Indian Constitution:

 Supreme law of India.

 Defines Goverenment’s fundamental
political
values,policies,processes,powers,rights
and duties.
 It conveys constitutional supremacy
not parliamentary supremacy.
 It’s the longest in the world.
 It was adopted in 1949 on Nov
26,came into effect on 26 jan 1950.
 Chairman of drafting committee Dr.B.R
Ambedkar.
 After its adoption The Union of India
became the modern and Republic of
India.
Preamble:
The ‘Preamble’ of the Constitution of
India is a brief introductory statement that
sets out the guiding purpose and principles
of the document, and it indicates the
source from which the document which
derives its authority, meaning, the people.
It was adopted on 26 November 1949 by
the Constituent Assembly of India and
came into effect on 26th January 1950.
Who wrote The preamble of India
the preamble contains tenets highlighted
of India? in the Objective Resolution
drafted by Jawaharlal Nehru
in 1946
How many Only 1 preamble along with
preambles 22 parts and 12 schedules
does the and 448 articles, Indian
Indian Constitution today exists
Constitution
have?
What is the Though no particular word
most has been given more
important importance than others,
word in the however, ‘We, the people
Preamble of of India’ are the words
India? which are termed as the
most powerful in the
Preamble to the Indian
Constitution
Why do we It gives us fundamental
need a values and highlights of the
Preamble? Constitution

The source of the Indian Constitution,

nature of the Indian State, the objectives of
the Constitution of India & the date of
adoption of the Indian State, are four main
ingredients of the Indian Preamble which
you can read about in the table below:
 Preamble to the Indian Constitution
Source of The People of India are
the Indian revealed to be the source of
Constitution the authority of the Indian
Constitution. The words,
‘We, the People of India’
reflect the same.
Nature of The Preamble of India tags
the Indian India as the sovereign,
State secular, republic, secular
and democratic nation
Objective of Justice, Liberty, Equality
the Indian and Fraternity are denoted
Constitution as the objectives of the
Preamble of India
Adoption November 26, 1949 as the
Date of the date when then the Indian
Constitution Constitution
of India
Directive Principles of State Policy:
DPSP are ideals which are meant to be
kept in mind by the state when it
formulates policies and enacts laws. There
are various definitions to Directive
Principles of State which are given below:
 They are an ‘instrument of instructions’
which are enumerated in
the Government of India Act, 1935.
 They seek to establish economic and
social democracy in the country.

 DPSPs are ideals which are not legally

enforceable by the courts for their
violation.
Directive Principles of State Policy –
Classification
Indian Constitution has not originally
classified DPSPs but on the basis of their
content and direction, they are usually
classified into three types-
  Socialistic Principles,
 Gandhian Principles and,
 Liberal-Intellectual Principles.
DPSP – Socialistic Principles
Definition: They are the principles that aim at
providing social and economic justice and set
the path towards the welfare state. Under various
articles, they direct the state to:
Article Promote the welfare of the people by
38 securing a social order through justice
—social, economic and political—and
to minimise inequalities in income,
status, facilities and opportunities
Article Secure citizens:
39
Right to adequate means of


livelihood for all citizens

Equitable distribution of material


resources of the community for the

common good
Prevention of concentration of

 wealth and means of production
 Equal pay for equal work for men
and women
 Preservation of the health and
strength of workers and children
against forcible abuse
 Opportunities for the healthy
development of children
Article Promote equal justice and free legal
39A aid to the poor
Article In cases of unemployment, old age,
41 sickness and disablement, secure
citizens:
 Right to work
 Right to education
 Right to public assistance
Article Make provision for just and humane
42 conditions of work and maternity relief
Article Secure a living wage, a decent
43 standard of living and social and
cultural opportunities for all workers
Article Take steps to secure the participation
43A of workers in the management of
industries
Article Raise the level of nutrition and the
47 standard of living of people and to
improve public health

DPSP – Gandhian Principles

Definition: These principles are based on
Gandhian ideology used to represent the
programme of reconstruction enunciated by
Gandhi during the national movement. Under
various articles, they direct the state to:
Article Organise village panchayats and
40 endow them with necessary
powers and authority to enable them to
function as units of self-government
Article Promote cottage industries on an
43 individual or co-operation basis in
rural areas
Article Promote voluntary formation,
43B autonomous functioning, democratic
control and professional management
of co-operative societies
Article Promote the educational and economic
46 interests of SCs, STs, and other weaker
sections of the society and to protect
them from social injustice and
exploitation

Article Prohibit the consumption of

47 intoxicating drinks and drugs which
are injurious to health
Article Prohibit the slaughter of cows, calves
48 and other milch and draught cattle and
to improve their breeds

DPSP – Liberal-Intellectual Principles

Definition: These principles reflect the
ideology of liberalism. Under various
articles, they direct the state to:
Article Secure for all citizens a uniform
44 civil code throughout the country
Article Provide early childhood care and
45 education for all children until
they complete the age of six years.
(Note: 86th Amendment Act of
2002 changed the subject matter
of this article and made
elementary education a
fundamental right under Article 21
A.)
Article Organise agriculture and animal
48 husbandry on modern and
scientific lines
Article Protect monuments, places and
49 objects of artistic or historic
interest which are declared to be
of national importance
Article Separate the judiciary from the
50 executive in the public services of
the State
Article  Promote international peace
51 and security and maintain just
and honourable relations
between nations
 Foster respect for international
law and treaty obligations
 Encourage settlement of
international disputes by
arbitration

List of Constitutional Bodies

The list of constitutional bodies in India
along with the article pertaining to it in the
Constitution and other details are given
below:
 Attorney General of India
 Comptroller and Auditor General
(CAG)
 Election Commission
 Finance Commission
 National Commission for Scheduled
Castes
 National Commission for Scheduled
Tribes
 National Commission for Backward
Classes
 Special officer for Linguistic
Minorities
 Union Public Service Commission
 State Public Service Commission
What are the Fundamental Rights?
Fundamental rights are the basic human
rights enshrined in the Constitution of
India which are guaranteed to all citizens.
They are applied without discrimination on
the basis of race, religion, gender, etc.
Significantly, fundamental rights are
enforceable by the courts, subject to
certain conditions.
Why are they called Fundamental
Rights?
These rights are called fundamental rights
because of two reasons:
1. They are enshrined in the
Constitution which guarantees them
2. They are justiciable (enforceable by
courts). In case of a violation, a person
can approach a court of law.
List of Fundamental Rights
There are six fundamental rights of Indian
Constitution along with the constitutional
articles related to them are mentioned
below:
1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article
23-24)
4. Right to Freedom of Religion
(Article 25-28)
5. Cultural and Educational Rights
(Article 29-30)
6. Right to Constitutional Remedies
(Article 32)
Why Right to Property is not a
Fundamental Right?
There was one more fundamental right in
the Constitution, i.e., the right to property.
However, this right was removed from the
list of fundamental rights by the 44th
Constitutional Amendment.
This was because this right proved to be a
hindrance towards attaining the goal of
socialism and redistributing wealth
(property) equitably among the people.
Note: The right to property is now a
legal right and not a fundamental right.
Introduction to Six Fundamental Rights
(Articles 12 to 35)
Under this section, we list the fundamental
rights in India and briefly describe each of
them.
1. Right to Equality (Articles 14 – 18)
Right to equality guarantees equal rights
for everyone, irrespective of religion,
gender, caste, race or place of birth. It
ensures equal employment opportunities in
the government and insures against
discrimination by the State in matters of
employment on the basis of caste, religion,
etc. This right also includes the abolition
of titles as well as untouchability.
Aspirants can read more about Right to
Equality in the linked article.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important
ideals cherished by any democratic
society. The Indian Constitution
guarantees freedom to citizens. The
freedom right includes many rights such
as:
 Freedom of speech
 Freedom of expression
 Freedom of assembly without arms
 Freedom of association
 Freedom to practise any profession
 Freedom to reside in any part of the
country
Read more on the Right to Freedom in the
linked article.
Some of these rights are subject to certain
conditions of state security, public
morality and decency and friendly
relations with foreign countries. This
means that the State has the right to
impose reasonable restrictions on them.
Aspirants can find the details on Right to
Life (Article 21), in the linked article.
3. Right against Exploitation (Articles
23 – 24)
This right implies the prohibition of traffic
in human beings, begar, and other forms
of forced labour. It also implies the
prohibition of children in factories, etc.
The Constitution prohibits the employment
of children under 14 years in hazardous
conditions.
Read more on the Right against
Exploitation in the linked article.
4. Right to Freedom of Religion (Articles
25 – 28)
This indicates the secular nature of Indian
polity. There is equal respect given to all
religions. There is freedom of conscience,
profession, practice and propagation of
religion. The State has no official religion.
Every person has the right to freely
practice his or her faith, establish and
maintain religious and charitable
institutions.
Read more on the Right to Freedom of
Religion in the linked article.
5. Cultural and Educational Rights
(Articles 29 – 30)
These rights protect the rights of religious,
cultural and linguistic minorities, by
facilitating them to preserve their heritage
and culture. Educational rights are for
ensuring education for everyone without
any discrimination.
Read more on Cultural and Educational
Rights in the linked article.
6. Right to Constitutional Remedies (32
– 35)
The Constitution guarantees remedies if
citizens’ fundamental rights are violated.
The government cannot infringe upon or
curb anyone’s rights. When these rights are
violated, the aggrieved party can approach
the courts. Citizens can even go directly to
the Supreme Court which can issue writs
for enforcing fundamental rights.
The salient features of the Indian
Constitution are listed and briefed
below:
1. Lengthiest Written Constitution
 Constitutions are classified into written,
like the American Constitution, or
unwritten, like the British Constitution.
 The Constitution of India has the
distinction of being the lengthiest and
detailed Constitutional document the
world has so far produced. In other
words, the Constitution of India is the
lengthiest of all the written
constitutions of the world.
 It is a very comprehensive, elaborate
and detailed document.
 The factors that contributed to the
elephantine size of the Indian
Constitution are:
o Geographical factors, that is, the
vastness of the country and its
diversity.
o Historical factors, for instance, the
influence of the Government of
India Act of 1935, which was
bulky.
o Single constitution for both the
Centre and the states.
o The dominance of legal luminaries
in the Constituent Assembly.
 The Constitution of India contains not
only the fundamental principles of
governance but also detailed
administrative provisions.
  Both justiciable and non-justiciable
rights are included in the Constitution.
2. Drawn from Various Sources
 The Constitution of India has borrowed
most of its provisions from the
constitutions of various other countries
as well as from the Government of
India Act of 1935 [About 250
provisions of the 1935 Act have been
included in the Constitution].
 Dr B R Ambedkar proudly acclaimed
that the Constitution of India has been
framed after ‘ransacking all the known
Constitutions of the world’.
 The structural part of the Constitution
is, to a large extent, derived from the
Government of India Act of 1935.
 The philosophical part of the
Constitution (Fundamental Rights and
the Directive Principles of State Policy)
derive their inspiration from the
 American and Irish Constitutions
respectively.
 The political part of the Constitution
(the principle of Cabinet government
and the relations between the executive
and the legislature) have been largely
drawn from the British Constitution.
3. Blend of Rigidity and Flexibility
 Constitutions are classified
into rigid and flexible.
 A rigid constitution is one that requires
a special procedure for its amendment,
as for example, the American
Constitution.
 A flexible constitution is one that can
be amended in the same manner as the
ordinary laws are made, as for
example, the British Constitution.
 The Indian Constitution is a unique
example of the combination of rigidity
and flexibility.
  A constitution may be called rigid or
flexible on the basis of its amending
procedure.
 The Indian Constitution provides for
three types of amendments ranging
from simple to most difficult
procedures depending on the
nature of the amendment.
4. Federal System with Unitary Bias
 The Constitution of India establishes a
federal system of government.
 It contains all the usual features of a
federation, such as two governments,
division of powers, written
constitution, the supremacy of the
constitution, the rigidity of the
Constitution, independent judiciary and
bicameralism.
 However, the Indian Constitution also
contains a large number of unitary or
non-federal features, such as a strong
 Centre, single Constitution,
appointment of state governor by the
Centre, all-India services, integrated
judiciary, and so on.
5. Parliamentary Form of Government
 The Constitution of India has opted for
the British Parliamentary System of
Government rather than the American
Presidential system of government.
 The parliamentary system is based on
the principle of cooperation and
coordination between the legislative
and executive organs while the
presidential system is based on the
doctrine of separation of powers
between the two organs.
6. Synthesis of Parliamentary
Sovereignty and Judicial Supremacy
 The doctrine of the sovereignty of
Parliament is associated with the
British Parliament while the principle
 of judicial supremacy with that of the
American Supreme Court.
 Just as the Indian parliamentary
system differs from the British system,
the scope of judicial review power of
the Supreme court in India is narrower
than that of what exists in the US.
 This is because the American
Constitution provides for ‘due process
of law’ against that of ‘procedure
established by law’ contained in the
Indian Constitution (Article 21).
 Therefore, the framers of the Indian
Constitution have preferred a proper
synthesis between the British principle
of parliamentary sovereignty and the
American principle of Judicial
supremacy.
 The Supreme Court can declare the
parliamentary laws as unconstitutional
through its power of judicial review.
  The Parliament can amend the major
portion of the Constitution through its
constituent power.
7. Rule Of Law
 According to this axiom, people are
ruled by law but not by men, that is, the
basic truism that no man is infallible.
The axiom is vital to a democracy.
 More important is the meaning that law
is the sovereign in democracy.
8. Integrated and Independent Judiciary
 India has a single integrated judicial
system.
 Also, the Indian Constitution
establishes Independent Judiciary by
enabling the Indian judiciary to be free
from the influence of the executive and
the legislature.
9. Fundamental Rights
 Part III of the Indian Constitution
guarantees six fundamental rights to all
Citizens.
10. Directive Principles of State Policy
 According to Dr B R Ambedkar, the
Directive Principles of State Policy is a
‘novel feature’ of the Indian
Constitution.
 They are enumerated in Part IV of the
Constitution.
 The Directive Principles were included
in our Constitution in order to provide
social and economic justice to our
people.
 Directive Principles aim at establishing
a welfare state in India where there will
be no concentration of wealth in the
hands of a few.
Indian Constitution - Grounds of
Criticism
Not a Representative Body
The Constituent Assembly, critics contend,
was not a representative assembly since its
members were not directly elected by the
Indians using the universal adult franchise.
Not a Sovereign Body
 The critics claimed that the Constituent
Assembly was not a sovereign body
because it was created by the proposals
of the British Government. They
further claimed that the Assembly met
with the authorization of the British
government.
Dominated by the Congress
 According to the critics, the
Constituent Assembly was dominated
by the Congress party.
Dominated by the Hindus
 Few critics claimed that the Constituent
Assembly was dominated by Hindus.
A Borrowed Constitution
 Many critics believe that the Indian
Constitution contains nothing new and
original. Critics described it as a
‘borrowed Constitution’ or a ‘bag of
borrowings’ or a ‘hotch-potch
Constitution’ or a ‘patchwork’ of
several documents of the world
constitutions.
A Carbon Copy of the 1935 Act
 According to critics, the writers of the
Constitution incorporated a large
number of clauses from the
Government of India Act of 1935 into
the Indian Constitution. As a result, the
Constitution is referred to as a "Carbon
 Copy of the 1935 Act" or an "Amended
Version of the 1935 Act".
Un-Indian or Anti-Indian
 Another criticism is that the Indian
Constitution is ‘un-Indian or ‘anti-
Indian’ because it does not reflect the
political traditions and the spirit of
India.
 They said that the Constitution's
foreign nature made it unsuited for
Indian conditions or unworkable in
India.
An Un-Gandhian Constitution
 The Indian Constitution, critics claim,
is un-Gandhian because it lacks the
ideology and principles of Mahatma
Gandhi, the father of the Indian nation.
They believed that the Constitution
should have been based on village and
district panchayats.
Elephantine Size
 The Indian Constitution consisted of
about 145,000 words and 395 articles at
the time of coming into existence. This
was the world's longest constitution.
Composed between 1947 and 1950.
 The Indian Constitution, according to
critics, is overly long and complex and
contains certain unnecessary elements.
Paradise of the Lawyers
 The critics felt that the Indian
Constitution is too legalistic and very
complicated. They claimed that the
constitution's legal terminology and
phraseology make it a difficult
document to understand.
Conclusion
 However, many criticisms are unfair
and illogical. This is because the
 Constitution's framers made required
changes to characteristics adopted from
other constitutions to make them
suitable for Indian conditions while
avoiding their flaws.
 On similar grounds, all constitutions
around the world must be based on
certain basic and similar principles.
Given these considerations, all
Constitutions must have identical main
provisions.
Objectives Of The Indian
Constitution

Sovereignty

This entitles supreme, uncontrollable,

and absolute powers to the
government of our country. This is the
backbone of our Indian constitution
and protects the rights of the people.
Sovereignty can be of two types,
internal sovereignty and external
sovereignty. Internal sovereignty
entitles the states with the power to
govern themselves and makes laws in
certain cases if required. In contrast,
external sovereignty declares
government as the supreme authority
and entitles it to cede a part of any
territory if required.
Socialist
It is one of the most important parts of
the objectives of the Indian
constitution. Socialism ensures
equality among people and ensures
their welfare. The main purpose of
adding socialistic features to the Indian
constitution is to ensure fair and equal
opportunities for all concerning income
and status. Socialism expels capitalism
which is considered to be a threat to
the economy. The main motto of this
objective is to end all forms of
discrimination and exploitation of any
person based on their religion, caste,
region, or creed.
Secularism
This objective of the Indian constitution
was introduced to ensure the
maintenance of peace among different
communities. It ensures the
development and unity of various
communities and religions. Secularism
was added as a part of the Indian
constitution during the 42nd
amendment. Articles 25 to 28 of the
Indian constitution ensure freedom of
religion and prohibit any discrimination
on the ground of religion. It is one of
the aims and objectives of the salient
features of the Indian constitution, and
it was added to make clear that religion
has no place in the matters of the
state.
Democratic
By including democracy as an
objective of the Indian constitution, the
constitution entitles the citizens of India
with the power to govern. India has
adopted parliamentary democracy,
which ensures a responsible and
stable government. The ruler of the
country is elected by the people, and
the ruler is later answerable to the
people. Democracy ensures stability
and entitles the people to change their
rules as per their will and practice
universal adult franchise, i.e. One man,
one vote. Periodic conduct of elections
is practised so that people are entitled
to a right to elect their representatives.
Republic
This concept was inspired by the
constitution of France. It entitles
people to the power to elect their
representatives. The concept of a
republic lays down the foundation of
our country’s government by ensuring
that there will be no hereditary ruler,
and the elections will be held at regular
intervals of times to elect a
representative and ruler of the people.
Republic Indian is among the most
important aims and objectives of the
salient features of the Indian
constitution.
Justice and liberty
The objectives of the Indian
constitution also include social,
economic, and political justice and the
liberty to follow any religion, any job,
any work without the interference of
the state. All the citizens of India are
entitled to a basic set of fundamental
rights that ensure and protect their
interests. Freedom of expression,
thought, belief, religion, worship, and
faith are ensured to every single citizen
of the country.
Dignity
The constitution entitles every person
to live their life with dignity. The
government ensures quality life to all
its citizens under Part 4 of the
constitution. Every citizen has the right
to live a meaningful life, and no one in
any way can interfere in their way of
living.
Conclusion
The Indian constitution is set up to
ensure equal rights to everyone and to
entitle people with the power to select
their leader, practice their religion and
choose the work portfolio that they like.
The main objectives of the Indian
constitution include sovereignty,
socialism, secularism, democracy, and
republic. Apart from this, justice,
liberty, and fraternity are also a part of
the objectives of the Indian
constitution.

Fundamental Duties

The fundamental duties which were added

by the 42nd Amendment Act of the
Constitution in 1976, in addition to
creating and promoting culture, also
strengthen the hands of the legislature in
enforcing these duties vis-a-vis the
fundamental rights.
The list of 11 Fundamental Duties under
article 51-A to be obeyed by every Indian
citizen is given in the table below:
S.No 11 Fundamental Duties

1. Abide by the Indian Constitution and

respect its ideals and institutions, the
National Flag and the National
 Anthem

2. Cherish and follow the noble ideals

that inspired the national struggle for
freedom

3. Uphold and protect the sovereignty,

unity and integrity of India

4. Defend the country and render

national service when called upon to
do so

5. 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

6. Value and preserve the rich heritage

 of the country’s composite culture

7. Protect and improve the natural

environment including forests, lakes,
rivers and wildlife and to have
compassion for living creatures

8. Develop scientific temper,

humanism and the spirit of inquiry
and reform

9. Safeguard public property and to

abjure violence

10. Strive towards excellence in all

spheres of individual and collective
activity so that the nation constantly
rises to higher levels of endeavour
and achievement

11. Provide opportunities for education

to his child or ward between the age
 of six and fourteen years. This duty
was added by the 86th
Constitutional Amendment Act,
2002
The Fundamental Duties form an
important topic for IAS Prelims as can be
seen from the past year question papers.
Aspirants preparing for UPSC 2023 are
advised to cover the topic with all facts
and figures. The topic once understood can
fetch you a great score in prelims and
mains both.
Importance of Fundamental Duties-
Part IV-A
Fundamental Duties are an inalienable part
of fundamental rights. The importance of
these are given in the table below:
S.No Importance of Fundamental Duties

1. They remind Indian Citizens of their duty

 towards their society, fellow citizens and
the nation

2. They warn citizens against anti-national

and anti-social activities

3. They inspire citizens & promote a sense

of discipline and commitment among
them

4. They help the courts in examining and

determining the constitutional validity of
a law
Module 2:
Union Government
President:
Who is President of India?
The Indian President is the head of the
state. He is the first citizen of India and is a
symbol of solidarity, unity, and integrity of
the nation. He is a part of Union
Executive along with the Vice-
President, Prime Minister, Council of
Ministers, and Attorney-General of
India.
How is President elected?
There is no direct election for the Indian
President. An electoral college elects him.
The electoral college responsible for
President’s elections comprises elected
members of:
1. Lok Sabha and Rajya Sabha
2. Legislative Assemblies of the states
(Legislative Councils have no role)
3. Legislative Assemblies of the
Union Territories of Delhi and
Puducherry
The following group of people is not
involved in electing the President of India:
1. Nominated Members of Rajya
Sabha (12)
 2. Nominated Members of State
Legislative Assemblies
3. Members of Legislative Councils
(Both elected and nominated) in
bicameral legislatures
4. Nominated Members of union
territories of Delhi and Puducherry
What is the term of the President’s
office?
Once President is elected, he holds office
for five years. He sits in the office even
after the completion of five years given no
new election has taken place or no new
President has been elected till then. He can
also be re-elected and there is no cap on
his re-election.
What are the qualifications of the
President?
A candidate has to meet some
qualifications to be elected as the
president. Those qualifications of the
President are:
1. He should be an Indian Citizen
2. His age should be a minimum of 35
years
3. He should qualify the conditions to
be elected as a member of the Lok
Sabha
4. He should not hold any office of
profit under the central government,
state government, or any public
authority
What are the conditions of the
President’s office?
There are a few conditions for the
candidate running for the President’s
elections:
1. He cannot be a member of Lok
Sabha and Rajya Sabha. If he has been
a member of either of the house, he
 should vacate the seat on his first day
as President in the office
2. He should not hold any office of
profit
3. For his residence, Rashtrapati
Bhavan is provided to him without the
payment of rent
4. Parliament decides his emoluments,
allowances and privileges
5. Parliament cannot diminish his
emoluments and allowances during his
term of office
6. He is given immunity from any
criminal proceedings, even in respect
of his personal acts
7. Arrest or imprisonment of the
President cannot take place. Only civil
proceedings can be initiated for his
personal acts that too after giving two
months’ of prior notice.
What is the procedure for impeachment of
a President?
The only condition for the initiation of
impeachment of the Indian president is the
‘violation of the constitution.’
Note: Indian Constitution contains no
definition of ‘violation of the constitution.’
The impeachment process of President is
given below. (We have taken Lok Sabha as
the first house to initiate the impeachment
charges, however, Rajya Sabha too can
initiate the impeachment charges against
President and in that case, it will pass the
resolution and send the charges to Lok
Sabha which will investigate and pass it if
it finds those charges valid.)
Can the President’s office be vacant?
Yes, his office can be vacant in the
following ways:
1. When the President of India
completes his term of five years in the
office
2. If the President resigns by putting
forward his resignation to the Vice-
President of India
 3. If Lok Sabha/Rajya Sabha initiates
an impeachment charge and they stand
valid, he is removed
4. If he dies in the office
5. If the Supreme Court declares his
election invalid
Note: Vice-President discharges the duties
as President; if the latter’s office falls
vacant in the circumstances mentioned
above, except by the expiry of the term. As
per the President’s Act 1969; if the Vice-
President office is vacant too, Chief Justice
of India (CJI) (or in his absence); Supreme
Court’s senior-most judge, discharge the
functions of the President (till new
President is elected.)
What are the powers and functions of the
President of India?
Executive Powers of President
1. For every executive action that the
Indian government takes, is to be taken
in his name
2. He may/may not make rules to
simplify the transaction of business of
the central government
3. He appoints the attorney general of
India and determines his remuneration
4. He appoints the following people:
1. Comptroller and Auditor
General of India (CAG)
2. Chief Election Commissioner
and other Election Commissioners
3. Chairman and members of the
Union Public Service Commission
4. State Governors
5. Finance Commission of
India chairman and members
5. He seeks administrative information
from the Union government
6. He requires PM to submit, for
consideration of the council of
ministers, any matter on which a
decision has been taken by a minister
but, which has not been considered by
the council
7. He appoints National Commissions
of:
1. Scheduled Castes (Read
about National Commission for
Scheduled Castes in the linked
article.)
2. Scheduled Tribes Read about
(National Commission for
Scheduled Tribes in the linked
article.)
3. Other Backward Classes (Read
about National Commission for
Backward Classes in the linked
article.)
8. He appoints inter-state council
9. He appoints administrators of union
territories
 10. He can declare any area as a
scheduled area and has powers with
respect to the administration of
scheduled areas and tribal areas
Legislative Powers of President
1. He summons or prorogues
Parliament and dissolve the Lok Sabha
2. He summons a joint sitting of Lok
Sabha and Rajya Sabha in case of
deadlock
3. He addresses the Indian Parliament
at the commencement of the first
session after every general election
4. He appoints speaker, deputy
speaker of Lok Sabha, and
chairman/deputy chairman of Rajya
Sabha when the seats fall vacant (to
know the difference between Lok
Sabha and Rajya Sabha check the
linked article.)
5. He nominates 12 members of the
Rajya Sabha
 6. He can nominate two members to
the Lok Sabha from the Anglo-Indian
Community
7. He consults the Election
Commission of India on questions of
disqualifications of MPs.
8. He recommends/ permits the
introduction of certain types of bills (to
read on how a bill is passed in the
Indian Parliament, check the linked
article.)
9. He promulgates ordinances
10. He lays the following reports before
the Parliament:
1. Comptroller and Auditor
General
2. Union Public Service
Commission
3. Finance Commission, etc.
Financial Powers of President
1. To introduce the money bill, his
prior recommendation is a must
 2. He causes Union Budget to be laid
before the Parliament
3. To make a demand for grants, his
recommendation is a pre-requisite
4. Contingency Fund of India is under
his control
5. He constitutes the Finance
Commission every five years
Judicial Powers of President
1. Appointment of Chief Justice and
Supreme Court/High Court Judges are
on him
2. He takes advice from the Supreme
Court, however, the advice is not
binding on him
3. He has pardoning power: Under
article 72, he has been conferred with
power to grant pardon against
punishment for an offence against
union law, punishment by a martial
court, or death sentence.
Note: Pardoning powers of the president
includes the following types:
 Pardon with the grant of pardon
convicts both conviction and sentence
completely absolved
 Commutation with this nature of the
punishment of the convict can be
changed
 Remission reduces the term of the
imprisonment
 Respite awards lesser punishment than
original punishment by looking at the
special condition of a convict
 Reprieve stays the execution of the
awarded sentence for a temporary
period
Diplomatic Powers of President
1. International Treaties and
agreements that are approved by the
Parliament are negotiated and
concluded in his name
 2. He is the representative of India in
international forums and affairs
Military Powers of President
He is the commander of the defence forces
of India. He appoints:
1. Chief of the Army
2. Chief of the Navy
3. Chief of the Air Force

Emergency Powers of President

He deals with three types of emergencies
given in the Indian Constitution:
1. National Emergency (Article 352)
2. President’s Rule (Article 356 &
365)
3. Financial Emergency (Article 360)
What is the Ordinance Making Power of
the President?
Article 123 deals with the ordinance
making power of the President. The
President has many legislative powers and
this power is one of them. He promulgates
an ordinance on the recommendation of
the union cabinet. To read more
on Ordinance Making Power of the
President, check the linked article.
What is the Veto Power of the
President?
When a bill is introduced in the
Parliament, Parliament can pass the bill
and before the bill becomes an act, it has to
be presented to the Indian President for his
approval. It is on the President of India to
either reject the bill, return the bill or
withhold his assent to the bill. The choice
of the President over the bill is called his
veto power. The Veto Power of the
President of India is guided by Article 111
of the Indian Constitution.

Who is called a Chief Minister?

He is the head of the state government.
While the governor is the nominal
executive of the state government, the
person who becomes the chief minister is
the real executive of the government. The
real executive is called ‘de facto’ executive
that means, ‘in fact, whether by right or
not.’
How is a Chief Minister appointed?
Just like the Prime Minister, provisions of
whose appointment are not mentioned in
the Indian Constitution, Chief Minister’s
appointment particulars are not mentioned
in the Constitution. According to Article
164 in the Indian Constitution, Governor
appoints Chief Minister. However, the
Governor cannot appoint any random
person as the Chief Minister but has to
follow a provision.
A leader of the party that has got the
majority share of votes in the assembly
elections, is appointed as the Chief
Minister of the state.
What is the term of Chief Minister’s
office?
Aspirants should clearly understand that
the term of Chief Minister is not
fixed and he holds his office during the
pleasure of the governor.
Note:
 Governor cannot remove him any time.
 Governor cannot even dismiss him till
the time he enjoys the support of the
majority of the house.
 When CM loses his majority support,
he has to resign and Governor
dismisses him then.
What is the main function of the Chief
Minister?
The CM of the state performs functions in
relation to the different categories of
people:
In relation to the Council of Ministers
The Chief Minister is the head of state
council of ministers. He performs the
following functions:
1. He recommends to the governor on
who to appoint as ministers
2. He designates or reshuffles the
portfolios of the ministers
3. He can ask a minister to resign
4. Meeting of the council of ministers
is headed by him
5. All activities of the ministers are
guided and controlled by the Chief
Minister
6. If he resigns, the entire council of
ministers collapses.
 In relation to the Governor:
In relation to the governor, the Chief
Minister performs the following functions:
1. All the activities, decisions that are
taken up by the council of ministers are
communicated to the governor by the
chief minister
2. To report to the governor,
information about the administrative
affairs if and when asked by the
governor
3. If any minister has decided on any
issue, the same has to be reported to the
Governor by the Chief Minister when
the same has not been considered by
the council.
4. He gives his advice to the governor
for the appointment of the following
persons:
1. Advocate-General
2. Chairman of state public service
commission
 3. The state election commission,
etc.

In relation to the State Legislature:

He is the leader of the house and holding
this position, he performs the following
functions:
1. Before a governor prorogues and
summons the sessions of the state
legislature, the Chief Minister’s advice
is a must
2. Legislative Assembly can be
dissolved at any time on his
recommendation to the governor
3. All government policies are
announced by him on the floor of the
house.
Other than that, he also performs the
following functions:
1. He chairs the State Planning Board
 2. He is a vice-chairperson of the
concerned zonal council by rotation,
holding that office for a period of one
year at a time
3. He is a member of Inter-State
Council and National Development
Council which are headed by the Prime
Minister.
Who are State Council of Ministers
State Council of Ministers is similar to
Central Council of Ministers. The state
council is headed by the Chief Minister.
The council comprises ministers appointed
by the governor on the recommendation of
the CM.
How are the Council of Ministers
appointed?
They are appointed by the governor on the
advice of the CM. Governor also appoints
a tribal affairs minister for the following
states:
 1. Chhattisgarh
2. Jharkhand
3. Madhya Pradesh
4. Odisha
Composition of Council of Ministers
The size of the council is not mentioned in
the Indian Constitution. Chief Minister
decides the size and the rank of the
ministers as per the requirement in the
State Legislature.
There are three categories of Council of
Ministers:
1. Cabinet Ministers
2. Ministers of State
3. Deputy Ministers
What are the exceptions to the Right to
Equality?
The exceptions to the Right to Equality
include Article 361, Article 361(A),
Article 105, Article 194, and Article 31(c)
of the Indian Constitution.
Exceptions In Right To Equality
The following exception to the ‘equality
before law’ in the Constitution of India is –
(1) The President or the Governor of the
State shall not be liable in any court for the
exercise of the powers and duties of his
office.
(2) No criminal processor shall be the start
or continued against the President or the
Governor of a State in any court during his
tenure.
(3) Before or after assuming his office as
President or Governor of a State, there
may be civil proceedings but two months
before the opposing party has to give
notice, in writing describing of the name,
address, and dispute. (Article 361)
(4) No member of Parliament or State
Legislature is obliged to appear before the
court in any case of criminal or civil while
the session is going on. (Article 361-A)
(5) No member of Parliament or State
Legislature is answerable to any court for
the speeches, opinion or vote given in the
House. (Articles 105 and 194)
(6) Article 31(C) is the exception,
according to this, by following the
Directive Principles State Policy, if a law
is made under Article 39 which violates
Article 14, it will be valid.
(7) If the foreign sovereigns (rulers),
diplomates, and ambassadors done
criminal or civil crime then the state will
not act on them by using equal proceeding.
There are globally accepted laws and
processes for that.
(8) As the same mentions above, the
United Nations Organization and its
agencies also enjoy diplomatic immunity.
Who is a Governor?
Governor is a nominal executive head of
the state. He forms an important part of the
state executive where he acts as the chief
executive head. Central Government
nominates the governor for each state.
How is a Governor Appointed?
The Indian President appoints Governor
for each state by warrant under his hand
and seal. Central Government is
responsible to nominate the governor for
each state.
What is the term of the Governor’s
office?
Since the Governor holds the office under
the pleasure of the President, his office has
no fixed term. President can remove the
Governor and the grounds upon which he
may be removed are not laid down in the
constitution.
Governor may also get transferred from
one state to another by the President. He
also can be reappointed.
Who is qualified to become a Governor?
Unlike Lok Sabha or Rajya Sabha
members or even in the case of Prime
Minister or President who have a set of
qualifications to meet to hold the office;
Governor has to meet only two
qualifications:
1. He should be an Indian Citizen
2. He should be 35 years old or more
Note: There are two conventions that the
government follows before nominating a
person as a Governor:
1. That person is not appointed as the
governor who belongs to the state. He
 shall be an outsider having no relation
with the state he is being appointed to.
2. Consultation of the Chief
Minister is taken by the President
before appointing a governor
It should also be noted that both the above
conventions are not absolute and have
been ignored by the union government in
many instances.

What are the powers and functions of 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.
2. How an order that has been taken
up his name is to be authenticated, the
 rules for the same can be specified by
the Governor.
3. He may/may not make rules to
simplify the transaction of the business
of the state government.
4. Chief Ministers and other ministers
of the states are appointed by him.
5. It is his responsibility to appoint
Tribal Welfare Minister in the states of:
1. Chattisgarh
2. Jharkhand
3. Madhya Pradesh
4. Odisha
6. He appoints the advocate general of
states and determines their
remuneration
7. 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
 8. He seeks information from the state
government
9. A constitutional emergency in the
state is recommended to the President
by him.
10. 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
4. 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
5. 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
6. As President nominates 2 members
in the Lok Sabha, Governor nominates
1 member in state legislative assembly
from Anglo-Indian Community.
7. He can consult Election
Commission for the disqualification of
members
8. 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.)
Similar Topic: How a bill is passed in the
Indian Parliament
Note: Governor can reserve the bill for the
President’s consideration in the following
cases:
 When provisions mentioned in the bill
violates the constitution (Ultra-Vires)
 When provisions mentioned in the bill
oppose Directive Principles of State
Policy
  When provisions mentioned in the bill
hinders the larger interests of the
country
 When provisions mentioned in the bill
concern the national importance
 When provisions mentioned in the bill
mention the acquisition of property that
is dealt with Article 31A in the
constitution. (Read more
about important articles in the Indian
Constitution in the linked article.)
Also,
1. An ordinance can be promulgated
by him when either the Legislative
Assembly or Council
(Unicameral/Bicameral) are not in
session. (Read the Ordinance Making
Power of President & Governor in the
linked article.)
2. The following reports are laid by
him:
1. State Finance Commission
 2. State Public Service
Commission
3. Comptroller and Auditor
General (Concerning the state
finance)
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
3. He recommends for the demand for
grants which otherwise cannot be given
4. Contingency Fund of State is under
him and he makes advances out that to
meet unforeseen expenditure.
(Download the notes on the types of
funds in India from the linked article.)
5. State Finance Commission is
constituted every five years by him.
 (Read about the Finance Commission
of India in the linked article.)
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
2. President consults the Governor
while appointing judges of High Court.
3. In consultation with the state High
Court, Governor makes appointments,
postings, and promotions of the district
judges.
4. In consultation with the state high
court and state public service
commission, he also appoints persons
to the judicial services.
Module 3:
Supreme Court
 The Supreme Court, as its name
suggests, is the highest judicial
authority in India, with
its headquarters in New Delhi.
 The Supreme Court shall sit in Delhi or
in such other places or places, as the
Chief Justice of India may, with the
approval of the President, from time to
time, appoint.
 Under the Indian Constitution, it is the
highest court of redress and the
ultimate court of appeal.
 It has more power than a state's High
Court.
 The Supreme Court's laws and
orders are binding on all Indian
courts and tribunals.
 The Supreme Court has a maximum of
31 judges, including one chief justice
and 30 other judges.
  The president of India appoints all
Supreme Court judges based on
predetermined criteria.
High court
 The state or union territory's highest
judicial body is the High Court.
 Its jurisdiction is limited to a single
state, a union territory, or two or
more states or union territories at
times.
 It has appellate jurisdiction, original
jurisdiction, and the power to issue
writs, orders, and directories, among
other things.
 A high court consists of one chief
justice and several other judges, all
of whom are selected by the
President of India
following consultation with the Chief
Justice of India and the Governor of
the State.
  A high court's decision is not binding
on other Indian high courts, including
lower courts that are not under its
jurisdiction.
Difference between Supreme Court and
High Court

Supreme court High court

 The High Court is

 The Supreme the highest level
Court, which is led of judicial
by the Chief authority in a
Justice of India, is state's
the country's administration.
highest court of The Chief Justice
justice. of the State is in
charge of it.

 All of the country's  The High Court is

legal courts and in supervision of
 tribunals are all courts that fall
supervised by the under its
Supreme Court. jurisdiction.

 Article 214 to 231

 Article 124 to 147
of part six of the
in part five of the
constitution deals
constitution deal
with the
with the
organization,
organisation,
independence,
independence,
jurisdiction,
jurisdiction,
powers,
powers, procedures
procedures and so
and so on.
on.

 According to the  The President, in

Indian consultation with
Constitution, every the Chief Justice
Supreme Court of India and the
Judge must be Governor of the
appointed by the state, appoints the
 President through a
warrant signed by
him and sealed
after consultation judges of the
with the Supreme High Court.
Court and High
Court as he deems
necessary.

 A Supreme Court  A high Court

judge retires at the judge retires at
age of 65 the age of 62

Qualifications of Qualifications of a
supreme court judge high court judge
 He should be a  He should be a
citizen of India. citizen of India.
 He should have  He should have
been a judge of a held a judicial
high court for 5 office in the
 years, he should be
an advocate of a territory of India
high court for 10 for ten years or he
years, he should be should have been
a distinguished an advocate of
jurist in the high court for 10
opinion of the years
president

 Judges from the

High Courts can
 The Supreme
be transferred to
Court judges are
other high courts.
not able to be
They can advance
promoted or
to the position of
transferred.
Supreme Court
Judge.

 After retirement,  A High Court

Supreme Court judge cannot
judges are unable practise during
 his or her tenure,
but they can do so
after the tenure in
to practise. During any High Court or
their tenure, they Supreme Court.
are also restricted.  He is unable to
practise law in
courts lower than
the High Court.

 The Supreme  There is a Chief

Court of India is Justice and
now made up of 31 numerous other
judges ( Including judges on each
the Chief Justice High Court.
and 30 other  The President of
judges). India determines
 The Supreme the number of
Court (Number of judges to be
Judges) has made appointed.
provisions for the
 appointment of
four more judges.
 It grew from 31 to
34 members,
including the Chief
Justice of India.

 Article 226 of the

 Article 32 is the constitution
writ jurisdiction of empowers a high
the supreme court court to issue
writs.

 The supreme court  The high court is

is empowered to empowered to
issues writs issue writs
including habeas including habeas
corpus, mandamus, corpus,
prohibition, quo mandamus,
warranto and prohibition, quo
certiorari for the warranto and
 certiorari for the
enforcement of
the fundamental
rights and for any
ordinary legal
enforcement of the
rights.
fundamental rights
 The writ
jurisdiction of
high court is
wider than
supreme court

 Judicial review is  The 42th

the power of the amendment act
supreme court to 1978 curtailed the
examine the judicial review
constitutionality of power of the high
legislative court.
enactments and  It debarred the
executive orders of high court from
both central and considering the
 constitutional
validity of any
central law.
 The 43rd
state governments.
amendment act of
1977 restored the
original position
of judicial review.

 The Supreme
Court is not bound  The Supreme
to follow the High Court's decision is
Courts' or any binding on the
other court's High Courts.
decisions.

Conclusion
Conclusion
The Indian Constitution established the
Supreme Court and the High Court as
judicial organizations. The Supreme Court
of India is the highest court in India and
the final court of appeal. At the state or
union territory level, the High Court is the
primary judicial body. The courts play a
critical role in upholding the constitution
and issuing judgments or verdicts in civil
and criminal matters.