Constitution Of India

EMERGENCY is defined as a situation, which is not normal, which calls for

immediate remedial action or remedy.
The Indian Constitution gives President the authority to declare three types of
emergencies: National Emergency, State Emergency and Financial
Emergency. Emergency provisions in India are borrowed from the Weimar
Constitution of Germany. Constitution of India envisages emergency of
following three types:

 Article 352- National Emergency

 Article 356-Emergency in state ( president’s rule)
 Article 360- Financial Emergency

Emergency Provisions
1. Article 352: Proclamation of Emergency.
2. Article 353: Effect of Proclamation of Emergency.
3. Article 354: Application of provisions relating to the distribution of revenues
while a proclamation of emergency is in operation.
4. Article 355: Duty of the Union to protect States against external aggression
and internal disturbance.
5. Article 356: Provisions in case of failure of constitutional machinery in State.
6. Article 357: Exercise of legislative powers under Proclamation issued under
Article 356.
7. Article 358: Suspension of provisions of article 19 during Emergencies.
8. Article 359: Suspension of the enforcement of the rights conferred by Part
III during emergencies.
9. Article 360: Provisions as to Financial Emergency.
 Difference between the National Emergency and President’s Rule

National Emergency (Article 352) President’s Rule (Article 356)

National Emergency is proclaimed under State Emergency is proclaimed under Article 356
Article 352 on the ground of war, external when the State Government cannot be carried
aggression and armed rebellion. out according to the Constitutional provisions.

State Executive and legislature perform State Executive powers get vested in the Central.
their power as mentioned in List II of Governor works in the state on the advice of the
Schedule VII. Concurrent List power vests President. State Legislative Assembly is
in the Central Government. dissolved or suspended.

The Proclamation may be continued for an The maximum period up to which State
indefinite time as no maximum period is Emergency may continue is three years after
prescribed but it is subject to renew every which it will cease but it may be further continued
six months. after the Constitutional Amendment.

Fundamental Rights are suspended during There is no effect on the Fundamental Rights of
National Emergency except Article 20 & 21. the people of the State.

Resolution for the continuation of the

Resolution can be passed with a simple majority
proclamation of emergency must be passed
in the Parliament.
with a special majority.

The resolution for the revocation of the

Resolution for revocation of the proclamation can
proclamation can be passed by Lok
be passed by President in his discretion.
Sabha.

During this emergency, the Centre’s

Centre’s relation undergoes a modification only
relation undergoes a modification with all
with the state under the President’s Rule.
the States.

Government of India Act of 1935 marked the second milestone towards a

completely responsible government in India. It ended Diarchy and provided
the establishment of All India Federation. This act served some useful
purposes by the experiment of provincial autonomy, thus we can say that the
Government of India Act 1935 marks a point of no return in the history of
constitutional development in India.

Features of the Act

 It provided for the establishment of an All-India Federation consisting of

provinces and princely states as units. The Act divided the powers
between the Centre and units in terms of three lists—Federal List (for
Centre, with 59 items), Provincial List (for provinces, with 54 items) and
the Concurrent List (for both, with 36 items). Residuary powers were
given to the Viceroy. However, the federation never came into being as
the princely states did not join it.
 It abolished dyarchy in the provinces and introduced ‘provincial
autonomy’ in its place. The provinces were allowed to act as
autonomous units of administration in their defined spheres.
 It provided for the adoption of diarchy at the Centre. Consequently, the
federal subjects were divided into reserved subjects and transferred
subjects. However, this provision of the Act did not come into operation
at all.
 It introduced bicameralism in six out of eleven provinces. Thus, the
legislatures of Bengal, Bombay, Madras, Bihar, Assam and the United
Provinces were made bicameral consisting of a legislative council
(upper house) and a legislative assembly (lower house). However,
many restrictions were placed on them.
 It further extended the principle of communal representation by
providing separate electorates for depressed classes (scheduled
castes), women and labour (workers).
 It abolished the Council of India, established by the Government of India
Act of 1858. The secretary of state for India was provided with a team of
advisors.
 It extended franchise. About 10 per cent of the total population got the
voting right.
  It provided for the establishment of a Reserve Bank of India to control
the currency and credit of the country.
 It provided for the establishment of not only a Federal Public Service
Commission but also a Provincial Public Service Commission and Joint
Public Service Commission for two or more provinces.
 It provided for the establishment of a Federal Court, which was set up in
1937.
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)

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
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 practice any profession
 Freedom to reside in any part of the country

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.
4. Right to Freedom to follow any 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.
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.
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.

India is a union of states. The constitution of India has divided the legislative,
executive and financial powers between the centre and the states, which gives
the constitution a federal character whereas the judiciary is integrated into a
hierarchical structure.
The centre-state relations are divided into three parts, which are mentioned
below:

(A) Legislative Relations (Article 245-255)

Articles 245 to 255 in Part XI deals with different aspects of legislative
relations between centre and states. These include:

(1) Territorial jurisdiction of laws made by the Parliament and by the

Legislatures of States.
(2) Distribution of legislative subjects
(3) Power of the parliament to legislate with respect to a matter in the State
List
(4) Centre's control state legislation
However, Seventh Schedule of the Constitution provides for the distribution of
legislative powers between the centre and the states. The legislative subjects
are divided into List I (the Union List), List II (the Concurrent List) and List III
(the State List).

(B) Administrative Relations (Article 256-263)

Article 256 to 263 deals with the administrative relations between the centre
and the states. Article 256 states that "the executive power of every State
shall be so exercised as to ensure compliance with the laws made by the
parliament and any existing laws which apply in that State, and the executive
power of the Union shall extend to the giving of such directions to a State as
may appear to the Government of India to be necessary for that purpose".
Cooperation Between the Centre and the States Centre-State Relations
during Emergency.

(C) Financial Relations (Article 268-293)

The Constitution deals with the centre-state financial relations in Article 268-
293 of Part XII.
Allocation of taxing powers
The Constitution has provided the union government and the state
governments with the independent sources of revenue. It allocates the powers
to centre and the states in the following way:
(i) The parliament has exclusive power to levy taxes on the subjects
mentioned in the Union List.
(ii) The state legislatures have exclusive power to levy taxes on the subjects
mentioned in the State List.
(iii) Both the parliament and the state legislature are empowered to levy taxes
on the subjects mentioned in the Concurrent List.
(iv) The parliament has exclusive power to levy taxes on the matters related to
the residuary subjects.

Indian Independence Act 1947/ Lord Mountbatten Plan

On June 3, 1947, Lord Mountbatten put forward his plan which outlined the
steps for the solution of India’s political problem. The main purpose of the
Mountbatten Plan was the partition of India and the speedy transfer of
responsibility, initially in the form of Dominion Status.

 India to be divided into India and Pakistan, two independent dominions.

 There would be a separate constituent assembly for Pakistan to frame
its constitution.
 The Princely states would enjoy the liberty to join either India or
Pakistan or ever remain independent.
 August 15, 1947, was date fixed for handling over power to India and
Pakistan.
 The Act proclaimed lapse of British power over Indian States.
The list of 11 Fundamental Duties under article 51-A to be obeyed by every
Indian citizen is given below:

 Abide by the Indian Constitution and respect its ideals and institutions,
the National Flag and the National Anthem.
 Cherish and follow the noble ideals that inspired the national struggle
for freedom
 Uphold and protect the sovereignty, unity and integrity of India.
 Defend the country and render national service when called upon to do
so.
 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.
 Value and preserve the rich heritage of the country’s composite culture
 Protect and improve the natural environment including forests, lakes,
rivers and wildlife and to have compassion for living creatures
 Develop scientific temper, humanism and the spirit of inquiry and reform
 Safeguard public property and to abjure violence
 Strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour
and achievement.
 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.
 Local self-government implies the transference of the power to rule, to
the lowest rungs of political order. It is a form of democratic
decentralization where the participation of even the grassroot level of
the society is ensured in the process of administration.
 Local government in India refers to governmental jurisdictions below the
level of the state.
 India is a federal republic with three spheres of government: central,
state and local. The 73rd and 74th constitutional amendments give
recognition and protection to local governments and in addition, each
state has its own local government legislation.
 The foundation of present local self-government was laid by The
Panchayati Raj System (1992).
 Since 1992, local government in India takes place in two very distinct
forms. Urban localities, covered in the 74th amendment to the
Constitution, have Municipal Corporations but derive their powers from
the individual state governments, while the powers of rural localities
have been formalized under the Panchayati Raj System, under the 73rd
amendment to the Constitution.
  The local self-government started at village and district levels after 73rd
and 74th amendments in 1993, it comprises of Gram Panchayats,
Mandals, or Taluka Panchayats and Zila Panchayats in Panchayati Raj
Institutions. At urban levels, there are Nagar Panchayats , Municipal
Councils and municipal corporations.
 The main aim of the Local Self government was to involve the grassroot
level of population in decision making. Local bodies were also to serve
the purpose of the participation of people and training in politics.
Three important Constitutional Amendments.

1. Abolition of states according to classes and the introduction of

Union Territories and reorganisation of states by language (1956)
This was one of the first significant reforms of the boundaries of Indian states
and territories, organising them by the language spoken in those areas. This
systematically arranged the states and lowered the complexity of state
boundaries. Apart from this, it also abolished the classification of states by
progress and per-capita income of the states.
2. The mini-constitution (42nd amendment) inserted Socialism and
Secularism in the preamble, a provision on fundamental (1976):
Secularism and socialism were inserted to restore the faith of the nation that
minorities would be safe and not be exploited by the rich strata. Also, the rich
would not be allowed to dominate the country’s economy. The main reason to
add socialism was to promote social as well as economic equality in the
country. Similarly, the main reason to add secularism was to imply that there
was no official state religion of the country.
3. Right to Property deleted from the list of fundamental rights
(1978):
The fundamental right to property in India was removed to permit the
reorganisation of land and to facilitate land acquisition for developmental
projects. This was carried out by the Indian government at that time since it
was not affluent enough to pay people whatever they demanded their land.
 Power of the Parliament under Article 368 to Amend the
Constitution.

Article 368 of the Indian Constitution provides the procedure of Amendment.

Indian Constitution is neither rigid nor flexible because under Article 368 the
Constitution can be amended by a simple majority or by the special majority
and by the majority of not less than 2/3 members of each house. Indian
Constitution is both rigid as well as flexible i.e. it is difficult to amend but
practically flexible. As per Article 368 of the Indian Constitution, an
amendment can be introduced in either of the houses, later it can be passed
by a special majority or by a simple majority. Later if the bill is passed by the
majority, it will be sent to the President for his assent

Every written constitution in the world has its own unique characteristics, and
no exception is the Indian Constitution. But the Indian Constitution has many
prominent features that distinguish it from the other Constitutions.
1. Longest written Constitution
The Indian constitution is the world's longest for a sovereign nation. At its
enactment, it had 395 articles in 22 parts and 8 schedules. For example, the
UK has no written constitution, while the US Constitution contains only seven
articles.
2. Taken from various sources
The Indian Constitution was framed from multiple sources including the 1935
Government of India Act and Other Countries Constitutions.
3. Partly 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, on the other hand, is one that can be amended in the
same manner as the ordinary laws are made, as for example, the British
Constitution.
The Constitution of India is neither rigid nor flexible but a synthesis of both
4. Parliamentary System of Govt.
The parliamentary system is based on the principle of cooperation and
coordination between the legislative and executive organs
The Constitution establishes the parliamentary system not only at the Centre
but also in the states.
5. A Federation
Federal System with Unitar, The Indian Constitution includes all the federal
characteristics of governance such as dual government system (centre and
state), division of powers between the three state organs (executive, judiciary
and legislature), constitutional supremacy, independent judiciary and
bicameralism (lower and upper house)
6. Fundamental Rights
Part III of the Indian Constitution guarantees six fundamental rights to all the
citizens:
(a) Right to Equality (Articles 14–18),
(b) Right to Freedom (Articles 19–22),
(c) Right against Exploitation (Articles 23–24),
(d) Right to Freedom of Religion (Articles 25–28),
(e) Cultural and Educational Rights (Articles 29–30), and
(f) Right to Constitutional Remedies (Article 32).
Directive Principles of State Policy
In Part IV of the Constitution, the Directive Principles of State Policies
(DPSPs) aims to make India a welfare state. Therefore, Dr B.R. Ambedkar
calls the Directive Principles as the Indian Constitution's novel feature. The
Principles of the Directive are inherently unjustifiable, that is, they are not
enforceable for their violation by the courts.
7. Fundamental Duties
The Part IV-A of the Constitution (which consists of only one Article—51- A)
specifies the eleven Fundamental Duties viz., to respect the Constitution,
national flag and national anthem; to protect the sovereignty, unity and
integrity of the country; to promote the spirit of common brotherhood amongst
all the people; to preserve the rich heritage of our composite culture and so on
8. Secular State
The Constitution of India stands for a secular state. It does not uphold any
particular religion as the official religion of the Indian State
9. An independent Judiciary
In India, unlike the United States where there is a two-tiered judiciary, a single
judicial system prevails with the Supreme Court at the top, the State and
District High Courts and other subordinate courts below and subject to the
supervision of the High Courts
10. Single Citizenship
Though the Indian Constitution is federal and envisages a dual polity (Centre
and states), it provides for only single citizenship, that is, the Indian
citizenship.

Structure of court in India.

District Courts: This is where most citizens go to for any dispute in their city
or region. Each state comprises many districts and has its own district or
subordinate courts. And, the entire district is presided over by the District
Judge
High Courts: Each state has its own High Court, which is most certainly the
highest judicial authority of the state.
Supreme Court: This is at the top of all state and district courts, presided by
the Chief Justice of India. Because it is the highest authority of justice for the
country, the decisions made by the Supreme Court stands above all other
courts. The Supreme Court of India is located in Mandi House, New Delhi.

Lokpal and Lokayukta act?

The Lokpal and Lokayukta Act, 2013 mandated for the establishment of
Lokpal at the Union level and Lokayukta at the State level. Lokpal and
Lokayuktas are statutory bodies and these do not have any constitutional
status. These institutions perform the function and role of an “Ombudsman”
(an official appointed to investigate individuals’ complaints against a company
or organization, especially a public authority). They inquire into allegations of
corruption against certain public bodies/organizations and for other related
matters.
The person to be appointed as the chairperson of the Lokpal must be either:

1. The former Chief Justice of India; or

2. The former Judge of the Supreme Court; or
3. An eminent person with impeccable integrity and outstanding ability,
who must possess special knowledge and a minimum experience of 25
years in matters relating to:
o Anti-corruption policy;
o Public administration;
o Vigilance;
o Finance including insurance and banking;
o Law and management.

The maximum number of members must not exceed eight. These eight
members must constitute:

 Half members to be judicial members;

 Minimum 50% of the Members should be from SC/ ST/ OBC/ minorities
and women.
The judicial member of the Lokpal must be either:

 A former Judge of the Supreme Court or;

 A former Chief Justice of the High Court.
The non-judicial member of the Lokpal needs to be an eminent person with
flawless integrity and outstanding ability. The person must possess special
knowledge and an experience of a minimum of 25 years in matters relating to:

 Anti-corruption policy;
 Public administration;
 Vigilance;
 Finance including insurance and banking;
 Law and management.

Independence of the judiciary system in India.

Judicial Independence is the concept that the judiciary should be
independent from the other branches of government. That is, courts should
not be subject to improper influence from the other branches of government or
from private or partisan interests. Judicial independence is important to the
idea of separation of powers.
Independence of the judiciary (also judicial independence) is the principle that
the judiciary should be politically insulated from the legislative and the
executive power. That is, courts should not be subject to improper influence
from the other branches of government, or from private or partisan interests.
The rule of law, and judicial independence as its essential component, is a
political achievement. All judges have a duty to take care to preserve political
and public support for the rule of law; senior judges in particular have a duty to
explain.

The powers and functions of a Governor.

Executive Powers of the Governor

Every executive action that the state government takes, is to be taken in his
name.
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.
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

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 money bill in
the state legislature
3. He recommends for the demand for grants which otherwise cannot be
given

Judicial Powers of the Governor

The following are the judicial powers and functions of the Governor:
He has the following pardoning powers against punishment:

1. Pardon
2. Reprieve
3. Respite
4. Remit
5. Commute

The major functions of Lok Sabha.

1. Legislative:
The Lok Sabha can pass bills concerning all those subjects which have been
included in the Union List and the Concurrent List. It can pass bills regarding
state subjects also in emergencies or if Rajya Sabha by a resolution passed
by majority of its total members and 2/3 of its members present and voting
declared a particular -state subject of national importance.
2. Control over the Executive:
In a Parliamentary form of government, the most important function of a lower
House is “Control over the Executive”. The lower House of our Parliament is
not an exception. According to Article 75(3), the Council of Ministers is
collectively responsible to the Lok Sabha. This means, the ministry must
tender resignation if a vote of non-confidence is passed against it by the Lok
Sabha.
3. Electoral Function:
Article 54 of the Constitution vests electoral functions with the Parliament. The
elected members of both the Houses of Parliament constitute a part of the
Electoral College for the election of President. Article 66 provides for the
election of the Vice-President by the members of both the Houses of
Parliament at a joint session. The Lok Sabha elects its speaker as well.
4. Financial:
The Lok Sabha’s control over purse is an undisputed fact. A money bill must
be initiated in the Lok Sabha. When passed by the Lok Sabha, it is to be
transmitted to the Rajya Sabha for its recommendations. The Constitution,
however, requires the Rajya Sabha to return it to the Lok Sabha with its
recommendations within 14 days from the date of receipt of the bill.
5. Discussions on Questions of Public Importance:
The Parliament possesses unlimited power of discussing and debating
questions. This is done usually on the occasion of the inaugural and annual
address by the President of India. It is empowered to review and criticize the
work of the different departments of state during the discussion on the
estimates of expenditure, the appropriation and revenue bills. Through such
criticism and review, the members of House can get their grievances
redressed.

Judicial activism is the judicial philosophy that the courts can and should
go beyond the words of the constitution or a statute to consider broader
societal
implications of its decisions.
It is sometimes used as an antonym of judicial restraint.
The definition of judicial activism and the specific decisions that are activist
are controversial political issues.
The question of judicial activism is closely related to constitutional
interpretation, statutory construction, and separation of powers.
The judiciary plays an important role in upholding and promoting the rights of
citizens in a country. The active role of the judiciary in upholding the rights of
citizens and preserving the constitutional and legal system of the country is
known as judicial activism.
Significance of Judicial Activism
  It is an effective tool for upholding citizens’ rights and implementing
constitutional principles when the executive and legislature fails to do
so.
 Citizens have the judiciary as the last hope for protecting their rights
when all other doors are closed. The Indian judiciary has been
considered as the guardian and protector of the Indian Constitution.
 There are provisions in the constitution itself for the judiciary to adopt a
proactive role. Article 13 read with Articles 32 and 226 of the
Constitution provides the power of judicial review to the higher
judiciary to declare any executive, legislative or administrative action
void if it is in contravention with the Constitution.
 According to experts, the shift from locus standi to public interest
litigation made the judicial process more participatory and democratic.
 Judicial activism counters the opinion that the judiciary is a mere
spectator.

The powers and functions of members of Rajya Sabha.

Powers of members of Rajya Sabha

 Legislative Powers
 Financial Powers
 Executive Powers
 Amendment Powers
 Electoral Powers
 Judicial Powers
 Miscellaneous Powers

1. Legislative Powers:
In the sphere of ordinary law-making the Rajya Sabha enjoys equal powers
with the Lok Sabha. An ordinary bill can be introduced in the Rajya Sabha and
it cannot become a law unless passed by it. In case of a deadlock between
the two Houses of Parliament over an ordinary bill and if it remains unresolved
for six months, the President can convene a joint sitting of the two Houses for
resolving the deadlock.
2. Financial Powers:
In the financial sphere, the Rajya Sabha is a weak House. A money bill cannot
be introduced in the Rajya Sabha. It can be initiated only in the Lok Sabha. A
money bill passed by the Lok Sabha comes before the Rajya Sabha for its
consideration. However, if within a period of 14 days, the Rajya Sabha fails to
pass the bill, the bill is taken to have been passed by the Parliament
irrespective of the fact whether the Rajya Sabha has passed it or not. If the
Rajya Sabha proposes some amendments and the bill is returned to the Lok
Sabha, it depends upon the Lok Sabha to accept or reject the proposed
amendments.
3. Executive Powers:
“The Union Council of Ministers is collectively responsible before the Lok
Sabha and not the Rajya Sabha.” Lok Sabha alone can cause the fall of the
Council of Ministers by passing a vote of no-confidence.
4. Amendment Powers:
Rajya Sabha and Lok Sabha can together amend the constitution by passing
an amendment bill with 2/3 majority in each House.
5. Electoral Powers:
The Rajya Sabha has some electoral powers also. The elected members of
the Rajya Sabha along with the elected members of the Lok Sabha and all the
State Legislative Assemblies together elect the President of India. The
members of the Rajya Sabha Lok Sabha together elect the Vice- President of
India. Members of the Rajya Sabha also elect a Deputy Chairman from
amongst themselves.
6. Judicial Powers:
(a) The Rajya Sabha acting along with the Lok Sabha can impeach the
President on charges of violation of the Constitution.
(b) The Rajya Sabha can also pass a special address for causing the
removal of a judge of the Supreme Court or of any High Court.
(c) The charges against the Vice-President can be leveled only in the
Rajya Sabha.
 (d) The Rajya Sabha can pass a resolution for the removal of some high
officers like the Attorney General of India, Comptroller and Auditor
General and Chief Election Commissioner.
7. Miscellaneous Powers:
(a) Approval of the ordinances issued by the President,
(b) Ratification of an emergency proclamation,
(c) Making any change in the jurisdiction of the Supreme Court and the
High Courts, and
(d) Making any change in the qualifications for the membership of the
Lok Sabha and the Rajya Sabha.

Difference between Lok Sabha and Rajya Sabha.

Lok Sabha
House of People, where people who are qualified to vote can elect their
representative by way of direct elections. It continues for 5 years
Note: It can be dissolved earlier by passing no-confidence motion Speaker
heads the house
25 is the minimum age to become a member 552 is the strength of the house.
All bills originate in Lok Sabha mostly and after passing through Rajya Sabha,
they are returned for Lok Sabha approval. It plays a major role in legislation.
Rajya Sabha
Council of States, where the representatives are indirectly elected by the
elected representative of the Assemblies of States and Union Territories It is a
permanent body.Vice President of India as the Chairman of the house heads
the house 30 is the minimum age to become a member 250 is the strength of
the house.Rajya Sabha has special powers to protect the states’ rights against
the Union.
Comparison between Lok Sabha and Rajya Sabha
Difference Lok Sabha Rajya Sabha

What it is called? House of People Council of States

Council of States, where the

House of People, where people who
What is the representatives are indirectly
are qualified to vote can elect their
meaning of the elected by the elected
representative by way of direct
name? representative of the Assemblies of
elections
States and Union Territories

It continues for 5 years

What is the tenure
Note: It can be dissolved earlier It is a permanent body.
of the house?
by passing no-confidence motion

Who heads the Vice President of India as the

Speaker
house? Chairman of the house

What is the
minimum age to
25 years 30 years
become a
member?

What is the
strength of the 552 members 250 members
house?

All bills originate in Lok Sabha

What are the mostly and after passing through Rajya Sabha has special powers to
functions of the Rajya Sabha, they are returned for protect the states’ rights against the
house? Lok Sabha approval. It plays a Union.
major role in legislation.

Public Interest Litigation:

Public interest litigation is the use of the law to advance human rights and
equality, or raise issues of broad public concern. It helps advance the cause of
minority or disadvantaged groups or individuals.
Public interest cases may arise from both public and private law matters.
Public law concerns the various rules and regulations that govern the exercise
of power by public bodies.
Public interest litigation is most commonly used to challenge the decisions of
public authorities by judicial review.

The Council of Ministers is given to the supreme executive organ in some

governments. Councils of Ministers are usually composed of those ministers
who are responsible for a ministry, and are usually led by a President of the
Council of Ministers, a term that is usually translated as Prime Minister or
Premier.

Based on factors such as experience and seniority the Council of Ministers is

divided into the following:

 The Cabinet
 Minister of State
 Deputy Minister
 Parliamentary Secretaries

The powers and functions of CM can be classified under following heads:

With respect to council of ministers –
The following are the powers of CM with respect to state council of ministers –
1). He advises the Governor to appoint any person as a minister. It is
only according to the advice of CM the Governor appoints ministers.
2). Allocation and reshuffling of portfolios among ministers.
3). In case of difference of opinion; he can ask minister to resign.
4). Directs, guides and controls activities of all the ministers.
5). If the Chief Minister resign then full cabinet has to resign.
With Respect to Governor -
Under Article 167 of our constitution: The Chief Minister acts as a link
between Governor and state council of ministers. The functions with respect to
the Governor are as follows:
1). CM has to communicate to the Governor all the decisions of the
council of ministers relating to the administration of the states.
 2). Whenever the Governor calls for any information relating to the
decisions taken or regarding the administration, the CM has to provide
him the same
3). The Governor can ask for consideration of council of ministers when a
decision has been taken without the consideration of the cabinet.
4). CM advises Governor regarding the appointment of important officials
like Attorney General, State Public Service Commission (Chairman and
Members), State Election Commission etc.
With Respect to State Legislature –
1) All the policies are announced by him on the floor of the house.
2) He recommends dissolution of legislative assembly to the Governor.
3) He advises the Governor regarding summoning, proroguing the
sessions of State Legislative Assembly from time to time.

Other Functions:
1) At the ground level he is the authority to be in contact with the people
regularly and know about their problems so as to bring about policies on the
floor of the assembly.
2) He acts as the chairman of State Planning Commission.
3) He is the vice chairman of concerned zonal council in rotation for a period
of one year.
4) During emergencies he acts as the crisis manager in the state.

Powers and functions of Prime Minister

The Prime Minister of India is the head of the government and country. He is
appointed by the President of India after the political party wins a general
election and nominates a candidate for the post. The leader of that political
party is hence appointed as the Prime Minister of India.

Powers of Prime Minister

Prime Minister of India serves the country by performing various functions. He
performs his functions taking responsibilities that are listed below
 The leader of Country: The Prime Minister of India is the Chief Head of
the Government of India.
 Portfolio allocation: The Prime Minister has the authority to assign
respective portfolios to the Ministers.
 Chairman of the Cabinet: The Prime Minister is the chairman of the
cabinet and conducts the meetings of the Cabinet. He can impose his
decision if there is a crucial opinion difference and conflict among the
members.
 Official Representative of the country: Prime minister represents the
country for high-level international meetings and he is the ambassador
of the country.
 The link between the President and the Cabinet: The Prime Minister
acts as the link and bond between the President and cabinet. He
communicates and transmits all decisions of the Cabinet to the
President which is related to the administration of the affairs of the
Union and proposals for legislation.
 Head: The Prime Minister is the head of many organisation and
programs like Nuclear Command Authority, NITI Aayog, Appointments
Committee of the Cabinet, Department of Atomic Energy, Department of
Space and Ministry of Personnel, Public Grievances and Pensions.
 Chief Advisor: He also plays the role of chief advisor to the 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:
0. Comptroller and Auditor General of India (CAG)
1. Chief Election Commissioner and other Election Commissioners
2. Chairman and members of the Union Public Service Commission
3. State Governors
4. 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:
0. Scheduled Castes (Read about National Commission for
Scheduled Castes in the linked article.)
1. Scheduled Tribes Read about (National Commission for
Scheduled Tribes in the linked article.)
2. 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:
0. Comptroller and Auditor General
1. Union Public Service Commission
2. 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)

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:
0. Comptroller and Auditor General of India (CAG)
1. Chief Election Commissioner and other Election Commissioners
2. Chairman and members of the Union Public Service Commission
3. State Governors
4. 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:
0. Scheduled Castes (Read about National Commission for
Scheduled Castes in the linked article.)
1. Scheduled Tribes Read about (National Commission for
Scheduled Tribes in the linked article.)
2. 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:
0. Comptroller and Auditor General
1. Union Public Service Commission
2. 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)