Module 1

Indian Cons tu on: Necessity of the Cons tu on

The Indian Constitution is the supreme law of the country that defines the structure,
powers and functions of the government and the rights and duties of the citizens. It
was adopted on 26th November 1949 and came into effect on 26th January 1950 1.
The Indian Constitution is necessary for the following reasons:

 It provides a set of basic rules that allow for minimal coordination among the
members of society and ensures that the government acts in the best interest
of the people2.
 It specifies who has the power to make decisions in the society and how the
government will be constituted. It also establishes a system of checks and
balances among the executive, legislature and judiciary to prevent abuse of
power2.
 It sets some limits on what the government can impose on its citizens and
guarantees certain fundamental rights to them. These rights are essential for
protecting the dignity, liberty and equality of the people2.
 It enables the government to fulfil the aspirations of the society and create
conditions for a just society. It also declares the state’s commitment to
certain socio-economic goals such as justice, liberty, equality and fraternity 1.
 It defines the identity of the nation and its people. It declares India to be a
sovereign, socialist, secular, democratic and republic country1. It also reflects
the diversity and unity of India’s culture, history and traditions3.

The Indian Constitution is thus a document that guides the governance and
development of India. It is also a source of inspiration and empowerment for its
citizens.

Introduc on to the Indian cons tu on

The Indian constitution is the supreme law of India that defines the structure, powers
and functions of the government and the rights and duties of the citizens. It was
adopted on 26th November 1949 and came into effect on 26th January 19501.
The Indian constitution is unique in both spirit and content. It has borrowed several
features from other constitutions of the world, but it also reflects the diversity and
unity of India’s culture, history and traditions2. It is the longest written constitution in
the world with 448 articles, 12 schedules, 5 appendices and 103 amendments 3.
The Indian constitution starts with a preamble that sums up its essence and
objectives. It declares India to be a sovereign, socialist, secular, democratic and
republic country. It also provides for justice, liberty, equality and fraternity for all its
citizens3.
The Indian constitution also lays down the fundamental rights, directive principles
and fundamental duties of the citizens. The fundamental rights are essential for
protecting the dignity, liberty and equality of the people. The directive principles are
guidelines for the state to promote social welfare and justice. The fundamental
duties are obligations of the citizens to uphold the constitution and respect its
ideals3.
The Indian constitution also establishes a parliamentary system of government with
a federal structure. It divides the powers between the centre and the states. It also
provides for a system of checks and balances among the executive, legislature and
judiciary to prevent abuse of power3.
The Indian constitution is not a rigid constitution. It can be amended by the
parliament following certain procedures. There have been many amendments made
to the constitution to meet the changing needs and aspirations of the society 3.
The Indian constitution is thus a document that guides the governance and
development of India. It is also a source of inspiration and empowerment for its
citizens.

Making of the Constitution

The making of the Constitution is the process of drafting and adopting the supreme
law of India. It involved the following steps:

 The idea of a Constituent Assembly to frame the Constitution was first

proposed by M.N. Roy in 19341.
 The demand for a Constituent Assembly was supported by the Indian National
Congress in 1935 and 19381.
 The British government accepted the demand in 1940, but the proposal was
rejected by the Muslim League1.
 The Cabinet Mission Plan of 1946 proposed a Constituent Assembly with 389
members, elected by the provincial assemblies2.
 The Constituent Assembly was elected in July 1946 and held its first meeting
on December 9, 19462. Dr. Rajendra Prasad was elected as its president2.
 After the partition of India in 1947, the Constituent Assembly was reduced to
299 members, representing the Union of India2.
 The Constituent Assembly appointed a Drafting Committee on August 29,
1947, under the chairmanship of Dr. B.R. Ambedkar, to prepare a draft
Constitution2.
 The Drafting Committee submitted its draft Constitution to the Constituent
Assembly on February 21, 19482. The draft Constitution was published for
public comments in January 19483.
 The Constituent Assembly debated and discussed the draft Constitution for
114 days, spread over 11 sessions, from November 4, 1948 to October 17,
19492. It considered 7635 amendments, out of which 2473 were accepted 2.
  The Constituent Assembly adopted the Constitution on November 26, 1949,
and it was signed by 284 members on January 24, 1950 2.
 The Constitution came into force on January 26, 1950, marking the birth of
the Republic of India2.

The making of the Constitution was a long and complex process that involved
various challenges and compromises. It was influenced by various sources and
models from other countries, but it also reflected the unique history and culture of
India. It is considered to be one of the most progressive and democratic
constitutions in the world.

Role of the Cons tuent Assembly

The role of the Constituent Assembly was to frame the Constitution of India, which is
the supreme law of the country. The Constituent Assembly was elected by the
provincial assemblies and represented the people of India. It had the following
functions:

 It deliberated and debated on the draft Constitution prepared by the Drafting

Committee under the chairmanship of Dr. B.R. Ambedkar1.
 It considered and adopted various amendments proposed by its members
and other stakeholders1.
 It incorporated the fundamental rights, directive principles and fundamental
duties of the citizens in the Constitution2.
 It established a parliamentary system of government with a federal structure
and a system of checks and balances among the executive, legislature and
judiciary2.
 It declared India to be a sovereign, socialist, secular, democratic and republic
country in the preamble of the Constitution1.
 It signed and adopted the Constitution on November 26, 1949, and enacted it
on January 26, 19501.

The role of the Constituent Assembly was thus to create a constitution that reflected
the aspirations and values of the people of India. It was also to ensure that the
constitution was democratic, progressive and flexible enough to meet the changing
needs and challenges of the society. The Constituent Assembly is regarded as one
of the most remarkable assemblies in world history for its vision, diversity and
contribution to nation-building3.
Module 2
Salient features of India Cons tu on

The Indian Constitution is the supreme law of India that defines the structure,
powers and functions of the government and the rights and duties of the citizens. It
was adopted on 26th November 1949 and came into effect on 26th January 19501.

Some of the salient features of the Indian Constitution are:

 Lengthiest written constitution: The Indian Constitution is the longest

written constitution in the world with 448 articles, 12 schedules, 5
appendices and 103 amendments2. It is comprehensive, elaborate and
detailed document that covers various aspects of governance and society.
 Drawn from various sources: The Indian Constitution has borrowed
several features from other constitutions of the world, such as the
independence of judiciary from USA, the parliamentary system from UK,
the directive principles from Ireland, the federal system from Canada, etc2.
However, it has also adapted them to suit the Indian conditions and
aspirations.
 Blend of rigidity and flexibility: The Indian Constitution is neither too
rigid nor too flexible. It can be amended by the parliament following certain
procedures. Some parts of the constitution can be amended by a simple
majority, some by a special majority, and some by a special majority and
ratification by half of the states2. This ensures that the constitution can be
changed according to the changing needs of the society, but also preserves
its basic structure and values.
 Federal system with unitary bias: The Indian Constitution establishes a
federal system of government with a division of powers between the centre
and the states. However, it also gives more powers and authority to the
centre than the states. For example, the centre can make laws on subjects in
the state list in certain circumstances, dismiss a state government under
article 356, appoint the governors of the states, etc2. This makes the Indian
federation more unitary than federal in nature.
 Parliamentary form of government: The Indian Constitution provides for
a parliamentary form of government at both the centre and the states. The
executive is responsible to the legislature and can be removed by a vote of
no-confidence. The president and the governors are nominal heads of state,
while the prime minister and the chief ministers are real heads of
government2. The council of ministers is collectively responsible to the
parliament or the state legislature.
 Synthesis of parliamentary sovereignty and judicial supremacy: The
Indian Constitution balances the principle of parliamentary sovereignty with
that of judicial supremacy. On one hand, it gives the parliament the power to
make laws on any subject within its competence. On the other hand, it gives
the judiciary the power to review any law or action of the executive or
legislature for its constitutionality. The Supreme Court is the guardian and
interpreter of the constitution and can declare any law or action as void if it
violates any part of the constitution2.
 Rule of law: The Indian Constitution upholds the principle of rule of law,
which means that no person is above the law and everyone is equal before it.
The constitution guarantees certain fundamental rights to all citizens and
protects them from arbitrary actions of the state. It also provides for an
independent judiciary to ensure justice and fairness for all2.
 Integrated and independent judiciary: The Indian Constitution establishes
a single integrated judicial system for both centre and states. The Supreme
Court is at the apex, followed by high courts at state level and subordinate
courts at district level. The judiciary is independent from executive and
legislature and enjoys security of tenure, fixed salaries, and other
safeguards2.
 Fundamental rights: The Indian Constitution grants and guarantees certain
fundamental rights to its citizens. These rights are essential for protecting
the dignity, liberty and equality of individuals. They include right to
equality, right to freedom, right against exploitation, right to freedom of
religion, cultural and educational rights, right to constitutional remedies2.
These rights are enforceable by courts and can be suspended only during
national emergency.
 Directive principles of state policy: The Indian Constitution contains a set
of directives or guidelines for the state to follow while making policies and
laws. These principles aim at promoting social welfare and justice in various
spheres such as economic, political, social, cultural, environmental, etc 2.
These principles are not enforceable by courts but are fundamental in
governance.
 Fundamental duties: The Indian Constitution also prescribes certain
fundamental duties for all citizens. These duties are obligations or moral
responsibilities of citizens towards their country and society. They include
respecting the constitution, national flag and anthem, cherishing national
heritage, protecting environment, promoting harmony, etc2. These duties are
not enforceable by courts but are expected to be followed by citizens.
 Secularism: The Indian Constitution declares India to be a secular state,
which means that there is no official religion or state patronage for any
religion. The state treats all religions equally and respects their freedom. The
state does not interfere in religious matters unless they affect public order,
morality or health2. The state also promotes the spirit of secularism among
its citizens and discourages communalism and religious intolerance.
 Universal adult franchise: The Indian Constitution grants the right to vote
to all citizens who are 18 years or above, irrespective of their caste, creed,
gender, religion, education, etc. This ensures that the people are the ultimate
source of authority and power in a democracy. The elections are held on the
basis of secret ballot and are conducted by an independent Election
Commission2.
 Single citizenship: The Indian Constitution provides for a single citizenship
for the whole of India. Unlike some other federations like USA, there is no
separate citizenship for states. All citizens enjoy the same rights and
privileges throughout the country and owe allegiance to the nation2.
 Independent bodies: The Indian Constitution also establishes some
independent bodies to perform certain functions that are vital for democracy
and good governance. These bodies include the Election Commission, the
Comptroller and Auditor General, the Union Public Service Commission,
the State Public Service Commissions, the National Human Rights
Commission, etc2. These bodies are autonomous and free from executive
control or interference.
 Emergency provisions: The Indian Constitution empowers the president to
declare three types of emergencies: national emergency (due to war, external
aggression or armed rebellion), state emergency (due to failure of
constitutional machinery in a state) and financial emergency (due to threat to
financial stability or credit of India)2. During an emergency, the centre can
assume more powers and suspend some rights and freedoms of the people.
These provisions are meant to deal with extraordinary situations and ensure
the security and integrity of the nation.
 Three-tier government: The Indian Constitution provides for a three-tier
system of government at the national, state and local levels. The local level
consists of panchayats in rural areas and municipalities in urban areas.
These bodies are elected by the people and are responsible for local
administration and development. The constitution also grants them certain
powers, functions and finances through constitutional amendments2.
 Co-operative societies: The Indian Constitution also recognises the role of
co-operative societies in promoting economic and social welfare of the
people. It provides for their incorporation, regulation and management
through a separate part in the constitution. It also directs the state to promote
their formation and functioning through appropriate laws2.
Preamble of Indian Cons tu on & Key concepts of the
Preamble
The preamble of the Indian Constitution is a brief introductory statement that sets
out the guiding purpose, principles and philosophy of the constitution. It is also
known as the soul or spirit of the constitution, as it reflects the vision and values of
the founding fathers of India1.

The preamble of the Indian Constitution contains the following key concepts:

 We, the people of India: This phrase indicates that the source of authority
of the constitution lies with the people of India. It also signifies that the
constitution is made by and for the people of India, and not given by any
external power or agency2.
 Sovereign, Socialist, Secular, Democratic, Republic: These words
describe the nature and character of the Indian state. Sovereign means that
India is free from any external control or domination. Socialist means that
India strives to achieve social and economic justice for all its citizens.
Secular means that India respects all religions and does not favour any one
religion over another. Democratic means that India is governed by the will
and consent of the people, who elect their representatives through free and
fair elections. Republic means that India has an elected head of state, who is
not a hereditary monarch2.
 Justice, Liberty, Equality, Fraternity: These words state the objectives of
the constitution to secure for all its citizens. Justice includes social,
economic and political justice, which means that all people should have
equal access to opportunities and resources, and be treated fairly by the law
and society. Liberty includes freedom of thought, expression, belief, faith
and worship, which means that all people should have the right to express
their opinions and beliefs without any fear or coercion. Equality includes
equality of status and opportunity, which means that all people should have
equal rights and dignity before the law and society. Fraternity includes
promoting a sense of brotherhood and unity among all people, irrespective
of their diversity in religion, language, culture or region2.
 Assuring the dignity of the individual and the unity and integrity of the
nation: This phrase highlights the two important aspects of the constitution:
to protect and enhance the dignity of every individual citizen, and to
preserve and promote the unity and integrity of the nation as a whole2.
 In our Constituent Assembly this twenty-sixth day of November 1949:
This phrase mentions the date on which the constitution was adopted by the
Constituent Assembly after two years, eleven months and seventeen days of
deliberation2. The constitution came into force on 26th January 1950, which
is celebrated as Republic Day in India3.
The preamble of the Indian Constitution is thus a summary of its essence and
objectives. It serves as an aid in interpreting and understanding the constitution. It
also reflects the hopes and aspirations of the people of India.

Fundamental Rights (FR’s) and its Restric on and

limita ons in different Complex Situa ons.
Fundamental rights are those rights that are conferred upon the citizens of India by
the Constitution of India. They are essential for protecting the dignity, liberty and
equality of individuals. They include right to equality, right to freedom, right
against exploitation, right to freedom of religion, cultural and educational rights,
and right to constitutional remedies1.

However, these rights are not absolute and are subject to certain reasonable
restrictions imposed by the state in the interest of public order, morality, security,
sovereignty and integrity of India. These restrictions are based on the principle that
one cannot use their right to infringe upon the rights of others or endanger the
welfare of the society2.

Some examples of the restrictions and limitations on fundamental rights in

different complex situations are:

 Right to freedom of speech and expression: This right allows the citizens to
express their opinions and beliefs without any fear or coercion. However,
this right is restricted on the grounds of sovereignty and integrity of India,
security of state, friendly relations with foreign states, public order, decency
or morality, contempt of court, defamation or incitement to an offence3. For
instance, one cannot make any statement that insults the national flag or
anthem, incites violence or hatred against any community or country,
defames or lowers the dignity of any person or institution, or violates any
law or court order4.
 Right to assemble peacefully without arms: This right enables the citizens to
form associations and unions and hold peaceful demonstrations and protests.
However, this right is restricted on the grounds of sovereignty and integrity
of India or public order3. For example, one cannot hold any assembly or
protest that disrupts the normal functioning of public services or institutions,
creates a nuisance or danger for others, or violates any law or court order.
 Right to practice any profession: This right allows the citizens to choose and
pursue any occupation, trade or business. However, this right is restricted on
the grounds of public interest and professional or technical qualifications3.
For instance, one cannot practice any profession that is harmful or
 hazardous for health or environment, requires a license or registration from
a competent authority, or involves immoral or illegal activities.

These are some of the examples of the fundamental rights and their restrictions and
limitations in different complex situations. The purpose of these restrictions is to
balance the individual rights with the social responsibilities and to ensure that the
fundamental rights are not misused or abused by anyone.

Module 3
Direc ve Principles of State Policy (DPSP’s) and its
present relevance in Indian society
The Directive Principles of State Policy (DPSP) are a set of guidelines or ideals
that the state should follow while making policies and laws. They are enshrined in
Part IV of the Indian Constitution, from Articles 36 to 51 1. They are borrowed
from the Irish Constitution, which had copied them from the Spanish Constitution 2.
They aim to establish a welfare state that promotes social and economic justice,
democracy, and national integration3.

The DPSP are classified into three categories: socialistic, Gandhian, and liberal-
intellectual. The socialistic principles deal with issues such as adequate means of
livelihood, equal pay for equal work, right to work, education, public health, etc.
The Gandhian principles reflect the ideas of Mahatma Gandhi, such as village
panchayats, prohibition of intoxicating drinks and drugs, promotion of cottage
industries, etc. The liberal-intellectual principles include matters such as uniform
civil code, separation of judiciary from executive, protection of historical
monuments, etc4.

The DPSP are not legally enforceable by the courts for their violation. However,
they are fundamental in the governance of the country and it is the duty of the state
to apply them in making laws1. They also serve as an aid in interpreting and
understanding the constitution. They balance the individual rights with the social
responsibilities and ensure that the fundamental rights are not misused or abused
by anyone.

The DPSP have a great significance and relevance in the present Indian society.
They provide a vision and direction for the state to achieve the goals of social and
economic democracy. They also reflect the aspirations and values of the people of
India. Some examples of how the DPSP have been implemented or influenced
various policies and laws are:
  The Five-Year Plans have tried to ensure socio-economic justice and reduce
inequalities in income, status, facilities and opportunities.
 The Planning Commission was replaced by NITI Aayog (National
Institution for Transforming India) in 2015 to provide a more participatory
and cooperative approach to development.
 The Legal Services Authorities Act of 1987 established a national network
to provide free and competent legal aid to the needy, as well as to organize
Lok Adalats to ensure speedy justice.
 The National Rural Employment Guarantee Act of 2005 guaranteed 100
days of wage employment in a year to every rural household willing to do
unskilled manual work.
 The Right to Education Act of 2009 made elementary education a
fundamental right for all children aged 6 to 14 years.
 The National Food Security Act of 2013 aimed to provide subsidized food
grains to two-thirds of India’s population under the Targeted Public
Distribution System.
 The Goods and Services Tax (GST) Act of 2017 introduced a uniform
indirect tax regime for the whole country, replacing multiple taxes levied by
the central and state governments.

These are some of the examples of how the DPSP have been relevant and
influential in shaping the Indian society. They are still important and applicable in
addressing various challenges and issues faced by the country. They also inspire
and empower the citizens to uphold the constitution and respect its ideals.

Fundamental Du es and its Scope and significance in

Na on
Fundamental duties are the moral obligations of all citizens to help promote a spirit
of patriotism and to uphold the unity of India. They are enshrined in Part IV A of
the Indian Constitution under Article 51A. Originally, there were 10 duties;
however, by the 86th Amendment in 2002, they were increased to eleven1.

The fundamental duties are:

 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 which inspired our 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; to renounce practices derogatory to the dignity of women;
 To value and preserve the rich heritage of our composite culture;
 To protect and improve the natural environment including forests, lakes,
rivers and wildlife, and to have compassion for living creatures;
 To develop the 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;
 Who is a parent or guardian to provide opportunities for education to his
child or, as the case may be, ward between the age of six and fourteen
years1.

The fundamental duties are not legally enforceable by the courts for their violation.
However, they are fundamental in the governance of the country and it is the duty
of the state to apply them in making laws1. They also serve as an aid in interpreting
and understanding the constitution. They balance the individual rights with the
social responsibilities and ensure that the fundamental rights are not misused or
abused by anyone.

The fundamental duties have a great significance and relevance in the present
Indian society. They provide a vision and direction for the state to achieve the
goals of social and economic democracy. They also reflect the aspirations and
values of the people of India. Some examples of how the fundamental duties have
been implemented or influenced various policies and laws are:

 The National Service Scheme (NSS) was launched in 1969 to provide

opportunities for students to participate in various social service activities.
 The National Green Tribunal (NGT) was established in 2010 to deal with
cases relating to environmental protection and conservation.
 The Right to Information (RTI) Act of 2005 empowered citizens to seek
information from public authorities and promote transparency and
accountability.
 The Protection of Women from Domestic Violence Act of 2005 aimed to
protect women from physical, mental, sexual or economic abuse by their
husbands or relatives.
 The National Curriculum Framework (NCF) of 2005 emphasized on
developing scientific temper, humanism, cultural diversity, environmental
awareness, etc. among students.

These are some of the examples of how the fundamental duties have been relevant
and influential in shaping the Indian society. They are still important and
applicable in addressing various challenges and issues faced by the country. They
also inspire and empower the citizens to uphold the constitution and respect its
ideals.

Union Execu ve : Parliamentary System

The Union Executive is the body that is responsible for implementing the laws and
policies made by the Parliament. It consists of the President, the Vice-President,
the Prime Minister and the Council of Ministers1.

The Parliamentary System is a form of government in which the executive branch

is derived from and accountable to the legislative branch. The executive and
legislative branches are interdependent and work together in making and executing
policies2.

Some of the features of the Union Executive and the Parliamentary System are:

 The President is the formal head of state and the nominal executive of the
Union. He/she is elected indirectly by an electoral college consisting of
elected members of both Houses of Parliament and the state legislative
assemblies1.
 The Prime Minister is the real head of government and the leader of the
majority party or coalition in the Lok Sabha. He/she is appointed by the
President and advises him/her on appointing other ministers1.
 The Council of Ministers are the members of the executive branch who
assist the Prime Minister in carrying out his/her functions. They are
collectively responsible to the Lok Sabha and can be removed by a vote of
no-confidence1.
 The Vice-President is the ex-officio chairman of the Rajya Sabha and acts as
the President in his/her absence or vacancy. He/she is elected indirectly by
an electoral college consisting of members of both Houses of Parliament1.
 The Attorney-General of India is the chief legal adviser to the government
and represents it in legal matters. He/she is appointed by the President on
the advice of the Prime Minister1.
 The Parliament is the supreme legislative body of the Union. It consists of
two Houses: the Lok Sabha (the lower house) and the Rajya Sabha (the
upper house). The members of both Houses are elected by different methods
and have different powers and functions2.
 The Lok Sabha is directly elected by the people on the basis of universal
adult franchise. It has a maximum strength of 552 members, out of which
530 represent states, 20 represent union territories, and 2 are nominated by
the President from Anglo-Indian community2.
  The Rajya Sabha is indirectly elected by the elected members of state
legislative assemblies. It has a maximum strength of 250 members, out of
which 238 represent states and union territories, and 12 are nominated by
the President from eminent persons in various fields2.
 The Parliament has various powers and functions, such as making laws on
subjects in the Union List and Concurrent List, approving budgets and taxes,
overseeing the executive branch, amending the constitution, declaring
emergency, etc2.

Union Execu ve – President, Prime Minister, Union

Cabinet.
The Union Executive is the body that is responsible for implementing the laws and
policies made by the Parliament. It is part of the parliamentary system of
government, in which the executive branch is derived from and accountable to the
legislative branch1.

The President is the formal head of state and the nominal executive of the Union.
He/she is elected indirectly by an electoral college consisting of elected members
of both Houses of Parliament and the state legislative assemblies2. The President
has various powers and functions, such as appointing the Prime Minister and other
ministers, granting pardons, declaring emergencies, etc. However, most of these
powers are exercised on the advice of the Prime Minister and the Council of
Ministers3.

The Prime Minister is the real head of government and the leader of the majority
party or coalition in the Lok Sabha. He/she is appointed by the President and
advises him/her on appointing other ministers2. The Prime Minister has various
functions and powers, such as presiding over the Cabinet meetings, coordinating
the work of different ministries, representing India in international forums, etc. The
Prime Minister is also responsible to the Lok Sabha and can be removed by a vote
of no-confidence4.

The Union Cabinet is the core group of ministers who assist the Prime Minister in
carrying out his/her functions. It consists of about 15 to 20 senior ministers who
hold important portfolios such as defence, finance, home, external affairs, etc. The
Cabinet is collectively responsible to the Parliament and decides on major policies
and issues of national importance5.

The Union Executive is thus a body that guides and directs the governance and
development of India. It works in coordination with the Parliament and the
Judiciary to ensure that the constitution is upheld and respected.
Module 4
Parliament - LS and RS
The Parliament is the supreme legislative body of the Union of India. It consists of
two Houses: the Lok Sabha (the lower house) and the Rajya Sabha (the upper
house). The Parliament also includes the President of India, who is the formal head
of state and a part of the legislature1.

The Lok Sabha and the Rajya Sabha have different compositions, powers and
functions. Some of the differences between them are:

 The Lok Sabha is directly elected by the people on the basis of universal
adult franchise. It has a maximum strength of 552 members, out of which
530 represent states, 20 represent union territories, and 2 are nominated by
the President from Anglo-Indian community2. The Rajya Sabha is indirectly
elected by the elected members of state legislative assemblies. It has a
maximum strength of 250 members, out of which 238 represent states and
union territories, and 12 are nominated by the President from eminent
persons in various fields3.
 The Lok Sabha has a term of five years, unless it is dissolved earlier by
passing a no-confidence motion or by the President on the advice of the
Prime Minister. The Rajya Sabha is a permanent body that never dissolves.
However, one-third of its members retire every two years and are replaced
by new ones4.
 The Lok Sabha has more powers and influence than the Rajya Sabha in
matters of legislation, budget and control over the executive. The Lok Sabha
can pass any bill with a simple majority, except for constitutional
amendment bills that require a special majority of two-thirds. The Rajya
Sabha can only delay or suggest changes to a bill passed by the Lok Sabha,
but cannot reject or amend it without its consent. The Lok Sabha also has
the power to approve or reject the budget and taxes proposed by the
government. The Rajya Sabha can only discuss but not vote on them. The
Lok Sabha can also remove the Prime Minister and the Council of Ministers
by passing a no-confidence motion. The Rajya Sabha has no such power.
 The Rajya Sabha has some special powers that are not enjoyed by the Lok
Sabha. These include initiating bills on subjects in the State List, which are
normally under the jurisdiction of state governments. The Rajya Sabha can
also pass resolutions to empower Parliament to make laws on subjects in the
State List in national interest. The Rajya Sabha can also create new All India
Services that are common to both centre and states.
The Parliament is thus a bicameral legislature that represents both the people and
the states of India. It works in coordination with the executive and the judiciary to
ensure that the constitution is upheld and respected.

Supreme Court of India and other Courts

The Supreme Court of India is the highest judicial authority in the country. It is the
final court of appeal and the guardian of the constitution. It has the power to
review any judgement or order of any court or tribunal in India. It also has the
power to settle disputes between the centre and the states, or between two or more
states. It can also issue writs to protect the fundamental rights of the citizens1.

The Supreme Court consists of one Chief Justice and 33 other judges, who are
appointed by the President on the recommendation of a collegium of senior judges.
The judges hold office till they attain the age of 65 years, or until they resign or are
removed by impeachment. The Supreme Court has its own rules and procedures
for conducting its business. It also has a registry, a secretariat and other staff to
assist it2.

The Supreme Court has its permanent seat in New Delhi, but it can also hold its
sessions in other places as decided by the Chief Justice with the approval of the
President. The Supreme Court also has four circuit benches in Kolkata, Mumbai,
Chennai and Hyderabad, where some of its judges sit periodically to hear cases
from those regions3.

The Supreme Court is divided into two divisions: the court division and the
administrative division. The court division deals with judicial matters such as
hearing cases, delivering judgements, issuing orders, etc. The administrative
division deals with non-judicial matters such as appointment of judges, transfer of
cases, supervision of lower courts, etc4.

The Supreme Court is assisted by various other courts and tribunals in India. These
include:

 High Courts: These are the highest courts in each state or union territory.
They have jurisdiction over civil and criminal cases within their respective
territories. They also have supervisory and appellate powers over
subordinate courts and tribunals. There are 25 High Courts in India, each
headed by a Chief Justice and comprising other judges5.
 District Courts: These are the principal trial courts in each district or city.
They have jurisdiction over civil and criminal cases arising within their
 districts. They are presided over by district judges and additional district
judges.
 Subordinate Courts: These are the lower courts that function under the
control and supervision of the High Courts and District Courts. They include
civil courts such as munsiff courts, small cause courts, family courts, etc.,
and criminal courts such as judicial magistrate courts, metropolitan
magistrate courts, special courts, etc.
 Tribunals: These are quasi-judicial bodies that deal with specific matters
such as service, tax, consumer protection, environment, etc. They are
established by statutes and have limited jurisdiction and powers. They
include tribunals such as Central Administrative Tribunal (CAT), Income
Tax Appellate Tribunal (ITAT), National Green Tribunal (NGT), etc.

Judicial Reviews and Judicial Ac vism

Judicial reviews and judicial activism are two concepts that relate to the role and
power of the judiciary in a legal and political system. They are often used to
describe the extent and limits of judicial intervention in the actions and policies of
the legislative and executive branches of government.

Judicial review is the power of a court, typically a constitutional court, to review

the validity of laws, orders, or actions of the legislative or executive branches of
government, and to declare them null and void if they are found to be inconsistent
with the constitution or any higher law. Judicial review is a means of upholding the
rule of law and protecting the constitution from any violation or infringement by
the other branches of government1.

Judicial activism is the tendency or practice of a court, typically through its rulings
or judgements, to take an active and assertive role in shaping or influencing social,
economic, or political policies or outcomes. Judicial activism often involves
interpreting the constitution or laws broadly and flexibly, beyond their literal or
original meaning, to achieve what the court considers to be just, fair, or desirable
results2.

Judicial review and judicial activism are not mutually exclusive concepts; they can
coexist or overlap in some cases. However, they are also not synonymous; they can
differ or conflict in some cases. Some of the differences between them are:

 Judicial review is a constitutional power that is explicitly or implicitly

granted to the courts by the constitution or any higher law. Judicial activism
is a judicial behavior that is not necessarily derived from or authorized by
the constitution or any higher law3.
  Judicial review is a reactive process that is initiated by a petition or a
challenge from an aggrieved party who claims that their rights or interests
have been violated by a law or an action of the government. Judicial
activism is a proactive process that is initiated by the court itself or by a
public interest litigation from a concerned party who seeks to advance a
cause or an issue of public importance4.
 Judicial review is a limited and specific power that is exercised only when
there is a clear and substantial conflict between a law or an action of the
government and the constitution or any higher law. Judicial activism is a
broad and general power that is exercised whenever there is a perceived gap,
deficiency, or injustice in the existing laws or policies of the government.
 Judicial review is a conservative and restrained power that aims to preserve
and protect the constitution and its principles from any deviation or
distortion by the other branches of government. Judicial activism is a
progressive and assertive power that aims to modify and improve the
constitution and its principles according to the changing needs and
aspirations of society.

Judicial review and judicial activism are thus two different but related concepts
that reflect the role and power of the judiciary in a legal and political system. They
have both advantages and disadvantages for democracy and governance. They can
be seen as complementary or contradictory depending on one’s perspective and
preference.

Judicial System of India

The judicial system of India is a system of courts that interpret and apply the law in
the Republic of India. India uses a common law system, first introduced by the
British East India Company and with influence from other colonial powers and
Indian princely states, as well as practices from ancient and medieval times 1.

The constitution provides for a single integrated judiciary in India. The Indian
judicial system is managed and administrated by officers. Judges of Subordinate
Judiciaries are appointed by the governor on recommendation by the High Court.
Judges of the High Courts and Supreme Court are appointed by the President of
India on the recommendation of a collegium2. The judicial system is structured in
three levels with subsidiary parts. The Supreme Court, also known as the Apex
Court, is the top court and the ultimate appellate court in India. The Chief Justice
of India leads that court. High Courts are the top judicial bodies in individual
states, controlled and managed by state Chief Justices. Below the High Courts are
District Courts, also known as subordinate courts, that are controlled and managed
by District and Sessions Judges. The lower subordinate courts are Civil Court and
the District Munsif Court, headed by a Sub-Judge. The higher subordinate court,
Criminal Court, is headed by Chief Judicial /Metropolitan Magistrate at top and
followed by ACJM /ACMM and JM/MM [clarification needed] at the lower level.
The Executive and Revenue Courts are managed by the state government through
the district magistrate and commissioner, respectively. Although the executive
courts are not part of the judiciary, various provisions and judgements empower
the High Courts and Session Judges to inspect or direct their operation. The
Ministry of Law and Justice at the Union level is responsible for raising issues
before Parliament relating to the judiciary. It has jurisdiction to deal with the issues
of any court3.

The Supreme Court has various powers and functions, such as reviewing any
judgement or order of any court or tribunal in India, settling disputes between the
centre and the states, or between two or more states, issuing writs to protect the
fundamental rights of the citizens, etc. The Supreme Court is also the guardian and
interpreter of the constitution and can declare any law or action as void if it
violates any part of the constitution4.

The High Courts have jurisdiction over civil and criminal cases within their
respective territories. They also have supervisory and appellate powers over
subordinate courts and tribunals. There are 25 High Courts in India, each headed
by a Chief Justice and comprising other judges.

The District Courts are the principal trial courts in each district or city. They have
jurisdiction over civil and criminal cases arising within their districts. They are
presided over by district judges and additional district judges.

The Subordinate Courts are the lower courts that function under the control and
supervision of the High Courts and District Courts. They include civil courts such
as munsiff courts, small cause courts, family courts, etc., and criminal courts such
as judicial magistrate courts, metropolitan magistrate courts, special courts, etc.

The Tribunals are quasi-judicial bodies that deal with specific matters such as
service, tax, consumer protection, environment, etc. They are established by
statutes and have limited jurisdiction and powers. They include tribunals such as
Central Administrative Tribunal (CAT), Income Tax Appellate Tribunal (ITAT),
National Green Tribunal (NGT), etc.

Important Parliamentary Terminologies.

Parliamentary terminologies are the words or phrases that are used to describe the
various aspects and functions of the parliament. They help to understand the
working and procedures of the parliament and its members. Some of the important
parliamentary terminologies are:

 Quorum: It is the minimum number of members whose presence is

essential to transact the business of the House. It is one-tenth of the total
members of each House1.
 Question Hour: It is the first hour of every sitting of the parliament, during
which questions are asked by the members and answers are given by the
ministers. It is an important tool of parliamentary control over the
executive2.
 Zero Hour: It is the period immediately after the question hour, during
which members can raise matters of urgent public importance without any
prior notice. It usually begins at 12 noon and lasts till 1 pm3.
 Starred Question: It is a question for which an oral answer is required to be
given by the minister on the floor of the House. Supplementary questions
may be asked based on the minister’s reply. One member can ask only one
starred question in a day4.
 Unstarred Question: It is a question for which a written answer is laid on
the table of the House by the minister. No supplementary questions can be
asked on it. One member can ask up to five unstarred questions in a day 4.
 Short Notice Question: It is a question that is asked by a member on a
matter of public importance of an urgent nature, with a notice shorter than
10 days. It is for the Speaker to decide whether the matter is urgent or not.
The member has also to state reasons for asking the question while serving
notice4.
 Point of Order: It is a question raised by a member during the proceedings
of the House, regarding any breach or violation of rules or procedures. The
Speaker decides whether the point of order is valid or not5.
 Vote on Account: It is a grant made by the parliament to enable the
government to meet its expenses for a short period, pending the passing of
the full budget. It is usually equal to one-sixth of the estimated expenditure
for the whole year.
 Guillotine: It is a procedure by which all the outstanding demands for
grants are put to vote at once, without any discussion, on the last day
allotted for financial business. It is done to save time and expedite the
passing of the budget.
 Lame Duck Session: It is a session held when a new parliament has been
elected but the old parliament meets for the last time before it is dissolved.
The lame ducks are the members who have not got re-elected or have
retired.
 Deadlock: It is a situation when both Houses of parliament disagree over a
bill and fail to resolve their differences within six months. In such a case,
the President can summon a joint sitting of both Houses to break the
deadlock.
  Whip: It is an official appointed by each political party to ensure discipline
and attendance among its members in parliament. The whip also issues
directions to its members on how to vote on various issues. The members
who do not obey or follow the whip are subject to disciplinary action.
 Oath or Affirmation: It is a solemn pledge taken by every member of
parliament before taking his or her seat in either House. The oath or
affirmation is administered by the President or any person appointed by him
or her in case of Lok Sabha, and by the Chairman or any person appointed
by him or her in case of Rajya Sabha.
 Adjournment Motion: It is a motion moved by a member to draw attention
to a matter of urgent public importance, and to adjourn the House for
discussing it. It involves an element of censure against the government and
hence it is regarded as an extraordinary device.

Module 5
State Executive and Governer, CM, State Cabinet
The state executive is the body that is responsible for implementing the laws and
policies made by the state legislature. It consists of the governor, the chief
minister, and the council of ministers1.

The governor is the formal head of the state and the nominal executive of the state
government. He/she is appointed by the president for a term of five years and holds
office during his/her pleasure. He/she acts as an agent of the centre and exercises
his/her powers on the advice of the chief minister and the council of ministers 2.
Some of his/her powers and functions are:

 He/she appoints the chief minister and other ministers, as well as the
advocate general and the members of the state public service commission.
 He/she can summon, prorogue, or dissolve the state legislature and address
its first session after each general election.
 He/she can grant pardons, reprieves, or commutations to persons convicted
of offences against state laws.
 He/she can reserve any bill passed by the state legislature for the
consideration of the president, if he/she deems it necessary or if it is
required by law.
 He/she can make regulations for the administration of scheduled areas and
tribal areas in the state.

The chief minister is the real head of the government and the leader of the majority
party or coalition in the state legislative assembly. He/she is appointed by the
governor and advises him/her on appointing other ministers3. Some of his/her
powers and functions are:

 He/she presides over the meetings of the council of ministers and

coordinates their work.
 He/she communicates with the governor on all matters relating to the
administration of the state and proposals for legislation.
 He/she advises the governor on summoning, proroguing, or dissolving the
state legislature.
 He/she represents the state in inter-state or national forums and maintains
relations with other states and the centre.
 He/she is responsible to the state legislative assembly and can be removed
by a vote of no-confidence.

The council of ministers are the members of the executive branch who assist the
chief minister in carrying out his/her functions. They are appointed by the governor
on the advice of the chief minister from among the members of either house of the
state legislature4. Some of their powers and functions are:

 They advise the governor on matters relating to their respective departments

or portfolios.
 They introduce bills, motions, resolutions, or amendments in the state
legislature on behalf of the government.
 They answer questions, participate in debates, and defend the policies and
actions of the government in the state legislature.
 They implement the laws and policies made by the state legislature in their
respective domains.

The state executive is thus a body that guides and directs the governance and
development of the state. It works in coordination with the state legislature and the
judiciary to ensure that the constitution is upheld and respected.

Legislature - VS & VP
The legislature is the body that makes laws and policies for the country. It consists
of two Houses: the Lok Sabha (the lower house) and the Rajya Sabha (the upper
house). The legislature also includes the President of India, who is the formal head
of state and a part of the legislature1.

The Vice President and the Speaker are two important functionaries of the
legislature. They have different roles and responsibilities in relation to the two
Houses. Some of the differences between them are:
  The Vice President is the ex-officio chairman of the Rajya Sabha and
presides over its meetings. He/she is elected indirectly by an electoral
college consisting of members of both Houses of Parliament2. The Speaker
is the presiding officer of the Lok Sabha and is elected by its members from
among themselves3.
 The Vice President acts as the President in his/her absence or vacancy.
He/she also has a casting vote in case of a tie in the Rajya Sabha2. The
Speaker does not act as the President in any situation. He/she also has a
casting vote in case of a tie in the Lok Sabha3.
 The Vice President is not a member of either House of Parliament or of a
House of a Legislature of any state. If a member of either House of
Parliament or of a House of a Legislature of any state is elected as Vice
President, he/she is deemed to have vacated his/her seat in that House on the
date he/she enters his office as Vice President4. The Speaker is a member of
the Lok Sabha and retains his/her membership even after becoming the
Speaker3.
 The Vice President can be removed from his/her office by a resolution
passed by a majority of all the members of the Rajya Sabha and agreed to by
the Lok Sabha. Such a resolution can be moved only after giving at least 14
days’ notice4. The Speaker can be removed from his/her office by a
resolution passed by a majority of all the members of the Lok Sabha. Such a
resolution can be moved only after giving at least 14 days’ notice3.

The Vice President and the Speaker are thus two different but related functionaries
of the legislature. They perform various duties and functions to ensure the smooth
and orderly conduct of business in their respective Houses.

Elec on Commission, Elec ons & Electoral Process.

The Election Commission of India is a constitutional body that is responsible for
conducting free and fair elections in the country. It was established in 1950 and
consists of one Chief Election Commissioner and two Election Commissioners,
who are appointed by the President for a term of six years or until they attain 65
years of age, whichever is earlier1.

The Election Commission has various powers and functions, such as:

 Preparing and revising the electoral rolls for all elections

 Registering political parties and allotting symbols to them
 Supervising and regulating the conduct of elections and enforcing the model
code of conduct
 Appointing election observers, returning officers, polling officers, etc.
  Deciding disputes related to elections and electoral offences
 Advising the President or the Governor on matters of disqualification of
MPs or MLAs
 Educating and creating awareness among voters and stakeholders
 Using technology and innovation to improve the electoral process

Elections are the process by which the people of India choose their representatives
for various levels of government, such as Parliament, State Legislatures, Local
Bodies, etc. Elections are held periodically according to the constitutional
provisions and the laws made by Parliament2.

The Electoral Process in India involves the following steps:

 Delimitation of constituencies: It is the process of dividing the country into

territorial units or constituencies for the purpose of elections. Each
constituency elects one representative to the Lok Sabha or the State
Legislative Assembly. The delimitation is done by an independent
commission based on the population census3.
 Notification of elections: It is the official announcement of the dates and
schedule of elections by the Election Commission. It also invites
nominations from candidates who wish to contest the elections 4.
 Filing of nominations: It is the process by which a candidate submits his/her
nomination papers to the returning officer of the constituency. The
nomination papers contain details such as name, age, address, educational
qualifications, assets, liabilities, criminal antecedents, etc. The nomination
papers are scrutinized by the returning officer and accepted or rejected
accordingly5.
 Campaigning: It is the process by which candidates and political parties try
to persuade and influence the voters to vote for them. They use various
methods such as rallies, meetings, speeches, advertisements, manifestos, etc.
The campaigning ends 48 hours before the polling day.
 Polling: It is the process by which voters cast their votes at designated
polling stations on the polling day. The voters have to show their identity
proof and get their names checked in the electoral roll. They are then given a
ballot paper or an electronic voting machine (EVM) to mark their choice of
candidate. The EVMs also have a voter verifiable paper audit trail (VVPAT)
system that allows voters to verify their votes.
 Counting: It is the process by which votes are counted and results are
declared by the returning officer of each constituency. The counting usually
begins on the day after the polling day and continues till all votes are
counted. The candidate who secures the highest number of valid votes is
declared elected.
The Election Commission, Elections and Electoral Process are thus important
aspects of Indian democracy that ensure that people’s will is reflected in
governance.

Amendment to Cons tu on, and Important

Cons tu onal Amendments ll today
The amendment to the constitution is the process by which changes or additions are
made to the constitution of India. The constitution provides for three types of
amendments:

 Amendments by simple majority: These are amendments that can be passed

by a simple majority of both Houses of Parliament, without any special
procedure. They deal with matters such as admission or establishment of
new states, creation or abolition of legislative councils in states, etc.
 Amendments by special majority: These are amendments that require a
special majority of two-thirds of the members present and voting in each
House of Parliament, and a majority of the total membership of each House.
They deal with matters such as fundamental rights, directive principles,
executive and legislative powers of the centre and the states, etc.
 Amendments by special majority and ratification by states: These are
amendments that require, in addition to the special majority in both Houses of
Parliament, ratification by at least half of the state legislatures. They deal with
matters such as election of the President, extent of executive power of the
union and the states, representation of states in Parliament, etc.

As of December 2021, there have been 104 amendments to the constitution of India
since it was first enacted in 19501. Some of the important constitutional
amendments till today are:

 First Amendment Act, 1951: It added special provisions for the advancement
of socially and educationally backward classes or SCs and STs. It also
introduced the Ninth Schedule to protect certain laws from judicial review2.
 Seventh Amendment Act, 1956: It reorganized the states on linguistic basis
and abolished the distinction between Part A, B, C and D states. It also
enabled Parliament to create a common High Court for two or more states 3.
 Twenty-fourth Amendment Act, 1971: It affirmed the power of Parliament to
amend any part of the constitution, including the fundamental rights. It also
made it obligatory for the President to give his assent to any constitutional
amendment bill passed by Parliament4.
 Forty-second Amendment Act, 1976: It is also known as the mini-constitution
as it brought sweeping changes in various parts of the constitution. It added
three new words - socialist, secular and integrity - to the preamble. It also
transferred five subjects from the state list to the concurrent list, increased
the term of Lok Sabha and state assemblies from five to six years, curtailed
 the power of judicial review, and gave primacy to the directive principles over
the fundamental rights 5.
 Forty-fourth Amendment Act, 1978: It reversed some of the changes made by
the 42nd Amendment Act. It restored the term of Lok Sabha and state
assemblies to five years, enhanced the power of judicial review, added a new
fundamental right to property under Article 300A, and introduced a new
provision for imposing national emergency on grounds of “armed rebellion”
instead of “internal disturbance”.
 Seventy-third Amendment Act, 1992: It gave constitutional status and
recognition to panchayats as local self-government institutions. It provided
for a three-tier system of panchayats at village, intermediate and district
levels. It also reserved one-third seats for women and SCs and STs in
panchayats.
 Seventy-fourth Amendment Act, 1992: It gave constitutional status and
recognition to municipalities as urban local self-government institutions. It
provided for a three-tier system of municipalities at nagar panchayat,
municipal council and municipal corporation levels. It also reserved one-third
seats for women and SCs and STs in municipalities.
 Eighty-sixth Amendment Act, 2002: It made elementary education a
fundamental right for all children aged 6 to 14 years under Article 21A. It also
made it a fundamental duty for parents to provide opportunities for education
to their children under Article 51A (k).
 One Hundred First Amendment Act, 2016: It introduced a uniform indirect tax
regime called Goods and Services Tax (GST) for the whole country by
amending various articles and schedules related to taxation. It also created a
GST Council to make recommendations on GST rates and other matters.
 One Hundred Third Amendment Act, 2019: It provided for 10% reservation in
government jobs and educational institutions for economically weaker
sections (EWS) among general category candidates by inserting Article 15 (6)
and Article 16 (6).