Lok
Sabha.
3. Dissolution of the Lok Sabha if the council of ministers has lost its majority.
4. Use of Suspensive Veto in case of bills.
The Vice- President of India in the Indian Constitution
The Vice-President of India (Important Articles covered: 63-71)
Part V of the Constitution of India under Chapter I (Executive) also discusses the office of the
Vice-President of India. The Vice-President of India is the second-highest constitutional office in
the country.
Article 63: The Vice-President of India
• There shall be a Vice-President of India.

• This article mentions about the CONSTITUTIONAL OFFICE of the VICE-PRESIDENT
of India.
• As we shall see subsequently that the post was created to maintain a continuum in the
hierarchy in the Indian political system. The V.P does not have very major functions or
powers as such.
• The post has been inspired by the Constitution of the U.S(QUESTION HAS BEEN
ASKED)
Article 64: The Vice-President is to be an ex-officio Chairman of the Council of States.
• The Vice-President shall be ex-officio Chairman of the Council of States and shall
not hold any other office of profit:
• This is probably the most important function of the V.P. Ex-officio means by VIRTUE
OF HOLDING THE OFFICE. That is,a person automatically becomes THE
CHAIRPERSON OF RAJYA SABHA (COUNCIL OF STATES) if he/she is
ELECTED as the Vice-President of India.
• The first Chairperson of the Rajya Sabha - Dr. Sarvepalli Radhakrishnan
• Provided that during any period when the Vice-President acts as President or discharges
the functions of the President under article 65, he shall not perform the duties of the

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office of Chairman of the Council of States and shall not be entitled to any salary or
allowance payable to the Chairman of the Council of States under article 97.
• This is the second most important function of the V.P. He can act as the President in case
of the death, impeachment, resignation or otherwise of the President of India. However,
he can act as the president only for a maximum period of six months (question
asked) within which a new president has to be elected.
Important Points
• When President Dr.Zakir Hussain died in office, the then Vice-President

V.V.Giri acted as the President.
• When President Fakruddin Ali Ahmed died in office, the then Vice-President
B.D.Jatti acted as the president.
• The Vice-President Dr.S. Radhakrishnan discharged the duties of the President in June
1960 when the then President Dr. Rajendra Prasad was on a 15-day tour to the former
USSR. Also, again in July 1961, he discharged the functions of the President when Dr.
Rajendra Prasad was very ill.
• The V.P gets the salary, allowance, and remuneration, etc. as the chairperson of the
Rajya Sabha. As has been mentioned above, the V.P gets the salary, allowance etc. of
the President when he acts as the president, not as the chairperson of the Rajya sabha.
• The salary, emoluments, etc. of the chairperson of the Rajya Sabha is mentioned in
the second schedule of the Constitution of India.
Article 65: The Vice-President to act as President or to discharge his functions during
casual vacancies in the office, or during the absence of President.
As has already been mentioned above, the V.P shall act as the President in case of the President’s
death, resignation, removal or otherwise.
Article 66: Election of Vice-President
• The Vice-president is elected by members of an electoral college consisting of

the members of both the Houses of the Parliament. However, his election is different
from that of the President as the state legislatures have no part in it.
• The election is held in accordance with the system of proportional representation and
voting is done by the secret ballot.
• The V.P shall not be a member of either house of parliament or any state legislature, if
that is the case then that person is deemed to have vacated the M.P’s or M.L.A’s or
M.L.C’s post on the date on which he becomes the Vice-President.
Eligibility Criteria for Vice - President
• He/She should be a citizen of India

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• He/She has completed the age of 35 years.

• He/She should be qualified for the member of Rajya Sabha
• Does not hold any office of profit under union, state or local authority.
• However, for this purpose, the President, Vice-President, Governor of a State and a
Minister of the Union or a State are not held to be holding an office of profit. (An office
of profit is an office that would give its occupant the opportunity to gain a financial
advantage or benefit).
Important Points
• The Election Commission of India conducts the election to the office of the Vice-
President.
• The election of the next Vice-President is to be held within 60 days of the expiry of the
term of office of the outgoing Vice-President.
• Any person qualified to be elected and intending to stand for election as Vice-President is
required to be nominated by at least 20 MPs as proposers and at least 20 MPs as
seconders.
• A candidate seeking election as Vice-President is required to make a security deposit of
Rs.15,000/-.
• All doubts and disputes arising in connection with the election of the Vice-President are
inquired into and decided by the Supreme Court of India whose decision is final.(Art.71)
Article 67: Term of office of Vice-President
The Vice-President shall hold office for a term of five years from the date on which he enters
upon his office:
Provided that –
(a) A Vice-President may, by writing under his hand addressed to the President, resign his office;
(b) a Vice-President may be removed from his office by a resolution of the Council of States
passed by a majority of all the then members of the Council and agreed to by the House of the
People; but no resolution for the purpose of this clause shall be moved unless at least fourteen
days’ notice has been given of the intention to move the resolution;
(c) A Vice-President shall, notwithstanding the expiration of his term, continue to hold office
until his successor enters upon his office.
Article 68: Time of holding the election to fill a vacancy in the office of Vice-President and
the term of office of person elected to fill a casual vacancy.

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The election must be held before the completion of the incumbent Vice-President. Also, see Note
2 under Article 66.
Article 69: Oath or affirmation by the Vice-President
Every Vice-President shall, before entering upon his office, make and subscribe before
the President, or some person appointed in that behalf by him, an oath or affirmation in the
following form, that is to say – “I, A.B., do swear in the name of God /solemnly affirm that I
will bear true faith and allegiance to the Constitution of India as by law established and
that I will discharge the duty upon which I am about to enter.”
Article 70: Discharge of President’s functions in other contingencies.
• This article actually authorizes the Parliament to make provisions related to the President
and not the V.P.
Article 71:Matters relating to, or connected with, the election of a President or Vice-
President.
• See Note – 6 Under Article 66

• The Parliament is empowered to make laws related to such provisions of the Presidential
and Vice-Presidential matters such as elections, terms, and so on.
A few other important points about the V.P of India
• S. Radhakrishnan was the first V.P of India and he held the post twice from 1952-1957
and then from 1957-1962. Md. Hamid Ansari has replicated that i.e. from 2007-2012 and
from 2012- continuing.
• Shri Krishan Kant was the only V.P to have died in office.
• The V.P.s who went on to become the Presidents – Dr. S. Radhakrishnan, Zakir Hussain,
V.V. Giri, R. Venkataraman, S.D. Sharma, K.R. Narayanan.
• Because of the limited powers and functions the V.P of India is also at times termed as
“HIS SUPERFLUOUS HIGHNESS”

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Prime Minister & its Council of Ministers
In the Parliamentary system of Government, the Prime minister is the real executive (de facto
executive) and head of the government. Since 1947, India has had 14 Prime ministers.
Appointment: The Constitution does not contain any specific procedure on the appointment
procedure of the Prime minister. The Prime Minister is usually the leader of the party or alliance
that has a majority in the Lok Sabha, the lower house of India's Parliament. The Prime minister is
sworn in by the President of India. The President administers the Oath of Office and Oath of
Secrecy to the Prime Minister.
Article 74: There shall be a Council of Ministers with the Prime Minister at the head to aid and
advise the President who shall, in the exercise of his functions, act in accordance with such
advice.
• The President has discretionary powers when no party commands a majority in the lower
house or when a Prime minister in office dies suddenly and there is no obvious successor.
• The President may appoint a person as the Prime Minister and then ask him to prove his
majority in the Lower House (Lok Sabha) within a reasonable period. Also, a person who
is not a member of both houses may be appointed as the Prime minister for six months,
within which he should become a member of either house of Parliament.
Note: Minimum age for becoming a prime minister is 25 years.
• There is no restriction on the Prime minister to be only from the lower house like in the
United Kingdom’s Parliamentary system. Prime minister can also be the member of
Rajya Sabha.
• The Prime Minister holds office on the Pleasure of the President. He must resign if he
loses the majority in the lower house. This means that the term of the Prime minister is
not fixed. Also, his salary and allowances are determined by Parliament.
Power and Functions
• He is the head of Union Council of Ministers. The resignation or death of an incumbent

Prime Minister automatically dissolves the Council of Ministers.
• He is the principal channel of communication between the President and the Council of
Ministers
• The Prime Minister automatically becomes the leader of the House to which he belongs
• He is the Chairman of NITI Aayog, Inter-state Council, Cabinet committees, etc

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Role Descriptions
• Primus inter pares – first among the equals

• Inter stellas luna minores – a moon among lesser stars
Council of Ministers
Article 74: There shall be a Council of Ministers with the Prime Minister at the head to aid and
advise the President who shall, in the exercise of his functions, act in accordance with such
advice. The advice is binding on the President. Though the President may recommend
reconsidering such advice tendered, the reconsidered advice is binding on the President. This
provision was added by the 42nd and 44th Amendment Acts.
Article 75: The Prime Minister shall be appointed by the President and the other Ministers shall
be appointed by the President on the advice of the Prime Minister.
• Principle of Collective Responsibility: The Council of Ministers shall be collectively

responsible to the Lok Sabha. When a no-confidence motion was passed in the Lok
Sabha, the Council of Minister resigns in totality irrespective of their membership to
Rajya Sabha. They work as a team and swim or sink together. The Cabinet decision is
binding on all Cabinet ministers even if they differed in the Cabinet meeting.
• Principle of Individual Responsibility: this means that the Council of Ministers can hold
office during the pleasure of the President. The President can dismiss them on the advice
of the Prime Minister. Individual responsibility is essential to ensure the rule of
Collective Responsibility.
• Legal responsibility: There is no system of legal responsibility in India unlike in the
United Kingdom. It is not required that an order of the President for a public act should
be countersigned by a minister.
• The Oath of Office and Secrecy are administered to the Ministers by the President. Their
salary, allowance etc are determined by the Parliament from time to time.
• The Council of Ministers holds the office on the pleasure of the President. They may be
removed from their office at any time by the President on the advice of the Prime
Minister.
• The maximum strength of the Council of Ministers is fixed at 15% of the total number of
members of the House of People. This was added by the 91st Amendment Act of 2003.
• Any minister may participate in the proceedings of the house to which he/she may not be
a member. In such cases, the minister shall not have the power to participate in the voting
process. A minister shall also have the right to speak and take part in the proceedings of
any Committee of the Parliament or in the Joint sitting sessions.
• A person who is not a member of both houses may be appointed as a Minister for six
months, within which he should become a member of either house of Parliament.

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• Caretaker Government: The Supreme Court had mandated that ‘even after the dissolution
of the Lok Sabha, the Council of Ministers does not cease to hold office since the
President cannot exercise any executive powers without the aid and advice of the Council
of Ministers’.
Composition of the Council of Ministers
• Cabinet Ministers: Highest decision-making body advising the President on various

issues. They hold important portfolios and attend the Cabinet meeting. The word
‘Cabinet’ is mentioned in Article 352 of the Constitution added through the
44th Amendment act and is defined as ‘the council consisting of the Prime minister and
other ministers of cabinet rank appointed under Article 75’.
• Ministers of State: They are in-charge of independent departments of a ministry or
appointed to assist the Cabinet ministers. They are not members of the Cabinet and do not
attend its meetings unless invited.
• Deputy Ministers: they are not given independent charge and are appointed to assist the
Cabinet ministers or Ministers of State
• Parliamentary Secretaries: they are attached to senior ministers to assist them in their
Parliamentary duties.
The Parliament
The Organization of the Parliament
1. The Parliament consists of the President, the Lok Sabha and the Rajya Sabha.
2. Lok Sabha is the Lower House (First Chamber or Popular House) and Rajya Sabha is the
Upper House (Second Chamber or House of Elders).
The Composition of Rajya Sabha
1. 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.
2. 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.
3. The Fourth Schedule of the Constitution deals with the allocation of seats in the Rajya
Sabha to the states and union territories.
4. The representatives of states in the Rajya Sabha are elected by the elected members of
state legislative assemblies. The seats are allotted to the states in the Rajya Sabha on the
basis of population.

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The Composition of Lok Sabha
1. 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 may be nominated by the president from the Anglo-Indian
community.
2. At present, the Lok Sabha has 545 members.
3. The representatives of states in the Lok Sabha are directly elected by the people from
their respective constituencies.
4. The voting age was reduced from 21 to 18 years by the 61st Constitutional Amendment
Act, 1988.
Duration of the two Houses of Parliament
1. The Rajya Sabha is a permanent body and not subject to dissolution. However, one-third
of its members retire every second year. The retiring members are eligible for re-election
and re-nomination any number of times.
2. Unlike the Rajya 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.
Qualification, disqualifications etc. to be an MP
1. Eligibility
(a)Citizen of India.
(b) Minimum age – 30 years in Rajya Sabha and 25 years in Lok Sabha.
(c) He must possess other qualifications prescribed by Parliament. (Hence, the
Representation of People Act, 1951).
2. For being disqualified for being elected as an MP:
(a) If he holds any office of profit under the Union or state government
(b) If he is of unsound mind and stands so declared by a court.
(c) If he is an undischarged insolvent.
(d) if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state
or is under any acknowledgement of allegiance to a foreign state; and
(e) If he is so disqualified under any law made by Parliament (RPA, 1951).
3. The Constitution also lays down that a person shall be disqualified from being a member
of Parliament if he is so disqualified on the ground of defection under the provisions of
the Tenth Schedule.

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4. Double Membership - A person cannot be a member of both Houses of Parliament at the

same time.
5. 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.
The Speaker of the Lok Sabha
1. The Speaker is elected by the Lok Sabha from amongst its members (as soon as may be,
after its first sitting). The date of election of the Speaker is fixed by the President.
2. The Speaker offers his resignation to the Deputy Speaker and he can be removed by a
resolution passed by a majority of members of Lok Sabha, however, only after giving
him a 14-day notice.
3. He presides over a joint sitting of the two Houses of Parliament. Such a sitting is
summoned by the President to settle a deadlock between the two Houses on a bill.
4. He decides whether a bill is a money bill or not and his decision on this question is final.
5. He can’t vote in the first instance, though can vote in the event of a tie. When his removal
motion is under consideration, he can take part and speak in the proceedings and can vote
as well but not in the case of a tie. He can’t preside in that case. However, his motion can
be passed by an absolute majority only and can be considered only if it has the support of
at least 50 members.
6. G.V Mavalankar was the first Speaker of Lok Sabha.
7. The longest serving Speaker of Lok Sabha so far has been Balram Jakhar.
8. NOTE – There’s also a post known as Speaker Pro Tem, appointed by the President
himself. He is usually the oldest member of the last Lok Sabha and he presides over the
first session of the incoming Lok Sabha. President administers him the oath.
The Deputy Speaker of the Lok Sabha
1. Like the Speaker, the Deputy Speaker is also elected by the Lok Sabha itself from
amongst its members.
2. The date of election of the Deputy Speaker is fixed by the Speaker. The removal process
is same as that of a speaker and he offers his resignation to the Speaker of the Lok Sabha.
3. Madabhushi Ananthasayanam Ayyangar was the first Deputy Speaker of Lok Sabha.
4. He presides over the joint sitting in case of absence of the Speaker.
Sessions of Parliament
A ‘session’ of Parliament is the period spanning between the first sitting of a House and its
prorogation (or dissolution in the case of the Lok Sabha). The time period between the
prorogation of a House and its reassembly in a new session is called ‘Recess’. There are usually
three sessions. The budget session is the longest and winter is the shortest.
1. The Budget Session (February to May);

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2. The Monsoon Session (July to September); and

3. The Winter Session (November to December).
Important parliamentary terms, points, motions, bills, questions and Committees
1. The maximum gap between two sessions of Parliament cannot be more than six months.
2. The President summons and prorogues the two houses of parliament.
3. Quorum is the minimum number of members required to be present in the House before
transaction of any business. It is one-tenth of the total number of members in each House
including the presiding officer. It means that there must be at least 55 members present in
the Lok Sabha and 25 in the Rajya Sabha.
4. Every minister and the attorney general of India have the right to speak and take part in
the proceedings of either House, any joint sitting of both the Houses and any committee
of Parliament of which he is a member, without being entitled to vote.
5. Lame-Duck session refers to the last session of the existing Lok Sabha after a new Lok
Sabha has been elected.
6. Question Hour is the first hour of every parliamentary sitting.
7. A starred question (distinguished by an asterisk) requires an oral answer and hence
supplementary questions can follow.
8. An unstarred question, on the other hand, requires a written answer and hence,
supplementary questions cannot follow.
9. A short notice question is one that is asked by giving a notice of fewer than ten days. It
is answered orally.
10. The zero hour starts immediately after the question hour and lasts until the agenda for
the day (that is, regular business of the House) 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 parliamentary procedures and has been in existence since 1962.
11. Adjournment Motion It is introduced in the Parliament to draw the attention of the
House to a definite matter of urgent public importance and needs the support of 50
members to be admitted. Rajya Sabha isn’t permitted to make use of this device and the
discussion should last for not less than two hours and thirty minutes.
12. No-Confidence Motion Article 75 of the Constitution says that the council of ministers
shall be collectively responsible to the Lok Sabha. It means that the ministry stays in
office so long as it enjoys the confidence of the majority of the members of the Lok
Sabha. In other words, the 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.
13. A bill is a proposal for legislation and it becomes an act or law when duly enacted. It
could be classified as a private member bill or a public bill. A public bill is the one
introduced by any minister and a private bill is the one which is otherwise.
14. Bills can be ordinary, money or financial and constitutional amendment bills. Money bills
are the ones which are concerned with taxation, money matters which are specifically
mentioned in article 110. Financial bill is also concerned with such matters though with

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slight differences and is mention in articles 117(1) and 117(3). Constitution amendment
bills, which are concerned with the amendment of the provisions of the Constitution.
15. The Rajya Sabha 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, either with or
without recommendations. The decision of the speaker is final in deciding a bill is money
bill or not. Also, every such bill is deemed to be a public bill.
16. The provision of joint sitting is applicable to ordinary bills or financial bills only and not
to money bills or Constitutional amendment bills. In the case of a money bill, the Lok
Sabha has overriding powers, while a Constitutional amendment bill must be passed by
each House separately.
17. The term ‘budget’ has nowhere been used in the Constitution. It is the popular name for
the ‘annual financial statement’ that has been dealt with in Article 112 of the
Constitution.
18. The Railway Budget was separated from the General Budget in 1921 on the
recommendations of the Acworth Committee. From the year 2017, the railway budget
and the main financial budget were again merged and in 2017.
19. Consolidated Fund of India - It is a fund to which all receipts are credited and all
payments are debited. In other words, (a) all revenues received by the Government of
India; (b) all loans raised by the Government by the issue of treasury bills, loans or ways
and means of advances; and (c) all money received by the government in repayment of
loans forms the Consolidated Fund of India. Mentioned in article 266.
20. Public Account of India - All other public money (other than those which are credited to
the Consolidated Fund of India) received by or on behalf of the Government of India
shall be credited to the Public Account of India.
21. Contingency Fund of India - The Constitution authorised the Parliament to establish a
‘Contingency Fund of India’, into which amounts determined by law are paid from time
to time. Accordingly, the Parliament enacted the contingency fund of India Act in 1950.
This fund is placed at the disposal of the president, and he can make advances out of it to
meet unforeseen expenditure pending its authorisation by the Parliament.
22. Public Accounts Committee - It consists of 22 members (15 from the Lok Sabha and 7
from the Rajya Sabha). Term of members – 1 year. A minister cannot be elected as a
member of the committee. The chairman of the committee is appointed by the Speaker
from amongst its members. Until 1966–67, the chairman of the committee belonged to
the ruling party. However, since 1967 a convention has developed whereby the chairman
of the committee is selected invariably from the Opposition. The function of the
committee is to examine the annual audit reports of the Comptroller and auditor general
of India (CAG), which are laid before the Parliament by the president.
23. Estimates Committee – The largest committee of the Parliament. The term of office is
one year. A minister cannot be elected as a member of the committee. The chairman of
the committee is appointed by the Speaker from amongst its members and he is
invariably from the ruling party.
24. Committee on Public Undertakings – The term of office of the members is one year. A
minister cannot be elected as a member of the committee. The chairman of the committee

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is appointed by the Speaker from amongst its members who are drawn from the Lok
Sabha only.
State-wise list for Lok Sabha

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State wise list of Rajya Sabha

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Supreme Court of India: Composition, Power and Functions

The Indian constitution under Article 124(1) states that there shall be a Supreme Court of
India consisting of a Chief justice of India (CJI) and 34 judges including the CJI. The
Jurisdiction of the Supreme Court of India can broadly be categorised into original
jurisdiction, appellate jurisdiction and advisory jurisdiction. However, there are other
multiple powers of the Supreme Court.
Supreme Court of India

Supreme Court at the apex of the Indian Judiciary is the highest authority to uphold the
constitution of India, to protect the rights and liberties of citizens, and to uphold the values of
rule of law. Hence it is known as the guardian of our Constitution.
The Indian constitution provides for a provision of the Supreme Court under Part 5 (The Union)
and Chapter 6 titled The Union Judiciary. Indian Constitution has provided an independent
judiciary with a hierarchical setup containing High Courts and Subordinate Courts under it.
Supreme Court of India

Supreme Court at the apex of the Indian Judiciary is the highest authority to uphold the
constitution of India, to protect the rights and liberties of citizens, and to uphold the values of
rule of law. Hence it is known as the guardian of our Constitution.
The Indian constitution provides for a provision of the Supreme Court under Part 5 (The Union)
and Chapter 6 titled The Union Judiciary. Indian Constitution has provided an independent
judiciary with a hierarchical setup containing High Courts and Subordinate Courts under it.

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Composition of the Supreme Court

Article 124(1) and Amendment act of 2008 states that there shall be a Supreme Court of
India consisting of a Chief justice of India (CJI) and 34 judges including the CJI. Article
124(2) states that every judge of the Supreme Court shall be appointed by the President by
warrant under his hand and seal after consultation with such of the judges of the Supreme Court
and of the High Courts in the states.
Here the collegium system(appointment of judges to the courts) was followed also known as the
three judges cases, which comprises of the Chief Justice of India and four senior-most judges of
the SC, one chief justice of a high court and two of its senior-most judges. This system
demanded a consensus decision of all the senior-most judges in conformity with the Chief Justice
of India.
Jurisdiction (Articles 141, 137)

Articles 137 to 141 of the Constitution of India lay down the composition and jurisdiction of the
Supreme Court of India. Art 141, states that Law declared by Supreme Court is binding on all the
courts in India and Art 137 empowers SC to review its own judgment. The Jurisdiction of the
Supreme Court of India can broadly be categorised into three parts:
Original Jurisdiction- (Art 131)

This jurisdiction extends to cases originating in SC only and states that Indian SC has original
and exclusive jurisdiction in cases between:
• The government on one hand and one or more states on the other
• Government and one or more states on one side and other states on the other
• Two or more states
Appellate Jurisdiction- (Art 132,133,134)
The appeal lies with SC against the high court in the following 4 categories
1. Constitutional matters-if high court certifies that the case involves a substantial question of
law that needs interpretation of the constitution.
2. Civil matters- if the case involves a substantial question of law of general importance
3. The criminal matters-if high court has on appeal reversed the order of acquittal of an accused
and sentenced him to death or has withdrawn for trial before itself any case from subordinate
court
4. Special leave to appeal is granted by SC if it is satisfied that the case does not involve any
question of law. However, it cannot be passed in case of the judgment passed by a court or
tribunal of armed forces.

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However, under this jurisdiction, SC can transfer to itself cases from one or more high courts if it
involves the question of law in the interest of justice.
Advisory Jurisdiction (Art 143)

Article 143 authorises the President to seek an advisory opinion from the Supreme Court in the
two categories of matters-(a) matters of public importance (b) of any question arising out of pre-
constitution, treaty, agreement, engagement, Sanad or other similar instruments.
Also Art 144 states that all authorities civil and judicial in the territory of India shall act in aid of
the Supreme Court.
Powers of the Supreme Court

1. Power to punish for contempt (civil or criminal) of court with simple imprisonment for 6
months or fine up to 2000. Civil contempt means wilful disobedience to any judgment. Criminal
contempt means doing any act which lowers the authority of the court or causing interference in
judicial proceedings
2. Judicial review - to examine the constitutionality of legislative enactments and executive

orders. The grounds of review is limited by- Parliamentary legislation or rules made by the
Supreme Court.
3. Deciding authority regarding the election of President and Vice President
4. Enquiring authority in conduct and behaviour of UPSC members
5. Withdraw cases pending before high courts and dispose of them itself
6. Appointment of ad hoc judges-Art 127 states that if at any time there is lack of quorum of
Judges of Supreme Court, the CJI may with the previous consent of the President and Chief
Justice of High Court concerned request in writing the attendance of Judge of High Court duly
qualified to be appointed as Judge of SC.
7. Appointment of retired judges of supreme court or high court - Art 128- The CJI at any
time with the previous consent of the President and the person to be so appointed can appoint
any person who had previously held the office of a Judge of SC.
8. Appointment of acting Chief Justice- Art 126- when the office of CJI is vacant or when the
Chief Justice is by reason of absence or otherwise unable to perform duties of the office, the
President in such case can appoint Judge of the court to discharge the duties of the office.
9. Revisory Jurisdiction: The Supreme Court under Art. 137 is empowered to review any
judgment or order made by it with a view to removing any mistake or error that might have crept
in the judgement or order.
10. Supreme Court as a Court of Record

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The Supreme Court is a court of record as its decisions are of evidentiary value and cannot be
questioned in any court.
Removal of Supreme Court Judge:

A judge of Supreme Court can be removed only from the office by the President on the basis of a
resolution passed by both the Houses of parliament with a majority of the total membership and a
majority of not less than two-thirds of the members present and voting in each house, on the
grounds of proved misbehaviour or incapacity of the judge in question.
Hence, a democratic country like India needs a judiciary because democratic values tend to lose
their prominence without proper checks and balances.
Powers of State Governor in Indian Constitution

Article 157 in The Constitution of India 1949 says that no person shall be eligible for
appointment as Governor unless he is a citizen of India and has completed the age of thirty
five years. Governor is also the chief executive head of the state, who exercises his function
in accordance with the advice of council of ministers of the state concerned. In addition to
this, the governor holds dual role as he functions as an agent of central government also.
Article 157 in The Constitution of India 1949 says that no person shall be eligible for
appointment as Governor unless he is a citizen of India and has completed the age of thirty five
years. Governor is also the chief executive head of the state, who exercises his function in
accordance with the advice of council of ministers of the state concerned. In addition to this, the
governor holds dual role as he functions as an agent of central government also.
Under Article 153 there shall be Governor of each state and also nothing in this article shall
prevent the appointment of the same person to be appointed as Governor of two or more states.
The executive power of the state shall be vested in the Governor and shall be exercised by him
directly or through officers subordinate to him.
Appointment of Governor
Qualification for appointment as governor (Article 157) –
The constitution has laid down following qualifications to be appointed as Governor:
• No person shall be eligible to be appointed as Governor unless he is citizen of India
• He should have completed the age of 35 years.

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• He should be such a person who is outside the state so as to not indulge in local politics
• When the same person is appointed as governor for 2 or more states, the emoluments and
allowances payable to the Governor shall be allocated among the states in such a manner as the
President by order determine.
• The emoluments and allowances of the Governor shall not be diminished during his term of
office.
Powers of Governor
The Governor of the state shall possess executive, legislative, financial and judicial powers. But
he does not possess diplomatic, military or emergency powers which President of India has.
The powers and functions of Governor can be classified under following heads:
1. Executive powers
2. Legislative powers
3. Financial powers
4. Judicial powers
Executive Powers
As stated above the executive powers refer to those powers which are exercised by the council of
ministers in the name of Governor. Hence Governor is only nominal head and council of
ministers is the real executive. The following posts are appointed by Governor and hold office
during his term: Chief Minister of the state, other ministers of the state on the advice of Chief
Minister, Advocate General. He can recommend the imposition of constitutional emergency in a
state to the President. During the period of President’s rule in a state, the governor enjoys
extensive executive powers as an agent of the President.
Legislative Powers:
This power of Governor can be classified further in to 2 sub groups i.e. wrt to bills and wrt
legislature.
With Respect to Bills

• When a bill other than money bill is presented before Governor for his assent, he either gives
assent to the bill, with hold his assent to the bill, return the bill for reconsideration of houses, but
if the bill is passed again by state legislature with or without amendments, he has to give his
assent or reserve the bill for consideration of President.

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However, the Governor also cannot send money bill back for reconsideration. This is because the
money bill would usually be introduced with prior assent of Governor only. In case the money
bill reserved for Presidents assent, the President has to state whether he is giving assent or
withholding his assent.
With Respect to Legislature:

He has the power to summon, prorogue the state legislature and can also dissolve the legislative
assembly when it loses the confidence (art 176).
Financial Powers
• He lays before the legislature annual financial statement (state budget)
• Money bill can only be introduced in state legislature on his prior recommendation
• No demand for grant can be made except on his recommendation
• Money from contingency fund can be withdrawn after his recommendation for meeting the
unforeseen expenditures
• He constitutes finance commission for every 5 years to review the financial situation of
municipality and panchayats.
Judicial Powers –
President consults the Governor of the concerned state while making appointment to the judges
of State High Court.
Pardoning powers-
He has the below pardoning powers against any offences to which state power extends.
• Pardon- completely absolve the offender

• Reprieve- stay on execution of sentence
• Respite-awarding lesser punishment in some special circumstances
• Remission- reduction of sentence without changing the character
• Commutation-substitution of one form with other
Discretionary Powers-
Ordinance making power
Removal of Governor
• President in effect of central government has the power to remove governor of any state at any
time even without giving any reasons for his removal
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• However this power cannot be exercised in arbitrary manner. It is to be exercised in rare and
exceptional circumstances for valid and compelling reasons
• The mere reason that Governor is at variance with the policies and ideologies of the central
government or central government has lost confidence in him cannot be the reason for his
removal.
• Change in central government cannot be the reason for his removal
• The decision to remove a Governor can be challenged in any court of law. The court in any case
required can ask the central government to produce the materials on the basis of which the
decision was made to verify the presence of compelling reasons.
Chief Minister in India: Appointment, Powers and Functions

The Governor is a state's de jure head, but de facto executive authority rests with the Chief
Minister. So, Chief Minister is the real executive of the Government. Article 164 of the
Constitution says that the Chief Minister shall be appointed by the governor.
Appointment of Chief Minister

Our constitution does not specifically mention about the qualification to be appointed as Chief
Minister (CM). Article 164 of the Constitution envisages that the Chief Minister shall be
appointed by the governor. However, this does not imply that the governor is free to appoint
anyone as the Chief Minister of the state or UT.
Powers and functions of the Chief Minister

The powers and functions of CM can be classified under following heads:
• With respect to council of ministers –

The following are the powers of CM with respect to state council of ministers –
1). He advises the Governor to appoint any person as a minister. It is only according to the
advice of CM the Governor appoints ministers.
2). Allocation and reshuffling of portfolios among ministers.
3). In case of difference of opinion; he can ask minister to resign.
4). Directs, guides and controls activities of all the ministers.
5). If the Chief Minister resign then full cabinet has to resign.
With Respect to Governor -
Under Article 167 of our constitution: The Chief Minister acts as a link between Governor and
state council of ministers. The functions with respect to the Governor are as follows:
1). CM has to communicate to the Governor all the decisions of the council of ministers relating
to the administration of the states.
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2). Whenever the Governor calls for any information relating to the decisions taken or regarding
the administration, the CM has to provide him the same
3). The Governor can ask for consideration of council of ministers when a decision has been
taken without the consideration of the cabinet.
4). CM advises Governor regarding the appointment of important officials like Attorney General,
State Public Service Commission (Chairman and Members), State Election Commission etc.
• With Respect to State Legislature –
1) All the policies are announced by him on the floor of the house.
2) He recommends dissolution of legislative assembly to the Governor.
3) He advises the Governor regarding summoning, proroguing the sessions of State Legislative
Assembly from time to time.
• Other Functions
1) At the ground level he is the authority to be in contact with the people regularly and know
about their problems so as to bring about policies on the floor of the assembly.
2) He acts as the chairman of State Planning Commission.
3) He is the vice chairman of concerned zonal council in rotation for a period of one year.
4) During emergencies he acts as the crisis manager in the state.
S from the above explanation it can be conclude that the Chief Minister of a state has wide range
of functions. He is the leader of the MLAs elected by the general public of the state.
COUNCIL OF MINISTERS
The Chief Minister is appointed by the Governor who also appoints other ministers on the advice
of the Chief Minister. The Council of ministers is collectively responsible to legislative assembly
of the State. LEGISLATURE For every state, there is a legislature which consists of Governor
and one House or, two Houses as the case may be. In Bihar, Jammu and Kashmir, Karnataka,
Maharashtra and Uttar Pradesh, there are two Houses known as legislative council and legislative
assembly. In remaining states, there is only one House known as legislative assembly. Parliament
may, by law, provide for abolition of an existing legislative council or for creation of one where
it does not exist, if proposal is supported by a resolution of the legislative assembly concerned.
Legislature of the Union which is called Parliament , consists of President and two Houses,
known as Council of States (Rajya Sabha) and House of the People (Lok Sabha). Each House of
Parliament has to meet within six months of its previous sitting. A joint sitting of two Houses can
be held in certain cases.
LEGISLATIVE COUNCIL
Legislative Council (Vidhan Parishad) of a state comprises not more than onethird of total
number of members in legislative assembly of the state and in no case less than 40 members
(Legislative Council of Jammu and Kashmir has 36 members vide Section 50 of the Constitution
of Jammu and Kashmir). About one-third of members of the council are elected by members of
legislative assembly from amongst persons who are not its members, one-third by electorates
consisting of members of municipalities, district boards and other local authorities in the state,

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one-twelfth by electorate consisting of persons who have been, for at least three years, engaged
in teaching in educational institutions within the state not lower in standard than secondary
school and a further one-twelfth by registered graduates of more than three years standing.
Remaining members are nominated by Governor from among those who have distinguished
themselves in literature, science, art, cooperative movement and social service. Legislative
councils are not subject to dissolution but one-third of their members retire every second year.
LEGISLATIVE ASSEMBLY
Legislative Assembly (Vidhan Sabha) of a state consists of not more than 500 and not less than
60 members (Legislative Assembly of Sikkim has 32 members vide Article 371F of the
Constitution) chosen by direct election from territorial constituencies in the state. Term of an
assembly is five years unless it is dissolved earlier.
High Courts in India

As per the Constitution of India, Articles 214-231 deals with the provisions of the High
Courts in India. At present, we have 24 high courts in the country, which includes 3
common high courts. Article 217 deals with the appointment of judges. However, there is
also a procedure for removal of Judges of the High Court.
High Court
According to the Indian Constitution, Articles 214-231 deals with the provisions of High Courts
in India. It provides for separate high courts for separate states but according to 7th constitutional
amendment act the same high court can be the court for more than one state. At present, we have
21 high courts in the country, which includes 3 common high courts.
Constitution and composition of High courts

Every high court consists of a Chief Justice and a number of judges, who are determined by the
President from time to time. Article 217 deals with the appointment of judges and states that
every judge of high court shall be appointed by the President by warrant under his hand and seal
after consultation with the Chief Justice of India, the Governor of the state.
Jurisdiction and powers of High Court

The powers and jurisdiction of High Court can be classified under following heads:
1) Original Jurisdiction- it means that applicant can directly go to High Court and not by means
of appeals. This power is used in the following matters –
• Disputes arising out of relating to members of Parliament and state legislative assembly
• Relating to marriage, law, admiralty divorce, contempt of court etc

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• Enforcement of fundamental rights (Supreme Court also has this power)
• Cases transferred from other court to itself which involves a question of law.
2) Writ Jurisdiction- Article 226 states that High Court shall have power throughout the
territories in relation to which it exercises jurisdiction to issue to any person or authority
including in appropriate cases, any government, within those territories directions, orders, or
writs.
3) Appellate Jurisdiction-
It is said that the high court is the primary court of appeal i.e. it has power to hear the appeals
against the judgment of the subordinate courts within its territories. This power can be classified
in to 2 categories-Civil jurisdiction and Criminal jurisdiction
In civil cases its jurisdiction includes to the orders and judgments of the district courts, additional
district courts and other subordinate courts.
In criminal cases its jurisdiction includes judgments relating to sessions courts and additional
sessions court. These cases should be involving imprisonment for more than 7 years,
confirmation of any death sentence awarded by session court before execution
4) Power of Superintendence –
The High Court has this power over all courts and tribunals except those dealing with the armed
forces functioning in the state. Hence in the exercise of this power it may –
• Call for return from such courts
• May issue general rules and prescribe forms for regulating the practice and proceedings of such
courts
• Prescribe the form in which books and accounts are being kept by the officers of any court
• Settle fees payable to the sheriff clerks, officers and legal practitioners
The constitution does not place any restriction on this power of superintendence over the
subordinate courts, it is not only by means of appeal by the person, it can be suo motto. It is of
the nature of revision as it verifies the earlier judgments. In this regard it is considered as a
special function as the Supreme Court has no similar power vis a vis the High Court.
5) Control over Subordinate Courts –

This is an extension of the above supervisory and appellate jurisdiction. It states that the High
Court can with draw a case pending before any subordinate court, if it involves the substantial
question of law. The case can be disposed of itself or solve the question of law and return back to

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the same court. In the second case the opinion tendered by High court would be binding on the
subordinate court. It also deals with matters pertaining to posting promotion, grant of leave,
transfer and discipline of the members there in. In this regard it appoints officers and servants to
be made by Chief Justice or such other judge of High Court as the Chief Justice may direct.
6) Court of Record – It involves recording of judgments, proceedings and acts of high courts to
be recorded for the perpetual memory. These records cannot be further questioned in any court.
Based on this record it has power to punish for the contempt of court either with simple
imprisonment or with fine or both.
7) Judicial Review –
This power of High Court includes the power to examine the constitutionality of legislative and
executive orders of both central and state government. It is to be noted that the word judicial
review is no where mentioned in our constitution but the Article 13 and 226 explicitly provide
High Court with this power.
8) Extension of jurisdiction of High Court to Union Territories –

Parliament by law may extend the jurisdiction of a High Court to or exclude the jurisdiction of a
high court from any union territory.
Procedure for removal of Judges:

The judge’s enquiry act governs the removal or impeachment of judges of High Court. Hence the
grounds for removal are
• Proved misbehaviour
• Incapacity
He is removed by the President as per the removal order passed by each house of the parliament
by a special majority i.e. a majority of the total membership of the house and a majority of not
less than two thirds of members present and voting. A detailed procedure followed is as follows:
1. The initial removal motion to be signed by 100 members in Lok Sabha or by 50 members of
Rajya Sabha and be presented to the speaker/ chairman of the house.
2. The speaker has the option of either accepting or rejecting the motion
3. If it is accepted a committee would be constituted to investigate the matter
4. The committee so constituted consists of chief justice or judge of Supreme Court, chief justice
of high court and a distinguished jurist.
5. If the committee ascertains the guilty of the judge then the houses take up the issue.

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6. If the motion is passed in each house of the parliament by a special majority then the it is later
presented to the President for his assent.
7. The President then passes order for removal of judge. The judge is considered removed from
that day. (In fact no judge has been removed till now)
Transfer of a judge from one high court to another (Article 222) – according to it the
President may after consultation with the chief justice of India transfer a judge from one High
Court to any High Court. Also when a judge has been or is so transferred he shall during the
period he serves, after the commencement of the constitution act as a judge of the other high
court, so shall be entitled to receive in addition to his salary such compensatory allowance as
may be determined by Parliament by law and until so determined such compensatory allowance
as the President may by order fix.
Later on in 1977 in K Ashok Reddy case ruled that there requires judicial review in case of
arbitrary transfer of judges. Hence as to locus standi only the judge who is transferred can
challenge it.
Appointment of acting Chief Justice (Article 223) - when the office of Chief Justice of a High
Court is vacant or when any such Chief Justice by reason of absence or otherwise, unable to
perform the duties of his office, the duties of the office shall be performed by such one of the
other Judges of the court as the President may appoint for the purposes.
However, appointments of persons other than district judges to the judicial service of a state shall
be made by the Governor of the state in accordance with rules made by him after consultation
with the state public service commission and with the high court exercising jurisdiction in
relation to such state.

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Subordinate Courts in India

The District Courts of India are the district courts of the State governments in India for
every district or for one or more districts together taking into account the number of cases,
population distribution in the district. They administer justice in India at a district level.
These courts are under administrative control of the High Court of the State to which the
district concerned belongs. The decisions of District court are subject to the appellate
jurisdiction of the High court.
The District Courts of India are the district courts of the State governments in India for every
district or for one or more districts together taking into account the number of cases, population
distribution in the district.
They administer justice in India at a district level. These courts are under administrative control
of the High Court of the State to which the district concerned belongs. The decisions of District
court are subject to the appellate jurisdiction of the High court.
The provisions related to subordinate courts are provided in the 6th part of the Indian
Constitution. Articles 233-237 deal with the subordinate courts.

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Control over Subordinate Courts –

This is an extension of the above supervisory and appellate jurisdiction. It states that the High
Court can with draw a case pending before any subordinate court, if it involves the
substantial question of law. The case can be disposed of itself or solve the question of law and
return back to the same court.
In the second case the opinion tendered by High court would be binding on the subordinate
court. It also deals with matters pertaining to posting promotion, grant of leave, transfer and
discipline of the members there in.
High court has complete authority and control over its officers and employees. In this regard
it appoints officers and servants to be made by Chief Justice or such other judge of High Court as
the Chief Justice may direct. However the Governor of the state may by rule require that in such
cases as may be specified in the rule no person not already attached to the court shall be
appointed to any office connected with the court except after the consultation with the state
public service commission.
The subordinate courts include the District Judges, Judges of the city civil courts, Metropolitan
magistrates and members of the judicial service of the state.

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Appointment of the District Judges as per Article 233,

1). Appointments and promotion of district judges in any state shall be made by the Governor of
the state in consultation with the high court exercising jurisdiction in relation to such state
2). A person not already in the service of the Union or of the state shall only be eligible to be
appoint a district judge if he has been for not less than 7 years an advocate or a pleader and is
recommended by the high court for appointment.
Control over subordinate courts is the collective and individual responsibility of the High Court
as it is the head of the judiciary in the state and has got administrative control over the
subordinate courts in respect of certain matters.

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List of Constitutional and Non-Constitutional Bodies in India
Definition of Constitutional Bodies: These are the bodies that are mentioned in the constitution
of India and so considered as independent and more powerful.
Examples: Election Commission, Union Public Service Commission and National Commission
for SCs and STs.

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List of the Constitutional Bodies in India is;
Definition of Non-Constitutional Bodies: Non Constitutional or Extra Constitutional

bodies are the same. These bodies aren't defined in the Constitution of the country. As the
Central Bureau of Investigation (CBI) is not a constitutional body because it was established in
1963 by a resolution of the Ministry of Home Affairs.
Hence these are bodies that are formed by executive resolution or action, which means that they
are formed by the government’s action.

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List of the Non-Constitutional Bodies in India is;
Government bodies are more powerful and permanent in nature while on the other Non-
Constitutional Bodies are made as per the requirements of the country and can be abolished if the
executive thinks so. As we have seen it in the case of the Planning Commission of India which
was replaced by the NITI Aayog on January 1, 2015.
Election Commission of India: Composition, Tenure and Functions

The Election Commission of India is the election conducting body. Article 324 of the Indian
constitution envisages the Election Commission of India (ECI). It makes the election model
code of conduct for free and fair elections in the country.

Legal Lessons - Constitution and Polity Notes

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LEGAL LESSONS - CONSTITUTION AND POLITY NOTES

LEGAL LESSONS - LAW SCHOOL ENTRANCE EXAMS

The Acts passed before constitution

Regulating Act of 1773

Pitt’s India Act of 1784

Charter Act of 1833

• The Governor-General of Bengal was made the Governor-General of India.

Charter Act of 1853

LEGAL LESSONS - CONSTITUTION AND POLITY NOTES Page 1

• The Civil services were made accessible to the Indians.

Government of India Act of 1858

Indian Councils Act of 1861

Indian Councils Act of 1892

Indian Councils Act of 1909

LEGAL LESSONS - CONSTITUTION AND POLITY NOTES Page 2

Government of India Act, 1919

• The Central and Provincial lists of subjects were introduced in legislature.

Government of India Act of 1935

Indian Independence Act of 1947

LEGAL LESSONS - CONSTITUTION AND POLITY NOTES Page 3

What is the Preamble of the Constitution of India?

The Preamble states:

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

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November 1949, do HEREBY

The Four Components of the Preamble are:

The keywords in the Preamble are explained below:

LEGAL LESSONS - CONSTITUTION AND POLITY NOTES Page 4

LEGAL LESSONS - CONSTITUTION AND POLITY NOTES Page 5

Interpretation by the Supreme Court

LEGAL LESSONS - CONSTITUTION AND POLITY NOTES Page 6

Features of the Indian Constitution

• Cabinet System of Ministers

• Parliamentary Type of Govt.

• Lower House more powerful

• Council of Ministers responsible to Lower House

• Speaker in Lok Sabha

• Vice-President as the ex-officio Chairman of Rajya Sabha

LEGAL LESSONS - CONSTITUTION AND POLITY NOTES Page 7

• Independence of Judiciary and judicial review

• Removal of Supreme Court and High Court Judges

• Five year Plan

• Language of the preamble

From WEIMAR CONSTITUION OF GERMANY

• Distribution of powers between centre and the states

• And placing residuary powers with the centre

• Method of election of President

• Nomination of members in the Rajya Sabha by the President

LEGAL LESSONS - CONSTITUTION AND POLITY NOTES Page 8

Salient Features of the Constitution

Parliamentary Form of Government: India has a Parliamentary Form of Government. India

LEGAL LESSONS - CONSTITUTION AND POLITY NOTES Page 9

Basic Structure (Doctrine) of the Constitution

Basic structure (doctrine) of the Constitution

Evolution of the Basic Structure

The basic features of the Constitution are as follows:

LEGAL LESSONS - CONSTITUTION AND POLITY NOTES Page 11

Important Supreme Court Decisions

LEGAL LESSONS - CONSTITUTION AND POLITY NOTES Page 12

Indian Constitution: Important Amendments at a Glance