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• The constitution is nothing but a legal
document and the Indian constitution is the
supreme law of India. It explains the various
players who are in authority in the country,
their power and limits of their power.
• It also defines the fundamental rights and
duties of citizens. World’s largest
constitution presently having 448 articles in
25 parts and 12 scheduled. But it had 395
articles in 22 parts and 8 schedules in
commencement time
Union and Its Territory (Article 1 – 4)
• Article 1:
• Article 1(1) states that India, that is Bharat,
shall be a Union of States.
• Article 1(2) states that the States and the
territories will be specified in the First
Schedule.
• Article 1(3) states that the territory of India
will comprise the following −
1. The territories of the States;
2. The Union territories mentioned in the First
Schedule; and
3. Such other territories as may be acquired.
• Article-1 describes India as a ‘Union of
States’.
• Dr. B.R. Ambedkar said that the Indian
federation was a “Union” because it
was indissoluble, and no State had a
right to separate from the Indian Union.
• The country is one integral unit beside
the fact that it consists of different
states for the convenience of
administration.
• The phrases ’ Union of India’ and
‘Territory of India’ has to be
differentiated.
• The Union of India includes only the
States enjoying the Status of being
members of the federal system and
sharing the powers with the Union.
• The territory of India includes not only
the States but also the Union
Territories and such other territories as
may be acquired by India in future.
• First Schedule of the Constitution has
specified states and the Territories
both.
• Article – 2:

• It deals with admission or

establishment of new States.
Parliament may by law admit into the
Union, or establish, new States based
on terms and conditions.
• Article- 3:
• It states that the Parliament may by law form
a new State by separation of a territory from
any State or by uniting two or more States
completely or in parts or by uniting any
territory to a part of any State. It deals with
the following:
• Formation of new States
• Alteration of areas of States
• Boundaries or names of existing States
• Thus Parliament can increase or diminish
the area of any State or can alter the
boundaries or names of any State.
Parliament follows the following procedures
in this regard.
• Step-1: Either House of the Parliament, only
on the recommendation of the President, can
introduce a Bill giving effect to any or all the
changes stated above.
• Step-2: If such a bill affects the boundary or
name of a State, then the President will refer
the Bill to the concerned State Legislature
before introducing it in the Parliament for their
opinion.
• Step-3: If the State Legislature fails to express
an opinion within the given time limit then it is
deemed that it has expressed its views.
Parliament is not bound to accept or act upon
the views of the State Legislature even if State
has submitted their views within the time
period.
• In the case of Union Territories, it is not
necessary to seek the views of Legislatures
of Union Territories before such Bill.
• Article-2 is related to the admission or
establishment of new states that are not
part of India.
• Thus this Article provides power to create a
new state beyond the present territory. On
the other hand,
• Article-3 deals with the establishment or
creation of new states after the
reorganization of existing states which are
already parts of India.
• Prior recommendation of
the President of India is
necessary for the state
creation/renaming bill. (Article 3).
No such provision is mandatory
under Article 2 (new states).
• Article-4:

• It says that any law referred to in Article-2

or Article-3 will contain such provisions for
the amendment of the Ist Schedule and
the IVth Schedule necessary to provide
effects to the provisions of law and may
also contain such supplemental,
incidental, and consequential provisions,
as the Parliament may deem necessary.
• This Article allows for consequential
changes in the Ist Schedule i.e. names
of the States in the Union of India and
IVth Schedule i.e. a number of seats
allotted in the Rajya Sabha for each
state. Constitution will not treat any
such law altering existing States or
creating a new State, as the
amendment.
• The territorial waters and the exclusive
economic zones shall also become part of
the states or union territories in the absence
of any listing of them separately in Schedule
1 and 4 of the constitution.
• The difference between the territorial
sea and the exclusive economic zone is that
the first confers full sovereignty over the
waters, whereas the second is merely a
“sovereign right” which refers to the coastal
state’s rights below the surface of the sea.
The surface waters, as can be seen in the
map, are international waters.
PART II CITIZENSHIP
• Citizenship is listed in the Union List under
the Constitution and thus is under
the exclusive jurisdiction of Parliament.
• The Constitution does not define the term
‘citizen’ but details of various categories of
persons who are entitled to citizenship are
given in Part 2 (Articles 5 to 11).
• Unlike other provisions of the Constitution,
which came into being on January 26,
1950, these articles were enforced on
November 26, 1949 itself, when the
Constitution was adopted.
• Article 5: It provided for citizenship
on commencement of the
Constitution.

• All those domiciled and born in

India were given citizenship.
• Even those who were domiciled but not
born in India, but either of whose
parents was born in India, were
considered citizens.
• Anyone who had been an ordinary
resident for more than five years, too,
was entitled to apply for citizenship.
• Article 6: It provided rights of
citizenship of certain persons who
have migrated to India from
Pakistan.

• Since Independence was preceded by

Partition and migration, Article 6 laid
down that anyone who migrated to
India before July 19, 1949, would
automatically become an Indian citizen if
either of his parents or grandparents
was born in India.
• But those who entered India after this
date needed to register themselves.
• Article 7: Provided Rights of
citizenship of certain migrants to
Pakistan.

• Those who had migrated to Pakistan

after March 1, 1947 but subsequently
returned on resettlement permits
were included within the citizenship
net.
• The law was more sympathetic to
those who migrated from Pakistan
and called them refugees than to
those who, in a state of confusion,
were stranded in Pakistan or went
there but decided to return soon.
• Article 8: Provided Rights of
citizenship of certain persons of
Indian origin residing outside
India.

• Any Person of Indian Origin

residing outside India who, or either
of whose parents or grandparents,
was born in India could register
himself or herself as an Indian
citizen with Indian Diplomatic
Mission.
• Article 9: Provided that if any
person voluntarily acquired the
citizenship of a foreign
State will no longer be a citizen
of India.
• Article10: It says that every person who is or
is deemed to be a citizen of India under any of
the foregoing provisions of this Part
shall, subject to the provisions of any law
that may be made by Parliament, continue to
be such citizen.

• Article 11: It empowers Parliament to make

any provision with respect to the acquisition
and termination of citizenship and all matters
relating to it.
• There are four ways in which
Indian citizenship can be
acquired: birth, descent,
registration and
naturalisation. The provisions are
listed under the Citizenship Act,
1955.
PART III FUNDAMENTAL RIGHTS
• 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.
• Initially, the Constitution of India had 7
Fundamental Rights borrowed from the
Constitution of the USA but the Right to
Property was dropped from the
Constitution.

• At present, the Indian Constitution

guarantees six Fundamental Rights.
• The Fundamental Rights are
enshrined in Part III of the
Constitution (Articles 12-35).
• Part III of the Constitution is
described as the Magna Carta of
India.

• ‘Magna Carta’, the Charter of Rights

issued by King John of England in
1215 was the first written document
relating to the Fundamental Rights of
citizens.
• The Fundamental Rights: The Constitution
of India provides for six Fundamental Rights:

• Right to equality (Articles 14–18)

• Right to freedom (Articles 19–22)

• Right against exploitation (Articles 23–24)

• Right to freedom of religion (Articles 25–28)

• Cultural and educational rights (Articles 29–30)

• Right to constitutional remedies (Article 32)

• Originally the constitution also
included Right to property (Article
31). However, it was deleted from the
list of Fundamental Rights by
the 44th Amendment Act, 1978.

• It is made a legal right under

Article 300-A in Part XII of the
Constitution.
• Article 12: Defines The State

• Article 12 of the Indian Constitution defines The

State as:

• The Government and Parliament of India,

• The Government and legislatures of the states,

• All local authorities and

• Other authorities in India or under the control of

the Government of India.
• According to Article 13, all laws that are
violative of fundamental rights shall be void.

• Here, there is an express provision

for judicial review. The SC and the High
Courts can declare any law unconstitutional
on the grounds that it is violative of the
fundamental rights. Article 13 talks about not
just laws, but also ordinances, orders,
regulations, notifications, etc.
• Amendability of Fundamental Rights

• Any changes to the fundamental rights

require a constitutional amendment that
should be passed by both the Houses of
Parliament. The amendment bill should
be passed by a special majority of
Parliament.
• As per the Constitution, Article 13(2)
states that no laws can be made that
take away fundamental rights.
• The question is whether a constitutional
amendment act can be termed law or not.
• In the Sajjan Singh case of 1965, the
Supreme Court held that the Parliament
can amend any part of the Constitution
including fundamental rights.
• But in 1967, the SC reversed its stance
taken earlier when in the verdict of the
Golaknath case, it said that the
fundamental rights cannot be amended.
• In 1973, a landmark judgement ensued in
the Kesavananda Bharati case, where the
SC held that although no part of the
Constitution, including Fundamental Rights,
was beyond the Parliament’s amending power,
the “basic structure of the Constitution could
not be abrogated even by a constitutional
amendment.”
• This is the basis in Indian law in which the
judiciary can strike down any amendment
passed by Parliament that is in conflict with
the basic structure of the Constitution.
• In 1981, the Supreme Court
reiterated the Basic Structure
doctrine.
• It also drew a line of demarcation as
April 24th, 1973 i.e., the date of the
Kesavananda Bharati judgement,
and held that it should not be applied
retrospectively to reopen the validity
of any amendment to the
Constitution which took place prior to
that date.
• Doctrine of Severability

• This is a doctrine that protects the

fundamental rights enshrined in
the Constitution.

• It is also known as the Doctrine of

Separability.
• It is mentioned in Article 13, according to
which all laws that were enforced in
India before the commencement of the
Constitution, inconsistent with the
provisions of fundamental rights shall to
the extent of that inconsistency be
void.
• This implies that only the parts of the
statute that is inconsistent shall be
deemed void and not the whole statue.
Only those provisions which are
inconsistent with fundamental rights
shall be void.
• Doctrine of Eclipse
• This doctrine states that any law that
violates fundamental rights is not null or void
ab initio, but is only non-enforceable, i.e., it
is not dead but inactive.
• This implies that whenever that fundamental
right (which was violated by the law) is
struck down, the law becomes active again
(is revived).
• Another point to note is that the doctrine of
eclipse applies only to pre-constitutional
laws (laws that were enacted before the
Constitution came into force) and not to
post-constitutional laws.
• Equality Before Law: Article
14 says that no person shall be
denied treatment of equality
before the law or the equal
protection of the laws within the
territory of India.

• The right is extended to all

persons whether citizens or
foreigners, statutory
corporations, companies,
registered societies or any
other type of legal person.
• Exceptions: As per article 361, the
President of India or Governor of
states is not answerable to any
court for the exercise of their
powers/duties and no civil or
criminal proceedings can occur or
continue against them in any court
during their term of office.
• Prohibition of
Discrimination: Article 15 provides
that no citizen shall be discriminated
on grounds only of religion, race,
caste, sex or place of birth.

• Exception: Certain provisions

can be made for the women,
children, citizens from any
socially or educationally
backward class for their
upliftment (such as reservation
and access to free education).
• Equality of Opportunity in Public
Employment: Article 16 of the Indian
constitution provides for equality of
opportunity for all citizens in matters of
employment or appointment to any
public office.

• Exceptions: There are provisions

for reservation in appointments or
posts for any backward class that is
not adequately represented in the
state services.
• Abolition of Untouchability: Article

17 abolishes ‘untouchability’ and forbids its

practice in any form. The enforcement of any

disability arising out of untouchability shall be

an offence punishable in accordance with law.

• Abolition of Titles: Article 18 of the
constitution of India abolishes titles and
makes four provisions in that regard:

• It prohibits the state from conferring

any title on any citizen or a foreigner
(except a military or academic
distinction).
• It prohibits a citizen of India from
accepting any title from any foreign
state.
• A foreigner holding any office of
profit or trust under the state
cannot accept any title from any
foreign state without the consent
of the President of India.
• No citizen or foreigner holding any
office of profit or trust within the
territory of India can accept any
present, emolument or office from
or under any foreign State without
the consent of the president.
• Right to Freedom (Article 19, 20, 21
and 22):
• Protection of 6 Rights: Article
19 guarantees to all citizens the six
rights of freedom including:

• Right to freedom of speech and

expression.

• Expressing one’s own views,

opinions, belief and convictions
freely by word of mouth, writing,
printing, picturing or in any other
manner.
• Right to assemble peaceably and
without arms.
• Includes the right to hold public
meetings, demonstrations and take
out processions which can be
exercised only on public land.
• It does not protect violent, disorderly
and riotous assemblies or strike.
• Right to form associations or unions
or co-operative societies.
• It includes the right to form (and not to
form) political parties, companies,
partnership firms, societies, clubs,
organisations, trade unions or any
body of persons.
• Right to move freely throughout the
territory of India.
• The freedom of movement has two
dimensions, viz, internal (right to move
inside the country) (article 19) and
external (right to move out of the
country and right to come back to the
country) (article 21).
• Right to reside and settle in any part of
the territory of India.
• The right of outsiders to reside and
settle in tribal areas is restricted to
protect the distinctive culture and
customs of scheduled tribes and to
safeguard their traditional vocation and
properties against exploitation.
• Right to practice any
profession or to carry on
any occupation, trade or
business.

• It doesn’t include the right

to carry on a profession that
is immoral (trafficking in
women or children) or
dangerous (harmful drugs
or explosives, etc,).
• Protection in Respect of Conviction for
Offences: Article 20 grants protection
against arbitrary and excessive punishment
to an accused person, whether citizen or
foreigner or legal person like a company or
a corporation. It provides that:

• No person shall be convicted of any offence

except for violation of a law in force at the time
of the commission of the act or subjected to a
penalty greater than that prescribed by the law.
• No person shall be prosecuted and punished
for the same offence more than once.
• No person accused of any offence shall be
compelled to be a witness against himself.
• Protection of Life and Personal
Liberty: Article 21 declares that no
person shall be deprived of his life or
personal liberty except according to
procedure established by law. This
right is available to both citizens and
non-citizens.

• The right to life is not merely confined to

animal existence or survival but also
includes the right to live with human
dignity and all those aspects of life
which go to make a man’s life
meaningful, complete and worth living.
• Right to Education: Article 21
(A) declares that the State shall provide
free and compulsory education to all
children of the age of six to fourteen
years.
• This provision makes only elementary
education a Fundamental Right and not
higher or professional education.
• This provision was added by
the 86th Constitutional Amendment Act of
2002.
• Before the 86th amendment, the Constitution
contained a provision for free and
compulsory education for children
under Article 45 in Part IV of the
constitution.
• Protection Against Arrest and
Detention: Article 22 grants protection to
persons who are arrested or detained.
• Detention is of two types,
namely, punitive (punishment after trial and
conviction) and preventive (punishment
without trial and conviction).
• The first part of Article 22 deals with the
ordinary law and includes:

• Right to be informed of the grounds of arrest.

• Right to consult and be defended by a legal
practitioner.
• Right to be produced before a magistrate within 24
hours, excluding the journey time.
• Right to be released after 24 hours unless the
magistrate authorises further detention.
• The second part of Article 22 deals with
preventive detention law. Protection
under this article is available to both
citizens as well as aliens and includes
the following:
• The detention of a person cannot exceed three
months unless an advisory board (judges of high
court) reports sufficient cause for extended detention.

• The grounds of detention should be communicated to

the detenu.

• The detenu should be afforded an opportunity to make

a representation against the detention order.
• Article 23 – Prohibition of traffic in human
beings and forced labour

• This provision is further divided into the

following –

• Article 23(1) – Human trafficking and ‘begar’

and other such forms of forced labour are
prohibited by virtue of this provision and any
kind of violation of this provision shall be a
punishable offence under the law.
• Article 23(2) – Nothing in this article shall
prevent the state from imposing
compulsory service for public purposes,
and in imposing such service the state
shall not make any discrimination based on
the grounds of religion, race, caste or class
or any of them.

• This provision not only protects citizens

from the State but also from private
citizens.
• Article 24 – Prohibition of employment of
children in factories, etc.
• This provision states that no child below
the age of fourteen years must be
employed to work in any factory or mine or
engaged in any other such hazardous
employment.
• This provision prohibits the employment of
children below the age of 14 in any
hazardous industry or factories or mines
irrespective of any exceptions. But the
employment of children in non-hazardous
work is legally allowed.
• Right to Freedom of Religion

• Article 25 – Freedom of conscience

and free profession, practise, and
propagation of religion

• This provision guarantees the

freedom of conscience, the freedom
to profess, practise, and propagate
one’s religion to all citizens.
• However, the said freedoms are subject to
public order, health, and morality. This article
further mentions that the State can make laws
to regulate or restrict financial, economic,
political or other secular activities relating to
religious practice.
• It further allows the social welfare and reform
or opening of Hindu religious institutions of a
public nature to all sections and classes of
Hindus.
• Article 26 – Freedom to manage religious
affairs
• This provision states that subject to morality,
health, and public order, every religious
denomination has the following rights –
• The right to form and maintain institutions for
religious and charitable intents.
• The right to manage its own affairs in the
matter of religion.
• The right to acquire immovable and movable
property.
• The right to administer such property
according to the law.
• Article 27 – Freedom as to payment of
taxes for promotion of any particular
religion

• As per this provision, no taxes shall be

imposed on such proceeds which are
directly used for the promotion and/or
maintenance of any particular
religion/religious denomination.
• Article 28 – Freedom as to attendance
at religious instruction or religious
worship in certain educational
institutions

• This provision enables the

establishment of educational
institutions that are maintained by
religious groups to disseminate
religious instruction.
• Cultural and Educational Rights
• Article 29 – Protection of Interests of Minorities
• This provision of the Constitution aims to protect
the interests of minority groups.
• Article 29(1)
• This provision states that any section of the
citizens residing in India having a distinct culture,
language, or script, have the right to conserve
their culture, language and script.
• Article 29(2)
• This provision mentions that the state must not
deny admission into educational institutes
maintained by it or those that receive aid from it
to any person based on the grounds of race,
religion, caste, language, or any of them.
• Article 30 – Right of Minorities to
Establish and Administer Educational
Institutions

• This right is provided to minorities to form

and govern their own educational
institutions. This is why the said provision
is also known as the ‘Charter of Education
Rights’.
• Article 30(1)
• This provision states that all religious
and linguistic minorities have the right
to establish and administer educational
institutions of their choice.
• Article 30(2)
• This provision provides that the state,
when granting aid to educational
institutions, shall not discriminate
against any educational institution
based on the reason that it is under the
management of a minority, whether
based on religion or language.
• Article 32 – Right to Constitutional Remedies
• The Constitution guarantees certain remedies if the
fundamental rights of the citizens are violated. The
State does not have the power or authority to infringe
upon or curb the right of any individual. In case these
rights are violated, the aggrieved individual can
approach the courts. They can even directly approach
the Supreme Court of India which can issue writs for
the enforcement of fundamental rights
• There are five kinds of writs that can be
issued by the court, they are –

• Habeas Corpus

• The term ‘Habeas Corpus’ means “to have

the body of”.

• As per this writ, the court has the authority to

call upon any person who is being detained to
assess the legality of their detention.
• Certiorari

• The term ‘Certiorari’ means “to be certified”. By the virtue of

this writ, a higher court reviews a case that has been tried in
a lower court. It is basically employed to seek judicial review
of a decision given by a court or a government authority.

• Prohibition

• The writ of ‘Prohibition’ is issued by a court to restrict or

prohibit the lower courts, tribunals and other such quasi-
judicial authorities from acting beyond their legal authority. It
is employed to check inactivity whereas the writ of
Mandamus checks activity.
• Mandamus

• The term ‘Mandamus’ means “We command”.

This writ is employed by the court to direct a
public official who has failed or refused to do his
duty, to resume his work. The writ
of Mandamus is also issued against a public
body, an inferior court, a corporation, a tribunal,
or a government.
PART IV DIRECTIVE PRINCIPLES
OF STATE POLICY
• Background: The source of the concept
of Directive Principles of State Policy
(DPSP) is the Spanish Constitution from
which it came in the Irish Constitution.

• The concept of DPSP emerged

from Article 45 of the Irish Constitution.
• Constitutional Provisions: Part
IV of the Constitution of India (Article
36–51) contains the Directive
Principles of State Policy (DPSP).

• Article 37 of the Indian

Constitution States about
the application of the Directive
Principles.

• These principles aim at

ensuring socioeconomic
justice to the people and
establishing India as a Welfare
State.
• Fundamental Rights Vs DPSP:

• Unlike the Fundamental Rights (FRs),

the scope of DPSP is limitless and it
protects the rights of a citizen and work at
a macro level.

• DPSP consists of all the ideals which

the State should follow and keep in
mind while formulating policies and
enacting laws for the country.
• Directive Principles are affirmative
directions on the other hand,
Fundamental Rights are negative or
prohibitive in nature because they put
limitations on the State.
 • The DPSP is not enforceable by
law; it is non-justiciable.
• It is important to note that DPSP
and FRs go hand in hand.

• DPSP is not subordinate to FRs

• Classification of Principles: The
Directive Principles are classified on
the basis of their ideological source
and objectives. These are Directives
based on:
• Socialist Principles
• Gandhian Principles
• Liberal and Intellectual Principles
• Directives based on Socialist
Principles

• Article 38: The State shall strive to

promote the welfare of the people by
securing and protecting a social order
by ensuring social, economic and
political justice and by minimising
inequalities in income, status, facilities
and opportunities
• Articles 39: The State shall in
particular, direct its policies towards
securing:
• Right to an adequate means of
livelihood to all the citizens.
• The ownership and control of
material resources shall be organised
in a manner to serve the common good.
• The State shall avoid concentration of
wealth in a few hands.
• Equal pay for equal work for both men
and women.
• The protection of the strength and
health of the workers.
• Childhood and youth shall not be
exploited.
• Article 41: To secure the right to work, to
education and to public assistance in
cases of unemployment, old age,
sickness and disability.

• Article 42: The State shall make

provisions for securing just and humane
conditions of work and for maternity
relief.
• Article 43: The State shall endeavour
to secure to all workers a living wage
and a decent standard of life.

• Article 43A: The State shall take steps to

secure the participation of workers in the
management of industries.

• Article 47: To raise the level of

nutrition and the standard of living of
people and to improve public health.
• Directives based on Gandhian Principles
• Article 40: The State shall take steps
to organise village panchayats as units of Self
Government
• Article 43: The State shall endeavour
to promote cottage industries on an individual
or cooperative basis in rural areas.

• Article 43B: To promote voluntary formation,

autonomous functioning, democratic control and
professional management of cooperative societies.
• Article 46: The State shall promote
educational and economic interests of the
weaker sections of the people particularly
that of the Scheduled Castes (SCs),
Scheduled Tribes (STs) and other weaker
sections.
• Article 47: The State shall take steps
to improve public health and prohibit
consumption of intoxicating drinks and drugs
that are injurious to health.
• Article 48: To prohibit the slaughter of
cows, calves and other milch and draught
cattle and to improve their breeds.
• Directives based on Liberal-Intellectual
Principles
• Article 44: The State shall endeavour to
secure for the citizen a Uniform Civil
Code through the territory of India.
• Article 45: To provide early childhood
care and education for all children until
they complete the age of six years.
• Article 48: To organise agriculture and
animal husbandry on modern and scientific
lines.
• Article 48A: To protect and improve the
environment and to safeguard the forests and
wildlife of the country.
• Article 49: The State shall protect
every monument or place of artistic or
historic interest.
• Article 50: The State shall take steps
to separate judiciary from the executive in
the public services of the State.
• Article 51: It declares that to establish
international peace and security the State
shall endeavour to:
• Maintain just and honourable relations with the
nations.
• Foster respect for international law and treaty
obligations.
• Encourage settlement of international disputes by
arbitration.
• Conflicts Between Fundamental Rights and
DPSP: Associated Cases
• Champakam Dorairajan v the State of
Madras (1951): In this case, the Supreme
Court ruled that in case of any conflict
between the Fundamental Rights and the
Directive Principles, the former would
prevail.
• It declared that the Directive Principles have to
conform to and run as subsidiary to the
Fundamental Rights.
• It also held that the Fundamental Rights could
be amended by the Parliament by enacting
constitutional amendment acts.
• Golaknath v the State of Punjab
(1967): In this case, the Supreme Court
declared that Fundamental Rights could
not be amended by the Parliament even
for implementation of Directive Principles.

• It was contradictory to its own judgement in

the ‘Shankari Parsad case’.
• Kesavananda Bharati v the State of
Kerala (1973): In this case, the Supreme
Court overruled its Golak Nath (1967)
verdict and declared that Parliament can
amend any part of the Constitution but
it cannot alter its “Basic Structure”.

• Thus, the Right to Property (Article 31) was

eliminated from the list of Fundamental Rights.
• Minerva Mills v the Union of India
(1980): In this case, the Supreme Court
reiterated that Parliament can amend any
part of the Constitution but it cannot change
the “Basic Structure” of the Constitution.
PART IVA FUNDAMENTAL DUTIES
• To abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem,
• To cherish and follow the noble ideals that inspired the national struggle
for freedom,
• To uphold and protect the sovereignty, unity and integrity of India,
• To defend the country and render national service when called upon to do
so,
• To promote harmony and the spirit of common brotherhood amongst
all the people of India transcending religious, linguistic and regional or
sectional diversities and to renounce practices derogatory to the dignity
of women,
• To value and preserve the rich heritage of the country’s composite
culture,
• To protect and improve the natural environment including forests,
lakes, rivers and wildlife and to have compassion for living creatures,
• To develop scientific temper, humanism and the spirit of inquiry and
reform,
• To safeguard public property and to abjure violence,
• 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, and
• To provide opportunities for education to his child or ward between
the age of six and fourteen years (added by the 86th Constitutional
Amendment Act, 2002).
PART V THE UNION
CHAPTER I.THE EXECUTIVE
• The Union Executive authorises powers
to the government to implement laws
that fall under Articles 52 to 78 of
Chapter- I of Part IV. Due to Its
important activities, the Union Executive
became the most significant branch of
the government.
• The union executive of India consists
of the President, the head of the State,
Vice-president and Prime Minister, and
Council of Ministers who governs the
Union and Attorney General.
• The Indian Constitution empowers the
President’s executive authority but is not
allowed to exercise it alone. The Prime
Minister supervises the Council of Ministers
helps the President exercise executive
power.

• The union executive of India consists

of three members to set laws and govern the
administrative work within the parliament.
• The President

• The President is the head of the state

and the Union Executive who exercises
executive powers under the supervision
and direction of the Prime Minister and
the Council of Ministers. All the
executive powers were implemented in
the name of the President.
• Qualification and duration to hold office
• The President must be a citizen of India. The Article
56 says that the minimum age of the President should
be thirty-five and he must be India’s citizen. Also, he
has to be qualified as the elective member of the
House of People.
• As per Article 56(1), The President can hold office for
5 years from when he take charge of his office from
the first day. The office of the President can be empty
in case of his resignation or impeachment and if he
dies or is disqualified by the Supreme Court.
• Power and Functions
• Under Article 53, the President of the Indian
Constitution can implement laws and order and is
a policymaker. He can supervise the armed force
as a Supreme Commander. He can address both
Parliaments.
• He can appoint judges of both the Supreme and
High Court and high officials of India. The
President can announce war and peace under
the prime minister’s direction and the Council of
Ministers.
• He can summon as well as dissolve the
parliament by his legislative powers The
President also exercises special power in times
of National as well as State and Financial
emergencies.
• The Vice President

• Under Articles 63 and 65, the Vice-President

plays an important role in the vacancy in the
President’s office. He must be the ex-
chairperson of the Rajya Sabha.

• He can exercise the function of the President in

his absence or any situation including his illness
as well as death or resignation from the office.
• The Prime Minister

• Under Article 73, the Prime Minister is

selected by the representatives of the
people among the members of the Lok
Sabha. He is the chief head of the
Government and head of the Council of
Ministers. He advises the President.
• Qualification and duration to hold office
• The Prime Minister has to be a member of Rajya
Sabha or Lok Sabha. He has to be twenty-five years
old, in case he is the member of Lok Sabha or more
than 30 years of age, if he is a Rajya Sabha
candidate.
• He must be a citizen of India. He cannot be a part of
any office that runs for profit under the Indian
Government of any state. He can hold the office for
indefinite time, but has to gain confidence of
President and Lok Sabha.
• Power and Function

• The Prime Minister became the communication link

between the parliament and the President. He is
responsible for advising the President to distribute
work under various ministries working for the Indian
Government.

• The council of the union executives must give all

the information regarding Union affairs or decisions
taken for the Cabinet meetings’ administration.
• Attorney General

• The Attorney General advises the Govt. of

India on legal matters and represents this in
front of the Supreme Court. They are
nominated by the President on the
recommendation of the Union Cabinet and
serve at the President’s discretion.
• Qualification and duration

• They has to be qualified for the role as a

Judge in the Supreme Court. Thus they
had to be a high court justice for 5 years,
or an attorney for 10 years, or an
outstanding jurist. There is no pre-decided
duration for the Attorney General of India.
• Power and Function

• The Attorney General advises the Government

on legal implications. They also carry out the
President’s legal responsibilities. The Attorney
General does have the right to attend in all
Indian courts and to join in Parliament
sessions, but do not vote. The Attorney
General represents the Government in all
Supreme Court proceedings.
• The Council of Minister

• Under Article 74, the council of the

union executives is the
constitutional body in parliament.
The Council of Ministers belongs to
60 to 70 ministers, including The
State Ministers as well as the
Cabinet Ministers and Deputy
Ministers.
• Qualification and duration to hold
office

• The Council of Ministers must qualify to

be a member of either House of the
Parliament. He must be a citizen of India.
There is no duration specified for them,
and the Prime Minister can ask any
Minister to resign, and the President can
appoint any Minister.
• Power and Function

• As the union executive of india consists

of the Council of Ministers, they can
exercise combined power with the
Legislative Assemblies. The true power in
the Country is held by the Council of
Ministers. Ministers, rather than the
Governor, take maximum decisions in the
cabinet.
CHAPTER II PARLIAMENT
• Supreme Legislative Body: The Parliament is the
legislative organ of a Union government and the
Parliament of India is its supreme legislative body.

• It occupies a pre-eminent and central position in the

Indian democratic political system due to the adoption of
the Parliamentary form of Government (‘Westminster’
model of government).
• First Parliament: The first general
elections under the new Constitution of India were
held during the year 1951-52 and the first elected
Parliament came into existence in April, 1952.
• Constitutional Provisions: Articles
79 to 122 in Part V of the Constitution
deal with the organisation, composition,
duration, officers, procedures,
privileges and powers of the
Parliament.
• Frame of Reference for
Parliament: The framers of the Indian
Constitution relied on the British
pattern for Parliament rather than the
American pattern.
• The President is not an integral part of the
legislature in the USA, however, in India, it
is.
• Organs of Parliament
• Rajya Sabha (The Council of States):
• About: It is the Upper House (Second
Chamber or House of Elders) and
it represents the states and union
territories of the Indian Union.

• The Rajya Sabha is called

the permanent House of the
Parliament as it is never fully
dissolved.
• The IV Schedule of the Indian
Constitution deals with the allocation
of seats in the Rajya Sabha to the
states and UTs.
• Composition: The maximum strength
of Rajya Sabha is 250 ( out of which
238 members are representatives of the
states & UTs (elected indirectly) and 12
are nominated by the President).

• Current strength of the house is

245, 229 members represent the
states, 4 members represent the UTs
and 12 are nominated by the president.
• Election of Representatives:
The representatives of states are elected
by the members of state legislative
assemblies.

• The representatives of each UT in the

Rajya Sabha are indirectly elected by
members of an electoral college
specially constituted for the purpose.

• Only three UTs (Delhi, Puducherry

and Jammu & Kashmir) have
representation in Rajya Sabha (others
don’t have enough population).
• The members nominated by the
President are those who have
special knowledge or practical
experience in art, literature,
science and social service.

• The rationale is to provide

eminent persons a place in the
house without going through
elections.
• Functions: Rajya Sabha has an
important role of reviewing and altering
the laws initiated by the Lok Sabha.
• It can also initiate legislation and a
bill is required to pass through the
Rajya Sabha in order to become a
law.
• Power:

• State Related Matters: The Rajya

Sabha provides representation to the
States. Therefore, any matter that
affects the States must be referred
to it for its consent and approval.

• If the Union Parliament wishes to

remove/transfer a matter from the
State list, the approval of the Rajya
Sabha is necessary.
• Lok Sabha (The House of the People):
About: It is the Lower House (First
Chamber or Popular House and it represents
the people of India as a whole.

• Composition: The maximum strength of the

Lok Sabha is fixed at 550 out of which 530
members are to be the representatives of the
states and 20 of the UTs.
 • The current strength of Lok
Sabha is 543, out of which 530
members represent the states and
13 represent the UTs.
• Functions: One of the most important
functions of the Lok Sabha is to select
the executive, a group of persons who
work together to implement the laws
made by the Parliament.

• This executive is often what we have in mind

when we use the term government.
• Powers:

• Decisions in Joint Sitting: Any

ordinary law needs to be passed by
both the Houses.

• However, in case of any difference

between the two Houses, the final
decision is taken by calling a joint
session of both the Houses.
• Due to a larger strength, the view of
the Lok Sabha is likely to prevail in
such a meeting.
• Power in Money Matters: Lok Sabha
exercises more powers in money
matters. Once the Lok Sabha passes the
budget of the government or any other
money related law, the Rajya Sabha cannot
reject it.

• The Rajya Sabha can only delay it by 14

days or suggest changes in it, however,
the former may or may not accept these
changes.
• Power over Council of Ministers: The Lok
Sabha controls the Council of Ministers.

• If the majority of the Lok Sabha members

say they have ‘no confidence’ in the
Council of Ministers, all ministers including
the Prime Minister, have to quit.
• The Rajya Sabha does not have this
power.
• President:
• About: The President of India is not a member of
either of the Houses and does not sit in the
Parliament to attend its meetings but s/he is an
integral part of the Parliament.
• S/He is the head of the state and is the highest formal
authority in the country.

• Appointment: The elected Members of Parliament

(MPs) and the elected Members of the Legislative
Assemblies (MLAs) elect the President of India.
• Powers:

• Assent for Passing a Bill: A bill passed

by both the Houses of Parliament
cannot become law without
the President’s assent.

• Summoning and Prorogation of

Houses: He has the power to summon
and prorogue both the Houses,
dissolve the Lok Sabha and issue
ordinances when the Houses are not in
session.
• Membership of Parliament

• Qualifications:
• Rajya Sabha: S/He should be a citizen of
India and at least 30 years of age.

• S/He should make an oath or

affirmation stating that s/he will bear true
faith and allegiance to the Constitution of
India.
• According to the Representation of People
Act, 1951, s/he should be registered as a
voter in the State from which s/he is seeking
election to the Rajya Sabha.

• However, in 2003, a provision was made

declaring, any Indian citizen can contest
the Rajya Sabha elections irrespective
of the State in which s/he resides.
• Lok Sabha: S/He should be not less than 25
years of age.

• S/He should declare through an oath or

affirmation that s/he has true faith and
allegiance in the Constitution and that a/he
will uphold the sovereignty and integrity of
India.
• S/He must possess such other
qualifications as may be laid down by the
Parliament by law and must be registered
as a voter in any constituency in India.
• Person contesting from the reserved seat
should belong to the Scheduled Caste or
Scheduled Tribe as the case may be.
• Disqualifications:

• On Constitutional Grounds:

• If s/he holds any office of profit under the Union or state government
(except that of a minister or any other office exempted by
Parliament).

• If s/he is of unsound mind and stands so declared by a court.

• If s/he is an undischarged insolvent.

• If s/he is not (or not anymore) a citizen of India.

• If s/he is disqualified under any law made by Parliament.

• On Statutory Grounds (Representation of People Act, 1951):

• Found guilty of certain election offences/corrupt practices in the elections.

• Convicted for any offence resulting in imprisonment for two or more years
(detention under a preventive detention law is not a disqualification).

• Has been dismissed from government service for corruption or disloyalty

to the State.

• Convicted for promoting enmity between different groups or for the

offence of bribery.

• Punished for preaching and practising social crimes such as

untouchability, dowry and sati.
• Tenure:

• Rajya Sabha: Every member of Rajya Sabha

enjoys a safe tenure of six years.
• One-third of its members retire after every two years.
They are entitled to contest again for the
membership.

• Lok Sabha: The normal term of Lok Sabha

is five years. But the President, on the advice
of the Council of Ministers, may dissolve it
before the expiry of five years.

• In the case of national emergency, its term can

be extended for one year at a time. But it will not
exceed six months after the emergency is over.
• Officials:

• Rajya Sabha: The Vice-President of India is the

ex-officio Chairman of the Rajya Sabha. S/He
presides over the meetings of Rajya Sabha.

• In his absence the Deputy Chairman (elected

by its members from amongst themselves)
presides over the meeting of the House.
• Lok Sabha: The presiding officer of Lok
Sabha is known as Speaker.

• S/He remains the Speaker even after Lok

Sabha is dissolved till the next House elects
a new Speaker in her/his place.
• In the speaker’s absence, a Deputy Speaker
(elected by the House) presides over the
meetings.
• Powers/Functions of Parliament
Legislative Functions: Only Parliament
can make laws on the subjects of
the Union List. Along with the State
Legislatures, the Parliament is empowered
to make laws on the Concurrent List.
In a subject not mentioned in any list, the
residuary powers are vested with the
Parliament.
• Financial Functions: It is the custodian

of the public money. The Government

can neither impose any tax on the public

nor spend the money without the

approval of the Parliament.

• The budget is approved by the

Parliament every year.

• Electoral Functions: It

participates in the election of the

President of India and also elects

the Vice-President.

• The Lok Sabha elects its

Speaker and Deputy Speaker

and the Rajya Sabha elects

its Deputy Chairman.

• Power of Removal: Certain high
functionaries may be removed from office
on the initiative of the Parliament.

• It can remove the President, Judges of the

Supreme Court and High Courts through
impeachment for violation of the
Constitution.
• Amendment of the Constitution: Most of
the parts of the Constitution can be
amended by the Parliament by special
majority.
• Certain provisions can only be amended by
the Parliament with the approval of States.

• The Parliament cannot change the basic

structure of the Constitution.
• Power over Executive: Parliament exercises
control over the Executive through question-
hour, zero hour, calling attention
notice, adjournment motion etc.

• The government always takes these motions

very seriously because the government’s policies
are criticized severely and their likely impact on
the electorate whom the government would have
to face ultimately.
• Leaders in Parliament

• Leader of the House: Under the

Rules of Lok Sabha, the ‘Leader of
the House’ means the Prime
Minister (or another minister who is a
member of Lok Sabha and is
nominated by the PM to function as
the Leader of the House).
• There is also a ‘Leader of the House’ in
the Rajya Sabha who is a minister and a
member of the Rajya Sabha and is
nominated by the PM to function as such.

• S/He exercises direct influence on the

conduct of business.

• The office of leader of the house is not

mentioned in the Constitution but in
the Rules of the House.
• Leader of the Opposition: The leader of the
largest Opposition party having not less than
one-tenth seats of the total strength of the
House is recognised as the leader of the
Opposition in a House.

• S/He provides constructive criticism of the

government policies and to provide an alternative
government.
• The leader of Opposition in both the Houses
were accorded statutory recognition in 1977 and
are entitled to the salary, allowances and
other facilities equivalent to that of a cabinet
minister.
• The office of leader of the opposition is not
mentioned in the Constitution but in the
Parliamentary Statute.
• Sessions of Parliament
• Summoning:

• Summoning is the process of calling all

members of the Parliament to meet.

• The summoning of Parliament is

specified in Article 85 of the
Constitution.
• The President summons each House of
the Parliament from time to time.

• However, the maximum gap between

two sessions of Parliament cannot be
more than six months.
•
• Sessions:

• India does not have a fixed parliamentary

calendar. By convention, Parliament meets
for three sessions in a year.

• Budget Session: Longest

session, starts towards the end of
January, and concludes by the end of
April.
• Monsoon Session: Second session,
usually begins in July and finishes in
August.
• Winter Session: Third session, held
from November to December.
• Adjournment: An adjournment suspends the
work in a sitting for a specified time, which may
be hours, days or weeks.

• When the meeting is terminated without any

definite time/date fixed for the next meeting, it is
called Adjournment sine die.

• The power of adjournment as well as

adjournment sine die lies with the presiding
officer (Speaker or Chairman) of the House.
• Prorogation:
• Unlike adjournment, Prorogation
terminates a sitting as well as the
session of the House.
• It is done by the President of India.
• Prorogation is different from the
dissolution (of Lok Sabha).
• Quorum:

• Quorum refers to the minimum

number of the members required to
be present for conducting a meeting
of the house.

• The Constitution has fixed one-

tenth strength as quorum for both
Lok Sabha and Rajya Sabha
• Joint Session of Parliament:

• The Constitution of India, under Article

108, provides for the joint sitting of the Lok
Sabha and the Rajya Sabha, in order to
break any deadlock between the two.
• The joint sitting is called by the
President and is presided over by
the Lok Sabha Speaker.

• In the speaker’s absence, the Deputy

Speaker of the Lok Sabha presides
over the meeting.
• In the absence of both, it is presided
over by the Deputy Chairman of the
Rajya Sabha.
• Lame Duck Session: It refers to the
last session of the existing Lok Sabha,
after a new Lok Sabha has been
elected.

• Those members of the existing Lok

Sabha who could not get re-elected
to the new Lok Sabha are called
lame-ducks.
• Devices of Parliamentary Proceedings

• Question Hour:
• The first hour of every parliamentary
sitting is termed as Question hour. It is
mentioned in the Rules of Procedure of
the House.
• During this time, the members ask
questions and the ministers usually give
answers.
• Zero Hour: A Zero Hour is an Indian parliamentary
innovation. It is not mentioned in the parliamentary
rules book.
• Under this, the Members of Parliament (MPs)
can raise matters without any prior notice.
• The zero hour starts immediately after the
question hour and lasts until the agenda for the
day (regular business of the House) is taken up.
• Half-an-Hour Discussion:

• It is meant for discussing a matter of

sufficient public importance, which has
been subjected to a lot of debate and the
answer to which needs elucidation on a
matter of fact.
• The Speaker can allot three days in a week
for such discussions. There is no formal
motion or voting before the House.
• Short Duration Discussion:
• It is also known as two-hour discussion as the time
allotted for such a discussion should not exceed two
hours.

• The members of the Parliament can raise

such discussions on a matter of urgent public
importance.

• The Speaker can allot two days in a week for such

discussions. There is neither a formal motion before the
house nor voting.

• This device has been in existence since 1953.

• Legislative Procedure in Parliament

• About:

• The legislative procedure is identical in

both the Houses of Parliament. Every bill
has to pass through the same stages in
each House.
• Bill: A bill is a proposal for
legislation that becomes an act
or law when duly enacted.
• Types of Bills: Bills introduced
in the Parliament are of two
kinds; public
bills (government bills) and
private bills.
• Classification: The bills introduced in the
Parliament can be classified into four
categories:

• Ordinary bills: concerned with any matter

other than financial subjects.
• Money bills: concerned with financial
matters like taxation, public expenditure,
etc.
• Financial bills: concerned with financial
matters (but are different from money
bills).
• Constitution Amendment
Bills: concerned with the amendment of
the provisions of the Constitution.
 Types of Bills
Public Bill Private Bill
It is introduced in the parliament by a It can be introduced by any member of
minister. the parliament other than a minister.

It reflects the policies of the It reflects the mood of the political

government (ruling party). party on public matters.
It has a greater chance to be passed by It is less likely to be passed by the
parliament. parliament.
Its introduction in the house requires 7 Its introduction in the house requires a
days notice. prior notice of one month.
It is drafted by the concerned
Its drafting is the responsibility of the
department in consultation with the Law
members concerned.
department.
 Money Bills & Financial Bills
Financial Bills
Characteristics Money Bills Financial Bill-I Financial Bill-II

Constitutional Article 110 deals Article 117(1) deals Article 117(3) deals
Provisions: with money bills. with Finance Bill with Finance Bills-II

Deals ‘only’ with Also deals with Contains provisions

the provisions of matters of general involving
Article 110. legislation (along expenditure from C
with provisions of onsolidated Fund
article 110). of India but are not
included in Article
110.
Certification of S/He decides whet No No
Speaker: her a bill is a Certification requir Certification requir
money bill or not. ed. ed.

Introduced in: Only in Lok Sabha. Only in Lok Sabha. In both houses.
President’s Needed to Required Not required
Recommendation: introduce them.

Bills in Rajya Cannot be Can be Can be

Sabha: amended or amended or amended or
rejected. rejected. rejected.
President’s Can either Can return it for Can return it for
Power: accept or reconsideration. reconsideration.
reject a money
bill but cannot
return it for
reconsideration.

Joint Sitting of No provision to The President The President

the Houses: resolve the can summon. can summon.
deadlock.
• Joint Sitting Of Two Houses

• About: Joint sitting is extraordinary

machinery provided by the
Constitution to resolve a deadlock
between the two Houses over the
passage of a bill.
• Conditions of Deadlock: A deadlock is
deemed to have taken place under any one of
the following three situations:
• If the bill is rejected by the other House.
• If the Houses have finally disagreed as to
the amendments to be made in the bill.
• If more than six months have elapsed
from the date of the receipt of the bill by the
other House without the bill being passed by
it.
• Applicability: 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.
• Role of Speaker: The Speaker of Lok Sabha
presides over a joint sitting of the two Houses and the
Deputy Speaker, in his absence.

• If both are absent, the Deputy Chairman of Rajya

Sabha presides.
• Quorum: The quorum to constitute a joint
sitting is one-tenth of the total number of
members of the two Houses.
• Instances of Joint Sittings: Since 1950, the
provision regarding the joint sitting of the two
Houses has been invoked only thrice. The bills
that have been passed at joint sittings are:

• Dowry Prohibition Bill, 1960.

• Banking Service Commission (Repeal) Bill,
1977.
• Prevention of Terrorism Bill, 2002.
Parliamentary Privilege
• About: Parliamentary privileges are
certain rights and immunities enjoyed by
members of Parliament, individually and
collectively, so that they can “effectively
discharge their functions”.

• Privileges in the Constitution: The

Constitution (Article 105 for Parliament
and Article 194 for State
Assemblies) mentions two privileges, i.e.
freedom of speech in Parliament and right of
publication of its proceedings.
 CHAPTER III- LEGISLATIVE
POWERS OF THE PRESIDENT
• An ordinance is an authoritative order or
decree (existing for a short duration of
time) law that is promulgated by the
President of India on the
recommendation of the Union Cabinet.
• Article 123 of the Indian Constitution
empowers the President to promulgate
an ordinance when the Parliament is in
recess. It is a very important legislative
power of the President of India.
• When is an ordinance promulgated?
• An ordinance can only be promulgated
when:
1. When both the Houses of the Parliament
are not in session or even when one of the
houses is not in session or is prorogued. This
is because the bill needs to pass through both
the houses before it can be presented for
Presidential assent.
2. The President can promulgate an ordinance
only when he is satisfied that the
circumstances that exist call for an immediate
action in form of an ordinance.
• Parliamentary Approval During Session
Ordinances must be approved by
Parliament within six weeks of reassembling
or they shall cease to operate.
• They will also cease to operate in case
resolutions disapproving the Ordinance are
passed by both the Houses. If the Houses
are reassembled on different dates, the
period of 6 weeks is calculated from the
later of the two dates.
• This implies that the maximum duration of
an ordinance can be 6 months plus 6
weeks, since 6 months can be the
maximum gap between two sessions of the
Parliament.
CHAPTER IV. THE UNION
JUDICIARY
• Supreme Court:-
The Supreme Court of India is the
highest court of the land as
established by Part V, Chapter IV of
the Constitution of India. According
to the Constitution of India, the role
of the Supreme Court is that of a
federal court, guardian of the
Constitution and the highest court
of appeal.
• Articles 124 to 147 of the Constitution of
India lay down the composition and
jurisdiction of the Supreme Court of India.
Primarily, it is an appellate court which
takes up appeals against judgments of the
provincial High Courts. But it also takes writ
petitions in cases of serious human rights
violations or if a case involves a serious
issue that needs immediate resolution
• Composition of the courts:-
The supreme court of India consist if a
chief justice and, until parliament may by
law prescribed a large number, not more
than seven other judges. Thus parliament
increase the number this number, by law.
• Thus the total number of judges in the
Supreme Court at present is 34 including
the chief justice. The constitution does
not provide for the minimum number of
judges who will constitute a bench for
hearing cases.
• Qualification of the judges of the supreme
court of India:-
The qualifications of the judges are as
follows:- Under Art. 124(3) of the constitution
talk about the qualifications of judges that
are:
a) He should be a citizen of India.
b) He should have been at least five year a
judge of a high court or of two or more such
courts in succession; or he should have
been for at least 10 years an advocate of
high court or of two or more such court in
succession.
c) He is in the opinion of the president a
distinguished jurist.
• Removal of judges:- Impeachment:-
Art.124(4)(5):-
A judge may only be removed from his
office by an order of the president on
ground of proved misbehavior or
incapacity.
• The order of the president can only be
passed after it has been addressed to
both houses of parliament in the same
session.
• The address must be supported by a
majority of total membership of that house
and also by the majority not less than 2/3
of the members of that house present or
voting.
• Jurisdiction of Supreme Court[1]
Article 129 states: Supreme Court to be a
court of record.—The Supreme Court shall be
a court of record and shall have all the powers
of such a court including the power to punish
for contempt of itself.

The Supreme Court has original, appellate

and advisory jurisdiction as well.
Original jurisdiction
Article 131 states: Original jurisdiction
of the Supreme Court.—Subject to the
provisions of this Constitution, the
Supreme Court shall, to the exclusion
of any other court, have original
jurisdiction in any dispute—
(a) Between the Government of India
and one or more States; or
(b) Between the Government of India
and any State or States on one side
and one or more other States on the
other; or
(c) Between two or more States,
• Appellate Jurisdiction
Article 132 states: Appellate jurisdiction of
Supreme Court in appeals from High
Courts in certain cases

Art. 132 (1) states ‘An appeal shall lie to

the Supreme Court from any judgment,
decree or final order of a High Court in
the territory of India, whether in a civil,
criminal or other proceeding, if the High
Court certifies under article 134A that the
case involves a substantial question of
law as to the interpretation of this
Constitution.’
• Art. 132 (3) states ‘Where such a certificate is given,
any party in the case may appeal to the Supreme
Court on the ground that any such question as
aforesaid has been wrongly decided.’
Article133 states: Appellate jurisdiction of Supreme
Court in appeals from High Courts in regard to civil
matters.
Art. 133 (1) states ‘An appeal shall lie to the Supreme
Court from any judgment, decree or final order in a
civil proceeding of a High Court in the territory of India
if the High Court certifies under article 134A’.Certain
preconditions are:
(a) That the case involves a substantial question of
law of general importance; and
(b) That in the opinion of the High Court the said
question needs to be decided by the Supreme Court.
• Art. 133 (2) states ‘Notwithstanding
anything in article 132, any party
appealing to the Supreme Court under
clause (1) may urge as one of the
grounds in such appeal that a substantial
question of law as to the interpretation of
this Constitution has been wrongly
decided.’
Art. 133 (3) states ‘notwithstanding
anything in this article, no appeal shall,
unless Parliament by law otherwise
provides, lie to the Supreme Court from
the judgment, decree or final order of one
Judge of a High Court.’
• Article 134 states: Appellate jurisdiction of
Supreme Court in regard to criminal matters.

Art. 134 (1) states ‘An appeal shall lie to the

Supreme Court from any judgment, final order
or sentence in a criminal proceeding of a High
Court in the territory of India if the High Court.’

(a) The High Court has on appeal reversed an

order of acquittal of an accused person and
sentenced him to death; or
• (b) The High Court has withdrawn for trial before itself
any case from any court subordinate to its authority and
has in such trial convicted the accused person and
sentenced him to death; or
(c) The High Court certifies under article 134A that the
case is a fit one for appeal to the Supreme Court:
Provided that an appeal under sub-clause (c) shall lie
subject to such provisions as may be made in that
behalf under clause (1) of article 145 and to such
conditions as the High Court may establish or require.
Art. 134 (2) states ‘Parliament may by law confer on the
Supreme Court any further powers to entertain and hear
appeals from any judgment, final order or sentence in a
criminal proceeding of a High Court in the territory of
India subject to such conditions and limitations as may
be specified in such law.’
• Article 136 states: Special leave to appeal by
the Supreme Court.
Article 136 (1) states ‘Notwithstanding anything
in this Chapter, the Supreme Court may, in its
discretion, grant special leave to appeal from
any judgment, decree, determination, sentence
or order in any cause or matter passed or made
by any court or tribunal in the territory of India.’
Article 136 (2) states ‘Nothing in clause (1) shall
apply to any judgment, determination, sentence
or order passed or made by any court or
tribunal constituted by or under any law relating
to the Armed Forces.’
Article 137 states: Review of
judgments or orders by the Supreme
Court.— Subject to the provisions of
any law made by Parliament or any
rules made under article 145, the
made by it.
• Article 141 states: Law declared
by Supreme Court to be binding on
all courts.— ‘The law declared by
the Supreme Court shall be
binding on all courts within the
territory of India.’
• Advisory Jurisdiction
Article 143 states: Power of President to consult
Supreme Court. —
Article 143 (1) states ‘If at any time it appears to the President
that a question of law or fact has arisen, or is likely to arise,
which is of such a nature and of such public importance that it
is expedient to obtain the opinion of the Supreme Court upon
it, he may refer the question to that Court for consideration
and the Court may, after such hearing as it thinks fit, report to
the President its opinion thereon.’
• Article 143 (2) states ‘The President may,
notwithstanding anything in the proviso
to article 131, refer a dispute of the kind
mentioned in the said proviso to the
Supreme Court for opinion and the
Supreme Court shall, after such hearing
as it thinks fit, report to the President its
opinion thereon.’
• High Court
India's judicial system is made up of the Supreme Court
of India at the apex of the hierarchy for the entire country
and twenty-one High Courts at the top of the hierarchy in
each State. These courts have jurisdiction over a state, a
union territory or a group of states and union territories.
• Below the High Courts are a hierarchy of subordinate
courts such as the civil courts, family courts, criminal
courts and various other district courts. High Courts are
instituted as constitutional courts under Part VI, Chapter
V, and Article 214 of the Indian Constitution
The High Courts are the principal civil courts of original
jurisdiction in the state, and can try all offences including
those punishable with death.
• Jurisdiction of High Court
Article 226 states: Power of High Courts to
issue certain writs.
Article 226 (1) states ‘Notwithstanding
anything in article 32 every 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,
including writs in the nature of habeas
corpus, mandamus, prohibition, quo warranto
and certiorari, or any of them, for the
enforcement of any of the rights conferred by
Part III and for any other purpose.’
•
Article 226 (2) states ‘The power
conferred by clause (1) to issue
directions, orders or writs to any
Government, authority or person may
also be exercised by any High Court
exercising jurisdiction in relation to the
territories within which the cause of
action, wholly or in part, arises for the
exercise of such power,
notwithstanding that the seat of such
Government or authority or the
residence of such person is not within
those territories.’
• Article 227 states: Power of
superintendence over all courts by the
High Court.—

• Article 227 (1) states ‘Every High Court

shall have superintendence over all
courts and tribunals throughout the
territories in relation to which it exercises
jurisdiction.’
• Lower Courts:-
States are divided into districts (zillas),
and within each a judge presides as a
district judge over civil cases.
• A sessions judge presides over criminal
cases. The judges are appointed by the
governor in consultation with the state's
high court. District courts are subordinate
to the authority of their high court.
 CHAPTER V. COMPTROLLER AND
AUDITORGENERAL OF INDIA
• Who is the CAG
• CAG is an independent authority under the
Constitution of India.
• He is the head of the Indian audit & account
department and chief Guardian of Public purse.
• It is the institution through which the
accountability of the government and other public
authorities (all those who spend public funds) to
Parliament and State Legislatures and through
them to the people is ensured.
• Shri Girish Chandra Murmu is the incumbent
CAG of India.
• Constitutional Provisions regarding the
CAG

• Article 148 broadly deals with the CAG

appointment, oath and conditions of
service.

• Article 149 deals with Duties and Powers

of the Comptroller and Auditor-General of
India.
• Article 150 says that the accounts of the
Union and of the States shall be kept in
such form as the President may, on the
advice of the CAG, prescribe.
• Article 151 says that the reports of the
Comptroller and Auditor-General of India
relating to the accounts of the Union shall
be submitted to the president, who shall
cause them to be laid before each House
of Parliament.
• The reports of the Comptroller and Auditor-
General of India relating to the accounts of a
State shall be submitted to the Governor of
the State, who shall cause them to be laid
before the Legislature of the State.
• Article 279 – Calculation of "net proceeds" is
ascertained and certified by the Comptroller and
Auditor-General of India, whose certificate is
final.
• Third Schedule – Section IV of the Third
Schedule of the Constitution of India prescribes
the form of oath or affirmation to be made by the
Judges of the Supreme Court and the
Comptroller and Auditor-General of India at the
time of assumption of office.
• Sixth Schedule – According to this schedule,
the District Council or Regional Council should
be kept in such form as the CAG prescribes
with the approval of the President. In addition
these bodies account are audited in such
manner as CAG may think fit, and the reports
relating to such accounts shall be submitted to
the Governor who shall cause them to be laid
before the Council.
• How Independently does the Office of CAG
Function?

• There are several provisions in the

Constitution for safeguarding the
independence of CAG.

• CAG is appointed by the President by warrant

under his hand and seal and provided with
tenure of 6 years or 65 years of age,
whichever is earlier.
• CAG can be removed by the
President only in accordance with
the procedure mentioned in the
Constitution that is the manner same
as removal of a Supreme Court Judge.
• He is ineligible to hold any office, either
under the Government of India or of
any state, once he retires/resigns as a
CAG.
• CAG is one of the bulwarks of the
democratic system of government in
India. The others being the Supreme
Court, the Election Commission and
the UPSC.
• No minister can represent the CAG in
Parliament.
• His salary and other service conditions cannot
be varied to his disadvantage after
appointment.
• His administrative powers and the conditions of
service of persons serving in the Indian Audit
and Accounts Department are prescribed by
the President only after consulting him.
• The administrative expenses of the office of
CAG, including all salaries, allowances and
pensions are charged upon the Consolidated
Fund of India that is not subject to vote.
Functions and Power of CAG

• CAG derives its audit mandate from different

sources like–
• Constitution (Articles 148 to 151)
• The Comptroller and Auditor General’s
(Duties, Powers and Conditions of
Service) Act, 1971
• Important Judgments
• Instructions of Government of India
• Regulations on Audit & Accounts-2007
PART VI THE STATES
• The Governor’s appointment, his powers and
everything related to the office of Governor
have been discussed under Article 153 to
Article 162 of the Indian Constitution.
• The role of the Governor is quite similar to
that of the President of India. The Governor
performs the same duties as of President,
but for the State.
• Governor stands as executive head of a
State and the working remains the same
as of the office of President of India.
Under the Constitution of India, the
governing machinery is the same as that
of the Central Government.
• It is stated that the Governor has a
dual role.
• He is the constitutional head of
the state, bound by the advice of
his council of ministers.
• He functions as a vital
link between the Union
Government and the State
Government.
• Article 157 and Article 158 of the Constitution
of India specify eligibility requirements for the
post of governor. They are as follows:

• A governor must:

• Be a citizen of India.
• Be at least 35 years of age.
• Not be a member of the either house of the
parliament or house of the state legislature.
• Not hold any office of profit.
• The term of governor's office is normally 5
years but it can be terminated earlier by:
• Dismissal by the president on the advice
of the council of minister headed by the
prime minister of the country.
• Dismissal of governors without a valid
reason is not permitted. However, it is the
duty of the President to dismiss a
governor whose acts are upheld by courts
as unconstitutional and malafide.
• Resignation by the governor.
• Executive Powers of the Governor

• The following comes under his

executive powers:

1.Every executive action that the state

government takes, is to be taken in
his name.
1.He may/may not make rules to
simplify the transaction of the
business of the state government.
2.Chief Ministers and other ministers
of the states are appointed by him.
3.It is his responsibility to appoint
Tribal Welfare Minister in the states
of:
1.Chattisgarh
2.Jharkhand
3.Madhya Pradesh
4.Odisha
1.He appoints the advocate general of
states and determines their
remuneration

2.He appoints the following people:

1. State Election Commissioner
2. Chairman and Members of the State
Public Service Commission

3. Vice-Chancellors of the universities in the

state
1.He seeks information from the state
government

2.A constitutional emergency in the state is

recommended to the President by him.

3.The governor enjoys extensive executive

powers as an agent of the President during
the President’s rule in the state.
• Legislative Powers of the Governor

• The following are the legislative powers of the governor:

1.It’s in his power to prorogue the state legislature and

dissolve the state legislative assemblies

2.He addresses the state legislature at the first session of

every year

3.If any bill is pending in the state legislature, Governor

may/may not send a bill to the state legislature concerning
the same
1.If the speaker of the legislative
assembly is absent and the same is
Deputy Speaker, then Governor
appoints a person to preside over the
session
2.As President nominates 12 members
in Rajya Sabha, Governor appoints ⅙
of the total members of the legislative
council from the fields of:
1. Literature
2. Science
3. Art
4. Cooperative Movement
5. Social Service
1.As President nominates 2 members in
the Lok Sabha, Governor nominates 1
member in state legislative assembly
from Anglo-Indian Community.

2.He can consult Election Commission for

the disqualification of members
1.With respect to the bill introduced in
the state legislature, he can:
1. Give his assent
2. Withhold his assent
3. Return the bill
4. Reserve the bill for the President’s
consideration (In instances where the
bill introduced in the state legislature
endangers the position of state High
Court.)
• Financial Powers of the Governor

• The following are the financial powers and

functions of the Governor:

1.He looks over the state budget being laid

in the state legislature

2.His recommendation is a prerequisite for

the introduction of a money bill in the
state legislature
1.He recommends for the demand for grants
which otherwise cannot be given

2.Contingency Fund of State is under him and

he makes advances out that to meet
unforeseen expenditure.

3.State Finance Commission is constituted

every five years by him.
• Judicial Powers of the Governor

• The following are the judicial powers and

functions of the Governor:

1.He has the following pardoning powers against

punishment:
1. Pardon
2. Reprieve
3. Respite
4. Remit
5. Commute
1.President consults the Governor while
appointing judges of High Court.

2.In consultation with the state High Court,

Governor makes appointments, postings,
and promotions of the district judges.

3.In consultation with the state high court

and state public service commission, he
also appoints persons to the judicial
services.
 Constitutional Position of the Governor
Article Provision
Article 154 He is the executive head of the state. All the
executive functions will be performed by him or by
the officers subordinate to him in accordance with
the Constitution
Article 163 He will be aided and advised by the Chief Minister
and Council of Ministers unless he is performing a
function at his discretion
Note:
•The power to act at his own discretion is a power
that is not given to the President.
•42nd Amendment Act made the advice of the
Council of Ministers’ binding on the President but
not on the Governor in state

Article 164 The Council of Ministers are collectively responsible

to the state legislative assembly
Note: This provision is the foundation of the state
parliamentary system
• Governor’s Discretionary Powers

• The Governor of state, unlike the

President of India, is conferred with power
to act at his own discretion. There are two
categories of discretion for the governor.
One is Constitutional Discretion and the
other is Situational Discretion
THE STATE LEGISLATURE
• State legislature
• The State Legislature's aim and objective
are to create and introduce bills that are
relevant to the state. Many powers and
privileges are granted to members of the
State Legislative Assembly that are equal
to those granted to members of
Parliament, however, these powers and
functions are limited to that particular
State.
• The Constitution of India discusses the
relevant details regarding important
constituents and requirements within the
State Legislative Assembly in Articles 168 to
212.
• India's legislative system is bicameral.
• Article 169 of the Constitution allows states to
have a Legislative Council in addition to the
Legislative Assembly, much as Parliament
does.
• The six states with a Legislative Council are
Andhra Pradesh, Telangana, Uttar Pradesh,
Bihar, Maharashtra, and Karnataka.
• Bicameral and Unicameral States
• Unicameral State:
• A unicameral legislature is one in
which just one legislative chamber
performs all functions, such as
adopting laws, passing budgets, and
debating national and international
issues.
• Because most countries have a
unicameral legislature, it is the most
common. It is an effective kind of
legislation since it makes the law-
making process easier and decreases
the probability of obstacles.
• Bicameral State:
• We refer to a bicameral legislature as a
state with two separate law-making
houses that execute functions such as
passing the budget and enacting
legislation. At the national level, India has
a bicameral legislature, but states can
create their own.
• Only seven states in India have a
bicameral legislature. A bicameral
legislature, on the other hand, may not be
as effective as a unicameral legislature.
• In certain circumstances, though, it acts
as a stumbling block since it makes the
legislative process more complicated.
• Composition of Houses

• The composition of the Legislative Assemblies

is discussed under Article 170 of the Indian
Constitution. The purpose of this article is to
highlight the organization of the state's
Legislative Assemblies.

• Article 171 of the Indian Constitution, on the

other hand, specifies the composition of the
Legislative Council.
• State Legislature – Legislative Assembly
(Vidhan Sabha)
• The Legislative Assembly is a legislature that is
elected by the people and is the true seat of
power in a state. An assembly's maximum
strength must not exceed 500 pounds, and its
minimum strength must not be less than 60
pounds. However, several states, such as
Sikkim, Arunachal Pradesh, and Goa, have
been allowed to have smaller legislative
assemblies.
• The designation of territorial constituencies
should be done in such a way that the ratio
between the population of each constituency
and the number of seats awarded to it is
consistent across the State.
• State Legislature – Legislative Council
(Vidhan parishad)
• The composition of the Legislative Council
is given in Article 171 of the Indian
Constitution. The total members in the
Legislative Council should not exceed one-
third of the total members in the state
Legislative Assembly.
• There is another criteria for the composition
of the Legislative Council. The member in
the Legislative Council should not be less
than 40 in any case. There is an exception
in the composition of Vidhan Parishad.
• Powers and Functions of the High
Court
• The High Court is the highest court in a
state in India. Articles 214 to 231 in the
Indian Constitution talk about the High
Courts, their organisation and powers.
The Parliament can also provide for the
establishment of one High Court for two
or more states.
• Currently, there are 25 High Courts in
India.
• High Court Autonomy
• The independence of the High Courts
can be corroborated by the points given
below:
1.Appointment of Judges: The
appointment of judges of the High Courts
lies within the judiciary itself and is not
connected to the legislature or the
executive.
2.Tenure of the Judges: High Court
judges enjoy the security of tenure till the
age of retirement, which is 62 years. A
High Court cannot be removed except by
an address of the President.
1.Salaries and allowances: The High
Court judges enjoy good salaries,
perks and allowances and these
cannot be changed to their
disadvantage except in case of a
financial emergency. The expenses of
the High Court are charged on the
Consolidated Fund of the State, which
is not subject to vote in the state
legislature.
2.Powers: The Parliament and the
state legislature cannot cut the
powers and jurisdiction of the High
Court as guaranteed by the
Constitution.
1.Conduct of judges: Unless a motion of
impeachment has been moved, the
conduct of the High Court judges cannot
be discussed in the Parliament.
2.Retirement: After retirement, High
Court judges cannot hold an office of
emolument under the Government of
India or that of a state. There is an
exception to this clause, however, when,
with the consent of the Chief Justice of
India, retired judges can be nominated
to a temporary office, and in the
situation of emergencies.
• Subordinate Courts- Constitutional
Provisions

• Part VI (Articles 233 to 237) of the

Constitution has the following provisions to
control the organization of subordinate courts
and preserve their independence from the
executive.
• District Judges
• Appointment of District Judges
• The Governor of the State, in consultation
with the High Court, appoints, posts, and
promotes district judges in the State.
• The following qualifications should be present
in anyone seeking to be appointed as a district
judge:
• He/she should not already be in the service of
the Central or the State Government.
• He/she should have been an advocate or a
pleader for seven years.
• He/she should be recommended by the High
Court for the appointment.
• Appointment Of Judges Other Than The
District Judges
• The Governor of the State appoints people
(other than district judges) to the State's judicial
service after consulting with the State Public
Service Commission and the High Court.
• Control over SC
• Control over Subordinate Courts
• The High Court has jurisdiction over district
courts and other subordinate courts, including
the posting, promotion, and leave of personnel
in the state's judicial service who occupy any
office lower than that of the district judge.
• Interpretation of the Terms

• Under Article 236, the expression ‘district

judge’ includes judge of a city civil court,
additional district judge, joint district judge,
assistant district judge, chief judge of a small
cause court, chief presidency magistrate,
additional chief presidency magistrate,
sessions judge, additional sessions judge,
and assistant sessions judge.
THE UNION TERRITORIES
• 239AA. Special provisions with respect to Delhi.
PART IX& IX-A
• Panchayati Raj Institution (PRI) is a system
of rural local self-government in India.
• Local Self Government is the management of
local affairs by such local bodies who have
been elected by the local people.
• PRI was constitutionalized through
the 73rd Constitutional Amendment Act,
1992 to build democracy at the grass roots level
and was entrusted with the task of rural
development in the country.
• What are the Salient Features of the Constitution
73rd and 74th Amendments
• These amendments added two new parts to the
Constitution, namely, added Part IX titled “The
Panchayats” (added by 73rd Amendment) and Part
IXA titled “The Municipalities” (added by
74th Amendment).
• Basic units of democratic system-Gram Sabhas
(villages) and Ward Committees
(Municipalities) comprising all the adult members
registered as voters.
• Three-tier system of panchayats at village,
intermediate block/taluk/mandal and district levels
except in States with population is below 20 lakhs
(Article 243B).
• Seats at all levels to be filled by direct
elections Article 243C (2).
• Seats reserved for Scheduled Castes (SCs) and
Scheduled Tribes (STs) and the chairpersons of the
Panchayats at all levels also shall be reserved for
SCs and STs in proportion to their population.

• One-third of the total number of seats to be

reserved for women.

• One third of the seats reserved for SCs and STs

also reserved for women.
• One-third offices of chairpersons at all levels
reserved for women (Article 243D).
• Uniform five year term and elections to
constitute new bodies to be completed
before the expiry of the term.
• In the event of dissolution, elections
compulsorily within six months (Article 243E).
• Independent Election Commission in
each State for superintendence, direction
and control of the electoral rolls (Article
243K).
• Panchayats to prepare plans for
economic development and social justice
in respect of subjects as devolved by law to
the various levels of Panchayats including
the subjects as illustrated in Eleventh
Schedule (Article 243G).
• 74th Amendment provides for a District Planning
Committee to consolidate the plans prepared by
Panchayats and Municipalities (Article 243ZD).
• Budgetary allocation from State Governments,
share of revenue of certain taxes, collection and
retention of the revenue it raises, Central
Government programmes and grants, Union
Finance Commission grants (Article 243H).
• Establish a Finance Commission in each State to
determine the principles on the basis of which
adequate financial resources would be ensured for
panchayats and municipalities (Article 243I).
• The Eleventh Scheduled of the Constitution places
as many as 29 functions within the purview of the
Panchayati Raj bodies.
THE CO-OPERATIVE SOCIETIES
Part IXB ins. by the Constitution (Ninety-seventh
Amendment) Act, 2011, s. 4 (w.e.f. 15-2-2012).
• A cooperative society is not a new concept. It
prevails in all the countries, this is almost a
universal concept. The cooperative society is
active in all countries worldwide and is
represented in all the sectors
including agriculture, food, finance, healthcar
e, etc.
• To protect the interest of weaker sections,
the co-operative society is formed. It is a
voluntary association of persons, whose
motive is the welfare of the members.
PART XI RELATIONS BETWEEN
THE UNION AND THE STATES
• The constitution divides power
between the Centre and State keeping
in mind three subjects:
1.Legislative relations
2.Administrative relations
3.Financial relations
Legislative Relations Between Centre And
State

• The Centre and State should not invade

into the sphere reserved to the other but
they should know how to work together.

• Art 245-255 of Part XI includes the

legislation relations between Centre and
State.
• Territorial Jurisdiction:
• Art. 245 allows the Parliament to make laws
for whole or any part of the territory of the
country. However, it allows the State Govt. to
only make and enforce laws for the State or
any of its parts.
• The Parliament has extraterritorial authority.
In other words, it can make laws that apply
to Indian citizens and their property outside
the country.
• The Doctrine of Territorial Nexus says
that the State legislature cannot extend its
power beyond its area in case there is not
enough link between the subject matter
and the State.
• Subject Matter Jurisdiction:
• Art. 246 divides the powers between the
Union and the States in three lists:
• Union List:
• It consists of 100 subjects which are of
national interest. Nobody can make laws
on these subjects, except the Union. Few
examples are defense, foreign affairs,
banking currency, and coinage.
• Concurrent List:
• It consists of 52 subjects. Both the Centre
as well as the States can make laws on the
subjects in this list. However, acc. to art.
254, the supreme power to make laws on
the subjects in this list is with the
Parliament. It was held in the case of I.T.C
Ltd V. Agricultural Produce Market
Committee. Few examples are forest,
adoption, and succession.
• State List:
• It consists of 61 subjects that are of local
value. Only the States have the full power to
make laws on the subjects mentioned in this
list. Few examples are police, public order,
and public health.
• Special Conditions Where Union
Parliament Can Make Laws On Matters
Of State List:

a.Where the subject matter is of national

value. For that, it must be passed in the
Rajya Sabha. Special majority of not less
than two-thirds of the members present
and voting is necessary. It remains in
force for a period of one year.
a.When there is an imposition of National
Emergency or President rule in the country
or any part of the country.
b.On the request of two or more state
legislatures to pass a law on a specific
subject matter. For that, the resolution must
be passed in their respective state
legislatures with a simple majority.
c.For applying any International agreements
or conventions.
Administrative Relations Between Centre
And State
• India follows a dual polity system having
a govt. at the Centre likewise at the
State level. Due to this, there will always
be room for variance between the govt.
of both the levels. The division of
administrative power reduces the
chances of a clash.
• Art 256-263 states the administrative
relation between the Centre and the
States.
• Centre-State Relationship:
• 1. Direction by the Union to the
State Govts:
• Art. 256 talks about the executive
power of the State. States should use
its power without violating the laws
made by Parliament. No existing laws
which apply in that state should be
broken. In case it fails to do so then
the Union Govt.is free to give out
commands for that purpose.
• In Swaraj Abhiyan (V) V. Union of
India, various State Govts. refused
to enact the provisions of the
National Food Security Act. The
court said that the State Govts.
cannot dismiss the will of the Union
Govt. In case of a conflict between
the two, they should always look for
a middle ground.
• If the State refuses to follow the
rules of the Union Govt., there Art.
365 is attracted.
• 2. Delegation of Union functions to the
States:
• The Parliament can assign the matter
coming under the Union Govt. to the State
Government. Provided that, the State Govt’s
permission is not vital for doing so.
• Even after delegating its powers, the Centre
Govt. can still interfere in the internal
working of the States. It makes sure that the
law is being properly executed. This not only
proves the Centre’s primacy but also
reduces the role of the States to mere
agents of the Centre.
• Art. 258(A) inserted by the 7th amendment
permits the State to confer power to the
Centre.
• All – India Services:
• Art. 312 talks about forming an
additional “All – India Services” common
to the Union and the States. It can be
created if Rajya Sabha passing a
resolution supported by not less than
two-thirds of the members present and
voting that it is vital or beneficial in the
nation’s interest to do so.
• The motive behind this is to ensure
cooperation and promote regularity in
carrying out administrative duties
throughout the country above all.
• Inter-State Council:
• The President passes the order to form it. It
serves greater public interests. The States Re-
Organized Act,1951 has set up five Zonal
Councils. The Union Home Minister acts as an
ex-officio Chairman of the Councils.
• The duties given to it are:
• Inquiring into and advising upon disputes
which may have arisen between States.
• Exploring and discussing subjects in which the
Union and the States, have a common
interest.
• Advising upon any subject for better
coordination of policy and action with respect
to that subject.
• Disputes Relating to Inter-State River Water:
• Art. 262 vests the Parliament with the power to
decide any dispute or complaint. These
complaints must be related to the use,
distribution, or control of the waters of, or in, any
inter-State river or river valley.
• Parliament has passed the River Board
Act,1956 which controls inter-State rivers and
river valleys.
• The Inter-State Water Disputes Act,1956 allows
the Central Govt. to set up a Tribunal for judging
the disputes.
• Financial Relations Between Centre
And State
• India follows the Federal System of
Finance.
• In the words of Dr. R.N. Bhargava,”
Federal Finance means the finance of
the Central Govt. as well as the State
Govts. and the relationship between
the two.”
• Art. 268-293 of Part XII covers the
Financial Relations between Centre
and States.
• Finance Commission:

• The Finance Commission is a constitutional body which is at the

Centre of fiscal federalism.

• Set up under Article 280, its core duty is:

• to assess the state of finances of the Union and State

Governments recommend the sharing of taxes between them,

• to lay down the principles managing the distribution of these

taxes among States.
• Composition:

• The President constitutes it after every

5 years. It consists of a Chairman and
four other members appointed by the
President.
PART XIII TRADE, COMMERCE AND
INTERCOURSE WITHIN THE
TERRITORY OF INDIA
• The free flow of trade, commerce, and
intercourse within and across inter-State
borders is an important prerequisite for
ensuring economic unity, stability, and
prosperity in a two-tier polity country. The
Indian Constitution includes provisions that
guarantee freedom of inter-state trade and
commerce throughout India's territory.
• Constitutional Provisions for Inter-State
Trade and Commerce
• Part XIII of the Constitution (Articles 301 to
307)deals with trade, commerce, and intercourse
within Indian territory.
• Article 19(1)(g) under Part IIIguarantees to
every Indian citizen a fundamental right to
engage in trade and business, subject to
reasonable restrictions imposed in the interests
of the general public.
• Article 301 declares that trade, commerce, and
intercourse shall be free throughout India's
territory.
• The goal of this provision is to break down border
barriers between states and create one unit in order
to encourage the free flow of trade, commerce, and
intercourse in the country.
• This provision's freedom extends not only to
interstate trade, commerce, and intercourse, but also
to intra-state trade, commerce, and intercourse.
• Thus, whether restrictions are imposed at any state's
border or at any previous or subsequent stage,
Article 301 will be violated.
• The freedom guaranteed by Article 301 is freedom
from all restrictions, except those provided for in the
other provisions (Articles 302 to 305) of Part XIII of
the Constitution itself.
• Article 302 empowers Parliament to impose legal
restrictions on the freedom of trade, commerce,
and intercourse between one state and another or
within any part of India's territory as may be
necessary for the public interest.

• According to Article 303, the Parliament does not

have the authority to impose restrictions to make
any law that discriminates against one state or
gives preference to one state over another.
• Article 304 makes two exceptions to the freedom guaranteed
by Article 301 in favour of state legislatures:
• (a) A State legislature may impose by law any tax on goods
imported from other States or Union Territories that similar
goods manufactured or produced in that State are subject to,
but not in such a way that it discriminates between goods so
imported and goods so manufactured or produced.
• (b) In the public interest, the legislature of a State may impose
reasonable restrictions on the freedom of trade, commerce, and
intercourse with or within that State by law.
• However, the exercise of this power is subject to the proviso that no
Bill or amendment for the purposes of Article 304(b) shall be
introduced or moved in the State Legislature without the President's
prior sanction.
• Article 305 protects already formed laws as well as
laws establishing state monopolies. It can only do so
until the President orders something contrary to it or
otherwise to the law that has already been formed.

• Article 307 empowers Parliament to appoint by law

such authority as it deems necessary to carry out the
purposes of Articles 301, 302, 303, and 304, as well
as to confer on that authority such powers and duties
as it deems necessary. So far, this provision has not
been invoked.
PART XIV SERVICES UNDER THE
UNION AND THE STATES
• Recruitment And Regulations In The
Conditions Of Service Of Civil Servants:
• Under Article 309 of the Indian
Constitution, it empowers the Parliament
of India and respective State Legislatures
to regulate and provide rules and laws for
the appointment and regulation of the
Civil Servants in the Country for both the
persons appointed under the Union and
State Governments, respectively.
• The provision also expressly states that until
the provisions or law regarding the aforesaid is
not made by the Parliament or any or all State
Legislature than under such circumstances the
President or the Governor of the State holds
the Authority to make laws which may be
temporary for regulating and operating such
appointments saving the country from mal-
administrative and failure.
• Doctrine Of Pleasure

• The Doctrine of Pleasure plays a very major

role in the consistency and on the
administrative life of a civil servant. We must
have learnt that England, the Civil Servant
which is duly appointed by the assent of the
Crown can be removed from his post or
terminated without assigning any reason to
him.
• Even if the Contract of Employment
doesn't bound the Crown in any manner.
This is known as Absolute Pleasure, i.e.
solely the destiny of the Civil Servant
depends upon the Pleasure of the Crown,
however in actual practice the public
policy is kept in mind before ascertaining
any action against any Civil Servant in
England, and if it seems vital and in
furtherance of Justice than only the
person is removed from his post, and not
otherwise.
• In India Article 310 of the Indian Constitution
describes widely the pleasure exercised by
the President of India, on appointment and
dis-missal of the Civil servant.
The article widely states that the
Persons who are:
1.Members of Defence Services of
India
2.Members of Union Public Service
Commission of India
3.Members of State Public Service
Commission of India
4.All India Services of India
• Holds their offices during the Pleasure
of the President of India, and in the
State concerned on the whims and
pleasure of the Governor of the State.
• However, it must actively be noted and
minded that this pleasure constituted
and mentioned in the Constitution is
not an Absolute Pleasure as was in
England, but is graced with certain
restrictions on it's execution.
PUBLIC SERVICE COMMISSIONS
• As per Article 312 of the Indian
Constitution, the Parliament is entitled to
create one or more All India
services (including an All India Judicial
Service) common to the Union and the
States.
• The recruitment to all these services is made by
the Union Public Service Commission
(UPSC).
• For administrative services at the state level,
the recruitment is made by the State Public
Service Commission (SPSC).
• The Union Public Service Commission (UPSC)
is the central recruiting agency in India.
• It is an independent constitutional body.
• The provisions regarding the composition of UPSC,
appointment and removal of its members and the powers
and functions of UPSC are provided in Part XIV of the
Indian Constitution under Article 315 to Article 323.
• Parallel to the UPSC at the Centre, there is
a State Public Service Commission
(SPSC) in the state.
• The provisions regarding the composition of
SPSC, appointment and removal of its members
and the powers and functions of SPSC are
provided in Part XIV of the Indian Constitution
under Article 315 to Article 323.
Composition of Union Public Service
Commission
• Appointment of Members: The Chairman
and other members of the UPSC are
appointed by the President of India.
• Term of Office: Any member of the UPSC
shall hold office for a term of six years or
till the age of 65 years, whichever is earlier.
• Reappointment: Any person who has once
held the office as a member of a Public
Service Commission is ineligible for
reappointment to that office.
• Resignation: A member of the Union Public
Service Commission may resign from
his/her office by submitting the written
resignation to the President of India.
• Removal/Suspension of
Members: The Chairman or any other
member of UPSC shall only be
removed from his/her office by order
of the President of India.

• The President can suspend the Chairman or

any other member from his/her office in
respect of whom a reference has been
made to the Supreme Court.
• Conditions for Removal: The Chairman
or any other member of UPSC may be
removed if he/she:

• is adjudged an insolvent.

• engages during his/her term of office

in any paid employment outside the
duties of his/her office.
• is, in the opinion of the President, unfit
to continue in office by reason of
infirmity of mind or body.
 State Public Service Commission
• Appointment of Members: The Chairman and other
members of the SPSC are appointed by the Governor of
the State.
• Term of Office: A member of the SPSC shall hold office
for a term of six years or till the age of 62
years, whichever is earlier:
• Reappointment: Any person who has once held the
office as a member of a Public Service Commission
is ineligible for reappointment to that office.
• Resignation: A member of a State Public Service
Commission may resign from his/her office by submitting
the written resignation to the Governor of the State.
•
• Removal/Suspension of
Members: The Chairman or any other
member of SPSC shall only be
removed from his/her office by order
of the President of India.

• The Governor of the state shall suspend

the Chairman or any other member from
his/her office in respect of whom a
reference has been made to the Supreme
Court.
• The conditions for removal of members are
the same as those of the UPSC.
• What is Joint State Commission?
• Constitution: As per Article 315 of the Indian
Constitution, two or more States may agree that
there shall be one Public Service Commission
for that group of States.

• The resolution to such an agreement shall

be passed by each House of the
Legislature of each of the States.

• Only then, the Parliament may by law

provide for the appointment of a Joint
State Public Service Commission
(JSPSC).
• Appointment of Officers: The Article 316 of the
Indian Constitution states that the Chairman and
other members of JSPSC shall be appointed
by the President of India.

• A member of Joint Commission shall hold the office for

a term of six years or till the age of 62
years, whichever is earlier
• Resignation: Under Article 317, a
member of a JSPSC may submit a
written resignation to the President of
India to resign his/her office.

• The President is empowered to

suspend the Chairman or any other
member of the Commission from his/her
office after a reference about the same has
been made to the Supreme Court.
• Powers: As per the Article 318 the
President of India is empowered to:

• Determine the number of members of

the Commission and their conditions of
service
• Make provision with respect to the
number of members and their
conditions of service:
• PART XIVA TRIBUNALS

• 323A. Administrative tribunals.

• 323B. Tribunals for other matters.

PART XV ELECTIONS

• The Constitution of India has established a

permanent and independent body to ensure
free and fair elections in the country known
as the Election Commission. The
commission is responsible for holding Lok
Sabha elections of India.
• The Constitution provides the Election
Commission of India with the power of
direction, superintendence, and control
of elections to parliament, state
legislatures, the office of president of
India and the office of vice-president of
India.
• The Election Commission is an all-India
body that is common to both the Central
government and the State governments.

• It must be noted here that the commission

does not deal with the elections to the
Municipalities and Panchayats in the
states. Hence, a separate State Election
Commission is provided by the
Constitution of India.
• Independence of the Election
Commission

• Article 324 of The Constitution of

India mentions the provisions to
safeguard and ensure the independent
and impartial functioning of the Election
Commission which is as follows.
• The chief election commissioner is provided
with security of tenure. He cannot be removed
from his office except in the same manner and
on the same grounds as a judge of the
Supreme Court.

• In other words, he can be removed by

the President on the basis of a resolution
passed to that effect by both the Houses of
Parliament with a special majority, either on the
ground of proved misbehaviour or incapacity.
• Thus, he does not hold his office until the
pleasure of the president, though he is appointed
by him.
• The service conditions of the chief election
commissioner cannot be varied to his
disadvantage after his appointment.
• Any other election commissioner or a regional
commissioner cannot be removed from office
except on the recommendation of the chief
election commissioner.
• Though the constitution has sought to
safeguard and ensure the independence
and impartiality of the Election
Commission, some flaws can be noted, ie:
• The Constitution has not prescribed the
qualifications (legal, educational,
administrative or judicial) of the members of
the Election Commission.
• The Constitution has not specified the term of
the members of the Election Commission.
• The Constitution has not debarred the retiring
election commissioners from any further
appointment by the government.
• Powers, Functions, and Responsibilities of
Election Commission
• Among the major Constitutional Bodies in India,
Election Commission is a permanent Constitutional
Body. It was established in accordance with the
Constitution on 25th January 1950.
• The Constitution has vested to this body
superintendence, direction and control of the
entire process for conduct of elections.
• The Commission’s functions and powers with respect
to elections to the offices of the President, the
Vice President, the state legislators and the
Parliament are divided under three headings:
• Administrative
• Advisory
• Quasi-judicial
• Composition of Election Commission
• Article 324 of the Constitution has made the
following provisions with regard to the
composition of the election commission:
• The President appoints the Chief Election
Commissioner and other election
commissioners.
• When any other EC is so appointed, the CEC
acts as the Election Commission’s Chairman.
• The President can also appoint regional
commissioners to assist the Commission, if
necessary after consulting with the Election
Commission.
• The tenure of office and the conditions of
service of all the commissioners shall be
determined by the country’s President.
• PART XVI SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES
• 330.Reservation of seats for Scheduled Castes and Scheduled
Tribes in the House of the People.
• 331. Representation of the Anglo-Indian community in the
House of the People.
• 332. Reservation of seats for Scheduled Castes and Scheduled
Tribes in the Legislative Assemblies of the States.
• 333. Representation of the Anglo-Indian community in the
Legislative Assemblies of the States.
• 334. Reservation of seats and special representation to cease
after certain period.
• 335. Claims of Scheduled Castes and Scheduled Tribes to
services and posts.
• 336. Special provision for Anglo-Indian community in certain
services.
• 337. Special provision with respect to educational grants for the
benefit of Anglo-Indian Community.
• 338. National Commission for Scheduled Castes.
• 338A. National Commission for Scheduled Tribes.
• 338B. National Commission for Backward Classes.
• 339. Control of the Union over the administration of Scheduled
Areas and the welfare of Scheduled Tribes.
• 340. Appointment of a Commission to investigate the conditions of
backward classes.
• 341. Scheduled Castes.
• 342. Scheduled Tribes. \
• 342A. Socially and educationally backward classes.
• OFFICIAL LANGUAGE CHAPTER I.—
• LANGUAGE OF THE UNION
• 343. Official language of the Union.
• 344. Commission and Committee of
Parliament on official language
PART XVIII EMERGENCY
PROVISIONS
• The emergency provisions are contained in Part
XVIII of the Constitution of India, from Article 352 to
360. These provisions enable the Central government
to meet any abnormal situation effectively.

• The rationality behind the incorporation is to safeguard

the sovereignty, unity, integrity and security of the
country, the democratic political system and the
Constitution.
• The Constitution stipulates three types of
emergencies-

• National Emergency
• Constitutional Emergency
• Financial Emergency
• NATIONAL EMERGENCY

• National emergency can be declared on the

basis of war, external aggression or armed
rebellion. The Constitution employs the
expression ‘proclamation of emergency’ to
denote an emergency of this type.
• Grounds of declaration:

• Under Article 352, the president can declare a

national emergency when the security of India or a
part of it is threatened by war or external aggression
or armed rebellion.
• The President can declare a national emergency
even before the actual occurrence of war or armed
rebellion or external aggression
• When a national emergency is declared on the
grounds of ‘war’ or ‘external aggression’, it is
known as ‘External Emergency’. On the other
hand, when it is declared on the grounds of ‘armed
rebellion’, it is known as ‘Internal Emergency’.

• This term ‘armed rebellion’ is inserted from

the 44th amendment. Before this term it was
known as internal disturbance.
• Parliamentary approval and duration

• The proclamation of emergency must be approved by both the

houses of parliament within one month from the date of its
issue.

• However, if the proclamation of emergency is issued at a time

when the Lok Sabha has been dissolved or the dissolution
takes place during the period of one month without approving
the proclamation, then the proclamation survives until 30 days
from the first sitting of Lok Sabha after its reconstitution,
provided the Rajya Sabha has in the meantime approved it.
• If approved by both the houses, the
Emergency continues for 6 months and
can be extended to an indefinite period
with an approval of the Parliament for
every six months.
• Every resolution approving the
proclamation of emergency or its
continuance must be passed by either
House of Parliament by a special
majority.
• Revocation of proclamation

• A proclamation of Emergency may be

revoked by the President at any time by a
subsequent proclamation. Such proclamation
does not require parliamentary approval.

• The emergency must be revoked if the Lok

Sabha passes a resolution by a simple
majority disapproving its continuation.
• Effects of national emergency
A proclamation of Emergency has drastic and wide-ranging
effects on the political system. These consequences can be
grouped into 3 categories:
• Effects on the centre-state relations: While a
proclamation of Emergency is in force, the normal
fabric of the Centre-State relations undergoes a basic
change. this can be studied under three heads:

• Executive: Centre becomes entitled to give

executive directions to a state on ‘any’ matter
• Legislative: The parliament becomes empowered
to make laws on any subject mentioned in the state
list, the president can issue ordinances on State
subjects also, if the parliament is not in session. The
laws made on state subjects by the parliament
become inoperative six months after the emergency
has ceased to be in operation.
• Financial: the president can modify the
constitutional distribution of revenues between the
centre and the states.
• Effect on the life of the Lok Sabha and State
Assembly:

• While a proclamation of National Emergency

is in operation, the life of the Lok Sabha may
be extended beyond the normal term for one
year at a time. However, this extension
cannot continue beyond a period of six
months after the emergency has ceased to
operate.
• Similarly, the Parliament may extend the
normal tenure of a state Legislative
Assembly by one year each time during a
national emergency, subject to a maximum
period of six months after the emergency
has ceased to operate.
• Effect on fundamental rights: Articles 358 and
359 describes the effect of a National Emergency
on the Fundamental Rights. These two provisions
are explained below:

• Suspension of Fundamental rights under

Article 19: According to Article 358, when a
proclamation of National Emergency is made,
the six fundamental rights under article 19 are
automatically suspended. Article 19 is
automatically revived after the expiry of the
emergency.

• The 44th Amendment Act laid out that Article

19 can only be suspended when the
National Emergency is laid on the grounds
of war or external aggression and not in the
case of armed rebellion.
Suspension of other Fundamental Rights: Under Article
359, the President is authorised to suspend, by order, the
right to move any court for the enforcement of Fundamental
Rights during a National Emergency. Thus, remedial
measures are suspended and not the Fundamental
Rights.

• The suspension of enforcement relates to only those

Fundamental Rights that are specified in the
Presidential Order.
• The suspension could be for the period during the
operation of emergency or for a shorter period.
• The Order should be laid before each House of
Parliament for approval.
• The 44 Amendment Act mandates that the President
cannot suspend the right to move the court for the
enforcement of Fundamental Rights guaranteed by
Article 20 and 21.
• President’s Rule

• Article 355 imposes a duty on the centre to ensure that the

government of every state is carried on in accordance with the
provisions of the constitution.

• It is this duty in the performance of which the centre takes over

the government of a state under Article 356 in case of failure of
constitutional machinery in a state.

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

• Grounds of imposition: the president’s ruler can be
proclaimed under Article 356 on two grounds:

• Article 356 empowers the President to issue a

proclamation if he is satisfied that a situation has
arisen in which the government of a state cannot
be carried on in accordance with the provisions of
the constitution.
• Article 365 says that whenever a state fails to
comply with or to give effect to any direction from
the centre, it will be lawful for the President to
hold that a situation has arisen in which the
government of the state cannot be carried on in
accordance with the provisions of the constitution.
•
• Parliamentary approval and duration: A
proclamation imposing president’s rule must
be approved by both the houses of
parliament within two months from the date
of its issue.
• However, if the proclamation of
President’s rule is issued at a time
when the Lok Sabha has been
dissolved or the dissolution of the Lok
Sabha takes place during the period
of two months without approving the
proclamation, then the proclamation
survives until 30 days from the first
sitting of the Lok Sabha after its
reconstitution, provided that the Rajya
Sabha approves it in the meantime
• Consequences of the President’s
rule: The President acquires the following
extraordinary powers when the President’s
rule is imposed in a state:

• He can take up the functions of the state

government and powers vested in the
governor or any other executive
authority in the state.
• He can declare that the powers of the
state legislature are to be exercised by
the parliament.
• He can take all other necessary steps
including the suspension of the
constitutional provisions relating to any
body or authority in the state.
• Financial Emergency
• Grounds of declaration: Article
360 empowers the president to proclaim a
Financial Emergency if he is satisfied that
a situation has arisen due to which the
financial stability or credit of India or any
part of its territory is threatened.
• Parliamentary approval and duration: A
proclamation declaring financial
emergency must be approved by both the
Houses of Parliament within two months
from the date of its issue.
• However, if the proclamation of Financial Emergency is
issued at a time when the Lok Sabha has been
dissolved or the dissolution of the Lok Sabha takes
place during the period of two months without approving
the proclamation, then the proclamation survives until
30 days from the first sitting of the Lok Sabha after its
reconstitution, provided the Rajya Sabha has in the
meantime approved it.

• Once approved by both the houses of Parliament,

the Financial Emergency continues indefinitely till it is
revoked.
• Effects of Financial Emergency
• Extension of the executive authority of the
Union over the financial matters of the
States.
• Reduction of salaries and allowances of all or
any class of persons serving in the State.
• Reservation of all money bills or other
financial bills for the consideration of the
President after they are passed by the
legislature of the State.
• Direction from the President for the reduction
of salaries and allowances of all or any class
of persons serving the Union; and the judges
of the Supreme Court and the High Courts.
 Procedure for Amending the
Indian Constitution
• Article 368 in Part XX of the Constitution deals with
the power of parliament to amend the constitution and
its procedures.
• It states that the Parliament may amend the
Constitution by way of addition, variation or repeal of
any provision in accordance with the procedure laid
down for the purpose.
• However, the Parliament cannot amend those
provisions which form the ‘basic structure’ of the
Constitution. This was ruled by the Supreme Court in
the Kesavananda Bharati case (1973).
• It provides for two types of
amendments, that is, by a special
majority of Parliament and the
special majority of parliament along
with the ratification of half of the
states legislatures by a simple
majority.
• Amendment of certain provisions of
the Constitution requires amendment
by a simple majority of each house
present and voting. These
amendments are not deemed to be
amendments under Article 368.
• What is a Simple Majority?

• A number of provisions in the

Constitution can be amended by a
simple majority of the two Houses
of Parliament outside the scope of
Article 368.
• These provisions include

• Formation of new states and alteration of areas, boundaries or

names of existing states,

• Abolition or creation of legislative councils in states,

• Use of official language,

• Citizenship – acquisition, and termination,

• Elections to Parliament and state legislatures,

• Fifth Schedule – administration of scheduled areas and scheduled

tribes,

• Sixth Schedule – administration of tribal areas.

• What is a Special Majority?
• About:
• Under Article 368(2), Parliament can amend the
Constitution by passing a Bill with a special
majority.
• Fundamental Rights and Directive Principles
of State Policy (DPSP) are the two most
important provisions that can be amended by the
special majority, but the amendments should be
within Basic structure of the constitution.
• All provisions that do not require ratification
by states, and those that come directly under the
purview of Article 368, can be amended by the
special majority.
• Special Majority with Consent of Half of States:
• Those provisions of the Constitution which
are related to the federal structure of the
polity can only be amended by a special majority
of the Parliament and also with the consent of half
of the state legislatures by a simple majority.
• Important provisions that require ratification by the
states include the election of
President, Supreme Court and High Courts,
representation of states in
Parliament, distribution of legislative
powers between the Union and the states, and
the extent of executive power of the Union and the
states.
• Most importantly, an amendment to Article 368
itself, requires ratification by the states.
Restrictions to Parliament’s Amending Power

• In the landmark Kesavananda Bharati case 1973, the

supreme court has ruled that parliament has the power to
amend any part of the constitution but it cannot alter the
“basic structure of the constitution”.

• The constituents of basic structure are not clearly defined

by the court. However, it has been interpreted to provisions
like values enshrined in preamble like secularism,
equality etc., federalism, separation of power,
independence judiciary, rule of law etc.
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