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POLITY & GOVERNANCE

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INDEX
CHAPTER 1: BASICS OF POLITY AND CONSTITUTION---------------------------------------------------------------------- 2
CHAPTER 2: HISTORICAL UNDERPINNINGS & EVOLUTION OF INDIAN CONSTITUTION --------------------- 19
CHAPTER 3: MAKING OF THE CONSTITUTION ------------------------------------------------------------------------------ 24
CHAPTER 4: SALIENT FEATURES OF INDIAN CONSTITUTION---------------------------------------------------------- 26
CHAPTER 5: PREAMBLE OF INDIAN CONSTITUTION ---------------------------------------------------------------------- 34
CHAPTER 6: UNION AND ITS TERRITORY ------------------------------------------------------------------------------------- 38
CHAPTER 7: CITIZENSHIP----------------------------------------------------------------------------------------------------------- 41
CHAPTER 8: FUNDAMENTAL RIGHTS ------------------------------------------------------------------------------------------- 44
CHAPTER 9: FUNDAMENTAL RIGHTS PART 2 -------------------------------------------------------------------------------- 48
CHAPTER 10: DIRECTIVE PRINCIPLES OF STATE POLICY --------------------------------------------------------------- 60
CHAPTER 11: FUNDAMENTAL DUTIES ------------------------------------------------------------------------------------------ 64
CHAPTER 12: AMENDMENT OF THE CONSTITUTION ---------------------------------------------------------------------- 66
CHAPTER 13: BASIC STRUCTURE OF THE CONSTITUTION -------------------------------------------------------------- 69
CHAPTER 14: PARLIAMENTARY SYSTEM-------------------------------------------------------------------------------------- 71
CHAPTER 15: FEDERAL SYSTEM -------------------------------------------------------------------------------------------------- 74
CHAPTER 16: INTER-STATE RELATIONS --------------------------------------------------------------------------------------- 75
CHAPTER 17: EMERGENCY PROVISIONS -------------------------------------------------------------------------------------- 78
CHAPTER 18: PRESIDENT------------------------------------------------------------------------------------------------------------ 85
CHAPTER 19: VICE-PRESIDENT --------------------------------------------------------------------------------------------------- 93
CHAPTER 20: PRIME MINISTER --------------------------------------------------------------------------------------------------- 95
CHAPTER 21: CENTRAL COUNCIL OF MINISTERS -------------------------------------------------------------------------- 97
CHAPTER 22: CABINET COMMITTEES ------------------------------------------------------------------------------------------ 99
CHAPTER 23: PARLIAMENT - I --------------------------------------------------------------------------------------------------- 100
CHAPTER 24: PARLIAMENT - II -------------------------------------------------------------------------------------------------- 104
CHAPTER 25: PARLIAMENTARY COMMITTEES --------------------------------------------------------------------------- 116
CHAPTER 26: PARLIAMENTARY FORUMS ----------------------------------------------------------------------------------- 118
CHAPTER 27: PARLIAMENTARY GROUP ------------------------------------------------------------------------------------- 118
CHAPTER 28: SUPREME COURT ------------------------------------------------------------------------------------------------- 119
CHAPTER 29: JUDICIAL REVIEW ----------------------------------------------------------------------------------------------- 123
CHAPTER 30: JUDICIAL ACTIVISM AND PUBLIC INTEREST LITIGATION ---------------------------------------- 124
CHAPTER 31: GOVERNOR --------------------------------------------------------------------------------------------------------- 125
CHAPTER 32: CHIEF MINISTER-------------------------------------------------------------------------------------------------- 128
CHAPTER 33: STATE COUNCIL OF MINISTER ------------------------------------------------------------------------------ 129
CHAPTER 34: STATE LEGISLATURE ------------------------------------------------------------------------------------------- 131
CHAPTER 35: HIGH COURT ------------------------------------------------------------------------------------------------------- 135
CHAPTER 36: SUBORDINATE COURTS ---------------------------------------------------------------------------------------- 139
CHAPTER 37: CENTRE - STATE RELATIONS -------------------------------------------------------------------------------- 142

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CHAPTER 38: SPECIAL PROVISIONS FOR SOME STATES --------------------------------------------------------------- 144
CHAPTER 39: PANCHAYATI RAJ ------------------------------------------------------------------------------------------------ 146
CHAPTER 40: MUNICIPALITIES ------------------------------------------------------------------------------------------------- 150
CHAPTER 41: UNION TERRITORIES -------------------------------------------------------------------------------------------- 154
CHAPTER 42: SCHEDULED AND TRIBAL AREAS --------------------------------------------------------------------------- 156
CHAPTER 43: ELECTION COMMISSION--------------------------------------------------------------------------------------- 157
CHAPTER 44: UNION PUBLIC SERVICE COMMISSION ------------------------------------------------------------------- 159
CHAPTER 45: STATE PUBLIC SERVICE COMMISSION ------------------------------------------------------------------- 160
CHAPTER 46: FINANCE COMMISSION----------------------------------------------------------------------------------------- 161
CHAPTER 47: NATIONAL COMMISSION FOR SCS ------------------------------------------------------------------------- 162
CHAPTER 48: NATIONAL COMMISSION FOR STS-------------------------------------------------------------------------- 163
CHAPTER 49: NATIONAL COMMISSION FOR BACKWARD CLASSES ----------------------------------------------- 164
CHAPTER 50: SPECIAL OFFICER FOR LINGUISTIC MINORITIES ---------------------------------------------------- 164
CHAPTER 51: COMPTROLLER AND AUDITOR GENERAL OF INDIA ------------------------------------------------ 165
CHAPTER 52: ATTORNEY GENERAL OF INDIA ----------------------------------------------------------------------------- 167
CHAPTER 53: ADVOCATE GENERAL OF INDIA----------------------------------------------------------------------------- 168
CHAPTER 54: NITI AAYOG -------------------------------------------------------------------------------------------------------- 169
CHAPTER 55: NATIONAL HUMAN RIGHTS COMMISSION -------------------------------------------------------------- 171
CHAPTER 56: CENTRAL INFORMATION COMMISSION------------------------------------------------------------------ 173
CHAPTER 57: CENTRAL VIGILANCE COMMISSION ---------------------------------------------------------------------- 174
CHAPTER 58: CENTRAL BUREAU OF INVESTIGATION ------------------------------------------------------------------ 174
CHAPTER 59: LOKPAL AND LOKAYUKTAS ---------------------------------------------------------------------------------- 175
CHAPTER 60: CO-OPERATIVE SOCIETIES ----------------------------------------------------------------------------------- 176
CHAPTER 61: OFFICIAL LANGUAGE------------------------------------------------------------------------------------------- 177
CHAPTER 62: PUBLIC SERVICES ------------------------------------------------------------------------------------------------ 179
CHAPTER 63: TRIBUNALS --------------------------------------------------------------------------------------------------------- 180
CHAPTER 64: RIGHTS AND LIABILITIES OF GOVERNMENT----------------------------------------------------------- 181
CHAPTER 65: SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES------------------------------------------ 182
CHAPTER 66: POLITICAL PARTIES --------------------------------------------------------------------------------------------- 182
CHAPTER 67: ELECTIONS --------------------------------------------------------------------------------------------------------- 183
CHAPTER 68: ELECTION LAWS-------------------------------------------------------------------------------------------------- 184
CHAPTER 69: ANTI-DEFECTION LAW ----------------------------------------------------------------------------------------- 186
CHAPTER 70: CONTEMPORARY AFFAIRS OF POLITY ------------------------------------------------------------------- 187

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CHAPTER 1: BASICS OF POLITY AND CONSTITUTION
1. Introduction: No society can exist without some form of political organization and collective
decision making. Politics involves the multiple negotiations going on in society through which
collective decisions are made.
2. Concept of Freedom and Liberty
 Absence of constraints→ An individual could be considered free if he/she is not subject to
external controls and is able to make independent decisions and act in an autonomous way.
 Creativity Expansion → Expanding the ability of people to freely express themselves and
develop their potential.
 Allows full development of individual's creativity, sensibilities and capabilities.
 It is considered valuable→ Allows us to make choices and to exercise our judgement + permits
the exercise of the individual's powers of reason.
 Sources of Constraints: Constraints can be social (for example caste based restriction) or
constrains by government through laws.
 Need of Constraints: To Reduce Chaos in Society + To value difference in human thoughts and
critiques
 Difference between Liberty and Freedom: Liberty emphasizes the importance of individual
rights and the limitations of government power, while freedom is more focused on the ability of
individuals to pursue their own interests.
 Negative Liberty: It seeks to define and defend an area in which the individual would be
inviolable. No external restrains on the individual.
 Positive Liberty: It is concerned with explaining the idea of 'freedom to' + The individual to
develop his or her capability must get the benefit of enabling positive conditions in material,
political and social domains.
 Positive Vs Negative liberty: Positive liberty recognizes that one can be free only in society and
hence tries to make that society such that it enables the development of the individual whereas
negative liberty is only concerned with the inviolable area of non-interference.
3. Concept of Equality
 It simply means that all human beings are equal regardless of their colour, gender, race, or
nationality.
 Implies that all people, as human beings, are entitled to the same rights and opportunities to
develop their skills and talents, and to pursue their goals and ambitions.
 Equality has 3 Basic elements: Absence of special privileges in society + Presence of adequate
and equal opportunities for development of all + Equal satisfaction of basic needs of all.
 Natural Equality: Though human differ naturally, all humans are to be treated as equal humans.
All are to be considered to avail all human rights and freedoms.
 Political Equality: Political equality is granting equal citizenship to all the members of the state
+ citizens have an equal voice over governmental decisions + equality before the law. It is not
just equal right to vote but also equal political participation.
 Social Equality: People belonging to different groups and communities have a fair and equal
chance to compete for goods and opportunities + absence of legally enforced social class or caste
boundaries.
 Economic Equality: Equal distribution of wealth and economic opportunities in society +
Equality of income + Minimum relative difference between the richest and poorest groups in a
society.
4. Ways to promote Equality

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 Establishing Formal Equality: Ending the formal system of inequality and privileges. For
Example, Indian constitution prohibits discrimination on grounds of religion, race, caste, sex or
place of birth (Article 15) and also abolishes the practice of untouchability (Article 17).
 Equality Through Differential Treatment: Sometimes, it is necessary to treat people
differently in order to ensure that they can enjoy equal rights + Policies of affirmative action to
enhance equality of opportunity.
 Affirmative Action
o It is designed to correct the cumulative effects of past inequalities.
o It can take many forms, from preferential spending on facilities for disadvantaged
communities, such as, scholarships and hostels to special consideration for admissions to
educational institutions and jobs.
o India have adopted a policy of quotas or reserved seats in education and jobs to provide
equality of opportunity to deprived groups.
o Reasons for Positive discrimination: Individuals have a right to equal consideration for
admission to educational institutions and public sector employment but competition should
be fair + Different circumstances→ People from deprived strata may be at a disadvantage
due to historical reasons.
 Ideologies:
o Socialism: The main concern of Socialism is how to minimize existing inequality and
distribute resources justly + Socialists wants to achieve social and economic equality (Socio-
economic) and for this they favor government regulation, planning and control over certain
key areas such as education and health care.
o Marxism/Communism: This ideology emerged as criticism to Capitalism / Liberalism
which according to Marxists leads to exploitation of working class. To avoid this, Marxists
suggests ‗communism.‘ In communism there will be no private ownership of resources and
all resource will be owned by a community. In communism, everyone will get according to
their need and not greed.
o Liberals: They uphold the principle of competition as the most efficient and fair way of
distributing resources and rewards in society + Ensure a minimum state intervention in
standard of living and equal opportunities for all, this cannot by itself bring equality and
justice to society.
5. Justice- Principles of Justice
 Equal Treatment for Equals: "Equals should be treated equally and unequals unequally."
Individuals should be treated the same, unless they differ in ways that are relevant to the
situation in which they are involved.
 John Rawl‟s Veil of Ignorance: He argues that the only way to arrive at it is if we imagine ourselves
to be in a situation in which we have to make decisions about how society should be organised
although we do not know which position, we would ourselves occupy in that society.
 Various types of justice
o Distributive justice concerns the socially just allocation of resources, goods, opportunity in
a society. It is concerned with how to allocate resources fairly among members of a society,
taking into account factors such as merit of individuals and best interests of society.
o Procedural justice lays emphasis on fair processes rather than outcomes i.e. if the procedure
is correct then whatever be the outcome, the justice is said to be done.
o Restorative justice refers to ―an approach to justice that seeks to repair harm by providing
an opportunity for those harmed and those who take responsibility for the harm to
communicate about and address their needs in the aftermath of a crime.‖

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o Substantive justice deals with fair outcomes apart from following the fair procedure. It
refers to the fairness and correctness of the laws and rules themselves. It focuses on the ends
or outcomes of the legal system and the principles of justice that guide them.
 Principles of Justice in context of India
o Equal treatment for equals states that all individuals share certain characteristics as human
beings, so they deserve equal rights and equal treatment. Article 15 of Indian Constitution
prohibits discrimination on grounds of religion, race, caste, sex or place of birth, thus
acknowledging this principle.
o Recognition of Special needs society to take into account special needs of people while
distributing rewards or duties. The Constitution allowed for reservations of government jobs
and quotas for admissions to educational institutions for SCs and STs population.
o Proportionate Justice means rewarding people in proportion to scale and quality of work. For
justice in society, the principle of equal treatment needs to be balanced with the principle of
proportionality.
6. Concept of Rights
 Rights are entitlements to perform certain actions. Rights are the claims of people which every
civilized society recognizes as essential claims for their development, and which are therefore
enforced by the state.
 Rights are obligation of state i.e. States have a duty to respect, protect and fulfil rights of its
citizen.
 Rights also acts limitations on state i.e. Rights limits state to act in arbitrary manner. Rights
ensures that democratic form of government will not convert into authoritarian/autocratic form.
 They are a source of Self-respect and dignity as they lead to the fulfilment of basic needs and gives us
freedom to pursue our talents and interests.
o For example, right to education helps to develop our capacity to reason, gives us useful
skills and enables us to make informed choices in life.
 Natural rights of man: the right to life, liberty and property + All persons are entitled to certain
things simply because they are human beings and all persons are equal and no one is born to
serve others.
 Types of Rights:
o Natural Rights: Natural rights of man: the right to life, liberty and property + All persons
are entitled to certain things simply because they are human beings and all persons are equal
and no one is born to serve others.
o Moral rights: These rights depend on the ethical feelings of man and they are not guaranteed
by any legal authority. Such as, Parents have the rights that they should be assist by the
children in their old age.
o Legal rights: The rights which are granted to man by law and are protected by law are
known as legal rights. In India these are rights outside Part III of Indian Constitution
(Fundamental Rights)
o Fundamental Rights: Rights which are essential to live well. In India Fundamental Rights
are mentioned in Part III of Indian constitution.
 Various dimensions of Rights:
o Political rights: It gives to the citizens the right to equality before law and the right to
participate in the political process and include such rights as the right to vote and elect
representatives, the right to contest elections, etc. + Civil liberties and political rights form
the basis of a democratic system of government.
o Economic rights: These rights are related to the right to employment, to social security, to a

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minimum wage. To fulfill these rights, every individual must have equal right to opportunity
to develop his skill through institution of education.
o Cultural claims of rights: These rights are an important part of social harmony and are
closely connected to the rights to education and freedom of thought, conscience and religion.
For Example: The right to have primary education in one's mother tongue, the right to
establish institutions for teaching one's language and culture.
o Responsibility: Citizens must be vigilant about limitations which may be placed on their
rights. There is a need to be extremely cautious about giving governments powers which
could be used to curtail the rights of individuals.
7. Concept of welfare state:
 The concept of welfare state emerged in the backdrop of negative consequences of liberal model
of Laissez faire, that is ‗no intervention of government in market.‘ This led to inequalities and
concentration of wealth in hands of few. Hence, to reduce inequality and equal distribution of
wealth, the concept of welfare state emerged.
 The welfare state is a concept of government in which the state plays a key role in the protection
and promotion of the economic and social well-being of its citizens.
 A welfare state is based on the principles of equality of opportunity, equitable distribution of
wealth, and public responsibility for those unable to avail themselves of the minimal provisions
of a good life.
8. Citizenship
 It can be defined as full and equal membership of a political community. More than the
relationship between states and their members:
 They include not just the legal obligations imposed by states but also a moral obligation to
participate in, and contribute to, the shared life of the community.
 Equality of rights and status is one of the basic rights of citizenship.
9. Citizen and Nation
 Concept of Nation state emerged in the Treaty of Westphalia, 1648.
 Nation state is a homogenising concept, following are the four important characteristics of
Nation state: Government, Population, Sovereignty, Territory.
 Citizenship in India: Citizenship can be acquired by birth, descent, registration, naturalization,
or inclusion of territory + The rights and obligations of citizens are listed in the Constitution +
State shall not discriminate against citizens on grounds only of religion, race, caste, sex, place of
birth, or any of them + The rights of religious and linguistic minorities are also protected.
 Supreme Court in Olga Tellis Case said, ―Article 21 of the Constitution which guaranteed the
right to life included the right to livelihood.‖
10. Nations and Nationalism
 A nation is a group of people with a common language, history, culture, and (usually) geographic
territory. This means that nation is a homogenous entity and hence, homogeneity is the basis for
Nation.
 As Religion is the basis for Pakistan being a Nation in the same way, Language is for
Bangladesh.
 Is India a Nation or Nation in Making?
o India is a Nation, the homogenising factor or the basis for India being a nation is „The
constitution of India‟
 Nationalism: Nationalism simply means the feeling of oneness. Basically, if a group of people
has a shared sense of nationalism, they form a ―nation.‖

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 Therefore, Nationalism is different from Patriotism. Patriotism is only about ‗love for nation,‘
whereas Nationalism is broader term.
11. Secularism
 In Medieval period states were ruled by Church (Religion), King and Feudal lords. This led to
confusion in governance and rivalry for power. The emerged the concept of secularism where
state will be ruled by a single principle.
 Secularism is the constitutional principle according to which political and religious institutions
are separated into different realms, the political authority is neutral toward all religions and faiths
as well as non-religion, and the constitutional principles, laws, and policies of the state are
justified not with reference to any specific religion, but with reference to secular reasons.
 Western Model of Secularism: It is best represented by the France.
o Clear Separation: Neither theocratic nor do they establish a religion. In most commonly
prevalent conceptions separation of religion and state is understood as mutual exclusion: the
state will not intervene in the affairs of religion and religion will not interfere in the affairs of
the state.
o Independent jurisdiction: Each has a separate sphere and no policy of the state can have an
exclusively religious rationale. No religious classification can be the basis of any public
policy.
o State cannot aid any religious institution: It cannot give financial support to educational
institutions run by religious communities.
o Interprets freedom and equality in an individualist manner.
o Separation of state from church/ religion entails a relationship of mutual exclusion.
 Laïcité (French principle of secularism): It involves the complete removal of religious values
from the public sphere and their replacement with secular values such as liberty, equality, and
fraternity + This includes the prohibition of religious symbols in public schools, government
buildings, and the public sphere + The underlying goal of Laïcité is to implant tolerance and
assimilate people.
 Indian Model of Secularism
o Inter-religious tolerance: Indian secularism arose in the context of deep religious diversity
and it predated the advent of Western modern ideas and nationalism.
o Deals with religious freedom of minorities: An individual has the right to profess the
religion of his or her choice and religious minorities also have a right to exist and to maintain
their own culture and educational institutions.
o Indian secularism is a means to address religious plurality and is not an end in itself. It
sought to achieve the peaceful coexistence of different religions.
o Allows for principled state intervention in all religions. For example, religiously
sanctioned caste-hierarchies are not acceptable within Indian secularism.
o India does not have an official state religion. However, different personal laws – on matters
such as marriage, divorce, inheritance, alimony varies with an individual‘s religion.
o Criticisms of Indian secularism: Anti-religious, western import (Secularism is linked to
Christianity, that it is western and, therefore, unsuited to Indian conditions), Minoritism.
Interventionist (coercive and it interferes excessively with the religious freedom of
communities), vote bank politics and impossible project.
 Theocracy: It is a system of government which is based on a specific interpretation of a specific
religion. For Example, Iran and Saudi Arabia
 Erastianism: State control of religion, Turkey, with its ministry of religious affairs, can be an
example for this category.

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12. Concept of Government

 A government is an institution or a system made of a group of people that takes care or manages
a country or a state. Every government has its own constitution or a set of fundamental principles
that it follows to ensure effective governance.
 Constitutional government: Constitutional Government is a "Government" which operates
within a set of legal and institutional constraints that both limits its power and protects the
individual liberty of the citizen of a polity
o Central elements of constitutional government are the set of rules or "basic laws" that
establish the duties, powers and functions of government (i.e. the institutional autonomy) and
define the relationship between state and individual (i.e. individual autonomy)
 State Vs Government
o State: It refers to a political institution that represents a sovereign people who occupy a
definite territory + It refers to more than just the government and cannot be used
interchangeably with government.
o Government: Responsible for administering and enforcing laws + government (or the
executive) is one part of the State.
13. Forms of Government

 Democracy: In a democracy, a country‘s people are involved in choosing its leader or head. The
people are involved in the process of forming a government. They have the free will and right to
vote for a party to come into power. The right to vote is not determined by wealth or class or
race. Example: India, The USA
 Communism: Communism is a political and economic system that seeks to create a classless
society in which the major means of production, such as mines and factories, are owned and
controlled by the public. The original form of communism was never established in any country
and it rather converted into its perverted form i.e. authoritarianism. Example: China, Russia etc.
 Socialism: Socialism is an economic and political system based on collective ownership of the
means of production. All legal production and distribution decisions are made by the government
in a socialist system. The government also determines all output and pricing levels and supplies
its citizens with everything from food to healthcare. Example: China, Vietnam, Lao.
 Oligarchy: Oligarchies are governments in which a collection of individuals rules over a nation.
Example: Government that ruled South Africa from 1948 to 1991 was a racially constructed
oligarchy.
 Aristocracy: Aristocracy refers to a government form in which a small, elite ruling class — the
aristocrats — have power over those in lower socioeconomic strata. Example: Aristocrats led
major countries, including Britain, Germany, and Russia, until World War I.
 Monarchy: Monarchy is a power system that appoints a person as head of state for life or until
abdication. Authority traditionally passes down through a succession line related to one's

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bloodline and birth order within the ruling royal family, often limited by gender.
o Example: Today, 45 nations have some form of monarchy, though the concept has become
increasingly diluted with the evolution of democratic principles. In the United Kingdom,
Queen Elizabeth II's role as a monarch is largely symbolic. But monarchs in other countries,
including Morocco, Oman, and Saudi Arabia, still have far-reaching political authority.
 Theocracy: Theocracy refers to a form of government in which a specific religious ideology
determines the leadership, laws, and customs. Example: Iran
 Totalitarianism: Totalitarianism is an authoritarian form of government in which the ruling
party recognizes no limitations whatsoever on its power, including in its citizens' lives or rights.
Example: North Korea, Germany under Hitler and Italy under Mussolini.
14. Constitution
 It is a body of fundamental principles according to which a state is constituted or governed.
 Need of the constitution
o Allocation of Power and responsibilities: Constitution allocates powers and responsibilities
between different branches of government, that is, Executive, legislature and Judiciary.
o Allows coordination and assurance→ It provides a set of basic rules that allow for minimal
coordination amongst members of a society. Also this assures people that everyone will
follow these basic rules
 Example: Justiciable nature of Fundamental Rights in the Indian Constitution
o Specification of decision-making powers: It specifies who has the power to make
decisions in a society and decides how the government will be constituted.
o Limitations on the powers of government: It sets some limits on what a government can
impose on its citizens. These limitations are sole of any constitution in the world, also called
as ‗Rule of Law.‘
o To safeguard from misuse of authority: The Constitution lays down rules that guard
against this misuse of authority by political leaders.
o To prevent tyranny of majority: It contains rules that ensure that minorities are not
excluded from anything that is routinely available to the majority.
o Aspirations and goals of a society: It enables the government to fulfil the aspirations of a
society and create conditions for a just society.
 Example: Directive Principles of State Policy in the Indian Constitution
o Fundamental identity of people→ People as a collective entity come into being only
through the basic constitution.
o Balanced institutional design --> To ensure that no single institution acquires monopoly of
power or subvert constitution + constitution must strike the right balance between certain
values, norms and procedures as authoritative, and at the same time allow enough flexibility
in its operations to adapt to changing needs and circumstances.
1. Main Functions of the constitution
o To provide a set of basic rules that allow for minimal coordination amongst members of a
society.
o Details the patterns of relationship between legislature, executive and judiciary and
relationship between the state and its constituent citizens.
o Exert limitations on the government to prevent absolutism
o Highlights the faults of society like caste discrimination
o Details the aspirations of the people
2. Constitutional Law Vs Statutory Law
Constitutional Law Statutory Law

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These are contained in the constitution Contained outside the constitution

Fundamental law and Supreme law- Because These laws cannot violate the supreme laws
Constitution creates the Parliament that
makes the statutory laws.
Difficult to amend Easy to amend
It includes the interpretations of the Supreme These laws should abide by Supreme court
court and conventions. interpretations which became part of
constitution.
3. Types of constitution:
o Unwritten constitution:
 Countries having unwritten constitution runs according to conventions (Customs and
traditions)
 There is culture of democracy in these countries and hence exhaustive written
constitution is not required.
 Though there is not a written constitution, it does not mean that the do not have any
written document about governance of the country. For example, Act of Settlement 1701
of Britain.
 Countries with unwritten constitution does not have written constitution but have ‗soul of
the constitution‘ i.e. Rule of Law.
o Written constitution:
 Rules and regulations are exhaustively written.
 Legislative body has power to make further rules and regulations.
 The constitution is called as written constitution when it is the product of constituent
assembly.
 Example: India, USA
 Hence, it can be said that no constitution in world is completely written or completely
unwritten.
 Written constitution of India
o Formation: It was formally created by a Constituent Assembly between December 1946
and November 1949.
o Constituent assembly held its first sitting on 9 December 1946 and reassembled as
Constituent Assembly for divided India on 14 August 1947.
o Members of Assembly were not elected by universal suffrage and were chosen by indirect
election by the members of the Provincial Legislative Assemblies that had been established
under the Government of India Act, 1935.
o Each Province and each Princely State or group of States were allotted seats proportional to
their respective population roughly in the ratio of 1:10,00,000.
o The seats in each Province were distributed among the three main communities, Muslims,
Sikhs and general, in proportion to their respective populations.
o Members of each community in the Provincial Legislative Assembly elected their own
representatives by the method of proportional representation with single transferable vote.
o The method of selection in the case of representatives of Princely States was to be
determined by consultation.
o Composition of the Constituent Assembly: Constitutes in 1946 under the scheme
formulated by Cabinet Mission Plan.
 Total strength = 389→ 296 (British India); 93 (Princely states).
 Each province and princely states allotted seats in proportion to respective population.
 Divided among 3 communities- Muslims, Sikhs and general (all except Muslims and

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Sikhs) in proportion to their population.

 Members of all religions were given representation under the scheme.
 The Assembly had twenty-eight members from the Scheduled Castes.
 Representatives of each community were to be elected by members of that community in
provincial legislative assembly and voting was to be by method of proportional
representation by means of a single transferrable vote.
 The Constituent Assembly was to be a partly elected and partly nominated body.
 Members were to be indirectly elected by the members of the provincial assemblies, who
themselves were elected on a limited franchise.
 The Constitution was adopted on 26 November 1949 and 284 members were actually
present on 24 January 1950 and appended their signature to the Constitution as finally
passed.
Total 389 296 210 - General

Strength
78 - Muslim
4 - Sikhs
93 4 – Chief Commission
Princely Stated Provinces
4. Jawaharlal Nehru on Constituent assembly

o Constituent Assembly is not just a body of people or a gathering of able lawyers. Rather,
it is a 'nation on the move, throwing away the shell of its past political and possibly social
structure, and fashioning for itself a new garment of its own making.'
o The Indian Constitution was designed to break the shackles of traditional social
hierarchies and to usher in a new era of freedom, equality and justice.
 Important Facts
o The Constituent Assembly took 2 years 11 months and 18 days to frame the Constitution.
o The design of National Flag was adopted by the Constituent Assembly on July 22, 1947 .
o The song ‗Jana-gana-Mana‟ was adopted by the Constituent Assembly as the National
Anthem on 24th January 1950.
5. Objectives Resolution: It was moved by Jawaharlal Nehru in 1946 and had the aspirations
and values behind the Constitution.
 India is an independent, sovereign, republic.
 India shall be a Union of erstwhile British Indian territories, Indian States, and other parts
outside British India and Indian States as are willing to be a part of the Union.
 All powers and authority of sovereign and independent India and its constitution shall flow
from the people.
 All people of India shall be guaranteed and secured social, economic and political justice;
equality of status and opportunities and equality before law;
 The territorial integrity of the Republic and its sovereign rights on land, sea and air shall
be maintained according to justice and law of civilized nations.
 The land would make full and willing contribution to the promotion of world peace and
welfare of mankind.
6. Provisions adopted from constitutions of different countries

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15. Fundamental Rights in the Indian Constitution

7. History: Motilal Nehru committee had demanded a bill of rights as far back as in 1928 + After
independence, the Constitution listed the rights that would be specially protected and called them
'fundamental rights'.
8. Importance: The word fundamental suggests that these rights are so important that the
Constitution has separately listed them and made special provisions for their protection +
Constitution itself ensures that they are not violated by the government + Judiciary has the
powers and responsibility to protect the fundamental rights from violations by actions of the
government. But they are not absolute or unlimited rights
9. Ordinary rights vs Fundamental rights:
o Ordinary rights are protected and enforced by ordinary law; may be changed by legislature
by ordinary process of law making.
o Fundamental rights are protected and guaranteed by the constitution; may only be changed
by amending the constitution itself.
Various Kinds of Rights
 Natural Rights: These are universal rights which are inherent in every individual being a
part of human nature. They are not conferred by law but only recognized and made
enforceable by law. For example, right to life.
 Human Rights: Human rights are similar to natural rights in the sense that they are
universal and are intrinsic in human nature. They are needed for dignified human life and
are enjoyed irrespective of social, political and other considerations. They are retained by
an individual on the basis of his/her being a human. They are contained in United
National Universal Declaration of Human Rights, 1948.
 Civil Rights: These are the rights that citizens of a country enjoy and are conferred by the
Constitution or the law of the country. Civil rights may differ from one country to another
while human rights are universally enjoyed by all.
 Constitutional Rights: They are right enshrined in the Constitution. Some enjoy special
status as Fundamental Rights and some other do not enjoy such status. For example,
outside part III of the Indian Constitution (other than Fundamental Rights)
 Fundamental Rights: They are a branch of civil rights and are given higher importance

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in India as they are defended by the Supreme Court directly. Some Fundamental Rights
are confined to citizens only while others are open to all. For example, Art. 15, 16, 19,
20 and 29 in the Chapter on Fundamental Rights in the Indian Constitution (Part III) are
available to India citizen only. They are essential for human development, democracy and
social progress.
16. Types of Representation and Electoral System
 Direct democracy: It is one where the citizens directly participate in the day-to-day decision-making
and in the running of the government such as the ancient city-states in Greece and Switzerland.
 Indirect democracy/ Representative democracy: Citizens choose their representatives who are
actively involved in governing and administering the country. The method followed to choose
these representatives is referred to as an election. Citizens have a limited role in taking major
decisions and in running the administration; involved indirectly through their elected
representatives.
 First Past the Post System/Plurality system: The entire country is divided into 543
constituencies (543 for House of People in India). Each constituency elects one representative.
The candidate who secures the highest number of votes in that constituency is declared elected.
o No need of majority of votes→ In this system whoever has more votes than all other candidates,
is declared elected. This method is called the First Past the Post (FPTP) system.
o This is the method of election prescribed by the Constitution.
o In FPTP election system, the candidate who secures the highest votes in a particular
constituency is declared elected. This often works to the disadvantage of the smaller social
groups.
 Proportional Representation (PR)
o In countries like Israel or
Netherlands, the entire country is
treated as one constituency and
seats are allocated to each party
according to its share of votes in the
national election.
o In countries like Argentina and
Portugal, the country is divided into
several multi-member
constituencies. Each party prepares
a list of candidates for each
constituency, depending on how
many have to be elected from that
constituency.
o In both cases, voters exercise their
preference for a party and not a
candidate.
 Israel system of elections
o In Israel once the votes are counted,
each party is allotted the share of
seats in the parliament in proportion
to its share of votes.
o Each party fills its quota of seats by picking those many of its nominees from a preference
list that has been declared before the elections.

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o In this system, a party gets the same proportion of seats as its proportion of votes.
 Proportional representation in India
o India have adopted PR system on a limited scale for indirect elections.
o The Constitution prescribes PR system for the election of President, Vice President, and for
the election to the Rajya Sabha and Legislative councils
o PR system in Rajya Sabha elections: It follows a third variant of PR- the Single
Transferable Vote system (STV). Every State has a specific quota of seats in the Rajya
Sabha. The members are elected by the respective State legislative assemblies. The voters are
the MLAs in that State. Every voter is required to rank candidates according to her or his
preference. To be declared the winner, a candidate must secure a minimum quota of votes,
which is determined by a formula.
 Reserved Constituencies
o Constitution provides for reservation of seats in the Lok Sabha and State Legislative
Assemblies for the Scheduled Castes and Scheduled Tribes in proportion to their population.
o This provision was made initially for a period of 10 years and as a result of successive
constitutional amendments, recently in 2019 it has been extended up to 2030 by 104th
constitutional amendment.
17. Universal Adult Franchise
 All adult citizens of the country must be eligible to vote in the elections. Indian constitution
Article 326 defines Universal adult suffrage as, every person who is a citizen of India and who is
not less than 18 of age on date fixed by parliament.
 Constitution 61st Amendment, 1989 reduced the voting age from 21 to 18 years.
 Article 326 also provides for grounds for disqualification of voter such as non-residence,
unsoundness of mind, crime or corrupt or illegal practice.
18. Branches of government: Executive, Legislature and Judiciary
 Legislature
o Function: Legislation, amendment to constitution, overseeing of administration, passing of
the Budget, ventilation of public grievances and discussing various subjects like development
plans, national policies and international relations.
o In India, Legislature of the Union, which is called Parliament, consists of the President and
two Houses, known as Council of States (Rajya Sabha) and House of the People (Lok
Sabha).
o All legislation require consent of both the Houses of Parliament. Delegated legislation is also
subject to review and control by Parliament.
 Executive
o Functions: Responsible for the Implementation of laws and policies adopted by the legislature.
It is often involved in framing of policy.
o In India, the Union executive consists of the President, the Vice-President, and the Council of
Ministers with the Prime Minister as the head to aid and advise the President.
o The Council of Ministers comprises Ministers who are members of Cabinet, Ministers of State
(independent charge), Ministers of State and Deputy Ministers.
 Judiciary
o The main function of the Judiciary is to interpret laws and settle disputes between peoples. It
works as the protector of the constitution.

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19. Doctrine of Separation of Powers:

 The Doctrine signifies that one person or body of persons should not exercise all the three
powers of the Government viz. legislative, executive and judiciary.
 The doctrine implies that:
o The same person should not form more than one organ of the Government.
o One organ of the Government should not exercise the function of other organs of the
Government.
o One organ of the Government should not encroach with the function of the other two organs
of the Government.
 The doctrine is based on the principle of checks and balances where each branch of government
checks the transgression by other branch.
20. Types of Political Systems:
 Parliamentary system:
o Two heads, head of state is nominal head and Head of government is real head.
o Executive is part of legislature and collectively responsible to legislature.
 Presidential system
o One head who is both head of state and head of executive
o Executive is not part of legislature and not responsible to legislature.
 Semi-Presidential System
 It has both a President and a Prime Minister but unlike the parliamentary system the
President may possess significant day-to-day powers.
21. Political systems in different countries
 USA- Presidential system
 Canada- Parliamentary democracy with a constitutional monarchy.

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 France- Semi-presidential system → The President appoints the Prime Minister as well as the
ministers but cannot dismiss them as they are responsible to the parliament.
 Japan- Parliamentary system with the Emperor as the head of the state and the Prime Minister as
the head of government.
 Italy- Parliamentary system with the President as the formal head of state and the Prime Minister
as the head of government.
 Russia- Semi-presidential system where President is the head of state and Prime Minister, who is
appointed by the President, is the head of government.
22. Parliament
 Lawmaking is one of the functions of the legislature.
 It is the centre of all democratic political process; helps people in holding the representatives
accountable.
 It is the most representative of all organs of government.
 It is vested with the power to choose and dismiss the government.
 Bicameral legislature: The Parliament in India has two Houses: The Council of States or the
Rajya Sabha; The House of the People or the Lok Sabha.
 The Constitution has given the States the option of establishing either a unicameral or bicameral
legislature.
 Need of Two Houses of Parliament: To give representation to all sections + To give
representation to all geographical regions or parts of the country + Every decision taken by one
House goes to the other House for its decision so that every bill and policy would be discussed
twice.
 Functions of Parliament
o It enacts legislations for the country; substance and even the timing of the bill are decided by
the Cabinet.
o It ensures that the executive does not overstep its authority and remains responsible to the
people who have elected them.
o Controls taxation and the way of using money by the government
o Parliament grants resources to the government to implement its programmes.
o Parliament represents the divergent views of members from different regional, social,
economic, religious groups of different parts of the country.
o Highest forum of debate in the country→ There is no limitation on its power of discussion.
o It elects the President and Vice President of India.
o Judicial Function→ considers the proposals for removal of President, Vice-President and
Judges of High Courts and Supreme Court.
o Approval and ratification of laws→ A bill can become a law only with the approval of the
Parliament.
o Preparation and presentation of budget for the approval of the legislature is constitutional
obligation of the government.
o Before granting money, the Lok Sabha can discuss the reasons for which the government
requires money.
23. Judiciary
 Independence of Judiciary: It means that other organs of the government like the executive and
legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice.
 Need of an Independent Judiciary: To protect rule of law and ensure supremacy of law + To
safeguard rights of the individual, settle disputes in accordance with the law and ensure that
democracy does not give way to individual or group dictatorship.

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 However, Independence of the judiciary does not imply arbitrariness or absence of

accountability. Judiciary is a part of the democratic political structure of the country and is
accountable to the Constitution, democratic traditions and people of the country.
 Judicial Review
o It means the power of the Supreme Court (or High Courts) to examine the constitutionality of
any law if the Court arrives at the conclusion that the law is inconsistent with the provisions
of the Constitution, such a law is declared as unconstitutional and inapplicable.
o The term judicial review is nowhere mentioned in the Constitution.
 The constitution of South Africa has incorporated public interest litigation in its bill of rights.
 Legal service day is celebrated on
9th November.
24. Federalism
 Federalism is division of powers
between Centre and its units.
 Constitution of USA is first federal
constitution in the world.
 Need: To give recognition to
regional and linguistic diversity
and to ensure democratic
government in which diverse
people had to share power
nationally and regionally.
 The separation of legislative
powers is mentioned in 7th
schedule of Indian constitution.
25. Differences between civil law and
criminal law
26. Idea of Constitutionalism

 Constitutionalism is a complex set of ideas that is based on the principle that the powers of the
government are not absolute and are limited by a body of laws or a supreme law called the
constitution.

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 The elements of constitutionalism include limited government (Powers and extent of State-
limited by the constitution through Fundamental rights, division of powers, popular sovereignty,
separation of powers, rule of law, independent judiciary and individual rights.
27. Constitutional Autochthony
 It means a desire among the people to have a homegrown constitution rooted in the native
culture, political, socio-economic environment of the country. Post 1929, INC started demanding
constitutional autochthony and hence an indigenously elected constituent assembly.
 The Dominion of India became the Republic of India when the constitution took the place of the
Government of India Act 1935 as the primary law governing the nation. Subsequently Article
395 of the constitution was repealed by its framers to ensure constitutional autochthony.
28. Procedure established by law
 The term procedure established by law has been explicitly mentioned in Article 21 of the Indian
constitution. Article 21 states that ―No person shall be deprived of his life or personal liberty
except according to a procedure established by law.
 Procedure established by law safeguard individuals from the arbitrary actions of only the
executive but not legislative action.
 Under Procedure established by law, the courts would not go into the legislative wisdom or
rationale behind the formation of a specific law even if the law enacted goes against the
principles of natural justice or equality.
 Under it, the courts can examine whether a law allows for such an action, whether the law was
enacted by a competent body/legislature and whether the correct procedure was followed during
the enactment. But, it does not allow the courts to examine the law itself.
29. Constitution Day
 Constitution Day, also known as ‗Samvidhan Divas‘, is celebrated in our country on 26th
November every year to commemorate the adoption of the Constitution of India.
 The Ministry of Social Justice and Empowerment on 19th November 2015 notified the decision
of Government of India to celebrate the 26th day of November every year as ‗Constitution Day‘
to promote Constitution values among citizens
 In a historic achievement, the Indian district of Kollam in Kerala has become the country‘s first
constitution literate district. The district‘s success is the result of a seven-month campaign
launched by the Kollam district panchayat. The campaign aimed to provide constitutional
literacy to 23 lakh citizens belonging to 7 lakh families in the district.
30. Direct Democracy techniques
 Referendum is a direct democracy technique in which individuals vote directly on a specific
subject. To pass, a referendum must achieve a majority. The vote reflects public preference on
different issues that are generally of major political significance, such as whether or not to amend
a constitution or join an international organization.
o Recently, the SC has mentioned that, seeking public opinion in a constitutional democracy
like India has to be through established institutions or Democratic tools and there is ‗no
question of referendum‘ under the country‘s Constitution.
 Initiative is a process by which citizens can propose a new law or changes to existing law and
have it put to a direct vote by the people.
 Plebiscite is an advisory referendum for gathering public opinion on any matter of public
importance such as making a policy. Voting has traditionally been optional, but can be made
compulsory at times.
 Recall refers to the condition when a person who has been elected be removed from his office
before the end of his term by a direct vote

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31. Right to Vote and to be Elected- Constitutional rights

 Right to Vote is implicit in Article 326 which provides that elections to the Legislative Assembly
and Lok Sabha of every state are to be held based on adult suffrage. Every person who is a
citizen of India and who is no less than eighteen years of age and not disqualified under the
Constitution or any law made by the appropriate Legislature on the ground of non-residence,
unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a
voter at any such election.
 Right to be elected is implicit in the Constitution in a way that it provides for the minimum
qualifications required to be the Member of Parliament (Article 84), Member of State
Legislatures (Article 173), President and Vice-President.

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CHAPTER 2: HISTORICAL UNDERPINNINGS & EVOLUTION OF INDIAN

CONSTITUTION
1. Introduction: The British came to India in 1600 as traders in from of EIC, which had exclusive
right of trading in India under a charter granted by Queen Elizabeth I. In 1765, the company
obtained ‗diwani‘ (rights over revenue) of Bengal, Bihar and Orissa. In 1858, British crown assumed
direct responsibility for the governance of India and this rule continued until India was granted
independence on August 15, 1947.
2. Regulating act of 1773
 Passed by British Parliament after Lord North presented bill in Parliament on May 18, 1773.
 First step taken by the British Government to control and regulate affairs of EIC in India.
 Recognized for the first time, the political and administrative functions of the Company;
 It laid the foundations of central administration in India.
 Designated ‗Governor of Bengal' as the Governor-General of Bengal.
 Created an Executive Council of four members to assist him; first Governor General was Lord
Warren Hastings.
 Governors of Bombay and Madras made subordinate to the governor-general of Bengal
 Establishment of a Supreme Court at Calcutta (1774)- Sir Elijah Impey served as the Chief Justice,
while Lemester, Chambers, and Hyde were the other judges of the court established in 1774.
 Banned Company officials from engaging in any private trade or accepting bribes from natives.
3. Pitt‟s India Act of 1784
 It separated the East India Company's political and corporate activities.
 From now Court of Directors to manage the commercial affairs; Board of Control to manage the
political affairs (system of Double Government).
 Company‘s territory was called British Possessions.
 This Board of Control's members are: The Chancellor of the Exchequer, The Secretary of State,
and Four Privy Councilors are among the six officials appointed by the King
 The Secretary of State was appointed as the Board of Control's President.
 The Governor-General was granted veto power.
 GG of Bengal cannot declare war without permission.
 Provisions for Property disclosure: Within two months of taking up their posts, all civil and
military officers of EIC were ordered to provide the Court of Directors with a full inventory of
their property in India and in Britain.
4. Charter Act of 1813
 Abolished the trade monopoly of the company in India i.e., the Indian trade was thrown open to
all British merchants.
 Asserted the sovereignty of the British Crown over the Company‘s territories in India.
 Allowed the Christian missionaries to come to India for the purpose of enlightening the people.
 Spread of western education among the inhabitants of the British territories in India.
 It authorized the Local Governments in India to impose taxes on persons.
 Governor-General of Bengal designated as the Governor-General of India vested with civil and
military powers → Centralization of administration; Lord William Bentick was the first
Governor-General of India.
 Deprived governors of Bombay and Madras of their legislative powers.
 Ended commercial activities of the EIC and was now purely administrative body.
 Attempted to introduce a system of open competition for selection of civil servants without any

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discrimination Indians.
 Governor General in Council to set up Indian law commission.
 The Governor-General in council could repeal, amend and alter any laws or regulations enforced
in British India.
 Decision of the Governor-General will prevail at the time of dispute on any matter in the
Governor-General counsels and he can reject the majority decision
 All the commercial Privileges of the company were abolished.
 Europeans and British could now freely acquire, hold or dispose of any property in India.
 The president of the Board of Control was replaced by Minister for Indian affairs
 Provided for Creation of the presidency of Agra and Fort William by the division of the Bengal
presidency but this provision never came into existence.
 First act that made provision to freely admit the natives of India to share an administration in the
country.
 The act also provided for the diminution of slavery existing in British India→ Slavery was
abolished in India with the Act V of 1843.
 Increased the number of Bishopries to three and made the Bishop of Calcutta the Metropolitan
Bishop of India.
 Separated, legislative and executive functions of the Governor-General's council. Addition of six
new members called legislative councilors to the council.
 Separated Governor-General's legislative council which came to be known as the Indian
(Central) Legislative Council.
 Extended the Company's rule and allowed it to retain the possession of Indian territories on trust
for the British Crown.
 Local representation in the Indian (Central) Legislative Council.
 Open competition system of selection and recruitment of civil servants.
 For the first time, legislation was considered as a distinct government function.
 Right to veto a bill passed by the Council in its legislative capacity was given to the Executive
Council.
 Salaries of the members of the Boards of controls, its Secretary, and other officers would be
fixed by the British government but would be paid by the Company.
 Law member was now made a full member of the Governor-General‘s Executive Council.
7. Government of India Act of 1858
 It changed the designation of the Governor- General of India to that of Viceroy of India.
 Viceroy was the direct representative of the British Crown in India→ Lord Canning, thus,
became the first Viceroy of India.
 It ended the system of double Government by abolishing the Board of Control and Court of
Directors.
 Created a new office, Secretary of State for India directly responsible to British parliament.
 The secretary of state (Lord Stanley) was made the chairman of the council which was an
advisory body having 15 members.
 Secretary of state-in-council as a body corporate; capable of suing and being sued in India.
8. Indian Councils Act of 1861
 Beginning of representative institutions→ Viceroy should nominate some Indians as non-official
members of his expanded council.

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 Initiated the process of decentralization thus Bombay and Madras Presidencies legislative
powers were restored.
 Establishment of new legislative councils for Bengal, North-Western Frontier Province (NWFP)
and Punjab.
 Recognition to the 'portfolio system, introduced by Canning in 1859.
 Viceroy had the power to issue ordinance of validity 6 months.
9. Indian Councils Act of 1892
 It increased the number of additional (non-official) members in the Central and provincial
legislative councils, but maintained the official majority in them.
 It increased the functions of legislative councils and gave them the power of discussing the
budget and addressing questions to the executive.
 Limited and indirect provision for use of election; however, word ―election‖ was not used in the
act.
 GG in Council was given the authority to set rules for member nomination, subject to the
approval of the Secretary of State for India.
10. Government of India Act (1909) (Morley Minto reforms)
 Allowed provincial legislative councils to have non-official majority.
 Members allowed to ask supplementary questions, move resolutions on budget and so on.
 Satyendra Prasad Sinha became first Indian to join Viceroy‘s executive council.
 Communal representation for Muslims by accepting the concept of ‗Separate Electorate‘.
 Lord Minto known as Father of communal electorate.
 Separate representation of presidency corporations, chambers of commerce, universities and
zamindars.
 Foreign policy or relations with princely states could not be discussed.
11. Government of India Act (1919) (Montagu-Chelmsford reforms)
 Separating the central and provincial subjects thus allowed to make laws on their respective list
of subjects.
 The provincial subjects further divided into: - Transferred subjects - governor has to deal with
them on the advice of council of ministers responsible to legislative council + Reserved subjects
- governor has to deal with them on the advice of council of ministers and here not responsible to
legislative council [System of Dyarchy].
 Justice Administration, Press, Revenue, Forests, Labour Dispute Settlements, Water,
Agricultural Loans, Police, and Prisons were among the items on the Reserved List.
 The Secretary of State and the Governor-General had the authority to intervene in things covered by the
reserved list, but only to a limited extent in matters covered by the transferred list.
 Bicameralism and direct elections in the country.
 Communal representation was consolidated as Sikhs, Indian Christians, Anglo-Indians and
Europeans were given separate electorate
 Adult Suffrage was given on the basis of property, tax or education.
 Establishment of a public service commission. 
 Appointment of a statutory commission to inquire into and report→ Simon commission was
appointed
 The legislators could now ask questions, pass adjournment motions and vote a part of the budget,
but 75% of the budget was still not voteable. 
 communal representation was extended to include Sikhs, Europeans and Anglo-Indians. 
 provision to provide reservation to the non-Brahmins in Madras and the depressed classes were
also offered nominated seats in the legislatures. 

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 It established an office of the High Commissioner for India in London.

 ICS exam would be held in India→ 1st ICS exam in Allahabad in 1920.
12. Simon Commission
 7-member commission; headed by Sir John Simon; no Indians. It recommended:
o Abolition of Dyarchy
o Responsible self-government for the provinces
o Creation of a federation of British India and the Princely States (Unified form of
government).
o Continuation of communal electorate.
13. Communal Award
 In August 1932, Ramsay MacDonald, the British Prime Minister, announced a scheme of
representation of the minorities, which came to be known as the Communal Award.
 The award not only continued separate electorates for the Muslims, Sikhs, Indian Christians,
Anglo-Indians and Europeans but also extended it to the depressed classes
 Gandhiji was distressed over this extension of the principle of communal representation to the
depressed classes and undertook fast unto death in Yerawada Jail (Poona) to get the award
modified.
 At last, there was an agreement between the leaders of the Congress and the depressed classes.
 The agreement, known as Poona Pact, retained the Hindu joint electorate and gave reserved seats
to the depressed classes.
14. Government of India Act of 1935
 It provided for the establishment of an All-India Federation consisting of provinces and princely
states as units → India would become a federation if 50% of Indian states decided to join it.
 It abolished dyarchy in the provinces and introduced ‗provincial autonomy‘ in its place.
 It provided for the adoption of dyarchy at the Centre.
 It introduced bicameralism in six out of eleven provinces.
 Extended the principle of communal representation by providing separate electorates for
depressed classes (Scheduled Castes), women and labour
 It abolished the Council of India, established by the Government of India Act of 1858.
 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.
 This Act placed control of the railway in the hands of a new body known as the Federal Railway
Authority.
 Comparison Between Act of 1909, 1919,1935
Details 1909 1919 1935
Non-official majority Only in Both centre as well Both centre as well as at
(elected) provinces as provinces provinces
Element of Federalism No Separation of the All-India Federation - 3 lists—
central and Federal List (for Centre),
provincial subjects Provincial List (for provinces)
introduced and the Concurrent List

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Dyarchy at Provinces No Yes, by transferred No, Introduced provincial

& Reserved Subjects Autonomy instead
Dyarchy at Centre No No Yes, federal subjects were
divided into reserved subjects and
transferred subjects
Direct Elections No Yes Yes
Bicameralism at centre No Yes Yes
Bicameralism at No No Yes (6 out of 11 provinces )
provinces
15. Indian Independence Act of 1947
 It ended the British rule in India and declared India as an independent and sovereign state from
August 15, 1947.
 It provided for partition of India and creation of 2 independent dominions of India and Pakistan
 It abolished the office of Viceroy and provided, for each dominion, a governor general.
 It empowered the Constituent Assemblies of the two dominions to frame and adopt any
constitution for their respective nations and to repeal any act of the British Parliament, including
the Independence act itself.
 It empowered the Constituent Assemblies of both the dominions to legislate for their respective
territories till the new constitutions were drafted and enforced.
 It abolished the office of the Secretary of State for India and transferred his functions to the
Secretary of State for Commonwealth Affairs.
 It granted freedom to the Indian princely states either to join the Dominion of India or Dominion
of Pakistan or to remain independent.
 It designated the Governor-General of India and the provincial governors as constitutional
(nominal) heads of the states.
 From now on, the relationship of the UK government with India will be managed through the
Office of Commonwealth Affairs.

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CHAPTER 3: MAKING OF THE CONSTITUTION
1. Introduction
 The idea of constituent assembly for India was put forward for the first time by M. N Roy in
1934.
 In 1935, INC for the first time officially demanded a constituent assembly to frame the
constitution of India.
 The demand was accepted in principle by British government in August offer 1940.
 The Cabinet mission rejected the idea of two constituent assemblies, it put forth a scheme for
constituent assembly which more or less satisfied Muslim league.
2. Composition of Constituent Assembly [Already discussed in previous chapter]
3. Working of the Constituent Assembly
 December 9, 1946: Constituent
assembly held its first meeting; Muslim
league boycotted meeting;
Sachchidananda Sinha, the oldest
member was elected as the temporary
president of the assembly following the
French practice.
 11 Dec, 1946- Rajendra Prasad was
elected as the President of the
Assembly. Similarly, both H.C.
Mukherjee and V.T. Krishnamachari
were elected as the Vice-Presidents of
the Assembly.
 13 Dec, 1946- Jawaharlal Nehru moved
historic ‗Objectives Resolution‘
(philosophy of constitution structure) in
Assembly.
 This resolution was adopted by
assembly on January 22, 1947. Its
modified versions form the Preamble
of the present constitution.
4. Indian Independence Act (1947)
 Assembly was made a fully sovereign body; Assembly also became a legislative body; the
Assembly became the first Parliament of free India (Dominion Legislature).
 Whenever the Assembly met as the Constituent body it was chaired by Dr. Rajendra Prasad
and when it met as the legislative body, it was chaired by G.V. Mavlankar. These two
functions continued till November 26, 1949
5. Other Functions performed: Constituent assembly also performed the following functions:
 Its ratified India's membership of the Commonwealth in May 1949.
 It adopted the national flag on July 22, 1947.
 It adopted the national anthem on January 24, 1950.
 It adopted the national song on January 24, 1950.
 It elected Dr. Rajendra Prasad as the first President of India on January 24, 1950
 Constituent assembly had 11 sessions over two years, 11 months and 18 days.
6. MAJOR COMMITTEES

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 Union Powers Committee - Jawaharlal Nehru

 Union Constitution Committee - Jawaharlal Nehru
 Provincial Constitution Committee - Sardar Patel
 Drafting Committee - Dr. B.R Ambedkar
 Advisory committee on FR‘S, Minorities and Tribal and Excluded areas- Sardar Patel
o Sub committees: F.Rs (J.B Kriplani),
o Minorities sub-committee (HC Mukherjee),
o NE Frontier Tribal areas and Assam excluded and Partially excluded areas sub-committee
(Gopinath Bardoloi),
o Excluded and partially excluded areas (AV Thakkar).
 Rules of procedure committee - Dr. Rajendra Prasad.
 States committee - J.L Nehru
 Steering committee – Dr. Rajendra Prasad
 Drafting Committee set up on August 29, 1947→ It consisted of seven members→ Dr. B.R.
Ambedkar (Chairman), N. Gopalaswamy Ayyangar, Alladi Krishnaswamy Ayyar, Dr. K.M.
Munshi, Syed Mohammad Saadullah, N. Madhava Rau (He replaced B.L. Mitter who resigned
due to ill-health) and T.T. Krishnamachari (He replaced D.P. Khaitan who died in 1948).
7. The Constitution as adopted on November 26, 1949, contained a Preamble, 22 Parts, 395 Articles
and 8 Schedules. The Preamble was enacted after the entire Constitution was already enacted
8. Some provisions of the Constitution pertaining to citizenship, elections, provisional parliament,
temporary and transitional provisions, and short title contained in Articles 5, 6, 7, 8, 9, 60, 324,
366, 367, 379, 380, 388, 391, 392 and 393 came into force on November 26, 1949, itself.
9. Important Facts: Elephant (symbol of constituent assembly), BN Rau (legal adviser), HVR Iyengar
(secretary to constituent assembly), SN Mukherjee (chief draftsman of constitution), Prem Beharu
(calligrapher), Vasant krishan Vaidya (calligrapher of Hindi version of original constitution).

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CHAPTER 4: SALIENT FEATURES OF INDIAN CONSTITUTION
1. Introduction: Indian constitution is unique in its contents and spirit. Though borrowed from almost
every constitution of the world, the constitution of India has several salient features that distinguish
it from the constitutions of other countries.
2. Lengthiest Written Constitution: Originally (1949), the Constitution contained a Preamble, 395
Articles (divided into 22 Parts) and 8 Schedules; drawn from various sources.
3. Drawn from Various Sources
 Dr B R Ambedkar Constitution of India has been framed after ‗ransacking all the known
Constitutions of the world‘.
 Structural part of the Constitution Derived from the Government of India Act of 1935.
 Philosophical part of the Constitution (Fundamental Rights and the Directive Principles of State
Policy) American and Irish Constitutions respectively.
 The political part of Constitution (principle of Cabinet government and the relations between
the executive and the legislature) British Constitution.
Sources Features Borrowed
1. Government of Federal Scheme, Office of governor, Judiciary, Public Service
India Act of 1935 Commissions, Emergency provisions and administrative details.
2. British Constitution Parliamentary government, Rule of Law, legislative procedure,
single citizenship, cabinet system, prerogative writs, parliamentary
privileges and bicameralism.
3. US Constitution Fundamental rights, independence of judiciary, judicial review,
impeachment of the president, removal of Supreme Court and high
court judges and post of vice-president.
4. Irish Constitution Directive Principles of State Policy, nomination of members to
Rajya Sabha and method of election of president.
5. Canadian Federation with a strong Centre, vesting of residuary powers in the
Constitution Centre, appointment of state governors by the Centre, and
advisory jurisdiction of the Supreme Court.
6. Australian Concurrent List, freedom of trade, commerce and inter-course, and
Constitution joint sitting of the two Houses of Parliament.
7. Weimar Suspension of Fundamental Rights during Emergency.
Constitution of
Germany
8. Soviet Constitution Fundamental duties and the ideal of justice (social, economic and
(USSR, now Russia) political) in the Preamble.
9. French Constitution Republic and the ideals of liberty, equality and fraternity in the
Preamble.
10. South African Procedure for amendment of the Constitution and election of
Constitution members of Rajya Sabha.
11. Japanese Procedure established by Law.
Constitution
4. Blend of rigidity and flexibility Rigidity and flexibility depends on the procedure of amendment,
difficult procedure signifies rigidity.
 Indian constitution is both rigid and flexible.
 Most of the provisions can be amended by simple majority hence Indian constitution is called
more flexible than rigid.

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 Simple majority: Majority of more than 50% of the members present and voting and it is outside
the ambit of Article 368.
 The procedure to amend the constitution under Article 368 is difficult and hence deal with the
rigid part of the constitution.
 Article 368 provides for two types of procedures:
o Amendment by two-third majority of the members of each House present and voting +
majority of the total membership of each House.
o Amendment two-third majority of the members of each House present and voting +
ratification by half of the total states.
 In the Kesavananda Bharati case (1973), the Supreme Court ruled that the constituent power of
Parliament under Article 368 does not enable it to alter the ‗basic structure‘ of the Constitution.
 Cases of amendment to constitution by simple majority:
o Admission or establishment of new states.
o Abolition or creation of legislative council in state.
o Quorum in parliament
o Salaries and allowances of the members of parliament
o Privileges of the parliament
o Use of official language
o Election of parliament and state legislatures etc
 Cases for amendment by special majority:
o Fundamental rights
o Directive principles of state policy
o And all other provision which are not covered by the first and third category
 Cases for amendment by special majority (+ Ratification by states)
o Election of the president and its manner.
o Extent of the executive power of the union and states.
o Distribution of legislative powers between state and union.
o Power of parliament to amend the constitution and its procedure.
5. Federal System with Unitary Bias
 ‗Federation‘ has nowhere been used in the Constitution.
 Article 1 describes India as a ‗Union of States‘ which implies two things: Indian Federation is
not the result of an agreement by the states + No state has the right to secede from the federation.
Federal Features Unitary Features
 Dual Polity: Union at the Centre and  Strong Centre: Division of powers is in favor
the states at the periphery. Each is of center and unequal from federal point of
endowed with sovereign powers to be view. Firstly, Union list contains more subjects,
exercised in the field assigned to secondly, more important subjects have been
them respectively by the Constitution included in union list and Centre has overriding
 Written Constitution: It specifies authority over concurrent list.
the structure, organisation, powers  Single constitution: The constitution of India
and functions of both the Central and embodies not only the constitution of the Centre
state governments and prescribes the but also those of the states. Both the Centre and
limits within which they must the States must operate within this single frame.
operate.  Flexibility of the Constitution: The bulk of the
 Division of Powers: The Constitution Constitution can be amended by the unilateral
divided the powers between the action of the Parliament, either by simple
Centre and the states in terms of the majority or by special majority. The power to

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Union List, State List and Concurrent initiate an amendment to the Constitution lies
List in the Seventh Schedule only with the Centre.
 Supremacy of the Constitution: The  States not indestructible: Unlike in other
Constitution is the supreme (or the federations, the states in India have no right to
highest) law of the land. The laws territorial integrity. The parliament can change
enacted by the Centre and the states the area, boundaries, or name of any state.
must confirm to its provisions.  Single citizenship: Means one person is the
 Independent Judiciary: Constitution citizenship of the whole country. The
establishes independent judiciary constitution deals with citizenship from Articles
headed by Supreme Court to settle 5 and 11 under Part 2.
disputes between the Centre and the  Appointment of governor: The governor is
states or between the states. appointed by the president. He also acts as an
 Rigid Constitution: Any provisions agent of the Centre. Through him, the Centre
of the Constitution that relate to the exercises control over the states.
federal scheme can be amended only  Integrated Judiciary: Supreme Court of India
with a special majority of each house incorporates all lower courts, from the Gram
and the ratification of half of the Panchayat to the High Courts. Supreme Court is
states. at very top.
 Bicameralism: The Constitution  No equality of state representation: States are
provides for a bicameral legislature given representation in the Rajya Sabha on the
consisting of an Upper House (Rajya basis of population. The membership varies
Sabha) and a Lower House (Lok from 1 to 31.
Sabha). Rajya Sabha represents the  Emergency Provisions: During an emergency,
State of India at the Centre. Lok Central government becomes all powerful and
Sabha represents the people of India the states go into the total control of the Centre.
as a whole. Rajya Sabha maintains  All India Services: Central and State govts
federal equilibrium by protecting the have separate public services, but in addition
interests of the states against the there are also all-India services IAS, IPS and
undue interference of the Centre IFS. Members are recruited and trained by
Centre, which have ultimate control over them
 Integrated Audit Machinery: CAG audits
accounts of the Central and the State
governments. Appointed or removed by the
President, without consulting the states
 Federal system in USA
o Federal Model of USA is called coming together model. States here came together and formed
centre. States gave some of their powers to centre.
o Only essential powers were given to centre by state and substantial power is with states in USA.
o Hence it can be said that states made the centre by coming together hence ‗coming together
model.‘
o There is clear distribution of powers between centre and state but the powers are inclined
towards states (Unlike India where powers are inclined towards centre).
6. Parliamentary Form of Government
 The Constitution of India has opted for the British Parliamentary System of Government rather
than American Presidential System of Government.
 Parliamentary system→ Co-operation and coordination between the legislative and executive
organs.

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 Parliamentary system= Westminster Model of Government, Responsible Government, Cabinet

Government.
 Features of parliamentary form of government in India: Presence of nominal and real
executives; Majority party rule, Collective responsibility of the executive to the legislature
(Legislature can remove executive from power), Membership of the ministers in the legislature,
Leadership of the Prime Minister or the Chief Minister, Dissolution of the lower House (Lok
Sabha or Assembly).
Indian model Westminster (British) model
 Constitution envisage Republican system -  Head of the State by a hereditary
Elected Head of the State i.e., President position. (Monarch-not elected)
 Written Constitution- Hence no  No written constitution hence,
parliamentary sovereignty/Supremacy, Sovereignty of parliament.
Constitutional supremacy (Protected by  PM should necessarily be member of
Supreme court through judicial review), House of Commons (Lower house)
constitutional rights limits sovereignty of  System of legal responsibility of the
Parliament. minister
 PM may be a member of any of the two Members of Parliament alone are
houses (Rajya Sabha and Lok Sabha) appointed as ministers.
 No system of legal responsibility of the  Institution of ―Shadow cabinet‖ by
minister in India. members of opposition party is
 Person who is not member of Parliament followed.
can also be appointed as minister for a
maximum period of six months.
 Institution of ―Shadow cabinet‖ does not
exist in India.
7. Synthesis of Parliamentary Sovereignty and Judicial Supremacy
 Sovereignty of Parliament=British Parliament.
 Judicial supremacy= American Supreme Court.
 The scope of judicial review power of the
Supreme Court in India is narrower than that of
what exists in US (Because USA has ‗due process
of law‘ and India on other hand has ‗Procedure
established by law‘)
 Preferred a proper synthesis between the British
principle of parliamentary sovereignty and the
American principle of judicial supremacy.
 Basic features of Constitutional Supremacy are
as follows:
o Written and rigid constitution.
o The distinction between constitutional law and
ordinary law
o Parliament itself was created and functioning
with regard to the constitution.
o There must be some constitutional body to
look after the legality or illegality of the act of
the parliament which is done by SC in India
through Judicial Review.

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o There should be an express or implied provision in the constitution which supports the
supremacy of the constitution.
8. Integrated and Independent Judiciary: Single system of courts enforces both the central laws as
well as state laws, unlike in USA where federal laws are enforced by federal judiciary and state laws
are enforced by state judiciary.
 Independence of Judiciary: It means that other organs of the government like the executive and
legislature must not restrain the functioning of the judiciary in such a way that it is unable to do justice.
 Need of an Independent Judiciary: To protect rule of law and ensure supremacy of law + To
safeguard rights of the individual, settle disputes in accordance with the law and ensure that
democracy does not give way to individual or group dictatorship.
 However, Independence of the judiciary does not imply arbitrariness or absence of
accountability. Judiciary is a part of the democratic political structure of the country and is
accountable to the Constitution, democratic traditions and people of the country.
9. Fundamental rights: They operate as limitations on the tyranny of executive and arbitraty laws of
the legislature.
 Justiciable in nature→ Enforceable by the courts for their violation.
 The aggrieved person can directly go to the Supreme Court which can issue the writs (Article
32).
 Not absolute and subject to reasonable restrictions.
 Not sacrosanct and can be curtailed or repealed by the Parliament through a constitutional
Amendment act.
 Suspended during the operation of a National Emergency except the rights guaranteed by
Articles 20 and 21.
10. Directive Principles of State Policy
 According to Dr. B.R. Ambedkar = DPSP is a ‗novel feature‘ of the Indian Constitution.
 DPSPs were made non-justiciable because: Lack of financial resources for implementation +
The belief of the constitution makers on the public opinion as the ultimate sanction for the
fulfilment of these principles
 Classified into three categories– socialistic, Gandhian and liberal intellectual.
 Promoting the ideal of social and economic democracy.
 Seek to establish a ‗welfare state‘ in India.
 Constitution itself declares that ‗these principles are fundamental in the governance of the
country and it shall be the duty of the state to apply these principles in making laws‘.
 In the Minerva Mills case (1980), the Supreme Court held that ‗the Indian Constitution is founded on
the bedrock of the balance between the Fundamental Rights and the Directive Principles‘.
11. Fundamental Duties: Added by 42nd CAA of 1976 on recommendations of Swaran Singh
committee. 86th CAA of 2002 added one more fundamental duty.
12. 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.
 The term ‗secular‘ was added to the Preamble of the Indian Constitution by the 42nd
Constitutional Amendment Act of 1976.
 Secular spirit is espoused in Article 14, 16, 25, 26, 27, 28, 29, 30 and 44.
 Western concept of secularism connotes a complete separation between the religion (the church)
and the state (the politics) = negative concept

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 The Indian Constitution embodies the positive concept of secularism, i.e., giving equal respect to
all religions or protecting all religions equally.
13. Universal Adult Franchise
 Every citizen above 18 years of age has a right to vote without any discrimination of caste, race,
religion, sex, literacy, wealth and so on.
 The voting age was reduced to 18 years from 21 years in 1989 by the 61st Constitutional
Amendment Act of 1988.
14. Single Citizenship
 Indian Constitution provides for only a single citizenship, that is, the Indian citizenship.
 In USA→ each person is not only a citizen of USA, but also a citizen of the particular state to
which he belongs (Dual citizenship).
15. Independent Bodies
 The Indian Constitution not only provides for the legislative, executive and judicial organs of the
Government (Central and state) but also establishes certain independent bodies, such as:
o Election Commission to ensure free and fair elections to the Parliament, the state
legislatures, the office of President of India and the office of Vice-president of India.
o Comptroller and Auditor-General of India to audit the accounts of the Central and state
governments. He acts as the guardian of public purse and comments on the legality and
propriety of Government expenditure.
o Union Public Service Commission to conduct examinations for recruitment to all-India
services and higher Central services and to advise the President on disciplinary matters.
o State Public Service Commission in every state to conduct examinations for recruitment to
state services and to advice the governor on disciplinary matters.
16. Emergency Provisions
 National emergency on the ground of war or external aggression or armed rebellion16 (Article
352).
 State emergency (President‘s Rule) on the ground of failure of Constitutional machinery in the
states (Article 356) or failure to comply with the directions of the Centre (Article 365).
 Financial emergency on the ground of threat to the financial stability or credit of India (Article
360).
17. Three-tier Government
 73rd and 74th Constitutional Amendment Acts (1992) have added a third-tier of Government (i.e
local) which is not found in any other Constitution of the world.
 73rd Amendment Act of 1992 = Panchayats (Part IX, Schedule 11)
 74th Amendment Act of 1992=Municipalities (Part IX-A, Schedule 12)
18. Co-operative Societies
 The 97th Constitutional Amendment Act of 2011 gave a constitutional status and protection to
co-operative societies.
 It made the right to form co-operative societies a fundamental right (Article 19).
 It included a new Directive Principle of State Policy on promotion of cooperative societies
(Article 43-B).
 It added a new Part IX-B in the Constitution which is entitled as ―The Co-operative Societies‖
(Articles 243- ZH to 243-ZT).
 The new Part IX-B contains various provisions to ensure that the cooperative societies in the
country function in a democratic, professional, autonomous and economically sound manner.
19. Criticism of Indian Constitution
 Carbon Copy of the 1935 Act: N. Srinivasan stated Indian Constitution is ―both in language

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and substance a close copy of the Act of 1935‖.

 Un-Indian or Anti-Indian: K. Hanumanthaiya, a member of the Constituent Assembly,
commented, ―We wanted the music of Veena or Sitar, but here we have the music of an English
band.
20. Schedules

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CHAPTER 5: PREAMBLE OF INDIAN CONSTITUTION
1. Preamble to Indian constitution is based on the Objectives Resolution moved by Jawaharlal

Nehru in 1946.
2. The content of the objective resolution:
 India is an independent, sovereign, republic.
 India shall be a Union of erstwhile British Indian territories, Indian States, and other parts
outside British India and Indian States as are willing to be a part of the Union.
 All powers and authority of sovereign and independent India and its constitution shall flow
from the people.
 All people of India shall be guaranteed and secured social, economic and political justice;
equality of status and opportunities and equality before law;
 The territorial integrity of the Republic and its sovereign rights on land, sea and air shall be
maintained according to justice and law of civilized nations.
 The land would make full and willing contribution to the promotion of world peace and
welfare of mankind.
o Preamble was adopted on same day of the adoption of the constitution i.e. 26 November
1949.
o American constitution was the first to begin with a preamble.
3. PREAMBLE
―We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
 JUSTICE, Social, Economic and Political;
 LIBERTY of thought, expression, belief, faith and worship;
 EQUALITY of status and of opportunity; and to promote among them all;
 FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY
ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION‖.
4. Features of Preamble:
 WE, THE PEOPLE OF INDIA: Words shows source of authority that constitution derives its
authority from people of India. and not handed down to them by a king or any outside powers.
 Nature of Indian State: Sovereign, socialist, secular, democratic and republic
5. Sovereign implies that
 India is neither a dependency nor a dominion of any other nation, but an independent state.
 People have supreme right to make decisions on internal as well as external matters. No external
power can dictate the government of India.
 Though in 1949, India declared the continuation of her full membership of the Commonwealth
of Nations and accepted the British Crown as the head of the Commonwealth→ does not affect
India‘s sovereignty in any manner.
 India can either acquire a foreign territory or cede a part of its territory in favor of a foreign state.
 Socialist
o Congress party during Avadi session in 1955 adopted a resolution to establish a socialist
pattern of society.
o Wealth is generated socially and should be shared equally by society. Government should
regulate the ownership of land and industry to reduce socio-economic inequalities.
o Even before the term was added by the 42nd Amendment in 1976, the Constitution had a

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socialist content in the form of certain Directive Principles of State Policy.

o Indian brand of socialism is a ‗democratic socialism‘ and not a ‗communistic socialism‘. It is
a blend of Marxism and Gandhism but a tilt towards Gandhian Socialism.
o Democratic socialism= holds faith in a ‗mixed economy‘ where both public and private
sectors co-exist side by side.
o Communistic socialism= Nationalization of all means of production and distribution and the
abolition of private property.
o However economic reforms of 1991 diluted socialist nature of India.
 Secular
o Added by the 42nd Constitutional Amendment Act of 1976.
o Citizens have complete freedom to follow any religion. But there is no official religion.
Government treats all religious beliefs and practices with equal respect.
o The constitution not only guarantees‘ a person‘s freedom of religion but also ensures
freedom for one who has no religion.
o Supreme Court said in 1974, although the words ‗secular state‘ was not explicitly mentioned
in the Constitution, there can be no doubt that Constitution makers wanted to establish such a
state as Articles 25 to 28 (guaranteeing the fundamental right to freedom of religion) have
been included in the constitution.
o Positive concept of secularism→ all religions irrespective of their strength have the same
status and support from the state.
 Democratic
o Doctrine of popular sovereignty→ Possession of supreme power by the people.
o Direct democracy=> The people exercise their supreme power (Switzerland) → Referendum,
Initiative, Recall and Plebiscite.
o Indirect democracy= the representatives elected by the people exercise the supreme power.
o The Indian Constitution provides for representative parliamentary democracy under which
the executive is responsible to the legislature for all its policies and actions.
o Universal adult franchise, rule of law, independence of judiciary, and absence of
discrimination on certain grounds are the manifestations of the democratic character of the
Indian polity.
o The term democracy used in the preamble includes social, political and economic democracy.
o Social democracy means a while of life which recognizes liberty, equality, and fraternity –
the union of trinity.
o The SC in 1997 observed that Constitution envisions to establish social and economic
democracy.
 Republic
o Monarchy= the head of the state enjoys a hereditary position, e.g., Britain.
o Republic= the head of the state is always elected directly or indirectly for a fixed period, e.g.,
USA.
o India has an elected head called the president. He is elected indirectly for a fixed period of
five years.
o Republic means two things - Vesting of political sovereignty in the people and not in a single
individual. The absence of any privileged class and hence all public offices being opened to
every citizen without any discrimination.
 Objectives: Justice, liberty, equality, and fraternity.
o Justice
 Preamble provides Social, Economic and Political through FR and DPSP.
 Social justice = equal treatment of all citizens without any social distinction based on

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caste, colour, race, religion, sex.

 Economic justice = non-discrimination between people based on economic factors. It
involves the elimination of glaring inequalities in wealth, income, and property.
 Social justice + economic justice = ‗distributive justice‘.
 Political justice= all citizens should have equal political rights equal access to all political
offices and equal voice in the government.
 The idea of justice has been taken from Russian revolution.
o Liberty
 Absence of restraints on the activities of individuals
 Providing opportunities for the development of individual personalities.
 Preamble provides liberty of thought, expression, belief, faith, and worship through
Fundamental rights.
 Essential for the successful functioning of the Indian democratic system.
 Liberty does not mean ‗license‘ to do what one likes and must be enjoyed within the
limitations.
 The concept of liberty is not absolute.
 Absence of laws does not ensure liberty (John Locke in Second Treatise of Civil
Government, wrote: ―where there is no law, there is no freedom‖).
 The ideas of liberty are taken from French Revolution.
o Equality
 Absence of special privileges to any section of the society, and the provision of adequate
opportunities for all individuals without any discrimination.
 All are equal before the law. The traditional social inequalities must be ended. The
government should ensure equal opportunity for all.
 The preamble embraces three types of equality – civic, political and economic.
 Civic equality – Article 14, 15, 16, 17 and 18.
 Political equality – Article 325 (no person is to be declared ineligible for inclusion in
electoral rolls on grounds of religion, race, caste or sex) and Article 326 (elections to Lok
sabha and state assemblies to be on the basis of adult suffrage).
 DPSP Article 39 secures to men and women equal right to means of livelihood and equal
pay for equal work.
o Fraternity
 It means a sense of brotherhood.
 The Constitution promotes this feeling of fraternity by the system of single citizenship.
 Fraternity must assure two things–the dignity of the individual and the unity and integrity
of the nation.
 Article 51A says it shall be duty of every citizen to promote harmony and brotherhood.
 ‗Integrity‘ has been added to the preamble by the 42nd Constitutional Amendment
(1976).
 Article 1→ India as a Union of states→ states have no right to secede from the Union.
 KM Munshi held that dignity of individual does not only mean material betterment but
also that personality of every individual is sacred.
 Preamble as part of the Constitution
o Berubari Union case (1960): Where the terms used in any article are ambiguous or capable
of more than one meaning, some assistance at interpretation may be taken from the
objectives enshrined in the Preamble + The Supreme Court specifically opined that Preamble
is not a part of the Constitution.

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o Kesavananda Bharati case (1973): The Supreme Court rejected the earlier opinion and
ruled that Preamble is a part of the Constitution + Constitution should be read and interpreted
in the light of the grand and noble vision expressed in the Preamble.
o LIC of India case (1995): The Supreme Court again held that the Preamble is an integral
part of the Constitution.
 Preamble was also enacted by the Constituent Assembly but after the rest of the
Constitution was already enacted.
 The reason for inserting the Preamble at the end was to ensure that it was in conformity
with the Constitution as adopted by the Constituent Assembly.
 Non-justiciable and not enforceable, it is neither a source of power nor prohibition upon
the powers of legislature.
o Amendability of Preamble: The question whether preamble can be amended or not first
arose in Keshavananda Bharati case:
 The Supreme Court held that the Preamble is a part of the Constitution.
 Preamble can be amended, subject to the condition that no amendment is done to the
‗basic features‘ under Article 368.
 Amended only once in 1976 by the 42nd Constitutional Amendment Act→ added three
new words Socialist, Secular and Integrity–to the Preamble.

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CHAPTER 6: UNION AND ITS TERRITORY
1. Introduction: Articles 1 to 4 under Part I of the constitution deals with the Union and its territory.
Article 1 describes India, that is, Bharat as a ‗Union of States‟ rather than a ‗Federation of States‘.
2. “Union of States” has been preferred to ―Federation of States‖ for two reasons: Indian Federation
is not the result of an agreement (like American federation) + states have no right to secede from the
federation.
3. Federation is a Union because it is indestructible. The country is an integral whole and divided into
different states only for the convenience of administration.
4. Administrative system of Union Territories
Union Territories Executive Legislature Judiciary
Andaman and Lt. Governor - Under Calcutta High Court
Nicobar Islands
Chandigarh Administrator - Under Punjab and Haryana High
Court
Dadra and Nagar Administrator - Under Bombay High Court
Haveli
Daman and Diu Administrator - Under Bombay High court
Delhi (a) Lt. Governor Legislative Separate High Court
(b) Chief Minister Assembly
(c)Council of Ministers
Lakshadweep Administrator - Under Kerala High Court
Puducherry (a) Lt. Governor Legislative Under Madras High Court
(b) Chief Minister assembly
(c)Council of Ministers
5. Article 1- territory of India classified into: Territories of the states + Union territories + Territories
that may be acquired by the Government of India at any time.
 ‗Territory of India‘ – Wider expression as it includes not only the states but also union
territories and territories that may be acquired by the Government of India at any future time.
 States are the members of the federal system and share distribution of powers with the Centre.
 UTs are directly administered by central government.
 Acquired Territories – Directly administered by the Central government. Being a sovereign
state, India can acquire foreign territories by Cession, Occupation, Conquest, or Subjugation.
6. Article 2 – Relates to the admission or establishment of new states that are not part of the Union of
India + Empowers the Parliament to ‗admit into the Union of India, or establish, new states on such
terms and conditions as it thinks fit‘.
 power to admit into the Union of India new states (already in existence)
 the power to establish new states (not in existence before)
7. Article 3: Relates to the formation of or changes in the existing states of the Union of India + Deals
with the internal re-adjustment interest of the territories of the constituent states of the Union of
India.
8. Parliament‟s power to reorganize the states: Article 3 authorizes the Parliament to:
 Form a new state by separation of territory from any state or by uniting two or more states or
parts of states or by uniting any territory to a part of any state.
 Increase the area of any state.
 Diminish the area of any state.
 Alter the boundaries of any state.

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 Alter the name of any state.

9. Bill contemplating the above changes can be introduced in the Parliament only with the prior
recommendation of the President + Before recommending the bill the president has to refer the same
to the state legislature for expressing it views within time period + President (or Parliament) is not
bound by the views of the state legislature and may either accept or reject them, even if the views are
received in time.
10. The territorial integrity or continued existence of any state is not guaranteed by constitution.
‗Indestructible union of destructible states‘. While US is indestructible union of indestructible states.
11. Article 4: Laws made for admission or establishment of new states (under Art.2) and formation of
new states and alteration of areas, boundaries, or names of existing states (under Art. 3) are not to be
considered as amendments of the Constitution under Art.368. They can be passed with simple
majority.
12. Cessation of an Indian territory to foreign country does not cover under Art.3 and it can be done
only by amending constitution under Art. 368. Settlement of boundary dispute between India and
other country can be done with executive action, no need for constitutional amendment.
13. 100th CAA : Acquiring of certain territories by India and transfer of other territories to Bangladesh.
14. 7th Constitutional amendment act (1956)
 Led to creation of Zonal councils to advise on matters of common interest, statutory in origin.
 They statutory in origin.
 5 zonal councils.
 Chairman of Zonal council is Union Home Minister and Chief Ministers of the States included in
each zone act as Vice-Chairman of the Zonal Council for that zone by rotation, each holding
office for a period of one year at a time.
15. Settlement of a boundary dispute between India and another country does not require a
constitutional amendment under Article 368; can be done by executive action as it does not involve
cession of Indian territory to a foreign country.
16. 7th CAA (1956): four-fold division of state were abolished.
17. Of the 552 princely states joined India while remaining 3 - Hyderabad by means of police action
(Operation Polo) + Junagarh by means of referendum + Kashmir by the Instrument of Accession.
18. Dhar commission and JVP committee (1948)
 The integration of princely states with the rest of India has purely an ad hoc arrangement.
 SK Dhar commission recommended reorganization of states on basis of administrative
convenience rather than linguistic factor.
 JVP committee: formally rejected language as the basis for reorganization of states.
 Andhra State Act, 1953 – Formed the first linguistic state, known as the State of Andhra, by
taking out the Telugu speaking areas from the State of Madras. Kurnool was the capital of
Andhra State and the state high court was established at Guntur.
19. Fazl Ali commission
 Accepted language as the basis of reorganization of states.
 Rejected one language-one state.
 Members: Fazl Ali (chairmanship), M. Panikkar and H.N. Kunzru.
 Four major factors: Preservation and strengthening of the unity and security of the country +
Linguistic and cultural homogeneity + Financial, economic and administrative considerations +
Planning and promotion of the welfare of the people in each state as well as of the nation as a
whole.
 Abolition of four-fold classification of states under constitution.

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 By States reorganization act and 7th CAA, the distinction between Part-A and Part-B states was
done away with and Part-C states were abolished.
20. New states and Union territories created after 1956.
 Maharashtra and Gujarat- In 1960, the bilingual state of Bombay was divided into two
separate states – Maharashtra (Marathi speaking people) and Gujarat (Gujarati speaking people).
 Dadra and Nagar Haveli - The Portuguese ruled this territory until its liberation in 1954. It was
converted into a union territory of India by the 10th Constitutional Amendment Act, 1961.
 Goa, Daman and Diu- India acquired these three territories from the Portuguese by means of a
police action in 1961. They were constituted as a UTs by the 12th CAA, 1962. Goa was
conferred statehood in 1987. Consequently, Daman and Diu was made a separate union territory. 
 Puducherry: comprises the former French establishments in India known as Puducherry,
Karaikal, Mahe and Yanam. It was administered as an ‗acquired territory‘, till 1962 when it was
made a UT by the 14th CAA.
 Nagaland: In 1963, the State of Nagaland was formed by taking the Naga Hills and Tuensang
area out of the state of Assam. 
 Haryana, Chandigarh: On the recommendation of the Shah Commission (1966), in 1966, the
State of Punjab was bifurcate to create Haryana, and the UT of Chandigarh. 
 Himachal Pradesh: In 1971, the UT of Himachal Pradesh was elevated to the status of a state of
the Indian Union.
 Manipur, Tripura and Meghalaya: In 1972, the two UTs of Manipur and Tripura and the sub-
state of Meghalaya got statehood and the two UTs of Mizoram and Arunachal Pradesh (NEFA)
came into being. 
 Sikkim
o Till 1947, Sikkim was an; Indian princely state ruled by Chogyal. In 1947, after the lapse of
British paramountcy, Sikkim became a ‗protectorate‘ of India.
o Indian Government assumed responsibility for the defence, external affairs and
communications of Sikkim.
o 35th CAA (1974) : introduced a new class of statehood under the constitution by conferring
on Sikkim the status of an ‗associate state‘ of the Indian Union.
o 36th CAA (1975) was enacted to make Sikkim a full-fledged state of the Indian Union (the
22nd state).
 Mizoram, Arunachal Pradesh and Goa: In 1987, three new States of Mizoram (Mizoram
Peace Accord 1985), Arunachal Pradesh and Goa came into being states of the Indian Union. 
 Chhattisgarh, Uttarakhand and Jharkhand: In 2000, three more new States of Chhattisgarh,
Uttarakhand and Jharkhand were created out of the territories of Madhya Pradesh, Uttar Pradesh
and Bihar, respectively. 
 Telangana: In 2014, 29th state of the Indian Union.
 Jammu and Kashmir Reorganisation Act, 2019
o UT of Jammu & Kashmir – Comprises all the districts of the erstwhile State of Jammu and
Kashmir except Kargil and Leh districts
o UT of Ladakh – Kargil and Leh district

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CHAPTER 7: CITIZENSHIP
1. Introduction: Articles 5 to 11 under Part II + Constitution only identifies the persons who became
citizens of India at its commencement (January 26, 1950) + It empowers Parliament to enact a law to
provide for such matters and any other matter relating to citizenship.
2. India has two kinds of people –
 Citizens – Citizens are full members of the Indian State and owe allegiance to it; enjoy all civil
and political rights.
 Aliens – Aliens are the citizens of some other state; do not enjoy all civil and political rights.
 Enemy aliens do not enjoy protection against arrest and detention (Article 22).
3. Constitution: four categories of persons became the citizens of India at its commencement i.e., on
January 26, 1950:
A person who had his domicile in  If he was born in India; or
India and also fulfilled any one of  If either of his parents was born in India; or
the three conditions –  If he has been ordinarily resident in India for five
years immediately before the commencement of the
Constitution, became a citizen of India.
A person who migrated to India  In case he migrated to India before July 19, 1948, he
from Pakistan became an Indian had been ordinarily resident in India since the date of
citizen if he or either of his parents his migration; or
or any of his grandparents was born  In case he migrated to India on or after July 19, 1948,
in undivided India and also fulfilled he had been registered as a citizen of India. But, a
any one of the two conditions – person could be so registered only if he had been
resident in India for six months preceding the date of
his application for registration.
A person who, or any of whose He has been registered as a citizen of India by the
parents or grandparents, was born in diplomatic or consular representative of India in the
undivided India but who is country of his residence, whether before or after the
ordinarily residing outside India commencement of the Constitution. Thus, this
shall become an Indian citizen if – provision covers the overseas Indians who may want to
acquire Indian citizenship.
A person who migrated to Pakistan For this, he had to be resident in India for six months
from India after March 1, 1947, but preceding the date of his application for registration .
later returned for resettlement could
become an Indian citizen
4. Others
 No person shall be a citizen of India or be deemed to be a citizen of India, if he has voluntarily
acquired the citizenship of any foreign state.
 Every person who is or is deemed to be a citizen of India shall continue to be such citizen,
subject to the provisions of any law made by Parliament.
 Parliament shall have the power to make any provision with respect to the acquisition and
termination of citizenship and all other matters relating to citizenship.
5. Citizenship Amendment act (1955)
 Anyone born in India on or after Jan 26, 1950 up till July 1, 1987 is an Indian citizen by birth. 
 Anyone born on or after July 1, 1987 but before commencement of Citizenship (Amendment)
Act, 2003 and either of whose parents is Indian citizen at time of his birth is an Indian citizen.

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 And anyone born after the commencement of the Citizenship (Amendment) Act, 2003 and both
of whose parents are Indian citizens at the time of his birth is an Indian citizen.
 Exception: Assam where as per the 1985 Assam Accord foreigners who came to the state up to
March 24, 1971 were to be regularised as Indian citizens.
 Acquisition of Citizenship
o By Birth
 A person born in India on or after January 26, 1950 but before July 1, 1987 is a citizen of
India by birth irrespective of the nationality of his parents.
 A person born in India on or after July 1, 1987 is considered as a citizen of India only if
either of his parents is a citizen of India at the time of his birth.
 A person born in India on or after December 3, 2004 are considered citizens of India only
if both of their parents are citizens of India or one of whose parents is a citizen of India
and the other is not an illegal migrant at the time of their birth.
o By Descent
 A person born outside India on or after Jan 26, 1950 but before December 10, 1992 is a
citizen of India by descent, if his father was a citizen of India at the time of his birth.
 A person born outside India on or after December 10, 1992 is considered as a citizen of
India if either of his parents is a citizen of India at the time of his birth.
o By Registration: on an application, register as a citizen of India any person (not being an
illegal migrant) if he belongs-
 ordinarily resident in India for sevenyears
 person who is married to a citizen of India and is ordinarily resident in Indiafor 7 years
 registered as an OCI cardholder for five years, andwho is ordinarily resident in India for
twelve months before making an application for registration
 All the above categories of persons must take an oath of allegiance before they are
registered as citizens of India.
o By Naturalisation: On an application, grant a certificate of naturalization to any person (not
being anillegal migrant) if he-
 not a subject or citizen of any country where citizens of India are prevented from
becoming subjectsor citizens
 he undertakes to renounce the citizenship of Origin country in theevent of his application
for Indian citizenship being accepted
 resided in India or been in the service of GOI.
o By Incorporation of Territory
o Special Provisions as to Citizenship ofPersons Covered by the Assam Accord
 All persons of Indian origin who came to Assam before the January 1, 1966 from
Bangladesh -Who have been ordinarily residents in Assam since the date of their entry
into Assam shallbe deemed to be citizens
 Who came to Assam on or after January 1, 1966 but before March 25, 1971 from
Bangladesh and who has been ordinarily resident in Assam since the date of his entry into
Assam and who has been detected to be a foreigner shall register himself.
 Loss of Citizenship
o By Renunciation
 Any citizen of India of full age and capacity can make a declaration renouncing his Indian
citizenship
 If such a declaration is made during a war inwhich India is engaged, its registration shall
be withheld by the Central Government
 when a person renounces his Indian

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 Citizenship, every minor child of that personalso loses Indian citizenship. However, when
such a child attains the age of eighteen, hemay resume Indian citizenship
o By Termination
 When an Indian citizen voluntarily (consciously, knowingly and without duress, undue
influence or compulsion) acquires the citizenship of another country, his Indian
citizenship automatically terminates.
 does not apply during a war in which India isengaged.
o By Deprivation: It is a compulsory termination of Indian citizenship by the Central
government, if:
 the citizen has obtained the citizenship by fraud
 the citizen has shown disloyalty to theConstitution of India
 the citizen has unlawfully traded or communicated with the enemy during a war;
 the citizen has, within five years after registration or naturalization, been imprisoned in
any country for two years; and
 the citizen has been ordinarily resident out ofIndia for seven years continuously.
6. Principle of Jus soli: Also known as "right of the soil," grants citizenship to individuals based on
the location or territory where they were born.
7. Overseas Citizen of India (OCI)
 Ministry of Home Affairs defines an OCI as a person who: Was a citizen of India on or after
26th January 1950; or Was eligible to become a citizen of India on 26th January 1950; or Is a
child or grandchild of such a person, among other eligibility criteria.
 Benefits: Enter India multiple times + multipurpose lifelong visa to visit India + exempt from
registering with Foreigners Regional Registration Office (FRRO) + special immigration counters
+ can open special bank accounts in India, buy the non-farm property and exercise ownership
rights and can also apply for a PAN card.
 Limitations: No voting rights; cannot hold a government job and purchase agricultural or
farmland + cannot travel to restricted areas without government permission.
8. PIO Vs OCI

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CHAPTER 8: FUNDAMENTAL RIGHTS
1. Introduction: Fundamental rights are enshrined in Part 3 of the constitution from Articles 12 to 35;
derived inspiration from constitution of USA (Bill of rights); justiciable in nature; "Magna Carta"
of India; guaranteed to all citizens without discrimination. These rights are essential for all round
development of individuals. Part III is also called ―The Corner Stone of the Constitution‖ and
together with Part IV (DPSP) constitute ―The Conscience of the Constitution‖
2. Features
 Fundamental Rights are limitations on state. (Limited government)
 Some of them are available only to the citizens (Article 15,16,19,29 and 30)
 They are not absolute but qualified. The state can impose reasonable restrictions on them
 The fundamental rights are different from the legal rights.
 The legal rights are protected and enforced by ordinary law. On the contrary the fundamental
right is protected and guaranteed by the constitution.
 Most of them are available against the State, few against private actions (e.g.: rights against
untouchability)
 Some are negative: limit the state's authority and protect individual from states interference.
These rights demand inaction from state. For example, Article 17 and 18;
 Some are positive: Confer privileges upon people. State is obliged to do something for citizen.
For example, Article 19.
 They are justiciable→ defended and guaranteed by the Supreme Court (Article 32)
 Can be curtailed by the Parliament by a Constitutional amendment (subject to basic structure of
the constitution)
 Loosely the fundamental Rights are borrowed from Nehru Report, US Bill of Exchange, English
Bill of Rights, French Declaration of Rights of Man.
 Can be suspended during national emergency (Except Article 20 and 21).
 Limited by Articles 31A, 31B and 31C
o Article 31A: saving of laws providing for acquisition of estates etc
o Article 31B: validation of certain acts and regulations included in the 9th Schedule
o Article 31C: saving of laws giving effect to certain directive principles
 Only the Parliament can make a Law to enforce Fundamental rights. (even though most are self-
executory).
 Their application to members of armed forces, para-military, police forces, intelligence agencies
can be restricted or abrogated by Parliament (Article 33).
 Right to property deleted by 44th CAA, 1978; made a legal right under Article 300 A of the
constitution.
3. Definition of State (Article 12)
 State includes the following:
o Government and Parliament of India (Unions executive and legislative organs)
o Government and legislatures of the States
o Local Authorities (e.g. district boards, PRIs, ULBs etc)
o Other authorities, statutory or non-statutory (e.g. LIC, ONGC)
o SC: Article 12 includes even private bodies working as an instrument of the State
o The actions of these agency can be challenged in courts for violating FRs.
4. Article 13
 Provides for judicial review; all Laws that are inconsistent with or in derogation of any FR shall
be void

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 SC under Article 32 and HC's under Article 226 have the power of judicial reviews
 "Law" for the purposes of Article 13 is→ Laws enacted by legislatures, ordinances, Executive
legislation like order, bye-laws, rule- regulation or notification, Custom or usage having the force
of Laws.
 Article 13 does not define a Constitutional amendment as a Law, but SC said that a CA can be
challenged for violating an FR that forms a part of the basic structure of the Constitution
(Keshavananda Bharati case, 1973).
5. Right to Equality (Article 14 to 18)

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 Article 14: The State shall not deny to any person equality before law and equal protection of
law.
 Equality before law: British concept; means absence of privileges for any persons/sections; All
persons are equally subject to ordinary Law, administered by ordinary courts; No person is above
the Laws; Negative concept.
 Equal protection of law: American concept; Equal treatment under equal circumstances; No
discrimination while applying laws to people situated similarly; Positive concept.
 Under Article 14, class legislation is prohibited.
 But reasonable classification can be done if it is not arbitrary, artificial or evasive; Should be
based on 'intelligible differential and substantial distinction‘.
 Rule of law: Concept by British jurist AV Dicey → 3 elements
o No arbitrary power (no punishment except for breach of law)
o Equality before the Laws (all citizens to be equally subject to all Laws, administered by
ordinary courts)
o Primacy of rights of individual: constitution is the result of individual rights, not the source.
But in India, Constitution is the source of rights (Hence third principle does not apply in
India)
 Exceptions to Equality: President and Governors of India enjoy certain immunities like
o Article 361-A: freedom from
civil/criminal proceedings for
publication in a newspaper/TC/Radio
a substantially true report of any
proceedings of LS/RS or state
Legislative assemblies/councils
o Article 105: No proceedings against
MP's for what they say or how they
vote in Parliament
o Article 194: No proceedings against
MLA's for what they say or how they vote in State Legislative Assemblies/Councils
o Article 31-C: Laws made to give effect to DPSPs under the following articles cannot be
challenged for being violative of Article 14
o Article 39(b): the quotable distribution of material resources of the community for the
common good
o Article 39(c): prevention of concentration of wealth and means of production.
o Foreign rules, ambassadors, diplomats have immunity from criminal and civil proceedings
o UNO and its agencies have diplomatic immunity.
6. Article 15: Prohibition of Discrimination
 State shall not discriminate against any citizen only on grounds of religion, race, caste, sex or
place of birth.
 No citizen shall be subjected to any disability, liability, restriction or condition on grounds only
of religion, race, caste, sex or place of birth with regard to
o Access to shops, public restraints, hotels and places of public entertainments
o The use of wells, talks, bathing Ghats, roads places of public resort dedicated to the use of
general public or maintained wholly or partially by the state
o Thus, under the second provision, discrimination by both the state and private individuals is
prohibited
 Exceptions to non-discrimination:

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o Special provisions for women and children

o Special provisions for the advancement of socially and educational backward classes of
citizens or for SCs and STs regarding their admission to educational institutional, aided or
unaided by the state, except minority educational institutions (93rd CA 2005)
 Centre enacted the Central Educational Institutions (Reservation in Admission) Act 2006
to give 27% quota to OBCs under above clause.
 2008: SC directed the central government to exclude the creamy layer of OBCs while
implementing the law
o Special provision for the advancement of any economically weaker sections (EWS) of
citizens (Added by 103rd constitutional amendment act.)
o Special provision for the advancement of any EWS of citizens relate to their admission to
educational institutions including private, whether aided or unaided, other than the minority
educational institution (Added by 103rd constitutional amendment act.)
7. Article 16: Equality of Opportunity in Public Employment
 Equality of opportunity for all citizens in matter of public employment or appointment to any
office under the State.
 Citizens cannot be discriminated against on the grounds of only religion, race, caste, sex,
descent, place of birth, or residence
 Exceptions:
o Parliament can prescribe residence as a condition for some employments or appointments;
Provision as of now only for Andhra Pradesh + Reservation in favour of backward classes +
Reservation in promotion + Requirement that the incumbent of an office related to religious
or denominational institution or a member of its governing body should belong to the
relevant religion.
o Article 16(6): State can make special provision for the reservation of appointments or posts
in favour of any economically weaker sections of citizens in addition to the existing
reservation and subject to a maximum of 10% of the posts in each category."(Added by 103 rd
constitutional amendment act.)
 Note: 10% reservation under above clause shall not apply to SC, ST and OBC.
 Recently Supreme court upheld 103rd amendment and stated that reservation based only
on economic criteria does not violate the basic structure of the Constitution.

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CHAPTER 9: FUNDAMENTAL RIGHTS PART 2
1. Mandal Commission and Aftermath

 1979- Morarji Desai Government appointed 2nd Backward Classes commission under BP Mandal
under Article 340 to investigate conditions of socially and educationally backward classes and
suggest measures for their advancement.
 1980: Mandal Commission report
o Socially and educationally backward constitute 52% of the population, excluding SCs and
STs
o Recommended 27% reservation so that total reservation stays 50%
 1990: VP Singh Government declared reservation of 27% of government jobs for OBCs.
 1991: Narasimha Rao government introduced two changes
o Creamy layer clause: preference to the poorer sections among the OBCs
o 10% reservation for poorer sections of the high castes.
 1992: Mandal Case (1992) judgement (Indra Sawhney v UOI)
o Supreme Court rejected reservation of 10% for poorer sections of high caste.
o Upheld constitutional validity of 27% reservation for OBCs with certain conditions:
 Creamy layer clause
 No reservation in promotions. Any existing reservation in promotions can continue for
five years only i.e. upto 1997.
 Total reserved quota should not normally exceed 50%
 A permanent statutory body should be created to examine complaints of over- and under-
inclusion in the OBC List.
 Government actions
o Ram Nandan Committee to identify the creamy layer. Submitted its report in 1993 which was
accepted.
o National Commission for Backward Classes was established in 1993 by an act of Parliament
(102nd amendment made it constitutional- Article 338B).
o 77th CA 1995 added a new provision in Article 16 to empower State to provide reservation
in promotions under the state in favor of SCs and STs that are not adequately represented in
state services.
o 85th CA, 2001 provides for consequential seniority in case of promotion by virtue of rule of
reservation for government servants belonging to SCs and STs.
o 81st CA 2000 - Ends the 50% ceiling on reservation in backlog vacancies.
o 76th CA 1994: Tamil Nadu Reservation Act of 1994 placed in the 9th schedule. Provides for
69% reservation far exceeding the 50% ceiling.
o Based on report by National commission for Backward classes (NCBC), government in 2017
established Justice Rohini Commission under Article 340, to examine issues related to sub-
categorisation of OBCs.
o NCBC suggested dividing OBC into 3 categories:
 Extremely Backward Classes (EBC-Group A) facing social, educational and economic
backwardness even within the OBCs.
 More Backward Classes (MBC-Group B) consisting of vocational groups carrying on
with their traditional occupations.
 Backward Classes (BC-Group C) comprising of those comparatively more forward.
o According to NCBC 11 states/UTs have subcategorized OBC for reservations in state-
government owned institutions.

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2. Abolition of Untouchability (Article 17)

 Article 17 declares abolition of untouchability and enforcement of any disability arising out of
―Untouchability‖ shall be an offence punishable in accordance with law.
 Under this article government enacted, Untouchability (Offences) Act, 1955 (Now renamed as
Protection of Civil Rights act, 1955).
 It defines civil right as any right accruing to a person by reason of abolition of untouchability.
 Term untouchability not defined either in constitution nor in the act.
 It does not cover social boycott of few individuals or their exclusion from religious services etc.
 It is one of the absolute rights with no exceptions.
 Mysore High Court: Untouchability in Article 17 does not mean untouchability literally
o Means the practice of untouchability as it developed historically in the country
o The social disabilities imposed on persons due to their birth in a certain caste
o Does not cover the social boycott of a few individuals or their exclusion from religious
services.
 Under Protection of Civil Rights act (1955), offences committed on ground of untouchability are
punishable either by imprisonment up to six months or by fine up to Rs. 500 or both.
 A person convicted of untouchability is disqualified for election to the Parliament or state
legislature.
 Offences under Protection of Civil Rights act, 1955
o Preventing any person from entering a place of public worship or from worshipping inside it
o Justifying or preaching untouchability on traditional, religious or other grounds.
o Denying access to any shop, hotel or places of public entertainment
o Insulting a person belonging to a SC on the grounds of untouchability
o Refusing admission in hospitals, educational institutions or hostels established for public
benefit
o Refusing to sell goods or render services to any person
 Article 17 is available against private individuals.
3. Abolition of Titles (Article 18)
 Prohibits the state from conferring titles on any person, except military and academic titles
 Prohibits Indian citizens from accepting titles from any foreign state
 A foreigner holding an office of profit or trust under the Indian state cannot accept any titles
from foreign governments without the consent of the President
 No person or foreigner holding an office of profit of trust under the state can accept any present,
emolument or office from a foreign state without the consent of the President
 Exceptions: 1954: National Awards instituted→ Bharat Ratna, Padma Vibhushan, Padma
Bhushan and Padma Sri + Janata Party government discontinued them in 1977 + Indira Gandhi
government revised them in 1980.
 1996: SC upheld their constitutional validity
o Ruled that Article 18 only prohibits hereditary tiles of nobility like Maharaja, Raja, etc.
o And the national awards should not be used a suffixes or prefixes to names of awardees.
4. Right to Freedom: Articles 19-22 contain the right to freedom which is considered as the heart of
the Indian Constitution as it gives the basic and vital rights to the citizens of India.
 Article 19(1) provides that all citizens shall have the right-
o To freedom of speech and expression;
o To assemble peaceably and without arms;
o To form associations or unions or co-operative societies;
o To move freely throughout the territory of India;

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o To reside and settle in any part of the territory of India;

o To acquire, hold and dispose of property (Repealed)
o To practice any profession or to carry on any occupation, trade or business.
 These rights are protected only against state action and not private individuals + available only to
citizens and to shareholders of a company, but not to foreigners or legal persons.
 Right to acquire, hold and dispose of property was deleted by 44th CAA of 1978.
 Freedom of Speech and Expression: SC held it implies the following:
o Right to propagate one‘s views as well as views of others.
o Freedom of Press
o Right against tapping of telephonic conservation
o Right against bundh called by political party
o Freedom of silence
o Right against imposition of pre-censorship on a newspaper
o Right to demonstration or picketing but not right to strike
o Reasonable restrictions (Article 19(2)): Sovereignty and integrity of India, security of state,
friendly relations with foreign states, public order, decency or morality, contempt of court,
defamation and incitement to an offence.
 Supreme court on Freedom of speech and expression
 No additional restrictions other than those which are permissible under Article 19(2) of Indian
constitution can be imposed on free speech of public functionaries.
 Fundamental right under Article 19 and 21 can be enforced even against persons other than the
State or its instrumentalities.
 Expanding its scope, the Supreme court in TATA PRESS V. MTNL (1995) case, declared that
the right to "commercial speech" or advertisement is part of the fundamental right to freedom
of speech and expression guaranteed by Article 19(1)(a).
 Freedom of Assembly
o Includes right to hold public meetings, demonstrations and take out processions.
o Can be exercised only on public land
o Assembly must be peaceful and unarmed
o It does not include right to strike
o Reasonable restriction: sovereignty and integrity of India and public order
o Section 144 of CrPC: Magistrate can restrain an assembly, meeting or procession if there is
risk of obstruction to human life, health or safety or a disturbance of public tranquility.
o Section 141 of IPC: Assembly of five or more persons becomes unlawful if object is to resist
execution of any law or legal process; forcibly occupy the property of some person.
 Freedom of Association
o It includes the right to form (and not to form) political parties, companies, partnership firms,
societies, clubs, organisations, trade unions or anybody of persons.
o It also covers negative right of not to form or join an association or union.
o Reasonable restrictions: Sovereignty and integrity of India, public order and morality.
o Right to obtain recognition of association is not a fundamental right.
 Freedom of Movement
o It has two dimensions, viz, internal (right to move inside the country) (article 19) and
external (right to move out of country and right to come back to the country) (article 21).
o Reasonable restrictions: Interests of general public and protection of interests of any
scheduled tribe.
 Freedom of residence

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(Revision Notes)
o The right of outsiders to reside and settle in tribal areas is restricted to protect the distinctive
culture and customs of scheduled tribes and to safeguard their traditional vocation and
properties against exploitation.
o Right to residence and right to movement are complementary to each other.
 Freedom of Profession
o All citizens have the right to carry on any trade or profession/occupation, provided the trade
or occupation is not illegal or immoral.
o Also, the law does not prevent the State from making laws related to technical or professional
qualifications required for practicing the occupation or trade.
o The state is not required to justify its monopoly.
o It doesn‘t include the right to carry on a profession that is immoral (trafficking in women or
children) or dangerous (harmful drugs or explosives, etc.).
 Protection in respect of conviction for offences
o Article 20→ protection against arbitrary and excessive punishment to an accused person
whether citizen or foreigner or legal person like a company or corporation.
o No ex-post-facto law - No person shall be convicted of any offense except for violation of a
law in force at the time of the commission of the act charged as an offence, not be subjected
to a penalty greater than that which might have been inflicted under the law in force at the
time of the commission of the offense.
o No double jeopardy - No person shall be prosecuted and punished for the same offense
more than once.
o No self-incrimination - No person accused of any offense shall be compelled to be a witness
against himself.
o A civil liability or a tax can be imposed retrospectively.
o Protection under the provision cannot be claimed in case of preventive detention or
demanding security from a person.
o Protection against double jeopardy is not available in proceedings before departmental or
administrative authorities as they are not of judicial nature.
o Protection against self-incrimination extends to both oral evidence and documentary
evidence.
 Protection of life and personal liberty
o Article 21 declares that no person shall be deprived of his life or personal liberty except
according to procedure established by law.
o It is available to both citizens and non-citizens.
o Gopalan case (1950)→ Protection under Article 21 is available only against arbitrary
executive action and not from arbitrary legislative action.
o Menaka case (1978)→ Right to life and personal liberty of a person can be deprived by a law
provided the procedure prescribed by that law is reasonable, fair and just.
o Rights included under Article 21
 Right to live with human dignity; Right to the decent environment including pollution-
free water and air and protection against hazardous industries.
 Right to livelihood; Right to shelter; Right to health; Right to free education up to 14
years of age; Right to free legal aid; Right against solitary confinement; Right to a speedy
trial; Right against custodial harassment; Right to emergency medical aid; Right to timely
medical treatment in a government hospital; Right of women to be treated with decency
and dignity; Right against public hanging; Right of appeal from a judgment of
conviction; Right to social security and protection of the family; Right to social and
economic justice and empowerment; Right to sleep; Right to freedom from noise

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(Revision Notes)
pollution; Right to electricity and Right to Privacy.

 Right to Privacy: Right to Privacy refers to respecting and ensuring the privacy of the
individual. It is not explicitly mentioned in the Constitution.
 SC declared right to privacy a fundamental right under the constitution overruling
SC‘s past 2 judgements in MP Sharma case (1954) and Kharak Singh case (1961).
 The apex court ruled that right to privacy is an intrinsic part of Right to Life and
Personal Liberty under Article 21 and entire Part III of the Constitution.
 The judgment reconciles Indian laws with the spirit of Article 12 of UDHR (1948)
and Article 17 of the International Covenant on Civil and Political Rights (ICCPR),
1966.
 Significance of Right to Privacy: Prevent the government from spying on people,
keep groups from using personal data for their own goals, help maintain social
boundaries, help build trust, protect freedom of speech and thought, protect
reputations and protect your finances.
 Important SC judgements relating to Article 21
 In the case of Unni Krishnan v. State of Andhra Pradesh, the Supreme court
provided the list of some of the rights covered under Article 21. Some of them are
right to go abroad; right to education; right against solitary confinement; right
to shelter; right against custodial death; right against public hanging.
 In Paschim Banga Khet Mazdoor Samity vs State of West Bengal case of 1996,
Supreme Court ruled that Article 21 also includes the Right to Health and directed
the West Bengal government to pay compensation as well as to come up with a
blueprint for primary health care with reference to treatment of patients during an
emergency.
 In Subramaniam Swamy vs UOI judgement, the apex court held that the reputation
of an individual is a basic element under Article 21 of the Constitution. Further in
Om Prakash Chautala vs Kanwar Bhan case, a good reputation is considered as an
element of personal security and is protected by the constitution and thus inseparable
facet of Right to life.
 In Chameli Singh v. State of U.P., a bench of three Judges of Supreme Court had
considered and held that the right to shelter is a fundamental right available to
every citizen and it was read into Article 21 of the Constitution of India as
encompassing within its ambit, the right to shelter to make the right to life more
meaningful.
 Right to Education (Article 21A): Free and compulsory education to all children in the age
group of 6-14 years + Added by 86th constitutional amendment act.
 Protection against arrest and detention (Article 22)
o Grants protection to persons who are arrested or detained
o Detention is of two types: punitive detention and preventive detention
o Punitive detention: after trial and conviction + Preventive detention: without trial and
conviction.
o Article 22 has two parts: First part deals with punitive detention cases of ordinary law +
Second part deals with cases of preventive detention law.
 Article 22 covers only criminal and quasi-criminal acts, or activity prejudicial to public
interest.
 Does not cover arrest under the orders of a court, civil arrest, arrest on failure to pay the
income tax, and deportation of an alien.

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o Article 22 authorizes the Parliament to prescribe the cases under which a person can be
detained for more than three months under preventive detention law without the opinion of
an advisory board
o Parliament and state legislature can both make laws regarding preventive detention for
security of the state, the maintenance of public order and the maintenance of supplies and
services essential to the community.
o Parliament enacted certain laws which provide for preventive detention: Code of Criminal
Procedure, Narcotic Drug and Psychotropic Substance Act (NDPS) 1985, Unlawful
Activities (Prevention) Act etc. permit Preventive Detention
o Criminal Procedure Code (CrPC) of India also provides for Preventive detention under
Section 151. According to Section 151 of CrPC police are empowered to make preventive
arrests if they believe they must do so to prevent commission of ―any cognisable offence‖
o 44th CA 1978 has reduced this period to two months, but this provision has not been
enforced yet
Ordinary Law Preventive Detention Laws
 Right to be informed of the grounds of  Detention of a person cannot exceed 3 months
arrest. unless advisory board consist of HC judges
 Right to consult and be defended by a reports sufficient cause for extended detention
legal practitioner.  The grounds of detention should be
 Right to be produced before a communicated to the detenu
magistrate within 24 hour excluding the  Detenu should be afforded an opportunity to
journey time. make representation against detention order.
 Right to be released after 24 hours Ground of Preventive detention
unless the magistrate authorises further (Both Parliament and state legislatures can make
detention. a law of preventive detention)
Not available to an enemy alien or a person  Security of State
arrested or detained under a preventive  Maintenance of supplies and essential services
detention law. and defence
 Foreign affairs or security of India
5. Right against Exploitation
 Prohibition of Traffic in Human Beings and Forced Labour (Article 23)
o Article 23 prohibits traffic in human beings, begar (forced labour)
o Available to citizens and non-citizens
o Available against the State and private persons
o Traffic in human beings means→ Selling and buying of humans Like goods; Immoral traffic
in women and children including prostitution; devadasis and Slavery.
o To prevent this, Parliament enacted the Immoral Traffic (Prevention) Act 1956.
o Begar means compulsory work without remuneration.
o Article 23 also prohibits similar forms of forced labour like bonded labour.
o Forced Labour: compelling someone to work against his will; Force means Physical or
legal force.
o Exception to Article 23: State can impose compulsory service for public purposes Ø Like
military or social service for which it is not bound to pay.
o In imposing compulsory service, the State cannot make discrimination on the grounds only of
religion, race, caste or class
 Prohibition of Employment of Children in Factories (Article 24)
o Prohibits employment of children below age of 14 years in any factory, mine or other

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hazardous activities
o Does not prohibit their employment in innocent or harmless work
o To enforce this FR, the Parliament enacted the Child Labour (Prohibition and Regulations)
Act in 1986
o Many other Acts also uphold Article 24 i.e. The Employment of children Act, 1938; The
Factories Act, 1948; The Mines Act, 1952; The Merchant Shipping Act, 1958; etc.
o In 1996: SC mandated the establishment of Child Labour Rehabilitation Welfare Fund.
o Offending employer has to deposit Rs. 20,000 fine for each child employed by him
o Commissions for Protection of Child Rights Act 2005
o Establishes a National Commission and State Commissions for Protection of Child Rights
and Children‘s courts.
o Children's Courts provide for speedy trials against offences of violating child rights or
otherwise involving children
o In 2006, the government banned the employment of children as domestic servants or workers
in business establishments like hotels, dhabas, restaurants, shops, factories, resorts, spas, tea-
shops.
o Child Labour Amendment (2016): Prohibits employment of children below 14 years in all
occupations and processes. It also prohibits employment of adolescents (14 to 18 years) in
certain hazardous occupations and processes.
6. Right to Freedom of Religion (Article 25-28)
 Freedom of conscience and free profession, practice and propagation of religion (Art.25)
o All persons have the right to freedom of conscience, and the right to freely profess, practice
and propagate religion.
o Freedom of conscience: Inner freedom to every individual to freely shape her relationship
God or spirituality in the way she desires
o Right to profess: to declare one‘s religious beliefs and faith openly
o Right to practice: to perform religious rituals, worship ceremonies etc
o Right to propagate: to transmit and share religious ideas and beliefs
o Article 25 covers not only religious beliefs but also religious practices.
o Reasonable restrictions: Public order, morality, health and other provisions relating to FRs.
 Freedom to manage religious affairs (Article 26)
o Every religious denomination or its sections has the freedom to manage its own affairs
o It can establish and maintain institutions for religions and charitable purposes
o It can own and acquire movable and immovable property
o It has the right to administer such property in accordance with laws
o Article 25: individual rights
o Article 26: Protects collective freedom of religion.
o Reasonable restrictions: public order, morality and health
 Freedom from taxation for promotion of a religion (Article 27)
o No person shall be compelled to pay taxes for the promotion or maintenance of any particular
religion or religious denomination
o The State cannot spend public money on promoting/ maintaining any religion
o But taxes can be used for the promotion/maintenance of all religions
o The State cannot patronize one religion over the other
o Only prohibits taxes, not levy or fees
o Fees is collected for the secular administration of religious institutions, not
promotion/maintenance
 Freedom from attending religious instruction in schools (Article 28)

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o No religious instruction shall be provided in an educational institution wholly maintained out

of State funds.
o Not applicable to educational institutions administered by the State, but established under
any endowment or trust which require the imparting of religious instruction
o If persons attend educational institutions recognised or funded by the State, they shall not be
required to attend any religious instruction without their consent
o Article 28 distinguishes between four kinds of educational institutions
 Institutions wholly maintained out of State funds: No religious instruction is permitted
 Institutions administered by the State but established under any endowment or
trust: Religious instruction is permitted
 Institutions recognized by the State: Religious instruction is permitted on a voluntary
basis.
 Institutions receiving aid from the State: Religious instruction is permitted on a
voluntary basis
7. Cultural and Educational Rights
 Protection of interests of Minorities (Article 29)
o Any section of citizens of India have a right to conserve their distinct language, script and
culture.
o No citizen can be denied admission into any educational institution maintained by the state or
o receiving aid from the State on grounds only of religion, race, caste or Language
o Article 29 grants protection to both religious minorities as well as linguistic minorities.
 Rights of Minorities to establish and administer educational institutions (Article 30)
o Article 30 grants the following rights:
 Right to establish and administer educational institutions of their choice.
 Compensation by the State for acquisition of their property (44th CAA 1978)
 The compensation amount fixed by the State for the compulsory acquisition of any
property
 Non-discrimination by the State when granting aid to educational institutions managed by
a minority.
o The term minority, has not been defined in the Constitution
o Article 30 includes right of a minority to impart education to its children in own language.
o There are 3 kinds of minority educational institutions:
 Those that seek recognition and aid from the state
 Those that seek only recognition from the State, not aid
 Those that seek neither recognition nor aid from the State
 The first two can be regulated by the state with regard to syllabus, academic standards
etc.
8. Right to Constitutional remedies (Article 32)
 Right to remedies for the enforcement of the fundamental rights of an aggrieved citizen
 The right to get Fundamental Rights protected is protected itself as a fundamental right
 Dr BR. Ambedkar: Article 32 is the heart and should of the Constitution/ the most important
article
 Supreme Court: a basic feature. Hence, cannot be abridged or taken away even by the way of
an amendment to the constitution.
 Provisions under Article 32:
o Right to move to SC for enforcement of FRs
o SC can issue writs to enforce FRs

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o Parliament can empower other courts to issues directions, order and writs of all kinds.
 Without prejudice to the powers conferred on the SC
 Does not apply to HCs, as they already have this powers under Article 226
o Right to move to SC shall not be suspended except as otherwise provided for by the
Constitution + President can suspend it during a national emergency.
o Thus, SC given position of the defender and guarantor of the fundamental rights of the
citizens.
 Purpose of Article 32: Guaranteed, effective, expedious, inexpensive and summary remedy for
the protection of fundamental rights.
o Can only enforce FRs guaranteed by the Constitution, and not any other rights.
o To enforce FRs, jurisdiction of the SC is original but not exclusive. HCs can also enforce
FRs, but citizens can move directly to the SC.
o However, SC has ruled that where relief through HC is possible, aggrieved party should first
move to a High court.
9. Writs – Types and Scope
 Supreme court: Article 32; High Courts: Article 226
 Article 32: Parliament can empower any other court to issue writs, no such provision made yet.
 Difference between writ jurisdictions of SC and HCs:
o SC: only for enforcement of FRs and HC for FRs and ordinary legal rights
o SC: against persons/government throughout the territory of India and HC: against
persons/government within its territorial jurisdiction
o Only outside if the cause of action arises within its territorial jurisdiction.
o SC cannot refuse to exercise its writ jurisdiction as remedy under Article 32 is a FR and HC:
writ jurisdiction is discretionary.
o Thus, SC is thus constituted as a defender and guarantor of fundamental rights.
 Habeas Corpus
o Latin term: to have the body of.
o Order by a court to a person who has detained another person, to produce the body of the
latter before it; court then examines legality and cause of detention
o This writ is a bulwark of individual liberty against arbitrary detention
o Can be issued against public authorities and private individuals
o Not issued if the detention is lawful, proceeding is for contempt of a legislature of a court,
detention is by a competent court and detention is outside jurisdiction of court.
o In ADM Jabalpur vs Shivakant Shukla case, Supreme Court ruled that a person's right to not
be unlawfully detained (i.e. habeas corpus) can be suspended in the interest of the State.
 Prohibition
o Means to forbid
o Issued by a higher court to a lower court or tribunal
o Prevents lower courts/tribunals from exceeding jurisdiction or usurping a jurisdiction that it
does
o not possess directs inactivity (unlike mandamus, which directs activity)
o not available against administrative authorities, legislative bodies and private individuals or
bodies
 Certiorari
o Means to be certified, or to be informed
o Issued by a higher court to a Lower court, tribunal or against administrative authorities
affecting the rights of individuals

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o But not against legislative bodies and private individuals or bodies

o The Court issuing the writ can transfer a case pending with the lower court/tribunal to itself,
or squash the order of the latter in a case
o It is both preventive and curative, unlike Prohibition, which is only preventive.
 Mandamus
o It means ―we command‖
o Issued by a court
o To a public official asking him to perform his official duties that he has failed to or refused to
do
o perform or against a public body corporation, an inferior court, a tribunal or government, for
the same purpose
o Cannot be issued→ Against a private individual or body + To enforce departmental
instructions without statutes force + For discretionary duties + To enforce contractual
obligations + Against the President of India or state governors + against chief justice of a HC
acting in judicial capacity.
 Quo Warranto
o It means ―by what authority or warrant‖
o Issued by a court to inquire into the legality of claim of a person to a public office
o Prevents illegal usurpation of public office by a person
o Cannot be issued against ministerial or private offices, only against substantive public office
of a permanent character created by a law or the Constitution
o Can be sought by any interested person, and not necessarily by the aggrieved person.
10. Armed Forces and Fundamental Rights
 Article 33: Parliament can restrict or abrogate the FR of members of the armed forced,
paramilitary forces, police forces, intelligence agencies and analogous forces
 Only Parliament can make such a law
 Laws cannot be challenged in court on grounds of contravention of FR
 Such laws can cover non-combatant employees of armed forces like barbers, cooks etc.
 Laws can exclude court martials from the writ jurisdiction of the SC and HC as far as
enforcement of FR is concerned.
11. Martial Law Vs National Emergency
Martial Law National Emergency
Affects only Fundamental Rights Affects not only FR, Centre State Relations,
Distribution of Revenue and Legislative Powers
Suspends Government and Ordinary Continues Government and Ordinary Law Courts
Law Courts
Imposed in some specific area of Country Imposed either in whole country or in part of it
No specific provision in the constitution Has detailed provisions in the constitution.
12. Martial law and Fundamental rights
 Article 34
o Restrictions on FR while martial law is enforced in any area of India
o Parliament can indemnify any government servant or any other person for any act does by
her in connection with the maintenance or restoration of order where martial law was
enforced.
o Parliament can validate any sentence passed, punishment inflicted, forfeiture ordered or other
act done under martial laws in such area
o Martial Law is not defined in the Constitution

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o Martial Law refers to a situation where civil administration is run by the military.
o During operation of Martial law, military authorities impose restrictions and regulations on
rights of civilians, can punish the civilians and even condemn to death.
o Supreme Court: Declaration of martial Law does not automatically mean the suspension of
the writ of habeas corpus.
13. Effecting certain Fundamental Rights (Article 35)
 Article 35 lays down that power to make laws, to give effect to certain specified FRs shall vest
only in Parliament and not in State legislatures.
 Ensure uniformity throughout India with regard to those FRs.
 Parliament shall have power to make laws with respect to following matters:
o Article 16: prescribing residence as a condition for certain employments or appointments in
a state or UT or Local authority or other authority
o Article 32: empowering courts other than the SC and HCs to issue directions, orders and
writes of all kinds for the enforcement of FRs
o Article 33: Restricting or abrogating the application of FRs to members of the armed forces,
police forces, etc.
o Article 34: Indemnifying any government servant or any other person for any act done
during the operation of martial Law in any area
 Only Parliament, and not state legislatures, can prescribe punishments for those acts that are
declare to be offences under the FRs:
o Article 17: Untouchability
o Article 23: traffic in human beings and forced labour
o Parliament has to enact Laws on these Fundamental rights.
14. Present position of Right to Property
 Originally, the right to property = dealt by Article 19(1) (f) and Article 31.
 44th CAA, 1978→ abolished Right to property; inserted a new Article 300A under ‗Right to
Property‘.
 According to Article 300A of the Indian Constitution, "no person shall be deprived of his
property save by authority of law. As this right is mentioned in constitution, it is a constitutional
and legal right.
 It provides that no person shall be deprived of his property except by authority of law.
 Right to property remains a legal right or a constitutional right; it is not a part of basic structure
of the constitution.
 Right to private property: The Supreme Court held that a citizen‘s right to own private
property is a human right and the state cannot take possession of it without following due
procedure and authority of law; it referred to an earlier verdict in State of Haryana v. Mukesh
Kumar case (2011) wherein it was held that the right to property is not only a constitutional or
statutory right but also a human right. The state cannot trespass into the private property of a
citizen and then claim ownership of the land in the name of ‗adverse possession.
15. Exceptions to Fundamental Rights: Article 31A, Article 31B & Article 31C
 Article 31A
o Saves five categories of Laws from beings challenged and invalidated on the ground of
contravention of FRs conferred by Article 14 and Article 19. They are related to agricultural
lands reforms, industry and commerce and include
 Acquisition of estates and related rights by the state
 Taking over the managements of properties by the State
 Amalgamation of corporations

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 Extinguishment or modification of rights of directors or shareholders of corporations

oDoes not immunize a state from judicial review unless an Act under it has been reserved for
the President's consideration and has received her assent.
o Compensation has to be paid at market value when the state acquires that land held by a
person under her personal cultivation, and the land is within the statutory ceiling limit.
 Article 31B
o Saves acts and regulations in the 9th Schedule from being challenged and invalidated on
grounds of contravention of FRs.
o Scope of Article 31B is wider than that of Article 31A.
o Jan 2007 SC: there cannot be any blanket immunity from Judicial review
o Judicial review under the 9th Schedule is a part of the basic structure of the Constitution;
laws put under the 9th Schedule after April 24, 1973 are open to challenge in court
 Article 31C
o Inserted by 25th CAA 1971
o No Law that seeks to implement that socialistic DPSPs of Article 39(b) and 39(c) shall be
void on the contravention of FRs under Article 14, or 19.
o No Law containing a declaration that it is for giving effect to such policy shall be questioned
on the ground that it does not give effect to such policy.
o 42nd CA 1976 tried to extend the first part of the article to include all DPSPs and not just
Article 39 b and c.
o Declared as unconstitutional and invalid by the Supreme Court in the by the Minerva Mills
case (1980).
 Rights outside Part III [Constitutional rights' or legal rights' or non-fundamental rights]
o Article 265: No tax shall be levied or collected except by authority of Law. (Part XII)
o Article 300A: No person shall be deprived of his property save by authority of Law. (Part XII)
o Article 301: Trade, commerce and intercourse throughout the territory of India shall be free.
(Part XIII).
o Article 326: Right to vote in elections is an important constitutional right. However, Article
326 (Part XV) provides for universal adult suffrage but does not specifically mention the
right to vote.
o In case of violation of these rights, the aggrieved can move the HC by an ordinary suit or
under Article 226 (writ jurisdiction of High court).

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CHAPTER 10: DIRECTIVE PRINCIPLES OF STATE POLICY
1. Introduction: DPSPs are enumerated in Part IV of the constitution from Articles 36 to 51. It was
borrowed from Irish constitution which had copied it from Spanish constitution. Dr. BR Ambedkar
described these principles as ‗novel features‘ of Indian constitution. Granville Austin described
DPSPs and FR‘s as conscience of the constitution.
2. Features of Directive Principles
 These are constitutional instructions to the state in legislative, executive, and administrative
matters.
 Resemble the Instrument of Instructions of the Government of India Act 1935
 Article 36: Definition of state (same as definition under Article 12)
 Article 37: DPSPs are fundamental in the governance of the country.
 It is the duty of the State to apply DPSPs while making laws→ moral obligation on the state to
apply DPSPs.
 Aimed at achieving justice, equality, and fraternity.
 Embody the concept of welfare state; seeks to establish economic and social democracy.
 Non-justiciable and legally non-enforceable
 Courts use DPSP's to determine the constitutional validity of a laws→ If court finds that law in
question seeks to give effect to Directive principle, it may consider such law to be reasonable in
relation to Article 14 or Article 19 and thus save such law from unconstitutionality.
3. Classification of Directive Principles
 The Constitution does not contain any classification of Directive Principles.
 Based on their content and direction, classified into three broad categories, viz, socialistic,
Gandhian, and liberal-intellectual.
 Socialistic Principles
o Article 38: To promote the welfare of the people by securing a social order permeated by
justice–social, economic, and political–and to minimize inequalities in income, status,
facilities, and opportunities.
o Article 39: To secure
 The 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 health and strength of workers and children against forcible abuse
 Opportunities for healthy development of children (Added by 42nd CA 1976)
o Article 39A: To promote equal justice and to Provide free legal aid to the poor (Added by
42nd CA 1976)
o Article 41: To secure the right to work, to education, and to public assistance in cases of
unemployment, old age, sickness, and disablement.
o Article 42: To make provision for just and humane conditions of work and maternity relief.
o Article 43: Living wage, a decent standard of life and social and cultural opportunities for all
workers.
o Article 43A: secure the participation of workers in the management of industries (Added by
42nd CA 1976)
o Article 47: To raise the level of nutrition and the standard of living of people and to improve
the public health.
 Gandhian Principles

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o Article 40: To organize village panchayats.

o Article 43: To promote cottage industries on an individual or co-operation basis in rural
areas.
o Article 43B: To promote voluntary formation, autonomous functioning, democratic control
and professional management of cooperative societies.
o Article 46: To promote the educational and economic interests of SCs, STs and other weaker
sections of the society.
o Article 47: To raise the level of nutrition and the standard of Living of people and to
improve public health; prohibit the consumption of intoxicating drinks and drugs which are
injurious to health.
o Article 48: prohibit the slaughter of cows, calves and other mulch and draught cattle and to
improve their breeds.
 Liberal Intellectual principles
o Article 44: uniform civil code
o Article 45: early childhood care and education for all children until six years
o Article 48: Organize agriculture and animal husbandry on scientific lines.
o Article 48A: To protect and improve the environment and to safeguard forests and wildlife;
added by 42nd CA 1976
o Article 49: To protect monuments, places, and objects of artistic or historic interest.
o Article 50: To separate the judicial from the executive in the public services of the state.
o Article 51: To promote international peace and security + foster respect for international
Laws and treaty obligations + encourage settlement of international disputes by arbitration.
 New Directive Principles
o 42nd Constitutional Amendment, 1976 added-
 Article 39: Secure opportunities for healthy development of children
 Article 39A: To provide free legal aid to the poor.
 Article 43A: Participation of workers in the management of Industries.K1M
 Article 48A: To protect and improve the environment.
o 44th Constitutional Amendment, 1978 inserted Section-2 to Article 38 which declares that;
―The State shall strive to minimize economic inequalities in income and eliminate
inequalities in status, facilities, and opportunities.
o 86th Amendment Act of 2002 changed the subject matter of Article 45 and made
elementary education a fundamental right under Article 21 A.
o 97th CAA 2011- Promote voluntary formation, autonomous functioning, democratic control,
and professional management of cooperative societies (Article 43B)
 Criticism of Directive Principles
o No Legal Force
o Illogically Arranged
o Conservative
o Constitutional Conflict
 Utility of Directive Principles
o They are like an ‗Instrument of Instructions‘ or general recommendations addressed to all
authorities in the Indian Union.
o They have helped the courts in exercising their power of judicial review.
o They form the dominating background to all State action, legislative or executive and a guide
to the courts in some respects.
o They amplify the Preamble, which solemnly resolves to secure to all citizens of India justice,
liberty, equality, and fraternity.

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 Conflict between Fundamental rights and DPSPs

o FR: justiciable; DPSPs: non-justiciable, but morally binding (Article 37)
o 1951: Champakar Dorairajan case→ FR prevails over DPSP in cases of conflict; but
Parliament can amend Fundamental rights.
o 1967: Golaknath case→ Parliament cannot abridge FR to implement DPSPs, FR are
sacrosanct + Parliament's response→ 24th CA 1971: Parliament can abridge FR by CA + 25 th
CA 1971 inserted a new Article 31C which contains-
 No law which seeks to implement DPSPs in Article 39(b) and (c) shall be void on ground
of contravention of FR conferred by Article 14, 19 or 31.
 No law containing a declaration for giving effect to such policy shall be questioned in
any court on ground that it does not give effect to such a policy.
o 1973: Keshavananda Bharati case: Judicial review is a basic feature of the Constitution,
cannot be abridged by Constitutional amendments. Thus point (b) of the 25th CA 1971 is
invalid.
o Later 42nd CA 1976 tried to expand Point (b) of the 25th CA to include all DPSPs and not
just Article 39 (b) and (c).
o 1980: Minerva Mills case- FRs conferred by Articles 14 and 19 were accepted as
subordinate to DPSPs specified in Article 39(b) and (c); Indian constitution founded on
bedrock of balance between FRs and DPSPs.
o Article 31 (Right to Property) was abolished by 44th CAA (1978).
Cases/Acts Fundamental rights v DPSP Amenability by Parliament
Champakam Dorairajan Case FR > DPSP Yes
Golaknath Case- (1967). FR > DPSP No
24th Amendment Act DPSP > FR Yes
Kesavananda Bharathi Case FR>DPSP Subject to Basic structure
(1973)
42th Amendment Act DPSP>FR Yes
Minerva Mills Case - (1980) There is a balance between Yes, without violating basic
FR and DPSP structure doctrine
 Implementation of Directive Principles
o Through 5-year plans, which aimed towards socio-economic justice and reducing
inequalities.
o Through Laws (Central and State)
o Article 39: Equal pay for equal work for men and women [Equal Remuneration Act (1976)]
o Article 42: To make provision for just and humane conditions of work and maternity relief
[Maternity Benefits (Amendment) Act (2016)]
o Article 40: To organize village panchayats and endows them with necessary powers and
authority to enable them to function as units of self-government (73rd CA 1992)
o Legal Services Authorities act (1987) → nation-wide network to provide free and
competent legal aid to poor and organize Lok Adalat for promoting equal justice.
o Wildlife protection act 1972 and Forest conservation act 1980.
o Similarly, states have made various laws to implement DPSPs like Land reform laws.
 Directives Outside Part IV
o Article 335: (Part XVI)- Claims of SCs and STs to services
o Article 350A: (Part XVII)- Instruction in mother tongue
o Article 351: (Part XVII)- Development of Hindi language
o These are also non-justiciable in nature, equal importance and attention by judiciary.

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 Debate on Uniform civil code:

o UCC refers to same set of civil laws applicable to all citizens of India in their personal
matters such as marriage, divorce, custody, adoption and inheritance.
o Supreme Court in Shaha Bano case held that Parliament should look into the possibility for
common civil code to facilitate national harmony and equality before law. Also SC in Sarla
Mudgal case reiterated need for UCC.
o Currently different religious communities are governed by personal laws codified over years
through various pieces of legislation. For example: Hindu personal law is codified in four
bills: Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act,
and Hindu Adoptions and Maintenance Act. (Term ‗Hindu‘ also includes Sikhs, Jains and
Buddhists for purpose of these laws.)
o Some Muslim personal law are expressly recognised in India in acts such as Shariat
Application Act and Dissolution of Muslim Marriages Act.
o Some secular laws: Special Marriage Act: under which Inter-religion marriages take place,
and Guardians and Wards Act: which establishes the rights and duties of guardians.
o Goa is, at present, only state in India with a UCC.
o Portuguese Civil Code,1867 continues to be implemented after India annexed the territory in
1961, irrespective of religion or ethnicity of community. However, Portuguese Code is not
completely a UCC.

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CHAPTER 11: FUNDAMENTAL DUTIES
1. Introduction: The original constitution contained only the fundamental rights and not fundamental
duties. The Fundamental Duties added with the 42nd CA 1976. In 2002, through 86th CAA 2002,
one more FD was added.
 Part IV-A added containing Article 51-A
 Rights and duties of the citizens are correlative and inseparable,
 Inspired by USSR
 Other major democracies do not list FDs in their constitutions (like Germany, USA etc.)
 Japanese Constitution (only democracy) = contains a list of duties of citizens.
2. Swaran Singh Committee recommendations (1976)
 Though it suggested 8 FDs, 42nd CAA included 10 FDs.
 Committee recommended the inclusion of a separate chapter on fundamental duties.
 Not Accepted
o Penalty/punishment for non-observance of FDs.
o These laws cannot be declared unconstitutional for abridging FRs or infringing on other
provisions of the Constitution.
o Duty to pay taxes a FD.
3. List of Fundamental Duties (Article 51-A)
 To abide by the Constitution, respect its ideals, National Flag, and the National Anthem
 To cherish noble ideals that inspired the national struggle for freedom.
 protect the sovereignty, unity, and integrity of India.
 To defend the country and render national service when called upon to do so.
 spirit of common brotherhood and to renounce practices derogatory to the dignity of women.
 To value and preserve the rich heritage of the country's composite culture
 To protect and improve the natural environment including forests, lakes, rivers, and wildlife and
to have compassion for Living creatures.
 To develop scientific temper, humanism and the spirit of inquiry and reform
 To safeguard public property and to abjure violence.
 To strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavor and achievement.
 To provide opportunities for education to his child or ward between the age of six and fourteen
years. (86th CA 2002)
4. Features of Fundamental Duties
 Some of them are moral duties while others are civic duties.
 They refer to such values which have been a part of the Indian tradition, mythology, religions,
and practices.
 confined to citizens only and do not extend to foreigners.
 fundamental duties are non- justiciable.
5. Significance of Fundamental Duties
 Serve as a reminder to the citizens that while enjoying their rights, they should also be conscious
of duties they owe to their country.
 Warning against the antinational and antisocial activities
 Serve as a source of inspiration for the citizens and promote a sense of discipline and
commitment.
 Remind citizens of their necessity in achieving national goals.

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 Help courts in examining constitutional validity of laws: if a law seeks to give effect to FD, then
it may consider law reasonable in relation to Article 14 and 19.
 They are enforceable by law→ Parliament can provide for imposition of appropriate penalty or
punishment for failure to fulfill any of them.
6. Verma Committee Observations
 Identified the existence of legal provisions for the implementation of some of the Fundamental
Duties. They are mentioned below:
 The Prevention of Insults to National Honor Act (1971) prevents disrespect to the Constitution of
India, the National Flag, and the National Anthem
 Various criminal laws in force providing punishment for encouraging enmity.
 The Protection of Civil Rights Act (1955) provides for punishments for offences related to caste
and religion.
 The Indian Penal Code (IPC) declares the imputations and assertions prejudicial to national
integration as punishable offences.
 The Unlawful Activities (Prevention) Act of 1967
 The Representation of People Act (1951) provides for the disqualification of members of the
Parliament or a state legislature for indulging in corrupt practices or promoting enmity.
 The Wildlife (Protection) Act of 1972 prohibits trade in rare and endangered species.
 The Forest (Conservation) Act of 1980 checks indiscriminate deforestation and diversion of
forest land for non-forest purposes.

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CHAPTER 12: AMENDMENT OF THE CONSTITUTION
1. Introduction: Like any other written Constitution, the Constitution of India also provides for its
amendment to adjust itself to the changing conditions and needs. Neither flexible nor rigid.
 Article 368 in Part XX: Power of the Parliament to amend the Constitution and procedure.
 Parliament can add, change, or repeal any provision of the Constitution in accordance with the
procedure.
 Keshavananda Bharati case (1973): Parliament cannot amend the basic structure of the
Constitution.
2. Procedure for Amendment
 For an amendment, a bill needs to be initiated in either House of the Parliament
 Cannot be initiated in a State legislature.
 Both private members and minister can initiate a CA bill
 Does not require prior permission of the President.
 Should pass in each house with a special majority; More than 50% of all members, and more
than 2/3 of those present and voting.
 No provision of a joint sitting.
 Half of the states need to ratify that bill with simple majority in case it intends to amend a federal
provision.
 After passed, presented to the President, who must give his assent (24th CA 1971) cannot
withhold the bill, or return it for reconsideration.
 After the Presidents assent, the Constitution stands amended.
3. Types of Amendments: Constitution can be amended in three ways-
 Amendment by simple majority of the Parliament. (not deemed to be amendments under Article
368)
 Amendment by special majority of the Parliament,
 Amendment by special majority of the Parliament and the ratification of half of the state
legislatures.
4. By Simple Majority of Parliament
 Such amendments are not considered amendments for the purposes of Article 368
 For example, in the Lok Sabha, out of the total strength of 545, suppose 45 were absent and 100
abstained from voting. This means, only 400 members were present and voting. In this case, the
simple majority needed is 201 (50% + 1).
 Can be used for the following provisions:
o Admission or establishment of new states.
o Formation of new states and alteration of areas, boundaries, or names of existing states.
o Abolition or creation of legislative councils in states.
o Second Schedule–emoluments, allowances, privileges and so on of the president, the
governors, the Speakers, judges, etc.
o Quorum in Parliament
o Salaries and allowances of the members of Parliament.
o Rules of procedure in Parliament.
o Privileges of the Parliament, its members, and its committees.
o Use of English language in Parliament.
o Number of puisne judges in the Supreme Court.
o Conferment of more jurisdiction on the Supreme Court.
o Use of official language.

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o Citizenship–acquisition and termination.

o Elections to Parliament and state legislatures.
o Delimitation of constituencies.
o Union territories.
o Fifth Schedule–administration of scheduled areas and scheduled tribes.
o Sixth Schedule–administration of tribal areas.
5. By Special Majority of Parliament
 Special Majority according to Article 368
o This refers to a majority of 2/3rd members present, and voting supported by over 50% of the
total strength of the House.
o This is chiefly used for most of the Constitution Amendment Bills. Passing a constitutional
amendment bill which does not affect federalism. The provisions that can be amended – FR,
DPSP.
o Instances where this type of majority is used other than Article 368:
 Removing judges of the Supreme Court or High Court.
 Removing the Comptroller and Auditor General of India (CAG) or the Chief Election
Commissioner (CEC).
 National emergency Resolution by the State Legislature for the abolition or creation of
the Legislative Council.
 Special Majority according to Article 368 + 50% state ratification by a simple majority
o This type of majority is needed when a constitutional amendment tries to change the federal
structure.
o No time limit in which the states must respond. Once affirmative response of half the states is
received, the response of the rest of the states does not matter (whether negative, positive, or
withheld)
o E.g., The bill that introduced the National Judicial Appointments Commission. It needed the
support of at least 15 state legislatures out of the 29 states.
o Provisions that can be amended in such a way:
 Election of the President and its manner
 Executive and legislative power of the Union and the States
 Supreme Court and High Courts
 Distribution of legislative powers between Union and States
 7th Schedule
 Representation of states in Parliament
 Article 368 itself
6. Absolute Majority
 This refers to a majority of more than 50% of the House‘s total membership.
 This means that in the Lok Sabha, the absolute majority is 273. (50% more than 545, the total
membership of the Lok Sabha).
 This majority is never used anywhere but has a huge significance. If a political party has an
Absolute Majority, it means it gets to form the govt., there is stability in the house.
7. Effective Majority
 This refers to a majority of more than 50% of the effective strength of the House.
 For example, in the Lok Sabha, out of the total strength of 545, suppose 5 are vacant seats. This
means, the effective strength of the House is (545 – 5) = 540. In this case, the effective majority
is 270.
 Note: No. of Vacancies. Vacancies arise due to 3 reasons – Death, Disqualification, Resignation.

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Some sources mention Absenteeism as a vacancy but that is incorrect.

 In the Constitution, an effective majority is mentioned as ―all the then members‖.
 Instances where an effective majority is needed:
o Removal of the Deputy Chairman in the Rajya Sabha (Article 67(b)).
o Removal of the Deputy Speaker of the Lok Sabha and the State Legislatures.
 Special Majority according to Article 61: This refers to a majority of 2/3rd of the total strength
of the House. This is used in the case of impeachment of the President of India
 Special Majority according to Article 249
o This refers to a majority of 2/3rd members present and voting.
o This is used to pass a Rajya Sabha resolution to empower the Parliament to make laws in the
State List.
8. Criticisms – Amendment Procedures of the Constitution: The critics have criticized the
amendment procedure of the Constitution on the following grounds:
 There is no provision for a special body like Constitutional Convention (as in the USA) or
Constitutional Assembly for amending the Constitution. The constituent power is vested in the
Parliament and only in few cases, in the state legislatures.
 The power to initiate an amendment to the Constitution lies with the Parliament. Hence,
unlike in the USA, the state legislatures cannot initiate any bill or proposal for amending the
Constitution except in one case, that is, passing a resolution requesting the Parliament for the
creation or abolition of legislative councils in the states. Here also, the Parliament can either
approve or disapprove such a resolution or may not take any action on it.
 A major part of the Constitution can be amended by the Parliament alone either by a special
majority or by a simple majority. Only in a few cases, the consent of the state legislatures is
required and that too, only half of them, while in the USA, it is three-fourths of the states.
 The Constitution does not prescribe the time frame within which the state legislatures
should ratify or reject an amendment submitted to them. Also, it is silent on the issue of
whether the states can withdraw their approval after according the same.
 There is no provision for holding a joint sitting of both the Houses of Parliament if there is a
deadlock over the passage of a constitutional amendment bill. On the other hand, a provision for
a joint sitting is made in the case of an ordinary bill.
 The process of amendment is similar to that of a legislative process. Except for the special
majority, the constitutional amendment bills are to be passed by the Parliament in the same way
as ordinary bills.
 They leave a wide scope for taking matters to the judiciary.
9. Constitutional amendment procedure in USA: The amendment in USA can be initiated by both
Centre and States.
 Amendment by centre:
o Amendment can be initiated by any house (House of representatives/ Senate)
o For centre to amend constitution it has to be amended by majority of 2/3rd present and voting.
o The amendment is then sent to state. For amendment to come in effect, it mut be ratified by
3/4th of the states.
 Amendment by states:
o States can call for convention by 2/3rd majority and call Congress for amendment.
o The procedure to amend the constitution is very rigid and hence USA‘s Constitution has been
amended only 27 times since it was drafted in 1787, including the first 10 amendments
adopted four years later as the Bill of Rights.

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CHAPTER 13: BASIC STRUCTURE OF THE CONSTITUTION
1. Introduction: Question whether Fundamental Rights can be amended by the Parliament under
Article 368 came for consideration of SC within a year of the constitution coming into force.
2. Shankari Prasad case (1951)
 Constitutional validity of the First Amendment Act (1951), which curtailed the right to property,
was challenged.
 SC = power of the Parliament to amend the Constitution under Article 368 also includes the
power to amend Fundamental Rights
 Word ‗law‘ in Article 13 includes only ordinary laws and not the constitutional amendment acts
 Parliament can abridge or take away any of the Fundamental Rights by enacting a constitutional
amendment act and such a law will not be void under Article 13.
3. Golak Nath Case (1967)
 17th CA: included more acts in the 9th Schedule, removing them from the scope of judicial
reviews
 Supreme Court: FRs are transcendental and immutable; Parliament cannot abridge them.
Constitutional Amendments are laws under Article 13.
 Parliament‟s reaction: 24th CA 1971 + Amended Article 13: CA not a Law under the
definition of Article 13 + Amended Article 368: Parliament has the power to take abridge/take
away Fundamental rights.
4. Keshavananda Bharati Case (1973)
 SC overruled its Golaknath judgement.
 Upheld 24th CA: Parliament can abridge FRs.
 Created the doctrine of 'basic structure'/basic features‘.
 Parliament cannot alter this basic structure under Article 368
5. Indira Nehru Gandhi case (1975)
 Doctrine of basic structure applied by the Supreme Court
 Invalidated a provision of the 39th Amendment Act (1975) which kept the election disputes
involving the Prime Minister and the Speaker of Lok Sabha outside the jurisdiction of all courts.
6. Parliament‟s reaction:
 42nd CA 1976→ amended Article 368 and declared that there is no limitation on the constituent
power of the Parliament to amend the constitution.
 Amendments cannot be judicially reviewed.
7. Minerva Mills Case (1980)
 Judicial Review is a basic feature of the constitution & the parliament cannot abridge it .
 Parliament has a limited power to amend the constitution. It can‘t use the limited powers to give
itself unlimited powers.
8. Waman Rao case (1981)
 The basic structure doctrine to apply to all CAs enacted after 24th April 1973, i.e. after the
Keshavananda Bharati Judgement.
9. Elements of the Basic structure:
 There are no fixed elements as such under the Basic Structure of the Constitution.
 The Supreme Court is yet to define and clarify it.
 From the various judgements, the following have emerged as ‗basic features‘ of the Constitution.
o Supremacy of the Constitution
o Sovereign, democratic, and republican nature of the Indian polity

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o Secular character of the Constitution

o Separation of powers between the legislature, the executive and the judiciary
o Federal character of the Constitution (SR Bommai)
o Unity and integrity of the nation
o Welfare state (socio-economic justice)
o Judicial review
o Freedom and dignity of the individual
o Parliamentary system
o Rule of law
o Harmony and balance between Fundamental Rights and Directive Principles (Minerva Mills)
o Principle of equality
o Free and fair elections
o Independence of Judiciary
o Limited power of Parliament to amend the Constitution.
o Effective access to justice
o Principles (or essence) underlying fundamental rights.
o Powers of the Supreme Court under Articles 32, 136, 141 and 142
o Powers of the High Courts under Articles 226 and 227

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CHAPTER 14: PARLIAMENTARY SYSTEM
1. Introduction: The Constitution of India provides for a parliamentary form of government both at the
Centre and in the States. Articles 74 and 75 deal with parliamentary system at the Centre and Articles 163
and 164 in the states. Executive is responsible to legislature for its policies and acts.
 India = parliamentary form of government
 Democratic governments = parliamentary and presidential
 The relationship between the executive and the legislature is the basis for classification of
democracies as parliamentary or presidential.
 Presidential: executive is independent
 Parliamentary: executive is responsible to the legislature
 Parliamentary: Cabinet government, responsible government, Westminster model, prime
ministerial government. Eg: Britain, Japan, Canada, India
 Presidential: non-responsible, non-parliamentary, fixed executive system. Eg: USA, Brazil,
Russia, Sri Lanka.
 In India, the Council of Ministers is collectively responsible to the Lok Sabha.
 Collective responsibility → CoM has joint responsibility for their actions towards Lok Sabha.
Even if a decision has been taken by a single minister, under the principle of collective
responsibility the whole council of ministers has responsibility for it.
2. Features of Parliamentary government
 Nominal and Real Executives: Nominal: de jure, titular (President) + Real: de facto (Prime
Minister) + Article 74 → advice of the council of ministers, led by the Prime Minister is binding
on the President.
 Majority Party Rule: The party which secures majority seats in the Lok Sabha forms the
government + Leader of that party is appointed as the Prime Minister by the President + Other
ministers are appointed by the President on the advice of the prime minister.
 Collective Responsibility: Ministers are collectively responsible to the Lok Sabha (Article 75) +
They can be removed if the Lok Sabha passes a vote of no-confidence.
 Political Homogeneity: Members of the council of ministers usually belong to the same political
party; in case of coalition government, ministers are bound by consensus.
 Double Membership: Ministers are members of both the executive and the legislature +
Minister who is not a member of the Parliament for a period of six consecutive months ceases to
be minister.
 Leadership of the Prime Minister: Prime Minister plays the leadership role in this system of
government + leader of council of ministers, leader of the Parliament and leader of the party in
power.
 Dissolution of the Lower House: Dissolution of the Lok Sabha before the end of its term +
Possible on recommendation of the Prime Minister to the President + The executive enjoys the
right to get the legislature dissolved in a parliamentary system.
 Secrecy: The ministers operate on the principle of secrecy of procedure + Ministers take an oath
of secrecy before entering office, administered by the President + They cannot divulge
information about their proceedings, policies, and decisions.
3. Features of American Presidential Government
 American President is both the head of the State and head of government.
 President is elected by an electoral college for a fixed tenure of 4 years; cannot be removed by
congress except by impeachment.
 Kitchen cabinet→ advisory body and consists of non-elected departmental secretaries.

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 President and his secretaries (Ministers) are not responsible to congress for their acts; neither
possess membership in congress nor attend its sessions.
 President cannot dissolve the house of representatives.
 Doctrine of separation of powers
4. Merits of Parliamentary system:
 Better coordination between the executive and the legislation
 Responsible government
 Prevent authoritarianism
 Ready alternative government
 Participatory and inclusive decision-making.
 Representation of different groups
 Flexibility
5. Demerits of Parliamentary System
 Unstable government
 No continuity of policies
 Dictatorship of cabinet
 Against separation of powers→ Cabinet acts as leader of legislature as well as executive.
 Government by amateurs
 No decentralization
 Failure to make quick decisions.
6. Comparing Parliamentary and Presidential Systems
Parliamentary System Presidential System
Features Features
 Dual Executive  Single executive
 Majority part rule  President and legislators elected separately for fixed term
 Collective responsibility  Non responsibility
 Political homogencity  Political homogeneity may exist
 Double membership  Single member ship
 Leadership of prime minister  Domination of president
 Dissolution Lower House  No dissolution of Lower House
 Fusion of powers  Separation of powers
Merits Demerits
 Harmony between legislature  Conflict between legislature and executive
and executive  Non-responsible government
 Responsible government  May lead to autocracy
 Prevents despotism  Narrow representation
 Wide representation
Merits Demerits
 Unstable government  Stable government
 No continuity of policies  Definiteness in policies
 Against sepration of powers  Based on separatino of powers
 Government by amaterus  Government by experts
7. Reasons for adoption of Parliamentary form of government :
 Preference to more responsibility
 Nature of Indian society
 Avoidance of Legislative and executive conflicts

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 Familiarity with the system

8. Distinction between Indian and British Models
Indian Model British Model
Republican system (President is Elected) Monarchial system (King or Queen – Hereditary
position)
Parliament is not supreme due to written Sovereignty of Parliament
constitution and federal system.
PM can be member of any of two houses of PM should be member of lower house
Parliament
Person not a member of Parliament can also be Members of Parliament alone appointed as
appointed as minister for maximum period of 6 Ministers.
months.
Ministers are not required to countersign Legal responsibility of minister
official acts of Head of state
No shadow cabinet Shadow cabinet

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CHAPTER 15: FEDERAL SYSTEM
1. Introduction: A Unitary government is one in which all the powers are vested in national
government and regional governments, if at all exist, derive their authority from national
government. A federal government is one in which all powers are divided between national
government and regional governments by constitution itself and both operate independently.
2. Unitary government: all powers vested with the national government.
 If regional governments exist, then they derive their authority from the national government.
 Examples: Britain, France, Japan, China, Italy, Belgium, Norway, and Sweden
 Single government; Constitution may be written or unwritten (British); no division of powers;
Constitution may be supreme or may not be supreme (British); Constitution may be rigid or
flexible (British); independent or non-independent judiciary; Legislature may be bicameral
(British) or unicameral.
3. Federal government: Powers are divided between the national and the regional government by the
Constitution itself.
 Example: USA, Switzerland, Australia, Canada, Russia, Brazil, and Argentina.
 Dual govt; written constitution; division of powers; supremacy of constitution; independent
judiciary; bicameral legislature.
4. Comparing features of Federal and Unitary governments – Already Discussed in Salient
Features of Indian Constitution
5. Federation can be of two types –
 Several weak states coming together (USA) and
 A big unitary state converted into federation by granting autonomy to states (Canada and India).
6. The term federation is used nowhere in the constitution. The phrase Union of states in Article 1 is
preferred over federation of states as – it is formed in the way of disintegration and that states have
no right to secede from the federation.
7. Indian federal system is based on the Canadian model and not on the American model.
8. Critical Evaluation of Federal System
 The Constitution of India has deviated from the traditional federal systems like US, Switzerland
and Australia
 Incorporated many unitary or non-federal features, tilting the balance of power in favour of the
Centre.
 In Bommai case (1994), the Supreme Court laid down that the Constitution is federal and
characterized federalism as its ‗basic feature‘.
 The following trends in the working of Indian political system reflects its federal spirit:
o Territorial disputes between states
o Disputes between states over sharing of river water
o The emergence of regional parties and their coming to power in states
o The creation of new states to fulfil the regional aspirations.
o Demand of the states for more financial grants from the Centre to meet their developmental
needs.
o Assertion of autonomy by the states and their resistance to the interference from the Centre
o Supreme Court‘s imposition of several procedural limitations on the use of Article 356
(President‘s Rule in the States) by the Centre.

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CHAPTER 16: INTER-STATE RELATIONS
1. Introduction: The Constitution makes the following provisions with regard to inter-state comity:
 Adjudication of inter-state water disputes.
 Coordination through inter-state councils.
 Mutual recognition of public acts, records and judicial proceedings.
 Freedom of inter-state trade, commerce and intercourse
 Zonal councils are established by Parliament to promote inter-state cooperation and coordination.
2. Inter-State Water Disputes
 Article 262 of the Constitution provides for the adjudication of inter-state water disputes.
o Parliament may by law provide for the adjudication of any dispute with respect to the use,
distribution and control of waters of any inter-state river and river valley
o Parliament may also provide that neither SC nor any other court is to exercise jurisdiction in
respect of any such dispute or complaint
 Under Article 262, the Parliament has enacted two laws
o The River Boards Act 1956→ Provides for establishment of river boards for the regulation
and development of interstate river and river valleys + Central government can establish a
river board on the request of the states concerned.
o Inter-State Water Disputes Act 1956→ Empowers the Central government to set up an ad
hoc tribunal for the adjudication of a dispute between two or more states in relation to the
waters of an inter-state river or river valley + Tribunal must give its decision within three
years, which may be extended by two years. + The decision of the tribunal is to be final and
binding (decision has the same force as that of an order of the Supreme Court).
o Inter-State River Water Disputes (Amendment) Bill, 2019
 When a state puts in a request regarding any water dispute, the central government will
set up a Disputes Resolution Committee (DRC)
 DRC will seek to resolve the dispute through negotiations, within one year (extendable
by six months), and submit its report to the central government.
 If a dispute cannot be settled by the DRC, the central government will refer it to the Inter-
State River Water Disputes Tribunal. Such referral must be made within three months
from the receipt of the report from the DRC.
 Tribunal must give its decision within two years, which may be extended by another year.
 Decision of the Bench of the Tribunal will be final and binding

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3. Inter-State Councils
 Article 263: Provisions with respect to Inter-State Councils
 The President can establish such a council if at any time it appears to him that the public interest
would be served by its establishment
 Article 263 specifies the duties that can be assigned to it in the following manner:
o Enquiring into and advising upon disputes which may arise between states;
o Investigate subjects in which states or Centre and the states have a common interest; and
o Making recommendations upon any such subject, and particularly for the better co-ordination
of policy and action on it
4. Establishment of Inter-State Council
 The Sarkaria Commission on Centre-State Relations strongly recommended the establishment of
a permanent Inter-State Council under Article 263 of the Constitution.
 It consists of Prime minister as Chairman + Chief ministers of all the states + Chief ministers of
union territories having legislative assemblies + Administrators of union territories not having
legislative assemblies + Governors of States under President‘s rule + Six Central cabinet
ministers, including the home minister, to be nominated by the Prime Minister.
 Council is recommendatory body.
 Council may meet at least thrice in a year, but since its first meeting in 1990, it met only 11 times
 All questions are decided by consenus, and it is assisted by Inter-state council secretariat.
5. Public acts, records and judicial proceedings
 The jurisdiction of each state is confined to its own territory.
 Thus, acts of one state may not be recognised in another
 To avoid such confusions, the Constitution has a ‗Full Faith and Credit‘ clause (Article 261)
 Full faith and credit is to be given throughout the territory of India to public acts, records and
judicial proceedings of the Centre and every state,
o "Public acts" includes both legislative and executive acts of the government
o "Public record" includes any official book, register or record made by a public servant in the
discharge of his official duties
 The manner in which and the conditions under which such acts, records and proceedings are to
be proved and their effect determined would be as provided by the laws of Parliament.
 Final judgements and orders of civil courts in any part of India are capable of execution
anywhere within India without the necessity of a fresh suit upon the judgement.
6. Inter-State Trade and Commerce
 Articles 301-307; Part XIII
 Article 301 declares that trade, commerce and intercourse throughout India shall be free
 not confined to interstate trade, commerce and intercourse but also extends to intra-state trade,
commerce and intercourse
 Article 301 → freedom from all restrictions, except those which are provided for in other
provisions (Articles 302 to 305) of Part XIII of Constitution itself. These are explained below:
o Power of the Parliament to impose restrictions on trade, commerce and intercourse between
states or within a state in public interest
o Legislature of a state can impose reasonable restrictions on freedom of trade, commerce and
intercourse with that state or within that state in public interest. But, a bill for this purpose
can be introduced in legislature only with the previous sanction of the president.
 State legislature can impose on goods imported from other states or UTs to any tax to which
similar goods manufactured in that state are subject.

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 The parliament or state legislature can make laws for carrying on any trade, business, industry or
service, whether to the exclusion, complete or partial, of citizens or otherwise.
7. Zonal Councils
 The Zonal Councils are the statutory (and not the constitutional) bodies.
 They are established by an Act of the Parliament, that is, States Reorganisation Act of 1956.
 The act divided the country into 5 zones i.e. Northern, Central, Eastern, Western and Southern
and provided a zonal council for each zone
 Factors of consideration while forming zones:
o The natural divisions of the country
o The river systems and means of communication
o The cultural and Linguistic affinities
o Requirements of economic development
o Security and Law and order
 Each zonal council consists of the following members:
o Home minister of Central government.
o chief ministers of all the States in the zone
o Two other ministers from each state in the zone.
o Administrator of each union territory in the zone.
 Advisors of zonal councils (without the right to vote):
o A person nominated by the Planning Commission (now NITI Aayog)
o Chief Secretary of each state government in the zone
o Development commissioner of each state in the zone
 Home Minister of central government is common chairman of 5 zonal councils. Each chief
minister acts as a vice-chairman of council by rotation, holding office for 1 year at a time.
8. North-Eastern Council
 North- Eastern Council was created by separate Legislation: North- Eastern Council Act of 1971
 Members: Assam, Manipur, Mizoram, Arunachal Pradesh, Nagaland, Meghalaya, Tripura and
Sikkim
 Functions are similar to those of the zonal councils
 Few additional functions: Formulate a unified and coordinated regional plan covering matters
of common importance + Review periodically the measures taken by the member' states for
maintenance of security and public order in the region.
Zonal Councils at a Glance

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CHAPTER 17: EMERGENCY PROVISIONS
1. Introduction: The Emergency provisions are contained in Part XVIII of the constitution from
Articles 352 to 360.
2. Article 352 defines the term Cabinet as the council of the PM and other ministers of cabinet rank.
3. Objective: Enabling the Central government to meet any abnormal situation + to safeguard
sovereignty, unity, integrity and security of the country, democratic political system and the
constitution.
4. Converts the federal structure into a unitary one without formal amendment of the
constitution.
5. Constitution stipulates three types of emergencies:
 National Emergency: Article 352. Grounds: war, external aggression, armed rebellion + The
constitution employs expression ‗proclamation of emergency‘ to denote an emergency of this type +
1st proclamation of emergency during China's attack on India (October 1962- January 1968)
 State emergency/Presidents‟ rule / State emergency / Constitutional emergency: Article 356:
failure of the Constitutional machinery in states + Article 365: failure to comply with the
directions of the Centre. The constitution does not use the word ‗emergency‘ for this situation.
 Financial emergency: Article 360: threat to the financial stability or credit of India,
6. National Emergency
o Grounds of Declaration
 Under Article 352, President can declare emergency on the grounds of war, External
aggression, or armed rebellion (44th CA 1978; earlier 'internal disturbances') + Danger of war
or armed rebellion, even not the actual occurrence of it, is enough to make proclamation.
 It may be applicable to the entire country or only a part of it.
 Originally constitution mentioned internal disturbance as the third ground, due to vagueness
44th CAA substituted it for armed rebellion. 1975 emergency was called on ground of
internal disturbance.
 42nd CAA enabled president to limit the operation of a National Emergency to a specified
part of India.
 President must receive a written recommendation of the Cabinet to declare emergency (44th
CAA, 1978).
 38th Amendment Act of 1975 made the declaration of a National Emergency immune from
the judicialreview (deleted by the 44th Amendment Act of 1978).
 Minerva Mills case (1980)- Proclamation can be challenged on ground of malafide or that
declaration was based on extraneous and irrelevant facts or is absurd or perverse.
o Parliamentary Approval and Duration
o The proclamation must be approved by both Houses of Parliament within one month fromthe
date of its issue.
o Earlier two months, changed by the 44th CA.
o If Lok Sabha is dissolved when proclamation of emergency happens, then it can approve it
within one month after re-constitution, if the RS has approved it in the meantime.
o If approved, continues for 6 months.
o Needs to be approved every six months (44th CA 1978)
o Can be reapproved as many times as the Parliament wants.
o If the dissolution of the Lok Sabha takes place during the period of six months without
approving the furthercontinuance of Emergency, then the proclamation survives until 30 days

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from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has
in the meantime approved its continuation.
o Every resolution approving the proclamation of emergency, or its continuance must be passed by
either House of Parliament by a special majority (introduced by 44th CAA 1978).
o Revocation of Proclamation
o By President at any time by subsequent proclamation without Parliamentary approval.
o If the LS passes a resolution disapproving the Emergency, then the President must revoke it.
(44th CA 1978).
o 44th CA 1978: If 1/10 of Lok Sabha members give a written notice to the Speaker (President
if House not in session), then a special sitting of the House to be held within 14 days.
o Disapproval only needs concurrence of the LS, unlike approval, which needs both Houses.
o Resolution for disapproval: Passed by Lok Sabha only; adopted by simple majority. (The
44th constitutional amendment requires ten percent or more Lok Sabha members to share an
application for and in the meeting of the Lok Sabha)
o Resolution approving continuation of proclamation: Needs to be passed by both houses of
parliament; needs to be adopted by a special majority.
o Effects of National Emergency
o Effect on the Centre-State Relations
 Executive: Centre can give executive directions to the State regarding any matter + State
governments not suspended, but brought under the complete control of the Central
government.
 Legislative: Parliament empowered to make laws on any subject in the State list + State
governments can continue making laws, but their laws can be overridden by the
Parliament + It will suspend the distribution of legislative powers between Union and
State + Laws made by Parliament on state subjects become inoperative six months after
emergency has ceased to operate + Parliament can convert powers or duties upon the
Union executive regarding any matter of state list + President can issue ordinances on
state subjects also if the Parliament is not in session + 42 nd CAA- two consequences
mentioned above (executive and legislative) extends not only to a state where the
Emergency is in operation but also to any other state.
 Financial: President can modify the constitutional distribution of revenues between the
centre and the states (subject to approval by Parliament) + Such modification continues
till the end of the financial year in which the Emergency ceases to operate.
o Effect on the Life of the Lok Sabha and State Assembly
 Life of Lok Sabha may be extended beyond its normal term (five years) by a law of
parliament for one year at a time.
 Extension cannot continue beyond 6 months after emergency ceased to operate.
 Parliament can also extend the term of any state legislative assembly for one year at a
time; subject to a maximum period of 6 months after emergency ceased to operate.
o Effect on the Fundamental Rights
 Article 358: suspension of rights under Article 19 during emergency
 Article 359: suspension of other Fundamental rights, except those under Article 20 and 21
 Suspension of Fundamental Rights under Article 19: Article 358: when a proclamation of
national emergency is made, the six Fundamental Rights under Article 19 are
automatically suspended.
 No separate order for their suspension is required.
 Rights under Article 19 can be suspended only when National emergency is declared on
grounds of external aggression or war, not on grounds of armed rebellion (44th CA 1978)

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 Only those laws which are related to the Emergency are protected from being challenged,
not other laws.
 When emergency ends, Article 19 is automatically revived.
 When national emergency ceases to operate, Article 19 automatically revives and come
into force. No remedy lies for anything done during Emergency even after emergency
expires.
 Suspension of other Fundamental Rights: Article 359: President to suspend right to
move any court for enforcement of FRs; FRs as such are not suspended but only their
enforcement.
 44th Amendment Act of 1978 restricted the scope of Article 359 in two ways:
President cannot suspend the right to move the Court for the enforcement of fundamental
rights guaranteed by Articles 20 to 21 + Only those laws which are related with the
emergency are protected from being challenged and not other laws and the executive
action taken only under such a law, is protected.
o Distinction Between Articles 358 and 359
Article 358 Article 359
Article 358 is confined to Fundamental Article 359 extends to all those Fundamental
Rights under Article 19 only. Rights whose enforcement is suspended by the
Presidential Order.
Article 358 automatically suspends the Article 359 does not automatically suspend any
fundamental rights under Article 19. Fundamental Right.
Article 358 operates only in case of Article 359 operates in case of both External
External and not in Internal Emergency. Emergency as well as Internal Emergency.
Article 358 suspends FRs under Article 19 Article 359 suspends the enforcement of FRs for
for entire duration of Emergency. a period specified by the president
Article 358 extends to the entire country. Article 359 may extend to the entire country or a
part of it.
Article 358 suspends Article 19 completely. Article 359 does not empower the suspension of
the enforcement of Articles 20 and 21.
Article 358 enables the State to make any Article 359 enables the State to make any law or
law or take any executive action take any executive action inconsistent with those
inconsistent with Fundamental Rights under Fundamental Rights whose enforcement is
Article 19 suspended by the Presidential Order.
 Declarations made so far: proclaimed three times so far–in 1962, 1971 and 1975.
 Shah commission to investigate the circumstances that warranted the declaration in 1975 was
appointed.
7. President‟s Rule/State Emergency or Constitutional Emergency
o Grounds of Imposition: Article 355: Centre has a duty to ensure that the government of every
state is run in accordance with Constitution.
 Article 356: Centre can take over a state government on grounds of failure of constitutional
machinery.
 Article 365: Whenever a state fails to comply with or to give effect to any direction from the
Centre.
o Parliamentary approval: Proclamation must be approved by both the houses of Parliament
within 2 months from date of its issue + If Lok Sabha is dissolved at the time of proclamation, it
can approve it within 30 days of reconstitution if the Rajya Sabha has approved it in the
meantime + Every approval and continuation needs a simple majority.

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o Duration: If approved by both the houses of Parliament, continues for six months; can be
extended for a maximum period of 3 years with approval of Parliament every six months + 44 th
CAA: Beyond one year, President‘s rule can be extended by 6 months at a time only when two
conditions are fulfilled:
o National Emergency should be operation in whole of India, or in the state, or in any part of
the state
o Election Commission must certify that such resolution is necessary due to the difficulties in
holding general elections to the legislative assembly of the state concerned.
 Revocation: By the President at any point of time; does not need Parliamentary approval.
 Consequences of President‟s Rule: President's extraordinary powers during P. rule-
o He can take up the functions of the state government and powers vested in the governor or
any other executiveauthority in the state.
o He can declare that the powers of the state legislature are to be exercised by the Parliament.
o He can take all other necessary steps including the suspension of the constitutional provisions
relating to anybody or authority in the state.
 President can dismiss the state C.O.M headed by Chief Minister.
 State governor on behalf of President carries on state administration with help of chief secretary
of the state or advisors appointed by President.
 The President either suspends or dissolves the state legislative assembly. The Parliament passes
the statelegislative bills and the state budget.
 When the state legislature is thus suspended or dissolved:
o Parliament can delegate the power to make laws for the state to the President or to any other
authorityspecified by him in this regard.
o Parliament, the President or any other specified authority can make laws conferring powers
and imposingduties on the Centre or its officers and authorities,
o President can authorize, when the Lok Sabha is not in session, expenditure from the state
consolidated fundpending its sanction by the Parliament.
o President can promulgate, when the Parliament is not in session, ordinances for the
governance of the state.
 A law made by the Parliament or president, or any other specified authority continues to be
operative evenafter the President‘s Rule.
 Dr BR Ambedkar: hoped Article 356 to be a dead-letter and would be used only as a measure
of last resort.

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 Scope of Judicial Review

o 38th Amendment Act of 1975: It made satisfaction of the President in invoking Article 356
final (could notbe challenged in any court on any ground.)
o 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond

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judicial review.
o SR Bommai case
 Presidential proclamation is subject to judicial review.
 Satisfaction of the President must be based on relevant material. 
 Burden lies on Centre to prove that relevant material exists to justify imposition of
President‘s rule.
 If the Court holds that proclamation was unconstitutional and invalid, it can restore the
dismissed state government and revive the state Legislative assembly. 
 State leg assembly can be dissolved only after the Parliament has approved the
Presidentialproclamation until then, the President can only suspend assembly. 
 Secularism is a basic feature of the constitution.
 Financial Emergency
o Grounds of Declaration
 Article 360: President can proclaim a financial emergency if S/he is satisfied that the
financial stability orcredibility of India or any part of its territory is threatened
 44th CA 1978: Satisfaction of the President is subject to judicial review.
o Parliamentary approval
 Both Houses must approve the Presidents proclamation within 2 months.
 If Lok Sabha is dissolved, it must approve it within 30 days of reconstitution, given that
the Rajya Sabha approves it in the meantime.
 Resolution approving proclamation can be either house of Parliament only by a simple
majority.
o Duration: Once approved by both houses, continues indefinitely till it is revoked.
 there is no maximum period prescribed for its operation; and
 repeated parliamentary approval is not required for its continuation.
o Revocation
 Does not need parliamentary approval.
 Can be revoked by the President at any time.
o Effects of Financial Emergency
 Centre can direct states to observe financial propriety.
 Directions by the Parliament can include provisions for reduction of salaries/allowances
of persons serving in the State.
 Reservation of all money bills and other financial bills for the consideration of the
President after they are passedby the State.
 President can direct the reduction of salaries/ allowances of persons serving the Union,
and the judges of theSC and HCs
 Centre gets full control over the States financial matters.
 No financial Emergency has been declared so far.
8. There are certain changes made by 44th amendment in 1978 were (summary):-
 The term ―Armed rebellion‖ was replaced for ―Internal disturbances‖ under article 352 of the
constitution.
 The proclamation should be communicated by the cabinet ministers and is to be in writing for the
declaration of the emergency under leadership of the prime minister.
 Both the houses of the parliament must be there during the proclamation of emergency within
one month of time.
 The houses must re-approve the emergency within 6 months for its continuation.
 For the revocation of the emergency the simple majority pass resolution and voting.

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 In case of armed rebellion article 19 will not be suspended, after amendment it was declared that
article 19 will only be suspended only at the time of wars or external aggression.
 It is also said that article 20 and 21 will not included in the suspension of the right to move to the
courts for the violation of part iii of Indian constitution.
 The term of Lok Sabha is decreased to 5 years from 6 years.
(These changes in 44th amendment 1978 were made with an aim for improvement upon the 42nd
amendment 1976 and for the improvement of national emergency too.)

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CHAPTER 18: PRESIDENT
1. Introduction: Articles 52 to 78 in Part V of the constitution deal with Union Executive. President is
head of Indian state and first citizen of India. The office of the President came into existence
immediately after the constitution was adopted on 26 November 1949.
2. Union Executive consists of President, Vice-President, Prime Minister, Council of Ministers and
Attorney general of India.
3. Qualification for election as a President
 Citizen of India + completed the age of 35 years.
 qualified for election as a member of Lok Sabha.
 He should not hold office of profit under Union government or State government or any public
or local authority.
 Note: Sitting President of Vice-President of Union, Governor of any state and a minister of
Union or any state is not deemed to hold any office of profit.
4. Oath or Affirmation by President
 Oath of President is administered by Chief Justice of India and in his absence, senior most judge
of SC available.
5. Conditions of President‟s Office
 He/she should not be a member of either house of Parliament or house of State legislature.
 Not hold any office of profit [Article 59] [Office of profit is an office which carries various
pecuniary benefits or must be capable of yielding pecuniary benefits + The expression office of
profit has not been defined in the Constitution or in the Representation of People Act 1951. Its
scope can simply be inferred from the pronouncements of the courts and other competent
authorities such as the Election Commission and the President].
 Entitled without payment of rent to the use of his official residence; also entitled to such
emolument and allowance and privileges as may be determined by the Parliament by law.
 The emolument and allowance of the President cannot be diminished during his term of office.
7. Election of the President of India
 The President is elected by members of electoral college consisting of:
o Elected members of both Loksabha and Rajya sabha
o Elected members of legislative assemblies of states.
o Elected member of legislative assemblies of UT (Delhi and Puducherry)
 Note: The nominated members (of LS +RS +SLA‘s), members of legislative council (elected
and nominated) and nominated members of leg assemblies of Delhi and Puducherry do not
participate in election of President.
 Reasons for Indirect elections : Direct elections are costly and time consuming + Fear that
directly elected president may become a centre of power in his own right + Directly elected
President can demand real and substantive powers causing conflicts
 Important points :
o Article 71(4) protects President's election from being challenged on the ground of existence
of any vacancy among the members of the electoral college electing him
o All disputes arising in connection with the election of the President are to be decided by the
Supreme Court (Article 71)
o Under, Presidential and Vice-Presidential Elections Act, 1952 an election can be called into
question either by a candidate at such election or by 10 or more electors.
o The Supreme Court has held that a person who is neither a candidate nor an elector could not
file a petition to challenge the Presidential election.

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 Election process
 Vote of MLA= (Total Pop. Of state)/ (No. of elected members x 1000)
 Vote of MP= Total value of votes of MLA/ Total no. of elected members of (LS+RS)
 Value of Vote of each MLA varies from Stateto state
 Election by proportional representationby means of single transferable vote andvoting secret
Ballot (Article 55)
 All disputes with elections of presidentresolved by Supreme Court.
 If election of President is declared void by SC, acts done by him before date of such
declaration of SC are not invalidated and continue to remain in force.
 In the Presidential election, the value of the votes of each member of Parliament is the same.
However, the value of the votes in the case of members of Legislative Assemblies is different
from State to State.
 Value of vote of MPs has been fixed at 708 since 1997 presidential election.
 In 2022 15th presidential poll, value of vote of MP reduced to 700 from 708 due to absence of
a legislative assembly in Jammu and Kashmir.
 Higher the number of elective assembly seats, lower is the value of vote of each MLA of that
state.
How does the system of single transferable vote works?
 Under this system, an elector (voter) has a single vote but with multiple graded preference.
 The elector can indicate preferences with the appropriate numerals against the names of
candidates printed on the ballot paper.
 The vote is initially allocated to the most preferred candidate, yet each one vote has the
potential to carry over through multiple counts, depending on the election or elimination of
candidates.
 The process of redistribution/transfer of surplus votes from elected candidates and of the votes
of the least successful candidates continues until the required number of members (which is
one in the case of the President and one in the case of the Vice-President) is elected or reach a
quota of votes needed to be a winner.
 Because votes cast for losing candidates and excess votes cast for winning candidates are
transferred to voters' next choice candidates, the single transferable vote (STV) is said to
minimize wasted votes.
8. Term of Office of President
 Term : 5 Years
 Even after the expiry of his term: continue in the office until his successor enters.
 Eligible for re-election any number of times.
 resign his office by writing to the Vice-President + The Vice President has to communicate the
President's resignation to the Speaker of the Lok Sabha (Article 56)
9. Impeachment (Article 61)
 Only on the grounds of violation of the constitution.
 Constitution does not define phrase ‗violation of the constitution‘.
 It is a quasi-judicial process.
 All the elected and nominated members of the Parliament take part in the impeachment process.
 Members of the State Legislature do not participate in the impeachment process of the President.
 It can be initiated in either house of the Parliament.
 Signed by 1/4th members of that house and 14 days notice to president
 Resolution passed by Special majority (2/3 majority) by both houses.

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 President has right to appear and to be represented at such investigation.

 Investigation may be made either by the house itself or by some other agency as the house may
direct
 Nominated members of LS+RS can participate in impeachment.
 Elected members of SLA‘s and UTs of Delhi and Puducherry do not participate in impeachment
of President.
 No President has so far been impeached.
 Comparison of Impeachment process of Indian and US President
Indian President US President
President can be removed from office by a Any member of House of Representatives can
process of impeachment for 'violation of introduce a resolution of impeachment if they
Constitution'. Impeachment charges can be suspect President is guilty of "treason,
initiated by either House of Parliament. bribery, or other high crimes or
misdemeanours".
th
These charges should be signed by 1/4 The House of Representatives considers the
members of House (that framed charges), and set of charges. If a simple majority (51%)
14 days' notice should be given to President. support impeachment, the process moves to
trial.
After the impeachment resolution is passed by Trial begins. Chief Justice of Supreme Court
a majority of two-thirds of the total presides over it, while members of House
membership of that House, it is sent to the form the prosecution and Senators act as the
other House, which investigates the charges. jury. The president can appoint defence
lawyers.
If other House also passes the impeachment At the end of the trial, a Senate vote delivers
resolution by a majority of two-thirds of the the outcome. If at least two-third (67%) of
total membership, then the President stands Senators find the president guilty, he is
impeached from his office from the date on removed from office and the Vice President
which the resolution is so passed. takes over for the remainder of the term.
 Overall comparison of Indian and US President
Indian President US President
Indian President is only the head of the state The US President is the head of the state as
or a titular head well as the executive of the state
Indian President holds office for 5 years and US President holds the office for 4 years and
can be reelected any number of times. can go for re-election only once
Indian President and both houses together The US President is not part of the legislature
make up the Parliament in India.
Indian President has lesser power of veto The US President may veto a bill that was
comparatively than the US President. passed by Congress.
 Comparison of Indian President and British Crown
Indian President British Crown
The Indian President is elected through voting The royal family takes the decision to choose
them and one generation after the other gets
this right, that is, everything is hereditary.
He is the head of only one country. The head of the Commonwealth of Nations is
the head of the British crown.
Indian President has fixed term of his own, This does not happen with the king or queen
after completing which he has to leave office. sitting on the royal throne in Britain.

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There is no such rule for the President in Members of Britain‘s Parliament ie the House
India. Constitutionally the President cannot be of Lords can ask questions to the ruler sitting
questioned. on the royal throne, which they have to
answer.
10. Vacancy in President Office
 Ways of vacancy: Expiry of the term; Death; Resignation; Impeachment of the President; when
the election is declared void by the Supreme Court or he has become disqualified to hold the
office anymore.
 If office falls vacant by resignation, removal, death or otherwise, election to be held within 6
months + Vice-President acts as President until a new President is elected + New President will
enjoy full term of 5 years
 If vacancy is caused by expiration of the term of the sitting president, then election must be
completed before the expiration of the term (no scope for the Vice President getting a chance to
act as President in this case)
 If Vice-President is vacant: Chief Justice of India (or seniormost judge of SC available) acts as
President + He enjoys all the powers and immunities as well as salary, allowance and privileges
which are available to the President under the Constitution.
11. Presidential Privileges
 He is not answerable to any court for the exercise and performance of the powers and duties of
his office.
 He is not amenable to any mandate, writ or direction from any court.
 He enjoys personal immunity under Article 361 from legal liability of his official acts of
commission and omission.
 He is immune from any criminal proceedings during his term of office; cannot be arrested or
imprisoned.
 However, civil proceedings can be instituted against him during his term of office in respect of
his personal acts, after giving two months‘ notice.
 Note: A house of parliament can question any of act of the President in impeachment
proceedings.
12. Powers and Functions of President
 Executive Powers: Executive Power of Union of India is vested in President.
o All executive actions of GOI are formally taken in his name.
o Make rules for transaction of business of union government
o Appoints- PM, Council of Ministers, Attorney General, CAG, Governors, etc;
o Declare any area scheduled area
o Appoint an inter-state council
 Legislative Powers
o Integral part of the Parliament
o summons house at least twice a year or prorogues either House of Parliament and dissolves
the Lok Sabha.
o Summon both houses for joint sitting for debating or voting on a bill in case of deadlock.
o At commencement of 1st session after every general election, the President delivers an
address.
o Appoint speakers and deputy speakers when office vacant;
o Nominates 12 personalities to Rajya Sabha
o Decides disqualification of members with Election commission;
o Issue Ordinance making powers

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o Every Bill passed by the Parliament must receive the President‘s assent before it can become
an Act.
o give his assent or withhold his assent or return it for reconsideration by Parliament with his
own suggestion, a Bill other than a Money or Constitutional Amendment Bill.
o Parliament may accept his suggestion or reject it but if it is again sent for the President's
assent now the President has to give his assent.
o When a bill passed by State legislature is reserved by governor for consideration of
President: President can give his assent; withhold his assent; direct the governor to return the
bill for reconsideration of state legislature. (Note: Not obligatory for President to give his
assent even if bill is passed again by state legislature).
o Make regulations for A&N islands, Lakshadweep, Dadra and Nagar Haveli; Daman and Diu.
o Puducherry: President can legislate only when assembly is suspended or dissolved.
o Makes certain reports and statements to be laid before the Parliament.
 Annual Financial Statement and the Supplementary Statement.
 report of CAG
 Recommendation made by the Finance Commission.
 Report of UPSC, explaining reasons where any advice of the Commission has not been
accepted.
 report of National Commissions of Scheduled Castes and Scheduled Tribes.
 report of a Special officer for Linguistic minorities.
 report of the commission on the backward classes.
o Bills which need prior permission of President before introduction:
 Bill that seeks to alter the boundaries of the states and names of the states.
 Money Bill; Finance Bill.
 Bill involving taxation or distribution of financial resources to the States.
 Bill that seeks to restrict freedom of trade.
 Financial Powers
o Prior recommendation needed for money bill introduction;
o Lay before Parliament the annual financial statement;
o No demand for grant except on his recommendation
o control over the Contingency Fund of India;
o constitute Finance Commission after every 5 years;
 Judicial Powers
o Appoints CJI, Judges of SC & HC;
o seek advice from SC, however advice tendered by SC is not binding on President
o Grant Pardon; reprieve; respite and remission; suspend, remit or commute punishment of any
person convicted of any offence:
 Where the punishment or sentence is by a court-martial.
 Where the punishment is for an offence against Union law.
 In all cases where a person is sentenced to death.
o pardoning power to exercise on the aid and advice of CoM.
o no specific guidelines to the President on the exercise of his pardoning powers.
 Diplomatic Powers
 International Treaties and agreements approved by the Parliament are negotiated and
concluded in the name of the President.
 Represent India in international forums and affairs.
 He sends and receives ambassadors and other diplomatic representatives.
 Military power

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o Supreme Commander of the Armed Forces.

o power to declare war and peace but his military power is subject to the regulation of law.
o appoints Chief of the Army, Chief of the Navy and Chief of the Air Force.
 Veto Power
o A bill passed by Parliament can become an act only if it receives assent of President.
o Three alternatives under Article 111: Assent, withhold, Return (if not money bill) for
reconsideration of Parliament. If bill is passed again by Parliament with or without amendments
and again presented to President, the President must give his assent to the bill.
o President of India enjoys 3 Veto power (No Qualified Veto i.e. overridden by legislature with
Higher Majority).
o Absolute Veto: To Withhold his Assent to Bill then Bill ends; it is available for- Private
Members bill and when Cabinet Resigns
o Suspensive Veto: When he returns bill for reconsideration; No suspensive Veto available for
Money Bill + Suspensive veto can be over-ridden by the re-passage of the bill by the
Parliament + When the Parliament resends the bill to the President, it has to follow only the
ordinary majority in the houses and not the higher majority.
o Pocket Veto: Simply keeping Bill pending for indefinite time (no action); USA: President
has to return the bill for reconsideration within 10 days + In 1986, President Zail Singh
exercised this pocket veto.
o No Pocket Veto available for Constitutional Amendment Bill (24 th CAA of 1971 made it
obligatory for President to give his assent to a constitutional amendment bill).
 Miscellaneous Powers
o A tribes Council maybe established by the direction of president in any state having scheduled
areas and also in States having scheduled tribes.
o He has the power to give instructions to a Governor to promulgate an Ordinance if a Bill
containing the same provisions requires the previous sanction of the President under the
Constitution [Art. 213]
o President can declare an area to be a scheduled area, enter the boundaries of scheduled areas.
 Rule making powers : President can specify :
o how his orders and instruments shall be authenticated;
o the paying into custody of and withdrawal of money from, the public accounts of India; the
number of members of the Union Public Service Commission, their tenure and conditions of
service;
o recruitment and conditions of service of persons serving the Union and the secretarial staff of
Parliament;
o the prohibition of simultaneous membership of Parliament and of the Legislature of a State;
o the procedure relating to the joint sittings of the Houses of Parliament in consultation with the
Chairman and the Speaker of the two Houses;
o the manner of enforcing the orders of the Supreme Court;
o the allocation among States of emoluments payable to a Governor appointed for two or more
States;
o the discharge of the functions of a Governor in any contingency not provided for in the
Constitution;
o specifying Scheduled Castes and Tribes;
o specifying matters on which it shall not be necessary for the Government of India to consult
the Union Public Service Commission
 President‟s Veto power over State Legislation: Article 200 & 201 gives powers to Governor of
the state to reserve a Bill passed by the state legislature, for the consideration of the President.

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o president may give assent or withhold the Bill.

o If it is not a money Bill, then he can return it for reconsideration to state legislation.
o After the state legislature returns the Bill to him, he either gives assent or withhold it.
o Unlike union legislation, president is not bound to give his assent to the Bill which has been
resent by the state legislature after reconsideration.
o Thus, in case of state Bill, president has absolute veto, pocket veto and suspensive veto.
 Ordinance-making power of President (Article 123): (Ordinances were included in the
Constitution of India from Government of India Act, 1935, which gave the authority to the
Governor General to promulgate Ordinances).
President to promulgate ordinance during recess ofparliament.
o Promulgate only when both(LS+RS) not insession or either of house not in session.
 Only when he is satisfied that circumstances exist that render it necessary for him to take
immediate action;
 Ordinances may relate to any subject that the parliament has the power to make law, and
would be having same limitations.
 The President may withdraw an ordinance at any time. However he exercises his power
with the consent of the Council of Ministers headed by the President.
 Cooper case(1970): President satisfaction can be questioned in court on ground of
malafide.
 44th Amendment act: Satisfaction is under Judicial Review
 When parliament reassembles both houses must approve the ordinance to become Act
(Expiry-6 weeks; Max. Life- 6 Months 6Weeks)
 Can issue ordinance only on advice ofCouncil of ministers
 It cannot be used to amend the constitution.
 Ordinance making power of president is coextensive with parliament but not parallel.
 Can be retrospective; may modify or repeal any act of Parliament or another ordinance.
 It can amend a tax law also.
 Rules of Lok sabha: Whenever a bill seeking to replace an ordinance is introduced in
house, a statement explaining circumstances that had necessitated should also be placed
before legislature.
 Is The President's Ability to Issue Ordinances Justiciable?
o 38th Amendment Act added a new Clause (4) to Article 123, which states that the
President's satisfaction with the issuance of the ordinance is final and cannot be appealed to
the court for any reason.
o 44th amendment : made the President‘s satisfaction subject to judicial review, stating that
the president's powers could be challenged in court of law, if it is based on bad faith, corrupt
motives, or has any malaise of intent.
o In Cooper case, (1970): President‘s satisfaction can be questioned in a court. Thus, the
President‘s satisfaction is justiciable on the ground of malafide.
o S.R. Bommai v. Union of India: scope of Judicial Review was expanded and any action by
the President taken without the relevant materials, would be considered to be in bad faith.
 Pardoning Power of President (Article 72)
 It is an executive Power; Independent ofJudiciary
 President while exercising this power, does not sit as a court of appeal.
 Pardon: Completely absolves conviction
 Commutation: Substitution to lighterpunishment
 Remission: Reducing Period withoutchanging character of punishment

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 Respite: Lesser sentence than original due tospecial facts- pregnancy, disability,etc
 Reprieve: Stay on execution for temporary period.
 Maru Ram v. Union of India, (1980) : The Supreme Court held that the power under
Article 72 is not an independent power of the President but it is to be exercised on the advice
of the Central Government
 Epuru Sudhakar v. Government of Andhra Pradesh, (2006) : Granting of clemency by
the President or Governor can be challenged based on the following grounds:
 The order has been passed without application of mind
 The order passed is mala fide.
 The order passed is wholly irrelevant and extraneous.
 Relevant material has not been considered.
 The order passed suffers from arbitrariness
 Mercy Petition:
o A convict under the sentence of death is allowed to file a mercy petition within a period of
seven days after the date on which the Superintendent of Jail informs him about the dismissal
of the appeal or special leave to appeal by the Supreme Court.
o Petitions are to be presented to President of India. President office seeks the cabinet advice.
o The appeal is examined by the Ministry of Home Affairs and the Ministry before giving
recommendations to the President, takes the view of State concerned.
o There is no written procedure to deal with mercy petition.
o President‘s pardon/rejection/delay is also subjected to judicial review.
o However, if a court finds that the process of the decision taken by the President under Article
72 was not arbitrary or unreasonable, the decision then cannot be interfered with.
o A curative petition is last judicial corrective measure which can be pleaded in any judgment
or decision passed by the Supreme Court which is normally decided by Judges in-chamber.
 Differences between pardoning powers of governor and President
 President can pardon sentences inflicted by court martial while governor cannot;
 President can pardon death sentence while governor cannot.
 President exercises his judicial powers for the punishment which is given under the law made
by the Union. Whereas the Governor exercises his judicial powers for the punishment which
is given under the law made by the State.
 42nd CAA, 1976: made President bound by the advice of CoM headed by Prime Minister.
 44th CAA, 1978: President may return a matter once for reconsideration of his ministers, but
reconsidered advice shall be binding.
 No constitutional discretion; only situational discretion:
o Appointment of PM and Com when No majority in Lok Sabha or when PM dies inoffice
o Dismiss CoM if no confidence motion approved
o Dissolve Loksabha if CoM lost Majority
 Important facts
 DR RAJENDRA PRASAD- Twice President
 SANJEEVAN REDDY-Unopposed in 1977
 ZAKIR HUSSAIN-Died in office in 1969
 V.V GIRI-Acting President

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CHAPTER 19: VICE-PRESIDENT
1. Introduction: The Vice-President occupies the second highest office in the country. He is accorded
a rank next to President in official warrant of precedence. The office is modelled on the lines of
American Vice President. Some scholars call him ‗His Superfluous Highness‘.
2. Election
 Not directly elected by people but elected by members of electoral college- Members from both
Houses - both Elected and Nominated.
 Not includes members of State Legislature Assembly & UT
 Election by proportional Representation by single transferable vote and voting done by secret
ballot.
 The Returning Officer usually appointed to conduct the Vice-Presidential elections is the
Secretary-General of either House of the Parliament, by rotation.
 Any disputes related to the election of the Vice-President are inquired into and decided by the
supreme court (5 Judges bench) whose decision is final.
 Election to the office of the Vice-President is conducted by the Election Commission of India.
 The election of the next Vice-President is to be held within 60 days of the expiry of the term of
office of the outgoing Vice-President.
3. Qualifications
 citizen of India + minimum 35 years of age + qualified for the election as a member of the Rajya
Sabha + not hold any office of profit.
 Sitting President or Vice-President, governor of any state and a minister for union or any state is
not deemed to hold any office of profit.
 Oath administered by President, or some person appointed on his behalf.
4. Conditions of office: Not be a member of either House of Parliament or a House of the state
legislature + shouldn't hold any other office of profit. Constitution has not fixed emoluments, draws
regular salary as ex-officio chairman of Rajya Sabha.
5. Term of office
 Five years; Resign by addressing letter to President.
 Formal impeachment is not required for removal.
 Can be removed from office by resolution of Rajya Sabha passed by effective majority and
agreed by Lok Sabha. This resolution can only be introduced in Rajya Sabha.
 At least 14 days‘ notice given; no grounds for removal mentioned in the constitution.
 If office falls vacant by resignation, removal, death or otherwise, election to fill vacancy should
be held as soon as possible.
 The vice president can hold office beyond his term of five years until his successor assumes
charge. Can be reelected for any number of times.
 Newly elected remains in office for a full term of five years.
6. Election disputes
 Any disputes related to the election: inquired into by SC whose decision is final.
 No such dispute can be raised on the ground of any vacancy in the electoral college
 If election declared void; acts done by him before date of such declaration of SC are not
invalidated.
7. Powers and Functions
 Ex-Officio Chairman of RS (resembles American Vice-President who also acts as Chairman of
Senate).

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 As the Presiding Officer, the Chairman of the Rajya Sabha is the unchallenged guardian of the
prestige and dignity of the House.
 He is also the principal spokesman of the House and represents the collective voice to the outside
world.
 He ensures that the proceedings of the House are conducted in accordance with the relevant
constitutional provisions, rules, practices and conventions and that decorum is maintained in the
House.
 He is the custodian and guardian of the rights and privileges of the House and its members.
 VP acts as President when there is vacancy in president‘s office due to death/removal. During
this period, he receives salary and allowances of President.
 Acts as President only for a maximum period of six months.
 While acting as President, he does not perform duties of Chairman of RS, those are performed by
deputy chairman of Rajya Sabha.
8. Indian and American Vice-Presidents
 American VP succeeds to presidency when it falls vacant and remains President for remaining
unexpired term of his predecessor.
 Indian VP does not assume office of President when it falls vacant for unexpired term; he
merely serves as an acting President. His office was created to maintain political continuity.
9. Important Facts:
 R S Radhakrishna and Hamid Ansari elected as Vice-President for two terms; Krishnakant first
VP to die serving office.
 Unlike the Presidential election, the value of every vote in the Vice-Presidential election has the
same value i.e., 1 (one)
 Anti-Defection Law is not applicable in the case of the Presidential and the Vice-Presidential
elections. In both the cases, members of the Electoral College can vote according to their
conscience/choice/wish and they are not bound by any party whip.

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CHAPTER 20: PRIME MINISTER
1. Introduction: In Parliamentary form of government, President = nominal executive authority (de

jure executive); Prime Minister= real executive (de facto executive). President is head of the state
while Prime Minister is the head of the government.
2. Appointment of Prime Minister
 Constitution does not contain any specific procedure for selection and appointment.
 PM is appointed by President; does not mean he is free to appoint anyone.
 Conventions: President must appoint leader of majority party in LS as PM.
 no party is in clear majority: President may exercise his discretionary power to appoint the
leaders of the largest or the coalition party as PM + ask him to seek a vote of confidence in the
house within a month.
 On death of Prime Minister in office, President may exercise his discretion in appointing new
Prime Minister but if the ruling party has elected its leader then President does not have any
choice.
 1980: Delhi High Court held that it is not required for a person to prove his majority in Lok
Sabha before being appointed Prime Minister. He can be first appointed and then later asked by
President to prove majority within a reasonable period.
 1997: SC held that person not member of either house can be appointed as PM for 6 months
within which he should become member of any house.
 Britain: PM should be a member of lower house.
 Term: Not Fixed; and hold office during pleasure of president.
3. Oath, term, and salary
 President administers his oath of office and secrecy (like that for any union minister)
 Term of PM is not fixed and holds office during pleasure of President.
 So long as PM enjoys majority support in LS, he cannot be dismissed by President, but if he
loses majority, he must resign, or President can dismiss him.
 Salary, allowances determined by Parliament, salary, and allowances payable to a member of
Parliament.
 In relation to CoM
o recommends a person to the President for appointment as ministers.
o allocates and reshuffles the portfolios among the ministers.
o can ask for the resignation of any minister.
o presides over the meeting of the Council of Ministers.
o He guides, directs, controls, and coordinates the activities of all the ministers.
o If the PM resigned from his office (or dies) the Council of Ministers also collapsed.
 In relation to President
 principal channel of communication between the President and Council of Ministers.
 PM communicates decision of CoM relating to administration of affairs of the Union and the
proposal for legislation to the President.
 advises the President regarding the appointment of the various important officials like
Attorney General, CAG, Chairman, and member of the UPSC, Chairman and member of the
Finance Commission and so on.
 In relation to Parliament
o leader of the lower house.
o advises President about the prorogue and summoning of sessions of the Parliament.

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o recommend the dissolution of the Lok Sabha at any time to the President.
o announces the government policies on the floor of the houses.
 Other Powers and Functions
o Chairman of Niti Aayog, NDC, National Integration Council, National Water Resource
Council, and Inter-state council.
o chief spokesman of the Union government.
o Crisis-manager in chief at political level during emergencies.
 Relationship with President
o Article 74: there shall be a CoM with PM at the head to aid and advise the President.
President may require the council of ministers to reconsider their advice but shall act in
accordance with the advice given after reconsideration.
o Article 75 mentions three things:
 President appoints PM and other ministers are appointed by President on advice of PM;
 Ministers hold their office during the pleasure of the President;
 Council of Ministers is collectively responsible to the Lok Sabha.
o Article 78: PM communicates all decisions made by CoM to the President.
o The President can also refer issues for the consideration of the council of members.

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CHAPTER 21: CENTRAL COUNCIL OF MINISTERS
1. Introduction: Council of Ministers headed by Prime Minister is the real executive authority in our
politico-administrative system.
2. Constitutional Provisions
 Article 74: CoM to aid and advice President + President may require CoM to reconsider such
advice and President shall act in accordance with advice tendered after reconsideration + Advice
tendered shall not be inquired in any court.
 Article 75: PM shall be appointed by the President and the other Ministers shall be appointed by
the President on the advice of PM.
 Other provisions:
o Total number of CoM including PM shall not exceed 15% of total members of LS (91 st CAA
2003) + number not specified in the constitution.
o CoM holds office during pleasure of President, collectively responsible to Lok Sabha.
o When No-Confidence motion passed in Lok Sabha: all ministers including those ministers
who are member of RS must resign (Collective responsibility).
o Salaries and allowances of ministers determined by Parliament.
o Minister who is not MP for any period of 6 consecutive months: ceases to be a minister.
o If Members of either house disqualified on the grounds of defection: also disqualified to be
appointed as Ministers.
 Article 77- Conduct of Business of GoI: All executive action of GoI in the name of President +
President makes rules for more convenient transaction of business.
 Article 78- Duties of Prime Minister: Communication to President all decisions of CoM +
Furnish information relating to administration of affairs of Union and proposals for legislation.
 Article 88- Rights of Ministers as respects the house: Every Minister has right to speak and
take part in proceedings of either house; joint sittings; any committee of Parliament of which he
may be named member. [But NOT entitled to vote].
 Nature of advice by Ministers: 42nd and 44th CAA made advice binding on President + cannot
be inquired by any court + SC: Even after dissolution of LS, CoM does not cease to hold office.
Wherever Constitution mentions satisfaction of the President, the satisfaction is not personal
satisfaction but satisfaction of the CoM.
 Appointment of Ministers
 PM appointed by President while other Ministers appointed by President on advice of PM.
 A person not a member of either house, can be a minister but within 6 months, he must
become a member of either house of Parliament.
 Right to speak and to take part in proceedings of other house also [But can vote only in house
in which he is a member].
 Salary: Determined by Parliament from time to time + Rank of ministers is determined by the
Prime Minister + Minister salary = MP salary and allowances
 Collective responsibility: All Ministers own joint responsibility to LS (even though some of the
ministers maybe members of the Council of States) + If no-confidence motion passed, all
ministers have to resign including ministers who are from RS + Cabinet decisions bind all
cabinet ministers + Every minister stand by cabinet decisions and support them within and
outside parliament, if he disagrees he must resign.
 President removes a Minister only on the advice of PM.
 No Legal responsibility of Minister. (In British they are held responsible)

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 Categories of Ministers: Constitution does not classify the members of CoM into different
ranks. The classification is done informally following British practice.
o Cabinet Minister: Their number varies from time to time + always heads a Ministry and is
given independent charge of it, unless he is appointed a Minister without portfolio +
generally assisted by Minister of State or a Deputy Minister or both.
o Ministers of State: May be given independent charge of a Ministry or can be attached to
cabinet ministers + He cannot attend the meetings of the Cabinet on his own right but can
attend if invited.
o Deputy Minister: Junior member of CoM and not given independent charge of any
department + put under the charge of either minister of the cabinet rank or that of the
Minister of State so that he gets proper training + does not attend a Cabinet meeting.
o Parliamentary secretaries: They have no department. Since 1967, they have not been
appointed since Rajiv Gandhi government.
 CoM: Implements decisions taken by Cabinet + Size and classification not mentioned in
constitution + Legislative sanction: Salaries and allowances act of 1952 defines a ‗Minister‘ as a
member of CoM + Collectively responsible to lower house. + Remains in office even when the
Lok Sabha is dissolved + Article 74 preserves the secrecy of the deliberations between the
president and COM + Council of Ministers must justify the action taken by the president in
exercise of his functions.
 The word Cabinet was not originally in the constitution but was inserted in 44th amendment act
in Article 352, it does not define powers and functions.
 Special position of Prime Minister in the Council of Ministers
o The Prime Minister is the leader of the party in majority in the popular House of the
legislature.
o The allocation of business amongst the Ministers is a function of the Prime Minister. He can
also transfer a Minister from one Department to another.
o He is the chairman of the Cabinet, summons its meetings and presides over them.
o While the resignation of other Ministers merely creates a vacancy, the resignation or death of
the Prime Minister dissolves the Cabinet.
o He oversees coordinating the policy of the Government and has, accordingly, a right of
supervision over all the departments.
 Cabinet: Usually once in a week to deliberate + supervises implementation of decisions by CoM
+ Enforces collective responsibility of CoM to lower house + Cabinet advice to president is non
justiciable
 Kitchen cabinet: Real centre of power, does not only include ministers but also family, friends
of Prime Minister, inner cabinet, extra constitutional body.

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CHAPTER 22: CABINET COMMITTEES
1. Cabinet Committees: Extra constitutional body provided by Rules of Business.

 Set up by Prime minister as per requirement; number and composition vary from time to time.
 Non-cabinet ministers are not debarred from their membership.
 Mostly headed by PM.
 Formulate proposals for consideration of Cabinet + Also take decisions but Cabinet can review
their decisions.
 Help in in-depth examination of policy issues and effective coordination. Based on principles of
division of labor and effective delegation.
 Cabinet Committee chaired by PM- Appointment Committee; Economic Affair Committee;
Political Affair Committee; Security Committee; Investment and Growth committee; Skill
Development committee.
 Parliamentary Affair Committee is chaired by Home Minister
 Political affairs committee described as ―Super-Cabinet‖.
 Cabinet secretariat: Preparation of agenda of Cabinet meetings + Secretarial assistance to
cabinet committees

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CHAPTER 23: PARLIAMENT - I
1. Introduction: Union government's legislative organ is the Parliament + It is also known as

the 'Westminster' model of government + Part V of the Constitution: articles 79 to 122 deals with
Parliament's organization, composition, duration, officers, procedures, privileges, powers, and so on.
2. Article 79: Parliament is made up of the President and two houses, the Lower House or House of
People and the Upper House or Council of States.
3. Organization of Parliament
 Lok Sabha + Rajya Sabha + President
 The President is not a member of either House and does not sit in Parliament: still he is an
integral part of Parliament as bill passed by both the Houses cannot become law without
President‘s assent + He Summons and prorogues both the Houses; Dissolves the LS; Addresses
both House; Issues ordinances when they are not in session etc.
4. Composition of Rajya Sabha: Maximum strength:250 + 238 elected indirectly + 12 nominated.
 At present, 245 members: 229 from states, 4 from UTs and 12 nominated
 Fourth Schedule: allocation of seats in the RS to states and UTs
 The representatives of states in the Rajya Sabha are elected by the elected members of state
legislative assemblies.
 Election is held in accordance with the system of proportional representation by means of the
single transferable vote.
 Seats allotted on the basis of population
 Representation of Union Territories: Indirectly elected by an electoral college constitute
specifically for this purpose + Proportional representation by means of a single transferable vote
+ Only Delhi, Puducherry and Jammu & Kashmir have representation in the RS.
 Nominated Members: President nominates 12 people [special knowledge or practical
experience in art, literature, science and social service].
5. Composition of Lok Sabha
 maximum strength: 552 --> [530 (state representatives) + 20 (UTs representatives) + 2 (Anglo-
Indian Community/No provision now)]
 Representation of States: Directly elected by the people from the territorial constituencies in
the states + Election based on universal adult franchise + citizen who is above 18 years of age
and who is not disqualified under the provisions of the Constitution or any law is eligible to vote
at such election + voting age was reduced 18 years by 61st CAA, 1988.
 Representation of UTs: Constitution empowered Parliament to prescribe manner of choosing
the representatives of UTs in LS + Parliament enacted the Union Territories (Direct Election to
the House of the People) Act, 1965: members of LS from the union territories are chosen by
direct election.
 Nominated Members: President can nominate two members from the Anglo-Indian community
if the community is not adequately represented in the Lok Sabha.
6. System of Elections to Lok Sabha
 For the purpose of holding direct elections, each state is divided into territorial constituencies.
o Each state is allotted a number of seats in the Lok Sabha in such a manner that the ratio
between that number and its population is the same for all states [does not apply to a state
having a population of less than six millions].
o Each state is divided into territorial constituencies in such a manner that the ratio between the
population of each constituency and number of seats allotted to it is same throughout state.
7. Readjustment after each Census

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 After every Census, the allocation of seats to LS per state, and the division of territorial
constituencies undergoes a revision.
 Parliament empowered to determine authority and manner in which it is to be made.
 Delimitation Commission Acts in 1952, 1962, 1972 and 2002.
 42nd CA 1976 froze allocation of seats till the year 2000 at 1971 Level.
 84th CA 2001 extended the ban till 2026.
 87th CA 2003: delimitation to constituencies to be done on the basis of 2001 census, without
altering the number of seats allotted to each state in the LS.
8. Reservation of Seats for SCs and STs
 Originally meant to last till 1960, has been extended ever since
 95th CA 2009: reservation until 2020
 For reserved seats, the entire electorate votes [No separate electorates].
 SCs and STs are not debarred from contesting general seats
 Proportional representation for RS; Territorial representation for LS
9. Reservation of seats for women in Parliament:
 106th constitutional amendment act
o Added Article 330A and 332A to the constitution for providing 33% reservation of seats for
women candidates in House of People and Legislative assemblies of states.
o The amendment also added Article 239AA to reserve 33% of seats for women in legislative
assembly of National capital territory of Delhi.
o It reserves one-third of all seats for women in Lok Sabha, State legislative assemblies, and
the Legislative Assembly of the National Capital Territory of Delhi, including those reserved
for SCs and STs.
o The reservation will be effective after the publication of the census conducted following the
Act‘s commencement.
o The reservation is for a 15-year period, which can be extended by the Parliament.
o The rotation of seats allocated for women will be governed by parliamentary legislation after
each delimitation process.
10. Proportional representation: All sections get representation in proportion to their number; Even
the smallest group gets representation single transferable vote + India uses proportional
representation by means of elections of RS, State legislative council, President and VP.
11. Duration of Rajya Sabha: First constituted in 1952 + Continuing chamber and not subject to
dissolution + 1/3rd members retire every second year + Retiring members can be re-elected and re-
nominated any number of times + Representation of People‘s act (1951): term of office of a member
of RS shall be 6 years.
12. Duration of Lok Sabha: Lok Sabha is not a permanent chamber + 5 year term from the date of its
first meeting + Automatically dissolves after the expiry of 5 years + President can dissolve the LS
before expiry of term: cannot be challenged in the court of Law + Term can be extended one year at
a time during a national emergency + Cannot continue 6 months after emergency has ended.
13. Qualifications: Citizen of India + make and subscribe to an oath or affirmation + not less than 30
years of age in the case of RS and not less than 25 years of age in the case of the LS + must possess
other qualifications prescribed by Parliament.
14. Additional qualifications in the Representation of People Act (1951): Registered as an elector for
a parliamentary constituency + candidate contesting an RS seat does not need to be an elector from
that particular state + Must be an SC or ST to contest a seat reserved for SCs and STs. SCs and STs
can contest general seats.
15. Disqualifications under constitution: If he holds any office of profit under the Union or state

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(Revision Notes)
government (except that of a minister or any other office exempted by Parliament) + if he is of

unsound mind and stands so declared by a court + If he is an undischarged insolvent + if he is not a
citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any
acknowledgement of allegiance to a foreign state; and if he is so disqualified under any law made by
Parliament.
16. Disqualifications in the Representation of People Act (1951):
 Not have been found guilty of certain election offences or corrupt practices in the elections.
 Not have been convicted for any offence resulting in imprisonment for two or more years
 [Note: Detention of a person under a preventive detention law is not a disqualification]
 Not have been convicted for promoting enmity in different groups or for offence of bribery.
 Not have been punished for preaching and practising social crimes such as untouchability, dowry
and sati.
 On the question whether a member is subject to any of the above disqualifications, the
President's decision is final. However, he should obtain the opinion of the election commission
and act accordingly.
17. Disqualification on Ground of Defection
o A person shall be disqualified from being a MP if he is so disqualified on the ground of defection
under Tenth Schedule
o A member incurs disqualification under the defection law:
o if He voluntary gives up the membership of the political party on whose ticket he is elected
to the House;
o if He votes or abstains from voting in the House contrary to any direction given by his
political party; (As a pre-condition for his disqualification, his abstention from voting should
not be condoned by his party or the authorized person within 15 days of such incident)
o if any independently elected member joins any political party; and
o if any nominated member joins any political party after the expiry of six months.
 The question of disqualification under 10th Schedule is decided by the Chairman in the case of
Rajya Sabha and Speaker in the case of Lok Sabha (and not by the president of India).
 In 1992, SC ruled that decision of Chairman/Speaker in this regard is subject to judicial review
18. Vacating of Seats
o Double Membership: A person cannot be a member of both Houses of Parliament at the same
time + Representation of People Act (1961) provides for the following:
o If a person is elected to both the Houses of Parliament: intimate within 10 days in which
House he desires: In default, his seat in the Rajya Sabha becomes vacant.
o If a sitting member of one House is also elected to the other House, his seat in the first House
becomes vacant.
o If a person is elected to two seats in a House, he should exercise his option for one.
otherwise, both seats become vacant.
o Similarly, a person cannot be a member of both the Parliament and the state legislature at the
same time. if a person is so elected, his seat in Parliament becomes vacant if he does not
resign his seat in the state legislature within 14 days.
o Disqualification: If a member of Parliament becomes subject to any of the disqualifications
specified in the Constitution, his seat becomes vacant.
o Resignation
o Member may resign his seat by writing to Chairman of Rajya Sabha or Speaker of Lok Sabha
o However, the Chairman/Speaker may not accept the resignation if he is satisfied that it is not
voluntary or genuine.

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 Absence: A House can declare the seat of a member vacant if he is absent from all its meetings
for a period of sixty days without its permission.
 Other cases: A member has to vacate his seat in the Parliament:
o if his election is declared void by the court;
o if he is expelled by the House;
o if he is elected to the office of President or Vice-President; and
o if he is appointed to the office of governor of a state.
 Note: If a disqualified person is elected, the case is dealt by RPA, 1951 (no procedure in
Constitution) --> High court can declare the election void (appeal goes to SC)
 Oath or Affirmation: to bear true faith and allegiance to Constitution; to uphold the sovereignty
and integrity of India; and to faithfully discharge duty upon which he is about to enter.

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CHAPTER 24: PARLIAMENT - II
1. Salaries and allowances of Members of Parliament

 Determined by Parliament, and there is no provision of pension in the Constitution.
 Salaries and allowances of the Speaker of LS and Chairman of RS determined by Parliament:
charged on the Consolidated Fund of India.
 No provision of pension in constitution; Parliament has provided it.
 Sumptuary allowance paid to speaker of LS at same rate payable to Cabinet Minister.
2. Speaker of Lok Sabha
 Elected by LS from amongst its members.
 Date and election of Speaker is fixed by President.
 Vacate office in three cases: if cease to be a member of LS + resigns by writing to dep speaker +
removed by resolution passed by majority of all members of LS.
 Removal resolution under consideration: he can vote in first instance [Not in case of equality of
votes].
 When LS dissolved; he continues till newly elected LS.
 His decision in all parliamentary matter is final + Final interpreter of constitution within the
house.
 Sources of Power: Constitution, Rules of Procedure and Conduct of business of LS,
Parliamentary conventions.
 Casting Vote in case of Tie [Note: He can not vote in 1st instance]
 Roles and Powers: Adjourns house or suspend if no quorum + Presides over joint sitting of two
houses + Allows secret sitting of house + Decides whether a bill is a money bill or not + Decides
disqualification of members on the grounds of defection in 10th schedule + Appoints the
chairman of all Parliamentary committees of Lok Sabha
 He is: Ex-officio chairman of Indian Parliamentary Group + Chairman of Business Advisory
committee; Rules Committee; General purpose committee +
 Removed only by resolution passed by an Absolute Majority- 14 days notice is to be given +
support of atleast 50 members.
 Speaker is at higher rank than all cabinet ministers
 In India Speaker does not resign from party; in Britain Speaker is non-party person.
 Seventh rank in order of precedence along CJI.
3. Deputy Speaker of Lok Sabha
 The institutions of Speaker and Deputy Speaker originated in India in 1921 under the provisions
of the Government of India Act of 1919
 Elected by Loksabha among its member itself
 Dep speaker is not subordinate to speaker
 Date of election is fixed by Speaker.
 Presides over joint sitting in case speaker is absent.
 Whenever appointed as member of Parl. committee, he automatically becomes its chairman.
 Deputy Speaker may vacate office: If he ceases to be a member of the Lok Sabha + If he resigns
by writing to the Speaker + If he is removed by a resolution passed by a majority of all the then
members of the Lok Sabha (Such a resolution can be moved only after giving 14 days‘ advance
notice)
 Since 11th LS: Consensus- Dep speaker comes from opposition party
 Speaker and Dep speaker do not make and subscribe any separate oath or affirmation.

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 Speaker and Dep. Speaker originated in India in 1921 under provisions of GOI 1919.
 1921: Frederick Whyte and Sachidanand Sinha appointed by GG of India as first speaker and
first deputy speaker.
 1925: Vithalbhai J Patel became first Indian and first elected speaker of central legislative
assembly.
 GV Mavlankar- First speaker of LS.
 Ananthasayanam Ayyangar- First Deputy speaker of LS.
Deputy Speaker and Tenth Schedule (Exception):
Tenth Schedule (commonly known as the anti-defection law) says that a person who has been
elected Speaker/ Deputy Speaker shall not be disqualified:
 If he voluntarily gives up the membership of the political party to which he belonged
immediately before such election,
 And does not, so long as he continues to hold such office thereafter, rejoin that political
party or become a member of another political party.
(This exemption applies to Rajya Sabha Deputy Chairman, Chairman/ Deputy Chairman of a
state Legislative Council, and Speaker/ Deputy Speaker of state Legislative Assembly as well.)
4. Panel of Chairperson in Lok Sabha
 Rule of Loksabha- speaker nominates panel of 10 members; anyone of them can preside if office
of speaker and deputy speaker is absent.
 Member of panel of chairperson cannot preside over house, when office of speaker of deputy
speaker is vacant.
 During such time, Speaker‘s duties are performed by member of house as appointed by
President.
5. Speaker Pro Tem
 President appoints a member of lok sabha as speaker pro tem (temporary).
 His oath is administered by President
 His main duty is to administer oath to new members + presiding over the first sitting of Lok
Sabha + conduct the vote for the speaker and deputy speaker + administering the floor test
6. Chairman of Rajya Sabha
 Articles 64 and 89 (1): Vice-President shall be ex-officio Chairman of Rajya Sabha and shall not
hold any other office of profit.
 Can be removed from his office only if he is removed from the office of the Vice-President.
 Unlike the Speaker, the Chairman is not a member of the House.
 Cannot vote in the first instance and can only cast a vote in the case of an equality of votes.
 Salaries fixed by the Parliament and are charged on the Consolidated Fund of India.
7. Deputy chairman of Rajya Sabha
 Elected by the Rajya Sabha itself from amongst its members.
 Constitutional position created under Article 89
 Vacates his office in any of the following three cases: If he ceases to be a member of the Rajya
Sabha + If he resigns by writing to the Chairman + removed by a resolution passed by a majority
of all the then members of the Rajya Sabha; 14 days‘ advance notice.
 Cannot vote in the first instance- he/she can only exercise a casting vote in the case of a tie.
 Entitled to a regular salary and allowance, fixed by Parliament and is charged on the
Consolidated Fund of India.

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8. Panel of Vice-Chairpersons of Rajya Sabha

 Rules of Rajya Sabha: Chairman nominates from amongst the members a panel of vice-
chairpersons and holds office until a new panel of vice-chairpersons is nominated.
 Any one of them can preside over the House in the absence of the Chairman or the Deputy
Chairman.
 cannot preside over the House, when the office of the Chairman or the Deputy Chairman is
vacant.
 During such time, the Chairman's duties are to be performed by such members of the House as
the president may appoint for the purpose.
9. Secretariat of parliament: Headed by Secretary-general; appointed by presiding officer of the
house.
 Lok Sabha Secretariat
o The Speaker of the Lok Sabha advises the Lok Sabha Secretariat, which is an independent
entity of the Lok Sabha.
o The Speaker of the Lok Sabha is assisted in the discharge of his constitutional and statutory
responsibilities by the Secretary-General, Lok Sabha, Additional Secretary, Joint Secretary,
and other officers and staff of the Secretariat at various levels.
o The Secretary General serves until he or she reaches the age of 60, when he or she retires.
o He or she is exclusively accountable to the Speaker, and his or her actions cannot be debated
or criticized inside or outside the Lok Sabha.
o In the absence of the Speaker, he summons members of Parliament to a session of Parliament
and authenticates bills on behalf of the President of India.
 Rajya Sabha Secretariat
o The Rajya Sabha Secretariat was established under the provisions of Article 98 of the
Constitution.
o The Chairman of the Rajya Sabha oversees and controls the Rajya Sabha Secretariat.
10. Leader of the House
 Rules of Lok Sabha : ‗Leader of the House‘ means the Prime Minister (or another minister who
is a member of LS and is nominated by the PM).
 ‗Leader of the House‘ in Rajya Sabha : Minister and a member of Rajya Sabha and is
nominated by PM to function as such.
 S/He exercises direct influence on the conduct of business + Can also nominate a deputy leader
of the house + For the Chair‘s permission, the Leader of the House proposes dates for summons
and prorogation of the House
 not mentioned in the Constitution but in the Rules of the House.
11. Leader of Opposition
 Known as Shadow Prime Minister + Leader of largest Opposition party having not less than
1/10th seats of total strength of the House is recognised as the leader of the Opposition.
 accorded statutory recognition in 1977 and entitled to the salary equivalent to that of a cabinet
minister.
 not mentioned in the Constitution but in the Parliamentary Statute.
12. Whip
 Every political party, whether ruling or opposition has its own whip in the Parliament.
 Appointed by the political party to serve as an assistant floor leader
 Regulates and monitors their behaviour in the Parliament
 neither mentioned in Constitution nor in the other statues. It is based on the conventions of the
parliamentary government.

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 There are some cases such as Presidential elections where whips cannot direct a Member of
Parliament (MP) or Member of Legislative Assembly (MLA) on whom to vote.
 If an MP violates his party‘s whip, he faces expulsion from the House under the Anti Defection
Act.
13. Sessions of Parliament
 Summoning: Specified in Article 85 of the Constitution + Decision is taken by the Cabinet
Committee on Parliamentary Affairs which is formalised by the President + Maximum gap
between two sessions cannot be more than six months.
 Sessions: (No fixed Parliamentary calender) By convention, Parliament meets for three sessions
in a year.
o Budget Session: Longest session, end of January <: the end of April.
o Monsoon Session: Second session, July <: August.
o Winter Session: Third session, November <: December.
 Adjournment: Suspends the work in a sitting for a specified time, which may be hours, days or
weeks.
 Adjournment Sine Die: When the meeting is terminated without any definite time/date fixed for
the next meeting.
 Power of adjournment + adjournment sine die lies with the presiding officer (Speaker or
Chairman) of the House.
 Prorogation: terminates a sitting as well as the session of the House + Done by the President of
India on the advice of Prime Minister
Adjournment Prorogation
Only ends a sitting, not an entire House It not only ends a sitting, but also ends a House
session. session.
The presiding officer is its in-charge Carried out by the President of India.
No bearing on the bills or any other work  No bearing on any bills or other matters
before the House currently before the House.
 all current notices (save those for proposing
bills) expire, and new notices must be issued
for the next session.
14. Dissolution
 Ends very life of existing house + Once LS is dissolved before completion of its normal tenure,
dissolution is irrevocable.
 When LS is dissolved, all business pending before it or its committees expires, including bills,
motions, resolutions, notices, petitions, and so on.
 Some pending bills that is to be considered by Committee on Government Assurances, do not
expire when LS is dissolved.
 Conditions related to lapsing of bills:
o Bill pending in the Lok Sabha lapses (whether originating in the Lok Sabha or transmitted to
it by the Rajya Sabha).
o Bill passed by the Lok Sabha but pending in the Rajya Sabha lapses.
o bill not passed by the two Houses due to disagreement and if the President has notified the
holding of a joint sitting before the dissolution of Lok Sabha, does not lapse.
o bill pending in the Rajya Sabha but not passed by the Lok Sabha does not lapse.
o bill passed by both Houses but pending assent of the president does not lapse.
o A bill passed by both Houses but returned by the president for reconsideration of Houses
does not lapse.

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15. Quorum: (Article 100) Constitution has fixed one-tenth strength as quorum for both Lok Sabha and
Rajya Sabha including the presiding officer + If a quorum is not present, the Speaker must adjourn
the House or postpone the meeting until a quorum is present
 Note : if some business is transacted in a House without quorum, its validity may not be open to
attack in the courts because of the principle of internal autonomy of the 170 House (Article
122(1). The rule regarding quorum is procedural and so directory and not mandatory.
16. Joint Session of Parliament: Article 108 + Provision is borrowed from Government Of India Act
1935 + called by the President and is presided over by the Lok Sabha Speaker. In the speaker‘s
absence, the Deputy Speaker of the Lok Sabha presides over the meeting + In the absence of both, it
is presided over by the Deputy Chairman of the Rajya Sabha + Quorum is 1/10 of total number of
members of the two houses
 A joint session can be called : Whenever one house of Parliament passes a bill and the other
House rejects it, there is a standoff + There is a stalemate whenever one house of Parliament
passes a bill and the other rejects it + The bill was sent to the other House and sat there for more
than six months before it was passed.
17. Language in Parliament
 Constitution declared Hindi and English to be languages for transacting business in Parliament.
 Official languages Act (1963) allowed English to be continued along with Hindi.
18. Rights of Ministers and Attorney General
 Every Minister and AG have right to speak and take part in proceedings of either house without
being entitled to vote.
19. Lame-duck session
 Last session of existing Lok Sabha after a new LS has been elected.
20. Question Hour
 Mentioned in rules of procedure.
 First hour of every parliamentary sitting
 Starred questions: require oral answers; supplementary questions can follow.
 Unstarred questions: requires a written answers; supplementary questions cannot follow.
 Short notice questions: Matters of public importance and of urgent character are considered
under this type of questions + notice of less than ten days and are answered orally.
 Question Hour in both Houses is held on all days of the session except : When the President
addresses MPs from both Houses + The President‘s speech takes place at the beginning of a new
Lok Sabha and on the first day of a new Parliament year
 On the day the Finance Minister presents the Budget.
21. Zero Hour
 Indian parliamentary innovation; not mentioned in the parliamentary rules book + MPs can raise
matters without any prior notice.
 starts immediately after the question hour and lasts until the agenda for the day is taken up.
22. Rules for Parliamentary Motions
 No discussion on a matter of general public importance can take place except on a motion made
with the consent of the Speaker/Chairman as the case may be.
 A written notice of motion must be delivered to the Secretary-General.
 Motions filed in front of tribunals or commissions are not accepted.
 Speeches on the motion may be limited in length by the Speaker/Chairman.
23. Privilege motion
 Moved by a member when he feels that a minister has committed a breach of privilege of the
House.

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 Purpose: censure the concerned minister.

 It can be moved in Rajya Sabha as well as Lok Sabha.
 The Speaker/RS chairperson is the first level of scrutiny of a privilege motion.
 The Speaker/Chair can decide on the privilege motion himself or herself or refer it to the
privileges committee of Parliament.
24. Censure motion
 It should state the reasons for its adoption in the Lok Sabha.
 It can be moved against an individual minister or a group of ministers or the entire council of
ministers.
 moved to censure CoM for specific policies and actions.
 can be moved only in Lok Sabha.
25. Calling Attention motion
 introduced to call the attention of a minister to a matter of urgent public importance.
 Indian innovation
 Mentioned in Rules of Procedure
26. Adjournment motion
 Introduced in the Lok Sabha to draw the attention of the House to a definite matter of urgent
public importance.
 involves an element of censure against the government: Rajya Sabha not permitted to use.
 moved only in Lok Sabha; needs support of 50 members to be admitted
 Discussion on this motion should last for not less than two hours and thirty minutes.
 It should: Raise a matter which is definite, factual, urgent and of public importance + Not cover
more than one matter + Be restricted to a specific matter of recent occurrence + Not raise a
question of privilege + Not revive discussion on a matter that has been discussed in the same
session + Not deal with any matter that is under adjudication of court + Not raise any question
that can be raised on a distinct motion
27. No-Confidence motion
 Article 75 : CoM shall be collectively responsible to LS.
 Lok Sabha can remove the ministry from office by passing a no-confidence motion.
 needs the support of 50 members to be admitted.
 It can be moved only in Lok Sabha.
 Procedure for moving a no-confidence motion is outlined in the rules of Procedure and Conduct
of Lok Sabha
 A written notice of the motion has to be submitted by the member before 10 AM, which will be
read aloud by the Speaker of the House.
28. Censure motion Vs No-confidence motion

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29. Motion of Thanks

 First session after each general election and the first session of every fiscal year is addressed by
the president.
 This motion must be passed in the House. Otherwise, it amounts to the defeat of the government.
 Generally, three days are allotted for the discussion on the Motion of Thanks.
 If any of the amendments are put forward and accepted then the Motion of Thanks is adopted in
the amended form.
30. No-Day-Yet-Named Motion
 Admitted by the Speaker but no date has been fixed for its discussion.
31. Closure motion
 Moved by a member to cut short the debate on a matter before the House.
 Simple Closure: It is one when a member moves that the ‗matter having been sufficiently
discussed be now put to vote‘.
 Closure by Compartments: clauses of a bill or a lengthy resolution are grouped into parts
 Kangaroo Closure: only important clauses are taken up for debate and voting
 Guillotine Closure: undiscussed clauses of a bill or a resolution are put to vote along with the
discussed ones due to want of time.
32. Point of Order
 Raised by member when proceedings of the House do not follow the normal rules of procedure.
 It should relate to the interpretation or enforcement of the Rules of the House.
 usually raised by an opposition member in order to control the government.
 extraordinary device; no debate is allowed on a point of order.
33. Half-an-Hour Discussion
 It is meant for discussing a matter of sufficient public importance.
 Speaker can allot three days in a week for such discussions.
 no formal motion or voting before the House.
34. Short Duration Discussion
 Also known as two-hour discussion as the time allotted for such a discussion should not exceed
two hours.
 MPs can raise such discussions on a matter of urgent public importance.
 There is neither a formal motion before the house nor voting.
35. Special Mention

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 A matter which is not a point of order or which cannot be raised during question hour, half-an
hour discussion, short duration discussion or under adjournment motion, calling attention notice
or under any rule of the House can be raised under the special mention in the Rajya Sabha.
 Its equivalent procedural device in the Lok Sabha is known as ‗Notice (Mention) Under Rule
377‘.
36. Resolutions
 Required to be vote; come in category of substantive motion.
 A member who moved resolution cannot withdraw except by leave of house.
 Private member resolution: alternate Fridays; moved by private member
 Government resolution: Monday to Thursday
 Statutory resolution: Moved either by private member or a minister.
37. Public Bill Vs Private bill
38. Rule 267

 As per Rules of Procedure and Conduct of Business in the Rajya Sabha, Rule 267 relates to
the suspension of rules.
 Under it, Rajya Sabha MPs can submit a written notice to suspend all listed business in the
House and discuss an issue of importance that the country is facing.
 The Chairman alone has the power to give consent for moving of a motion for suspension of
a rule, and it is for the House to decide whether a particular rule should be suspended or not.
 Any member of the Rajya Sabha can issue a notice to the Chairperson for a discussion on any
subject under Rule 267.
39. Types of Bills
 Ordinary bills: concerned with any matter other than financial subjects.
 Money bills: concerned with financial matters like taxation, public expenditure, etc.
 Financial bills: concerned with financial matters (but are different from money bills).
 Constitution Amendment Bills: concerned with the amendment of provisions of the
Constitution.
40. Ordinary bills
 It can be introduced in either House of Parliament either by a minister or by any other member.
The bill is published in the Gazette of India.

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 Bill in the Second House: Pass the bill as sent by the first house (i.e., without amendments) +
Pass the bill with amendments and return it to the first House for reconsideration + Reject the bill
altogether + Not take any action and thus keep the bill pending.
 If second House rejects the bill altogether action for six months: President can summon a joint
sitting of the two Houses.
 Assent of the President: The President may give his assent to the bill + Withhold his assent to
the bill + Return the bill for reconsideration of the Houses.
41. Provisions that make Bill a Money Bill
 Any tax imposed, abolished, remitted, altered, or regulated.
 Regulation of the borrowing of money by the GOI.
 The payment of money into or the withdrawal of money from the Consolidated Fund of India
(CFI) or the Contingency Fund of India (CFI).
 Appropriation of money out of the CFI.
 Declaration of any CFI-charged expense or increase in the amount of any such expenditure.
 Receipt of funds on behalf of the CFI or the public account of India, or custody or distribution of
such funds, or audit of the Union's or a state's accounts.
42. Not to be deemed money bill if related to following:
 Imposition of fines or other pecuniary penalties.
 Fees for licences or fees for services given are demanded or paid.
 Any tax imposed, abolished, remitted, changed, or regulated by a local authority or entity for
local purposes.

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43. Budget in Parliament

 President causes to be laid before both houses the Annual Financial Statement (Article 112).
 It contains the estimated revenues or expenditures of the government for a financial year.
 Expenditure on revenue account should be separated from other expenditure.
 Parliament can reduce or abolish a tax but can‘t increase it.
 Demand for grants can be made only on recommendation of the president.
 No money shall be withdrawn from Consolidated fund except under appropriation made by law.
44. Charged Expenditure: It includes salaries, pensions or expenses of President, UPSC, CAG, SC
judge, Pensions of HC judges, Presiding or deputy presiding officer of LS and RS. Debt of the
Government of India, amounts to satisfy any judgments, expense declared by parliament to be
charged on the fund.
45. Stages in Enactment
o Presentation of budget: Rajya Sabha can only discuss it and has no power to vote on demand
for grants.
o General discussions: No motions of reduction of grants or votes can be made. Finance minister
has the right of reply at end of discussion.
o Scrutiny by department committees: An in-depth scrutiny of demand for grants by department
is made by each departmental standing committee of parliament.
o Voting on the demand for grants: Lok Sabha only can vote on demand for grants and no
voting is allowed on the expenditure charged on the consolidated fund of India.
 Policy cut: Reduces allocation of grant to Re. 1 to indicate disapproval to a policy.
 Token cut: Reduce amount by Rs.100 to ventilate specific grievance
 Economy cut: Reduction by specific amount to suggest economic use of funds.

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 Guillotine: 26 days are allotted for discussions and voting of the demand for grants at the
last day all remaining demands are put to vote and disposed.
 Appropriation bill: contains voted demand for grants and expense charged on the consolidated
fund of India + No amendments can be made on these in any house + This allows expense from
the consolidated fund + To overcome functional difficulty, advance grant: Vote on account
[granted for two months or 1/6th of total estimation].
 Finance bill is also presented containing provisions for taxation. It is like a money bill however
amendment can be moved seeking to reduce or remove a tax. This allows taxes to be levied +
legalized income side of budget.
46. Other grants
 Supplementary grant: Amount authorised by parliament is found insufficient
 Additional grant: extra amount upon some new service not contemplated in budget.
 Excess grant: Amount is spent in excess of the authorised amount; this has to be approved by
the Public accounts committee.
 Vote of credit: for meeting an unexpected demand.
 Exceptional grant: sanctioned for a special purpose
 Token grant: funds to meet a new expenditure can be met by transferred from one head to
another.
47. Various funds
 Consolidated fund of India (Article 266): All revenues credited to the government; all loans
received; all payment received as repayment of loans given; are credited to this fund. No money
can be issued or withdrawn except by law.
 Contingency fund of India (Article 267) To meet unforeseen circumstances parliament created
this fund. It is at the disposal of the president. Money can be issued pending authorization of
parliament. The Secretary of, Finance Ministry holds this fund on behalf of the President of
India.
 Public account of India (Article 266) Payment usually of the nature of banking transactions are
made from this account; It is operated by executive action; includes Provident fund deposits,
judicial deposits, savings bank deposits, departmental deposits or remittances etc. + The
government does not need permission to take advances from this account.
48. Delegated legislation: Parliament makes laws in skeleton and authorizes executive to make detailed
rules.
49. Equal status of Rajya Sabha with Lok Sabha
 Intro and passage of ordinary bills
 Introduction and passage of constitutional amendment bills.
 election and impeachment of the President (Articles 54 and 61)]
 election of the Vice-President (Article 66)
 to make law defining parliamentary privileges and also to punish for contempt (Article 105)
 approve the Proclamation of Emergency (issued under Article 352), Proclamations regarding the
failure of the Constitutional machinery in States (issued under Article 356)
 receive reports and papers from CAG, UPSC, Special Officer for the Scheduled Castes and
Scheduled Tribes [Article 338(2)], Commission to investigate the conditions of the Backward
Classes [Article 340(3)] and Special Officer for Linguistic Minorities [Article 350 B (2)].
50. Unequal status with Lok Sabha
 Only the Lok Sabha can introduce a money bill under Article 110.
 Only the Lok Sabha can introduce a financial bill under Article 110 (1).

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 Speaker of the Lok Sabha determines whether bills are Money Bills, whereas the Chairman of
the Rajya Sabha does not have this authority.
 Union Budget: the Rajya Sabha can only debate it and not vote on grant requests.
 A resolution for discontinuance of national emergency can be passed only by LS.
51. Special Powers of Rajya Sabha
 It can authorise the Parliament to make a law on a subject enumerated in the State List (Article
249).
 It can authorise the Parliament to create new All-India Services common to both the Centre and
states (Article 312).
 It alone can initiate a move for the removal of the vice-president
52. Parliamentary Privilege
 Article 105 for Parliament and Article 194 for State Assemblies mentions two privileges, i.e.
freedom of speech in Parliament and right of publication of its proceedings.
 Parliament has not made any special law to exhaustively codify all the privileges. They are rather
based on five sources: Constitutional provisions + Various laws made by Parliament + Rules of
both the Houses + Parliamentary conventions + Judicial interpretations
 Extend to Attorney General and Union Ministers as well ; but do not extend to President.
 44th CAA: restored freedom of press to publish true reports of parl. proceedings without prior
permission of house [not applicable to secret sitting].
 Courts are prohibited to inquire into proceedings of house.
 Members cannot be arrested during session of parliament and 40 days before beginning and 40
days after end of session.
 If the detention of any members of the parliament is made, the chairman or the speaker should be
informed by the concerned authority, of the reason for the arrest.
 But a member can be arrested outside the limits of the house on criminal charges against him
under the Preventive Detention act, the Essential Services Maintenance Act (ESMA), the
National Security Act (NSA), or any such act.
 No person shall be held liable for publishing any reports, discussions etc. of the house under the
authority of the member of the house.
 The members of the house have the power and right to exclude strangers who are not members
of the house from the proceedings.
 Exempted from jury service: refuse to give evidence and appears as a witness when
parliament is in session.

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CHAPTER 25: PARLIAMENTARY COMMITTEES
1. Introduction: The Constitution of India makes a mention of these committees at different places,
but without any specific provisions. All these matters are dealt by the rules of two houses.
2. Public Accounts committee
 GOI act 1919 prompted creation of the Committee on Public Accounts in 1921.
 Composition: 22 members (15 LS + 7 RS); elected by parliament every year from amongst its
members + principle of proportional representation by means of a single transferable vote.
 Term of members = one year + A minister cannot be elected as a member
 Chairman is appointed by the speaker from amongst the members.
 Until 1966-67, the chairman of the committee belonged to the ruling party.
 Since 1967 a convention: the chairman selected invariably from the opposition.
 Examine the annual audit reports of CAG; also looks from point of view of economy, prudence,
wisdom, propriety to bring out cases of waste, loss and corruption.
 Functions: Examine appropriation accounts and finance accounts of Union government +
Examine accounts of state corporations, trading concerns and manufacturing projects + examine
any money spent on any service throughout a fiscal year in excess of the amount granted by the
Lok sabha for that purpose.
 CAG acts as a guide, friend and philosopher of the committee.
3. Estimates committee
 Origin traced to standing financial committee set up in 1921.
 First Estimates Committee in the post-independence era constituted in 1950 on recommendation
of John Mathai.
 Composition: Originally 25 members; raised to 30 in 1956.
 All the 30 members are from Loksabha only.
 Term of office is one year.
 Members are elected according to the principle of proportional representation by means of a
single transferable vote.
 No minister can be a member of the estimates committee
 Chairman is appointed by Speaker of the Loksabha from amongst its members and invariably
belongs to the ruling party.
 Also called the Continuous Economy Committee.
 Functions: suggest alternative policies to bring about efficiency and economy in administration +
To examine whether money is well laid out within limits of the policy implied in the estimates +
Committee may continue the examination of estimates from time to time, throughout the
financial year and report to the house as its examination proceeds.
4. Committee on Public Undertakings
 Created in 1964 on recommendation of Krishna Menon committee.
 Originally 15 members; membership was raised to 22 in 1974 (15 LS + 7RS).
 Members elected according to principle of PR by means of STV.
 The term of office of the members is one year; Minister cannot be elected as a member.
 Chairman is appointed by Speaker from amongst its members drawn from Lok Sabha only.
 Functions: Examine CAG and auditor general's reports on public undertakings + It determines if
the PSU's affairs are handled in accordance with sound business and commercial concepts and
procedures + All Government Companies whose Annual Reports are laid before two houses
under section 619A (1) of Companies Act, 1956 are included in the Committee's jurisdiction.

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 It does not examine matters of day-to-day administration + matters of major government policy
as distinct from business or commercial functions of PSUs.
5. Departmental Standing Committees (DRSCs)
 On recommendation of Rules committee of LS, 17 DRSCs were set up in 1993 + increased to 24
in 2004.
 Objective: Secure accountability of Executive to Parliament.
 Composition: 31 members (21 LS + 10 RS).
 Tenure = 1 year
 A minister cannot hold the committee‘s membership.
 24 standing committees : 16 departmental standing committees in LS and 8 departmental
standing committees in RS.
 The committees consider demands for grants of concerned ministries before they discussed and
voted in Lok Sabha.
 Its report should not suggest anything of the nature of cut motions.
6. Committee on Petitions: LS committee consists of 15 members and RS committee consists of 10
members.
7. Committee of Privileges: Semi-judicial in nature; LS Committee (15 members); RS committee (10
members).
8. Committee on Government assurances: 15 members in LS + 10 members in RS.
9. Committee on Subordinate legislation: Scrutinizes and reports the house whether the power to
make regulations, rules, sub rules, by laws conferred by constitution or delegated by parliament are
being properly exercised by Executives + consists of 15 members in both the houses.
10. Committee on papers laid on table: LS committee consists of 15 members + RS committee
consists of 10 members + It does not examine statutory notifications and orders that fall under
jurisdiction of Committee on Subordinate legislation.
11. Committee on welfare of SCs and STs: 30 members (20 from LS and 10 from RS).
12. Committee on empowerment of women: 30 members (20 from LS and 10 from RS).
13. Joint committee on office of profit: 15 members (10 LS + 5RS).
14. Business advisory committee: regulates the programme and time table of house + LS committee
consists of 15 members including Speaker as its chairman + RS: 11 members including Chairman as
its ex-officio chairman.
15. Committee on private members bills: Special committee of Lok Sabha + 15 members including
Deputy speaker as its chairman + The same function is performed by Business advisory committee
in Rajya Sabha.
16. Rules committee: LS committee consists of 15 members including Speaker as its ex-officio
chairman + In RS it consists of 16 members including chairman as its ex-officio member.
17. Committee on absence of members: Examines cases of members who have been absent for a
period of 60 days or more without permission + Special committee of LS which consists of 15
members + No such committee in Rajya Sabha.
18. Consultative Committee: these are not parliamentary committees; Minister/ minister of state is
chairman; it is forum for informal discussion; it is constituted by Ministry of Parliamentary Affairs;
membership is voluntary; maximum membership is 30 and minimum is 10 members + Committees
dissolved upon dissolution of every LS and shall be reconstituted upon constitution of each Lok
Sabha.
19. Note: Attorney General and Vice President can be members of the Parliamentary committees.

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CHAPTER 26: PARLIAMENTARY FORUMS
 The first Parliamentary Forum on Water Conservation and Management was constituted in 2005.
 At present, there are eight Parliamentary forums
 Objectives- To provide a platform to the members to have interactions with the ministers concerned,
experts and key officials from the nodal ministries; To sensitize members about the key areas of
concern and also about the ground level situation and equip them with the latest information.
 The Speaker of Lok Sabha is the ex-officio President of all the Forums except the Parliamentary
Forum on Population and Public Health wherein the Chairman of Rajya Sabha is the ex-officio
President and the Speaker is the ex-officio Co-President
 Each Forum consists of not more than 31 members (excluding the President, Co-President and Vice-
Presidents) out of whom not more than 21 are from the Lok Sabha and not more than 10 are from the
Rajya Sabha.
 Duration: coterminous with their membership in the respective Houses.
 Experts from various fields can be special invitees in the forum.
 The President of forum appoints a member-convener for each forum; meetings of forums are held
time to time, as may be necessary, during Parliament sessions.
CHAPTER 27: PARLIAMENTARY GROUP
1. Composition of Indian Parliamentary Group (IPG)

 It is an autonomous body formed in 1949 in pursuance of motion adopted by Constituent
Assembly.
 Membership open to all members of Parliament.
 Former members of Parliament can also become associate members of the group.
 Associate members not entitled to representation of meetings of IPU and CPA.
 The Speaker of the Lok Sabha is the ex officio president of the Group.
 The Deputy Speaker of the Lok Sabha and the Deputy Chairman of the Rajya Sabha are the ex
officio vice-presidents of the Group.
 The Secretary General of the Lok Sabha acts as the ex officio Secretary-General of the Group
2. Functions of Indian Parliamentary Group
 Link between the Indian Parliament and other parliaments throughout the world. Under the aegis
of the IPG, visiting chiefs of state and governments of foreign
 The Indian Parliamentary Delegations may only include members of the Parliament Group who
have served for at least six months at the time of the delegation's formation. 

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CHAPTER 28: SUPREME COURT
1. Introduction: The Indian constitution has established an integrated judicial system with the
Supreme court at the top and high courts below it. SC was inaugurated on January 28, 1950;
succeeded Federal court of India established under GOI act, 1935. It replaced British Privy Council
in 1950. Single system of courts enforces both central and state laws. Jurisdiction of Supreme court
is higher than its predecessor.
2. Constitutional Provisions: Article 124 to 147 in Part V of the constitution deals with organization,
independence, jurisdiction, powers, and procedures. The Parliament is also authorized to regulate
them.
3. Parliament cannot curtail jurisdiction of SC, however parliament can extend the Jurisdiction of SC.
4. SC is the custodian of the constitution of India.
5. Organization of Supreme Court: Originally the strength of the Supreme Court was fixed at eight
(one chief justice and seven other judges) + In 2019, the center notified an increase in the number of
Supreme Court judges from thirty-one to thirty-four (34), including CJI.
6. Appointment of Judges
 The judges of the Supreme Court are appointed by the president.
 The chief justice is appointed by the president after consultation with such judges of the Supreme
Court and high courts as he deems necessary.
 The other judges are appointed by president after consultation with the chief justice and such
other judges of the Supreme Court and the high courts.
 The consultation with the chief justice is obligatory in the case of appointment of a judge other
than the Chief justice.
 1st judges‟ case (1982): Consultation does not mean concurrence.
 2nd judges‟ case (1993): Consultation means concurrence; advice tendered by CJI is binding on
President in matters of appointment of judges of SC + CJI should consult two of his senior most
colleagues + Senior most judge of SC should alone be appointed to the office of CJI.
 3rd judges‟ case (1998): Consultation of plurality judges + CJI should consult a collegium of
four seniormost judges of SC.
 4th judges case (2014): The court opined that the new system NJAC will curtail independence of
judiciary.
7. Qualification of Judges: citizen of India + should have been a judge of a High Court for 5 years or
should have been an advocate of a High Court for 10 years or should be a distinguished jurist in the
opinion of the president. Note: Constitution has not prescribed a minimum age for appointment as a
judge.
8. Tenure of Judges
 Constitution has not fixed the tenure of a judge of the Supreme Court.
 holds office until he attains the age of 65 years (question regarding age determined by
parliament)
 He can resign his office by writing to the President (Note: not CJI)
 He can be removed from his office by the President on the recommendation of the Parliament:
Grounds: Misbehavior and incapacity.
9. Removal of Judges- Judges Enquiry act (1968) regulates the Procedure:
 A removal motion signed by 100 members (in the case of Lok Sabha) or 50 members (in the case
of Rajya Sabha)
 The Speaker/Chairman may admit the motion or refuse to admit it.

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 If admitted: 3 member committee of 3 judges of the Supreme Court and a distinguished jurist is
constituted by Speaker/Chairman.
 After the motion is passed by each House of Parliament by special majority, an address is
presented to the president for removal of the judge.
 no judge of the Supreme Court has been impeached so far.
 Parliament is empowered to regulate the procedure for the investigation and proof of such
misbehavior or incapacity.
 A judge may be removed from his office only by an order of the president.
10. Salaries and allowances
 The salaries, allowances, privileges, leave and pension of the judges of SC are determined from
time to time by the Parliament.
 They cannot be varied to their disadvantage after their appointment except during a financial
emergency.
11. Acting Chief Justice: The President can appoint a judge of the Supreme Court as an acting Chief
Justice of India; when Office is vacant/ CJI is absent/ CJI is unable to perform the duties.
12. Ad hoc Judge- When there is a lack of quorum of the permanent judges to hold or continue any
session of the Supreme Court, the Chief Justice of India can appoint a judge of a High Court as an ad
hoc judge of the Supreme Court for a temporary period. Can only do so after consultation with chief
justice of that high court and previous consent of the president.
13. Retired Judge- At any time, the chief justice of India can request a retired judge of the Supreme
Court or a retired judge of a high court to act as a judge of the Supreme Court for a temporary
period. Such a judge is entitled to such allowances as the President may determine. Can do so only
after previous consent of president.
14. Seat of Supreme Court: Designated under the Constitution as Delhi. It also empowers the Chief
Justice to appoint another location or location as the Supreme Court's seat; only with the President's
approval can he/she decide in this regard + provision is only optional and not compulsory.
15. Procedure of the court
 With the President's consent, SC can issue rules that govern the court's general practice and
procedure.
 A bench of at least five judges decides on constitutional cases or references brought by the
President under Article 143.
 The verdicts are handed down in open court.
 All decisions are made by a majority vote, but judges can provide opposing judgments or
opinions if they disagree.
 Majority view of a larger bench will always prevail over a bench of lesser strength even if latter
saw a greater number of judges agreeing with each other. (Supreme Court Verdict)
16. Independence of Supreme court
 Federal court; highest court of appeal; guarantor of fundamental rights of citizens and guardian
of the constitution.
 Judges can be removed by President only on grounds mentioned in constitution.
 Salaries of judges determined from time to time by Parliament.
 Salaries, allowances and pensions of judges and staff as well as admin. expenses of SC are
charged on Consolidated Fund of India: Non-votable by Parliament.
 Conduct of judges cannot be discussed except when an impeachment motion is under
consideration of Parliament.
 Ban on practice after retirement.
 Power to punish for its contempt.

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 Freedom to appoint its staff and prescribe their conditions of service.

 Parliament is not authorized to curtail the jurisdiction and powers of SC. However, Parliament
can extend the same.
 Separation from Executive
17. Jurisdiction and Powers of Supreme court
 Original jurisdiction (Article 131): As a federal court, SC decides disputes between different
units of Indian federation - the Centre and one or more states; or the Centre and any state or
states on one side and one or more states on the other; or between two or more states. In the
above federal disputes, the Supreme Court has exclusive original jurisdiction.
o Jurisdiction does not extend to:
 A dispute arising out of any pre-Constitution treaty, agreement, covenant,
 A dispute arising out of any treaty, agreement, etc., which specifically provides that the
said jurisdiction does not extend to such a dispute.
 Inter-state water disputes.
 Matters referred to the Finance Commission.
 Adjustment of certain expenses and pensions between the Centre and the states.
 Ordinary dispute of Commercial nature between the Centre and the states.
 Recovery of damages by a state against the Centre.
 Any suit brought before SC by a private citizen against the Centre or State cannot be
entertained under this.
 Writ Jurisdiction
o The Supreme Court has original jurisdiction in the sense that an aggrieved citizen can
directly go to the Supreme Court, not necessarily by way of appeal.
o Not exclusive: HCs are also empowered to issue this.
o SC can issue writ only for enforcement of FR. HC have wider writ jurisdiction than SC.
 Appellate Jurisdiction
 It enjoys a wide appellate jurisdiction which can be classified under four heads:
 Appeals in constitutional matters.
 Appeals in civil matters.
 Appeals in criminal matters.
 Appeals by special leave.
 Appeal by Special leave: SC is authorized to grant in its discretion special leave to appeal from
any judgement in any matter passed by any court or tribunal in the country (except military
tribunal and court martial) + This power of the Supreme Court under Article 136 is discretionary
and Court may or may not allow special leave to appeal to any person + As per the Civil
Procedure Code and the Supreme Court Rules, any person aggrieved by judgment can file a
review petition + It would ordinarily be entertained without oral arguments by lawyers. It is a
discretionary power and hence cannot be claimed as a right.
 Advisory Jurisdiction
 The Constitution (Article 143) authorizes the president to seek the opinion of the
Supreme Court in the two categories of matters: (a) On any question of law or fact of public
importance which has arisen, or which is likely to arise (Supreme Court may tender or may
refuse to tender its opinion to the president) (b) On any dispute arising out of any pre-
constitution treaty, agreement.
 In first case, SC may tender or refuse to tender its opinion to president; in second case: SC
must tender its opinion to the President. In both cases the opinion expressed is only advisory.

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 Court of Record: All the proceedings of the Supreme Court are recorded and assume the form
of case law. Such decisions are binding on all courts in India.
18. Other Powers
 It decides disputes regarding election of President and Vice-President: original, exclusive and
final authority.
 Enquires into conduct and behavior of chairman and members of UPSC on reference made by
President. The advice tendered by SC in this regard is binding on President.
 Ultimate interpreter of the constitution.
 Power of judicial superintendence and control over all the courts.
 SC jurisdiction w.r.t matters in Union list can be enlarged by the Parliament.
19. Supreme Court Advocates
 Senior Advocates
 Designated as senior advocates by the supreme court of India or by any High Court.
 not entitled to appear without an Advocate-On-Record in the Supreme Court or without a
junior in any other court or tribunal in India.
 Advocates on Record
o Only these advocates are entitled to file any matter or document before the Supreme Court.
o They can also file an appearance or act for a party in the Supreme Court.
 Other Advocates
o These are advocates whose names are entered on the role of any State Bar
Council maintained under the Advocates Act, 1961 and
o they can appear and argue any matter on behalf of a party in the Supreme Court, but they
are not entitled to file any document or matter before the Court.

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CHAPTER 29: JUDICIAL REVIEW
1. Introduction: Judicial review is the power of the judiciary to examine the constitutionality of
legislative enactments and executive orders of both the Central and State governments.
 Doctrine of judicial review originated and developed in USA.
 Supreme Court has declared the power of judicial review as a basic feature of the Constitution or
an element of the basic structure of the Constitution
 Though ‗Judicial Review‘ has nowhere been used in Constitution, the provisions of several
Articles explicitly confer the power of judicial review on Supreme Court and High Courts:
Article 13, 32, 131, 132 133, 134, 134-A, 135, 136, 143, 226, 227, 245, 246, 251 and 372.
 The scope of judicial review in India is narrower than what exists in USA, though the American
Constitution does not explicitly mention the concept of judicial review in any of its provisions.
 This is because, the American Constitution provides for ‗due process of law‘ against that of
‗procedure established by law‘ which is contained in the Indian Constitution
2. Judicial Review in Ninth Schedule
 Article 31B saves the acts and regulations included in the Ninth Schedule from being challenged
and invalidated on the ground of contravention of any of the Fundamental Rights
 Article 31B along with 9th Schedule was added by 1st Constitutional Amendment Act, 1951.
 I.R. Coelho case (2007): Supreme Court ruled that there could not be any blanket immunity
from judicial review of laws included in the Ninth Schedule.
 It was on April 24, 1973, that Supreme Court first propounded doctrine of ‗basic structure‘ or
‗basic features‘ of the constitution in its landmark verdict in the Kesavananda Bharati case.
3. Judicial doctrines
 Doctrine of Basic Feature: It refers to the judicial idea that some fundamental elements of the
Indian Constitution cannot be changed or eliminated through parliamentary amendments.
 Doctrine of Harmonious construction: It says that in order to avoid any inconsistencies or
repugnancies, a statute's provisions should not be understood or construed in isolation but rather
as a whole.
o Eg, in CIT v. Hindustan Bulk Carriers, SC said that courts must interpret conflicting laws
in a way that harmonises them to avoid a conflict over incompatible clauses.
 Doctrine of Pith and Substance: It resolves conflict between the different subjects in different
lists and to resolve the inconsistency between laws made by the Centre and the State Legislature.
 Doctrine of Colourable Legislation: When a Legislature lacks the authority to directly establish
laws on a subject but yet does so, the Doctrine of Colourable Legislation comes into play.
 Doctrine of Severability: It states that just the offending section of a statute, not the entire
statute, shall be found invalid by the court when a specific provision of a statute violates or
conflicts with a constitutional provision.
 Doctrine of Territorial Nexus: It states that state laws are only applicable within their own
borders when there is a close enough connection between the state and the object in question.
 Doctrine of separation of powers: It states that the three organs of the government, the
executive, the legislature and the judiciary have separate functions and powers, and one organ
does not interfere in the functioning of the others.
 Doctrine of judicial Review: The power of judiciary to interpret law and annul legislation that
conflicts with the constitution is referred to as the Doctrine of Judicial Review.

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CHAPTER 30: JUDICIAL ACTIVISM AND PUBLIC INTEREST LITIGATION
1. Judicial activism denotes the proactive role played by the judiciary in the protection of the
rights of citizens and in the promotion of justice in the society.
2. The concept of judicial activism originated and developed in USA. Term was coined by Arthur
Schlesinger.
3. In India, the doctrine of judicial activism was introduced in mid1970s. Justice V.R. Krishna Iyer,
Justice P.N. Bhagwati, Justice O. Chinnappa Reddy and Justice D.A. Desai
4. Public Interest Litigation
 Originated in USA in 1960s.
o Justice V.R. Krishna Iyer and Justice P.N. Bhagwati were the pioneers of the concept of
PIL. PIL is also known variously as Social Action Litigation (SAL), Social Interest Litigation
(SIL) and Class Action Litigation (CAL)
o In 1998, the Supreme Court formulated a set of guidelines to be followed for entertaining
letters or petitions received by it as PIL. These guidelines were modified in 1993 and 2003.
o Public interest litigation is not defined in any statute or in any act + The expression has been
borrowed from American jurisprudence,
o Matters which are entertained under PIL are: Bonded Labour matters + Neglected
Children + Non-payment of minimum wages to workers and exploitation of casual workers +
Atrocities on women + Environmental pollution and disturbance of ecological balance +
Food adulteration + Maintenance of heritage and culture
o Matters not entertained under PIL: Landlord-Tenant matters; service matter and those
pertaining to pension and gratuity; admission to medical and other educational institution;
petitions for early hearing of cases pending in HCs and Subordinate courts.

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CHAPTER 31: GOVERNOR
1. Introduction: Articles 153 to 167 in Part VI of the constitution deals with the state executive. The
state executive consists of governor, chief minister, the council of Ministers and advocate-general of
the state. The governor is the chief executive head of the state. Constituent assembly accepted
Canadian model in this regard.
2. 7th constitutional amendment act (1956): Appointment of same person as a governor for two or
more states.
3. Appointment of Governor
 Article 165: Authorizes the President to appoint the Governor of State by warrant under his
hand and seal for a five-year term.
 SC: Office of Governor is not an employment under central government; it is an independent
constitutional office and not subordinate to central government.
4. Reasons for system of presidential nomination rather than direct elections of governor:
Nominated governor would encourage centripetal tendencies + Directly elected Governor would be a
partymen instead of being impartial + Conflicts between CM and governor may arise if both are
elected + No point in spending money on governor who is only a symbolic figure.
5. Qualifications
 Constitution: Citizen of India; completed 35yrs.
 Conventions: Outsider (Sarkaria Commission) + President required to consult CM of the state
concerned while appointing the governor.
6. Conditions of Office
 Not member of either house
 No office of profit
 When same person appointed as governor for two or more states: emoluments shared by states
as determined by President.
 Enjoys personal immunity from legal liabilities from his official acts.
 immune from criminal proceeding (even if personal)-No criminal proceeding during term.
 2 months-notice in civil proceedings during term
 Oath- Administered by Chief Justice of concerned state high court and in his absence, the senior-
most judge of that court available.
7. Term of Governor‟s office
 Term: 5yrs; subjected to pleasure of President (‗Pleasure‘-NOT under Judicial Review).
 Governor can hold office beyond his term of five years until his successor assumes charge.
 Chief justice of HC may be appointed temporarilyif office vacant.
 Governor has no security of tenure.
 No ground specified for removal of governor.
 Transfer of governors done by president
 Reappointment of the same person as Governor in same state is possible.
 BP Singhal Vs Union of India (2010): Supreme Court said that: President has the power to
remove a Governor at any time without giving him or her any reason + However, this power
cannot be exercised in an arbitrary, capricious or unreasonable manner + should only be
exercised in rare and exceptional circumstances for valid and compelling reasons
8. Powers of Governor
 Executive powers: All executive actions in his name + make rules for convenient transaction of
business of state government + Appoints CM and other ministers + Appoints tribal welfare
minister in Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha + Appoints advocate general

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of state + Appoints State Election commissioner + Appoints chairman and members of State
public service commission (they can be removed only by President) + Chancellor of Universities
in the state; appoints vice-chancellors of universities in the state. + Consulted by the president in
appointment of judges of the State High Court
 Legislative powers: Summon/prorogue/Dissolve State Legislative Assembly + Nominates-1/6
member in council from persons having special knowledge in literature, science, art, cooperative
movement, and social service + Give Assent or withhold assent + return bills and also can
Reserve bills for consideration of president (Recently SC held that Governor can withhold the
bill only once, if the same bill is passed again by state legislature, governor shall give his assent.
Governor cannot reserve such bill for presidential consideration) + Issue ordinance + Decides on
question of disqualification of members of state legislature in consultation with Election
commission. [Note: Reservation of bill for consideration of President is obligatory where the bill
passed by state legislature endangers the position of the state High court].
 Financial powers: Money Bills only with prior recommendations of governor + constitutes state
financecommission every 5 year + Make advances out of Contingency fund of State.
 Judicial powers: He/she is consulted by president while appointments of judges of HC +
Pardoning power except Death sentence + Make appointments, postings and promotions of
district judges in consultation with state high court.
 Note: The governor has no emergency powers but he has the power to make a report to the
president whenever he is satisfied that government of the state cannot be carried on in
accordance with the provisions of the constitution.
9. Veto Powers
 Ordinary Bills: 4 alternatives- Assent, withhold, return and reserve bill. 
 Money Bills: 3 alternatives- He cannot return Bill for reconsideration. 
 If Money Bill Reserved by Governor for President, then president has 2 options- Assent the bill
or withhold assent.
 President cannot Return Money Bill for reconsideration of state legislature (as in the case of
Parliament).
10. Ordinance making power
 Co-extensive with legislative power of the state legislature.
 Not a discretionary power: Promulgate or withdraw ordinance only on advice of CoM.
 Promulgate ordinance when both or either of house not insession in case of Bicameral.
 Only when he is Satisfied to act (44thAmendment act: Satisfaction is under Judicial Review)
 Ordinance making power of president is Coextensivewith parliament but not parallel.
 ordinance making power of Governor is not Discretionarypower.
 President can instruct Governor on Ordinance Making in three cases: Bill containing provisions
which require previous sanction of President + Deemed necessary to reserve a bill containing
same provisions for consideration of President + If act of SL would have been invalid without
President‘s assent.
 All ordinances issued by President must be approved by parliament within 6 weeks after its
reassembly.
11. Pardoning Power
 Pardon, commute, reprieve, respite, suspend convicted of any offense against State Laws
 No pardon for Death Sentence; but governor can suspend, Remit, Commute Death sentence.
 Recently, the Supreme Court (SC) held that the Governor‘s power to pardon overrides Section
433A of Code of Criminal Procedure (CrPC).
12. Constitutional Position of Governor

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 Governor is a nominal executive.

 42nd CAA: Ministerial advice made binding on President, but no such provision has been made
with respect to the Governor.
 Constitutional Discretionary powers: Reservation of Bills for president‘s consideration +
Recommend President‘s Rule + while administration of Adjoining UT + Seeking information
from Chief minister(CM) regarding administrative and legislative policies + establishment of
separate Development Board MH, Gujarat ,Assam, Nagaland, Manipur, Sikkim, Arunachal
Pradesh, Karnataka.
13. Important facts
 The judges of High court are appointed by President and not governor.
 Governor appoints Chairman and members of SPSC. But they are removed only by the
President.
 Governor appoints State Election commissioner, but he can be removed only in like manner as a
judge of High court.

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CHAPTER 32: CHIEF MINISTER
1. Introduction: Chief Minister is the real executive authority (de facto executive) and governor is the
nominal executive authority (de jure executive).
2. Appointment
 Constitution does not contain any specific procedure for selection and appointment of CM.
 Article 164: Chief Minister shall be appointed by the governor.
 The form of oath of office and secrecy for the Chief Minister is like that for any state minister.
 Conventions: A leader of the party that has got the majority share of votes in the assembly
elections, is appointed as CM.
 In case of no party has a clear majority in the assembly, then the Governor may exercise his
personal discretion in the selection and appointment of the CM.
o Governor may use his personal discretion when CM dies in office and there is no obvious
successor, if ruling party elects a new leader, Governor must appoint him as CM.
 A person who is not member of legislature can be appointed as Chief Minister for 6 months,
within which time, he should be elected to legislature, failing which he ceases to be CM.
 Constitution does not require the person must prove his majority before he is appointed as CM.
Governor may first appoint him and then ask him to prove majority within a reasonable time.
 CM can be a member of any house of state legislature.
3. Term of Chief Minister
 Not fixed and he holds office during the pleasure of the governor.
 He cannot be dismissed by the governor as long as he enjoys the majority support.
 Salary and allowances are decided by State legislature. Equal to Salary of MLA + Allowances.
 With Respect to Council of Ministers: Ministers appointed by Governor as recommended by
CM + allocates and reshuffles the portfolios among ministers + bring about the collapse of
the CoM by resigning from office or by death, since the Chief Minister is the head of the council
of ministers. Can advise the governor to dismiss a minister in case of difference of opinion.
 With respect to Governor: Article 167: CM acts as a link between Governor and state council
of ministers + CM advises the Governor regarding the appointment of advocate general,
chairman and members of the State Public Service Commission, State Election Commission, etc.
 With Respect to State Legislature: All policies are announced by him in house + recommends
dissolution of assembly to Governor & advices him on summoning and proroguing.
 With respect to Cabinet: CM constitute cabinet and allocates portfolios + He summons cabinet
meeting and decides agenda of meeting.
 Other Functions: Chairman of State Planning Board + acts as vice-chairman of concerned zonal
council by rotation, holding office for a period of one year at a time + member of the Inter-State
Council and the Governing Council of NITI Aayog, both headed by PM + chief spokesman of
the state government + crisis manager-in-chief at the political level during emergencies +
political head of the services + Chairperson of State Disaster Management Authority (SDMA)
5. Relationship with Governor
 Article 163: There shall be CoM with CM as head to aid and advice the governor, except in so
far as he is required to exercise his functions or any of them in discretion.
 Article 164: CoM shall be collectively responsible to legislative assembly of the state.
 Article 167: It shall be duty of CM to communicate to governor of state all decisions of CoM
relating to administration of affairs of state.

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CHAPTER 33: STATE COUNCIL OF MINISTER
1. Introduction: The CoM headed by Chief Minister is the real executive authority in the politico-
administrative system of a state + Article 163 deals with status of CoM + Article 164 deals with
appointment, tenure, responsibility, qualifications, oath, and allowances of ministers.
2. Article 163: Council of Ministers to aid and advise Governor, except in so far he is to exercise his
functions in his discretion+ if any question arises whether a matter falls within Governor‘s discretion
or not, decision of governor shall be final + The advice tendered by Ministers to the Governor shall
not be inquired into in any court.
3. Article 164: Other provisions as to Ministers:
 CM and other Ministers (on the advice of CM) shall be appointed by Governor and the other
Ministers shall be appointed by the Governor on the advice of CM.
 Ministers shall hold office during the pleasure of the Governor.
 The no. of ministers including CM in a state shall not be less than 12 .
 (91st CAA 2003) Number of ministers, including the Chief Minister, in COM shall not exceed 15
per cent of the total strength of the legislative assembly + Number of ministers, including the
chief minister shall not be less than 12.
 A member of either House of state legislature belonging to any political party who is disqualified
on the ground of defection shall also be disqualified to be appointed as a minister.
 C.O.M shall be collectively responsible to the State Legislative Assembly.
 A minister not a member of the state legislature for six consecutive months: cease to be a
minister.
 Salaries and allowances of Ministers are determined by state legislature.
 In Chhattisgarh, Jharkhand, Madhya Pradesh and Odisha, there shall be a Minister in charge of
tribal welfare [94th CAA freed Bihar from obligation].
4. Article 166: Conduct of Business of the Government of a State
 All executive action of the Government of a State shall be expressed to be taken in the name of
the Governor.
 makes rules for the more convenient transaction of the business of the government of the state,
and for the allocation among ministers of the said business.
5. Article 167: Duties of Chief Minister
 To communicate to the Governor of the state all decisions of the council of ministers relating to
the administration of the affairs of the state.
 To furnish such information relating to the administration of the affairs of the state.
6. Article 177: Rights of Ministers as Respects the houses:
 right to speak and take part in the proceedings of the Assembly (and the Council where it exists)
and any Committee of the State Legislature of which he may be named a member [not be entitled
to vote].
7. Nature of advice by Ministers
 The nature of advice tendered by ministers to the Governor cannot be enquired by any court.
 SC: CoM must always exist to advise the governor even after dissolution of state legislative
assembly or resignation of CoM. Hence the existing ministry may continue in office until its
successor takes charge.
8. Salaries and allowances of Ministers: are determined by State legislature from time to time.
9. Dismissal of a Ministers
 A Minister hold office during the pleasure of Governor. This pleasure is the consent of Chief
Minister.

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 It is the Chief Minister who select the members of his team. This power is given to the Chief
Minister to uphold the Collective Responsibility in the legislature.
 No person shall be retained as a member of council if the Chief Minister want to dismiss a sitting
member.
 If he loses elections.
 Cannot gets elected or nominated (in case of Legislative Council) within 6 months.
10. Collective responsibility
 Article 164 – Council of ministers is collectively responsible to the legislative assembly of the
state for all their acts of omission and commission.
 They work as a team and swim or sink together.
 When No – Confidence Motion passed: all the ministers must resign including those ministers
who are from the legislative council.
 Cabinet decisions bind all cabinet ministers (and other ministers) even if they deferred in the
cabinet meeting.
11. Individual responsibility
 Article 164 – also contains the principle of individual responsibility.
 The ministers hold office during the pleasure of the Governor.
 the Governor can remove a minister only on the advice of the Chief Minister.
12. No legal responsibility
 in India there is no provision for the system of legal responsibility of a minister.
 It is not required that an order of the governor for a public act should be countersigned by a
minister.
 courts are barred from enquiring into the nature of advice rendered by the ministers to the
Governor.
 In Britain, every order of the King for any public act needs to be countersigned by a minister,
hence unlike India.
13. Composition of Council of Ministers
 Constitution does not specify size of state CoM or ranking of ministers; they are determined by
Chief Minister.
 Cabinet Ministers, Ministers of state and deputy minister.
 Ministers of state are not members of cabinet and do not attend cabinet meetings unless specially
invited.
14. Cabinet committees
 The cabinet works through various committees called cabinet committees.
 They are of Two Types: Standing committees – permanent nature + Ad Hoc – temporary nature.
 set up by the Chief Minister according to the exigencies of the time and requirements of the
situation.
 They not only sort out issues and formulate proposals for the cabinet but also take decisions,the
cabinet can review their decisions.

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CHAPTER 34: STATE LEGISLATURE
1. Introduction: Articles 168 to 212 in Part 6 of the constitution deal with organization, composition,
duration, privileges and so on of the state legislature. State legislature consist of a governor +
legislative assembly (Vidhan Sabha) + legislative council (Vidhan Parishad) (in case of bicameral).
2. Organization of State legislature
 6 states with Bicameral Legislature: Andhra Pradesh, Telangana, Maharashtra, Karnataka, Uttar
Pradesh, Bihar.
 Article 169: Parliament can abolish a Legislative Council or create it, if the legislative assembly
of the concerned state passes a resolution by Special Majority + not to be deemed as an
amendment of the Constitution for the purposes of Art. 368.
3. Composition of Assembly
 Representatives directly elected on the basis of universal adult franchise.
 Maximum strength: 500, Minimum strength:60.
 Arunachal P., Sikkim, Goa-Min strength-30, Mizoram -40, Nagaland -46
 Some members of Sikkim & Nagaland- indirectly elected.
4. Readjustment after each census
 Readjustment in the total number of seats in the assembly and division of each state in territorial
constituencies.
 The Parliament is empowered to determine the authority and its manner.
5. Reservation of seats for SCs and STs
 Based on their population ratios.
 104th CAA: reservation extended for another 10 years till 2030.
 SCs & STs reservation only in Lok Sabha and State Assemblies and not in Rajya Sabha and
State Legislative Council.
6. Reservation for Women in assembly:
 106th constitutional amendment act reserved 33% of seats for women in State legislative
assemblies of states and National capital territory of Delhi.
7. Composition of Council
 Strength: Max strength is 1/3rd of total strength of assembly + Min strength: 40 + Members are
indirectly elected + actual strength is fixed by Parliament. Constitution has fixed maximum and
minimum strength.
 Manner of Election
o 1/3: by the members of the local bodies like municipalities, district board etc.
o 1/3: by members of Legislative Assembly.
o 1/12: by graduates of three years standing & residing in the state.
o 1/12: teachers of three years standing in the state, not lower in standard than secondary
school.
o 1/6 Nominated by the Governor having knowledge in Cooperative Movement, Literature,
Arts, Social Service, Science.
o Members other than nominated are elected in accordance with the system of proportional
representation by means of single transferrable vote.
o 5/6 of the total number of members of a legislative council are indirectly elected.
 Duration of Assembly: Continuing chamber + 1/3rd members retire on the expiration of every
second year + Retiring members are eligible for re-election and re-nomination by the Governor.
8. Membership of State legislature
 Qualifications:

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 Constitution: Citizen of India + Subscribe to oath before person authorized by Election

commission + Not less than 30 years for Legislative Council + Not less than 25 years for
legislative assembly + other qualifications prescribed by Parliament.
 RPA, 1951: To be elected to Legislative Council, he must be an elector for the assembly
constituency in that state & to be nominated by the governor, must be a resident that state + To
be elected to the Legislative Assembly, must be an elector for the assembly constituency in that
state + SC/ST member can contest a seat not reserved for them. He must be a member of SC/ST
to contest for a seat reserved for them.
 Disqualifications
o Constitution: Office of Profit, unsound mind, undischarged insolvent, not a citizen of India,
disqualified under any law made by Parliament. Governor‘s decision is final and he should
obtain the opinion of ECI
o RPA 1951: Not been convicted for any offence resulting in imprisonment for two or more
years + must not be a director or managing agent not hold office of profit in a corporation in
which government has atleast 25% share + must not been punished for preaching social
crimes.
o Defection: Disqualification under 10tth schedule is decided by the Chairman in case of
Legislative Council & Speaker in case of Legi. Assembly + Kihota Hollohan vs. Zachilhu
Case: decision of Chairman/Speaker is subject to judicial overview.
9. Oath or Affirmation: Without taking oath, he cannot vote and participate in the proceedings of the
house and no privileges & immunities are available.
10. Vacation of Seats
 Double Membership: Cannot be a member of both the houses at same time. One seat becomes
vacant as per the law made by state legislature.
 Disqualification: As per Constitution or RPA 1951 or Tenth Schedule.
 Resignation: Resign letter to Chairman of Council or Speaker of Assembly as per the case.
 Absence: If he is absent for 60 days without permission of the house.
 Other cases: Election declared void by the court, expelled by the house, elected as President or
VP, appointed as governor.
11. Speaker and Deputy speaker of assembly
 Elected by the assembly from amongst its members. Remains in office during the life of the
assembly.
 Election of Deputy Speaker takes place after the election of Speaker.
 Vacation of office: If he ceases to be a member of the assembly + Speaker Resigns by writing to
the deputy speaker and vice versa + Removed by the resolution passed by a majority of all the
then members of the assembly.
 Such resolution can be moved only after giving 14 days advance notice.
12. Powers and Duties of Speaker
 Maintains order & decorum of assembly
 Final interpreter of Constitution, rules of procedure and conduct of business of assembly,
legislative precedents within the assembly.
 Adjourns the assembly or suspends the meeting in the absence of quorum.
 Does not vote in first instance. Vote in case of tie.
 Allows secret sitting of the house at the request of the leader of the house.
 Whether a bill is money bill or not is decided by speaker and his decision is final.
 Appoints the chairman of all committees of the assembly.

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 Speaker is a chairman of Business Advisory Committee, Rules Committee and General-Purpose

Committee.
13. Panel of Chairman
 Members are nominated by the Speaker.
 Member of Panel presides over sitting if both speaker & deputy speaker are absent from the
sitting.
 Member of the Panel cannot preside over sitting if both seats of speaker & deputy speaker are
vacant.
14. The salaries of the Speaker and the Deputy Speaker of the assembly are fixed by the state
legislature; charged on the Consolidated Fund of the State.
15. Deputy Chairmen performs duties of Chairman when it is vacant or Chairman is absent from the
sitting.
16. The salaries and allowances of the Chairperson and the Deputy Chairperson of the Council are fixed
by the state legislature. They are charged on the Consolidated Fund of the State.
17. Sessions of State Legislature
 Summoning: Governor summons from time to time + Max gaps between two sessions: not more
than 6 months.
 Adjournment: Suspends the work in sitting for a specified time which may be hours, days or
weeks + Adjournment sine die à terminating a sitting for an indefinite time.
 Prorogation: After adjournment sine die, governor issues notification for prorogation. This
means completion of current session.
 Dissolution: Dissolution ends the life of the existing house.
 Quorum: Ten members or one-tenth of total number of members of house (including presiding
officer).
18. Language in State legislature
 Language for transacting business in legislature to be official languages of the state or Hindi or
English.
 Presiding officer can permit the member to address the house in his mother tongue.
 State legislature authorized to decide whether to continue or discontinue English as floor
language after completion of 15 years from the commencement of the Constitution.
19. Legislative procedure in State legislature
 Bill in second house: Pass without amendments + Pass with amendments and return it to
assembly for reconsideration + Reject the bill altogether + May not any action & keep it pending
for 3 months + Ultimate power to pass the law lies with the assembly and council can keep it
pending for max 4 (3 + 1) months + Constitution does not provide for joint sitting to resolve the
disagreement over the bill.
 Assent of Governor: If bill returned by the Governor is again passed by the house with or
without amendments then governor must give his assent (Governor has only suspensive veto).
 Assent of President: If the bill returned by the President for reconsideration of the house then
the house must reconsider it within 6 months + not mentioned in the Constitution that whether it
is obligatory on the President to give assent or not to such reconsidered bill.
20. Money bills
 Introduction: Cannot be introduced in Council + Can only be introduced in Assembly on the
recommendation of Governor + Can only be introduced by minister as it is government bill.
 Legislative Council cannot reject or amend a money bill; only make recommendations and must
return the bill within 14 days + If the Council does not return the bill in 14 days: bill considered
as passed by both the houses in the original form.

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 Governor cannot return the bill for the reconsideration of the house.
 If the money bill is reserved for consideration of the president, President cannot return the bill
for the reconsideration of the House.
21. Position of Legislative council
 Equal with Assembly
o Introduction & passage of ordinary bills. But in case of disagreement, the will of assembly
prevails over council.
o Approval of ordinances issued by Governor (A. 213).
o Selection of ministers including CM. [Note: Ministers are responsible only to assembly
irrespective of their membership].
o Enlargement of the jurisdiction of state public service commission.
 Unequal with Assembly
o Council cannot amend or reject the money bill.
o final power of passing ordinary bills lies with the assembly. The council can delay the bill for
maximum 4 months (3 + 1).
o only discuss the budget but cannot vote on demands.
o cannot remove CoM by passing a no-confidence motion.
o does not participate in the election of the president and representatives of the state in the
Rajya Sabha.
o does not have effective say in the ratification of a constitutional amendment bill and will of
assembly prevails over council.
o It can be abolished by the parliament on the recommendation of the assembly.

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CHAPTER 35: HIGH COURT
1. Introduction
 Articles 214 to 231 in Part VI deal with the organization, independence, jurisdiction, powers of
the HC.
 Institution of HC originated in 1862 when HCs set up at Calcutta, Bombay and Madras; fourth
HC at Allahabad in 1866.
 Constitution provides for a HC for each state, but 7th amendment act (1956): Parliament to
establish a common HC for two or more states or for two or more states and a union territory.
 Delhi is the only UT that has a HC of its own since 1966.
 There are 25 High Courts in the country.
 The UTs of Jammu and Kashmir and Ladakh have a common high court.
 Calcutta High Court is the oldest HC in India
2. Constitutional position of High court
 Constitution gives it jurisdiction over revenue matters (did not enjoy in the pre-constitution era).
 Territorial jurisdiction of a HC is co- terminus with the territory of a state.
 Parliament can extend the jurisdiction of a HC to any UT or exclude the jurisdiction of a HC
from any UT.
3. Organization of High court and Appointment of Judges
 Constitution does not specify strength of a HC; President determines the strength of HC from
time to time [Note: Parliament determines strength in case of SC].
 Judges appointed by the President.
 Chief justice is appointed by the President after consultation with CJI and the governor of the
state concerned.
 Other judges of HC – Chief Justice of the concerned HC is also consulted.
 Second judge‘s case: Sc ruled that no appointment of a judge of the HC can be made unless it‘s
in conformity with the opinion of CJI.
 Third Judges case (1998) –> in case of the appointment of HC judges, the CJI should consult a
collegium of two senior-most judges of the SC.
 Fourth Judges case (2015) –> declared both the 99th CAA and NJAC Act as unconstitutional and
void.
4. Qualification of Judges
 Citizen of India + held a judicial office for ten years + advocate of a high court(or high courts in
succession) for ten years.
 no provision for appointment of a distinguished jurist as a judgeof HC.
 Constitution has not prescribed minimum age.
5. Oath: Before the governor of the state
6. Tenure
 Constitution has not fixed the tenure of ajudge of a high court.
 holds office until he attains the age of 62years.
 He can resign his office by writing to thepresident.
 He can be removed from his office by the President on the recommendation of the Parliament.
 Grounds: Misbehavior and incapacity.
7. Removal of High Court Judges
 Same manner and on the same grounds as a judge of the Supreme Court.

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 Can be removed from his office by an order of the President on recommendations of parliament
after an address is presented to the President by the parliament for the same in the same session :
address supported by special majority of each House of Parliament.
 Governed by The Judges Enquiry Act (1968)
 removal motion signed by 100 members (Lok Sabha) or 50 members (Rajya Sabha) is to be
given to the Speaker/Chairman.
 If admitted: Speaker/ Chairman constitute a three-member committee - The chief justice or a
judge of the Supreme Court, The Chief justice of a high court, and a distinguished jurist.
 After motion is passed by special majority, an address is presented to the president for removal
of the judge.
 no judge of a high court has been impeached so far.
8. Transfer of judges: (Article 222) President can transfer a judge from one highcourt to another after
consulting the CJI + should be considered (consulted) by the CJI and the four senior most Judges of
the Supreme Court + On transfer, entitled to addition to his salary such compensatory allowance as
determined by Parliament +:The initiation of the proposal for the transfer of a Judge should be made
by the Chief Justice of India (CJI) + Taking into account the views of the Chief Justice of the High
Court from which the Judge is to be transferred and Chief Justice of the High Court to which the
transfer is to be affected.
The SC held that judicial review is necessary to prevent arbitrariness in the transfers but only the
judge himself can challenge it. The transfer must be done only in exceptional circumstances not as a
punishment.
9. Salaries and Allowances
 Determined from time to time by the Parliament.
 They cannot be varied to their disadvantage after their appointment except during a financial
emergency (Art.360)
 Salaries charged upon ―consolidated fund of state‖.
 pensions charged upon ―consolidated fund of India‖.
10. Additional and Acting Judges
 Additional Judges: Appointed by President for a temporary period not exceeding 2 years.
Appointed when there is increase in business of the court or there are arrears of work.
 Acting Judges: President appoints a duly qualified person as an acting judge of a HC when a
judge of that high court (other than the chief justice) is:
o Unable to perform the duties of his office due to absence or any other reason; Appointed
to act temporarily as chief justice of that high court.
o Holds office until the permanent judge resumes his office.
 Both additional and acting judge cannot hold office after attaining the age of 62 years.
11. Retired Judges
 Chief Justice of a HC of state can request a retired judge of that HC or any other HC to act as a
judge of the HC of that state for a temporary period.
 only with the previous consent of the President and of the person to be so appointed.
 Such a judge is entitled to such allowances as the President may determine.
12. Independence of High court
 Appointed by President in consultation with members of judiciary itself + Security of tenure +
Fixed service conditions + Salaries/allowances of judges; salaries, allowances, and pensions of
state and administration expenses of HC are charged on consolidated fund of state + Conduct of
judges cannot be discussed; ban on practice after retirement in any court or authority except the
Supreme court or other high courts, power to punish for its contempt, its jurisdiction cannot be

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curtailed, separation from executive.

13. Jurisdiction and Powers of High court
 Constitution empowers parliament and state legislature to change the powers of a high court.
Constitution does not contain detailed provisions regarding jurisdiction, it only says it will
remain same as before constitution along with revenue matters.
 Protector of FRs of the citizens.
 Jurisdiction and powers of HC are governed by constitutional provisions + Letters Patent + Acts
of Parliament and State legislature + Indian Penal code (1860) + Criminal Procedure code (1973)
and Civil Procedure Code (1908).
 Original jurisdiction: power of a high court to hear disputes in thefirst instance, not by way of
appeal + mostly applicable for cases related to the election disputes of State Legislative
Assembly and parliament, marriages, enforcement of FR (Art.226), revenue matters, contempt of
court and transfer cases from other courts + Original narrower than SC (Not covers federal
disputes). Calcutta, Bombay, Madras, Delhi high courts have original civil jurisdiction in cases
of higher value.
 Writ jurisdiction: Art. 226 : empowers a HC to issue writs including habeas corpus,
mandamus, certiorari, prohibition and quo warranto for the enforcement of the FR and ―for any
other purpose‖ (writ jurisdiction of HC wider than SC) + not exclusive but concurrent with the
writ jurisdiction of the SC (Art.32) + Chandra Kumar case (1997)– writ jurisdiction of
both the HC and SC are basic structure of the Constitution + issue writs outside its territorial
jurisdiction if the cause of action arises within its territorial jurisdiction.
 Appellate Jurisdiction: In both civil and criminal matters.
o Civil Jurisdiction: Includes orders and judgements of the district court, civil district court
and subordinate court + Calcutta, Bombay and Madras High Courts have provision for intra-
court appeals + SC: Tribunals are subject to writ jurisdiction of GCs.
o Criminal Jurisdiction: includes judgements and orders of the sessions court and additional
sessions court + The death sentence awarded by a sessions court, or an additional sessions
court should be confirmed by the HC before it can be executed, whether there is an appeal by
the convicted person or not.
 Supervisory Jurisdiction
o Power of superintendence over all courts and tribunals functioning in its territorial
jurisdiction (except military courts or tribunals).
o Extends to: all courts and tribunals whether they are subject to the appellate jurisdiction of
the high court or not + administrative superintendence as well as judicial superintendence.
o It is a revisional jurisdiction; can be suo-motu.
 Control over Subordinate courts
o HC is consulted by governor in matters of appointment, posting and promotion of district
judges in the appointments of persons to the judicial service of the state (other than district
judges).
o It can withdraw a case pending in a subordinate court if it involves a substantial question of
law that require the interpretation of the Constitution.
o Its law is binding on all subordinate courts functioning within its territorial jurisdiction.
 Court of Record
o recording the judgments, proceedings and acts of HC for perpetual memory.
o admitted being of evidentiary value and cannot be questioned when produced before any
subordinate court.
o It has power to punish for contempt of court, either with simple imprisonment or with fine or

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with both.
o ‗Contempt of court‖ defined by the Contempt of Court Act of 1971.
o HC has the power to review and correct its own judgement or order or decision, although no
specific power of review is conferred on it by the Constitution (Unlike Supreme Court).
 Power of Judicial review
o Examines constitutionality of legislative and executive actions of both the Central and state
governments.
o Phrase ―judicial review‖ has nowhere been mentioned in the Constitution.
o Constitutional validity of legislative or executive enactments can be challenged- If
it infringes the FR (Part III) + outside the competence of framing authority +
in contravention to constitutional provisions.

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CHAPTER 36: SUBORDINATE COURTS
1. Introduction: State judiciary consists of a HC and hierarchy of subordinate courts also known as
subordinate courts. Subordinate courts function below and under the HC at district and lower levels.
 Part VI (Articles 233 to 237) of the Constitution
 Appointment of District judges: Governor, in consultation with the HC, appoints, posts, and
promotes district judges in the State. Qualifications:
o not already be in the service of the Central or the State Government.
o have been an advocate or a pleader for seven years.
o recommended by the High Court for the appointment.
 Appointment of other judges: Made by the Governor of the state after consultation with the
State Public service commission and the HC of concerned state.
 Control over subordinate courts vested in HC.
3. Structure and Jurisdiction
 Organisational structure, jurisdiction laid down by the states.
 Broadly, there are three tiers of civil and criminal courts below the HC of state.
 District judge is the highest judicial authority in the district:

possesses original and appellate jurisdiction in both civil and criminal matters.
 The district judge exercises both judicial and administrative powers + Supervisory powers over
all the subordinate courts in the district.
 Appeals against his orders and judgements lie to the HC.
 Sessions judge has the power to impose any sentence including life imprisonment and capital
punishment (death sentence).
 Capital punishment subject to confirmation by the HC, whether there is an appeal or not.
 Judicial magistrate tries criminal cases punishable with imprisonment for term up to 3 years.
 The subordinate judge (CJM) exercises unlimited pecuniary jurisdiction over civil suits. The
chief judicial magistrate decides criminal cases which are punishable with imprisonment up to
seven years.
 Some states and presidencies have established small causes courts. They decide civil cases of
small value. Their decisions are final but high court has a power to revise them.
4. National Legal Services Authority
 Article 39A : Free legal aid to the poor and weaker sections.

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 Articles 14 and 22(1) : State to ensure equality before law and a legal system which promotes
justice on a basis of equal opportunity to all.
 NALSA founded in 1995 under the Legal Services Authorities Act of 1987 to review
effectiveness of legal aid programs + distributes funding to state legal services authorities and
non-profit organisations to help execute legal aid systems.
 Objectives of Legal Services Authorities: Free legal aid and advice + Organise lok adalats +
Promote settlements of disputes through ADR mechanisms + compensation to victims of crime.
 Legal service institutions at various levels
o National Level: NALSA : Chief Justice of India is the Patron-in-Chief.
o State Level: State Legal Services Authority headed by the Chief Justice of the State High
Court.
o District Level: District Legal Services Authority. The District Judge of the District is its ex-
officio Chairman.
o Taluka/Sub-Division Level: Taluka/ Sub-Divisional Legal Services Committee. It is headed
by a senior Civil Judge.
o High Court: High Court Legal Services Committee
o Supreme Court: Supreme Court Legal Services Committee
 Persons eligible for free legal services: Women and children + Members of SC/ST + Industrial
workmen + Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster +
Disabled persons + Persons in custody + persons whose annual income does not exceed Rs. 1
lakh (in SC legal services committee, limit is Rs. 1,25,000) + Victims of Trafficking in Human
beings or begar.
5. Lok Adalats
 The term ‗Lok Adalat‘ means ‗People‘s Court‘ and is based on Gandhian principles; one of the
ADR mechanisms.
 First Lok Adalat camp organised in Gujarat in 1982 as a voluntary and conciliatory agency. 
 Given statutory status under the Legal Services Authorities Act, 1987.
 State/District Legal Services Authority or the Supreme Court/High Court/Taluk Legal Services
Committee may organise Lok Adalats at such intervals and places as it thinks fit.
 Generally, it consists of a judicial officer as the chairman and a lawyer (advocate) and a social
worker as members. 
 Deal with not only the cases pending before a court but also with disputes at pre-litigation stage.
 Offences which are non-compoundable under any law fall outside the purview of Lok adalat.
 Same powers as are vested in Civil court under code of civil procedure (1908).
 Power to specify its own procedure.
 All proceedings shall be deemed judicial proceedings within meaning of Indian penal code
(1860).
 Every Lok Adalat shall be deemed to be civil court for purpose of code of criminal procedure
(1973).
 An award of a Lok Adalat shall be deemed to be a decree of a Civil Court or an order of any
other court + final and binding on all the parties to the dispute.
 No appeal shall lie to any court against the award of the Lok Adalat.
 In Lok Adalat there are no victors and vanquished.
 Benefits: No court fee + no strict application of procedural laws + parties can directly interact
with the judge through their counsel which is not possible in regular courts of law + award by the
Lok Adalat is binding on the parties and it has the status of a decree of a civil court and it is non-
appealable.
6. Permanent Lok Adalats

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 Legal Services Authorities Act, 1987 amended in 2002 to provide for its establishment to deal
with cases pertaining to the public utility services like transport, postal, telegraph etc.
 Set up as permanent bodies.
 It shall consist of a Chairman who is or has been a district judge or additional district judge or
has held judicial office higher in rank than that of the district judge and two other persons having
adequate experience in public utility services.
 No jurisdiction in respect of any matter relating to offence not compoundable under any law.
 In case parties to dispute fail to reach agreement: Permanent Lok Adalats decide dispute on
merits.
 The jurisdiction of the Permanent Lok Adalats is upto Rs. 1 Crore.
 After an application is made to Permanent Lok Adalat, no party to that application shall invoke
jurisdiction of any court in the same dispute.
 Every award shall be final and binding on all the parties thereto.
7. Family Courts
 Family Courts Act, 1984 enacted for the establishment of Family Courts with a view to promote
conciliation, and secure speedy settlement of disputes relating to marriage and family affairs and
for related matters. Also recommended by the Law commission.
 The State Government may, with the concurrence of the High Court, appoint one or more
persons to be the Judge or Judges of a Family Court.
 Obligatory on state governments to set up a Family court in every city with a population
exceeding one million.
 Parties to dispute shall not be entitled to be represented by legal practitioner.
 Provides for only one right of appeal which shall lie to the High court.
 Code of civil procedure was amended in 1976 to provide for a special procedure to be adopted in
suits relating to matters of family.
8. Gram Nyayalayas
 Gram Nyayalayas act 2008 enacted for establishment of Gram Nyayalayas at grass roots level.
 It shall be the court of Judicial Magistrate of the first class and its presiding officer
(Nyayadhikari) shall be appointed by the state government in consultation with the High court.
 established for every panchayat and intermediate level.
 mobile court and shall exercise the powers of both Criminal and Civil courts.
 The seat will be located at the headquarters of the intermediate panchayat.
 try criminal cases, civil suits, claims or disputes.
 exercise the powers of a civil court with certain modifications and shall follow the special
procedure as provided in the act.
 guided by the principles of natural justice and subject to any rule made by the High court.
 In criminal proceedings, an appeal must be filed with the Court of Session, which must decide
the case within six months.
 Appeal in civil matters shall lie to the District Court; disposed of within six months from the date
of filing of the appeal.
 person charged with committing a crime can apply for plea bargaining.
 The law commission in its 114th report suggested establishment of gram nyayalaya.

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CHAPTER 37: CENTRE - STATE RELATIONS
1. Introduction: The Constitution of India being federal in structure, divides all powers (leg, exe and
financial) b/w centre and states + There is no division of judicial power as the Constitution has
established an integrated judicial system to enforce both the Central laws as well as State laws.
2. Legislative relations (Articles 245 to 255 - Part XI)
 The Parliament can makelaws for the whole or anypart of the territory of India.
 List-I (the Union List), List-II (the State List) and List-III (the Concurrent List) in Seventh
Schedule.
 42nd CAA 1976: It transferred five subjects to Concurrent List from State List: Education,
forests, weights and measures, protection of wild animals and birds,and administration of justice;
constitution and organization of all courts except the SC and HCs.
● The power to make laws w.r.t residuary subjects is vested in the Parliament [In USA, only the
powers of Federal government are enumerated in constitution and residuary powers are left to the
states).
● In case of a conflict between Central laws and state law on subject enumerated in Concurrent list,
the central law prevails over the state law.
● Exception: If the state law has been reserved for consideration of President and has received his
assent, then the state laws prevails in that state.
● Constitution empowers Parliament to make laws on State List under five extraordinary
circumstances:
o When Rajya Sabha Passesa Resolution- supported by 2/3 members present
o During a National Emergency- The laws become inoperative on the expiration of six months
after the emergency has ceased tooperate.
o When the legislatures of two or more states pass resolutions requesting the Parliament to
enact laws on a matter in the State List, then the Parliament can make laws.
o To implement the international treaties and agreements
o When the President‘s ruleis imposed in a state, the Parliament becomes empowered to make
lawswith respect to any matterin the State List in relation to that state.
3. Administrative relations (Articles 256 to 263 - Part XI)
 Executive power of everystate is to be exercised insuch a way
o as to ensure compliance with the laws made by the Parliament and any existing law which
apply in the state; and
o as not to impede or prejudice theexercise of executive power of the Center in thestate
 Article 365: where any state has failed to comply with any directions given by the Center
President‘s rule can be imposed in the state underArticle 356.
 Article 356: Power of legislature of that state is exercisable by or under authority ofparliament.
● Center‟s Directions to the States- maintenance of means ofcommunication + protection of the
railways + adequate facilities for instruction in the mother tongue at the primary stage of
education + execution of the specifiedschemes for the welfare of the Scheduled Tribes.
● President may, withthe consent of the state government, entrust to that government any of the
executive functions ofthe Center.
● Article 312 of the Constitution authorizes the Parliament to create new All-India Services onthe
basis of a Rajya Sabharesolution to that effect
4. Financial Relations (Articles 268 to 293 - Part XII)
 Parliament has exclusivepower to levy taxes on subjects enumerated in the Union List and states
legislature in state list

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 Residuary power of taxation with the Parliament.

 Present position of distribution of tax revenues between the centre and the states:
o Taxes Levied by the Center but Collected and Appropriated by the States (Article 268):
includes the stamp duties on bills of exchange, cheques, promissory notes
o Taxes Levied and Collected by the Centerbut Assigned to the States (Article 269): Sales of
goods in inter-state trade or commerce
o Levy and Collection of Goods and Services Taxin Course of Inter-State Trade or Commerce
(Article 269-A)
o Taxes Levied and Collected by the Center but Distributed between the Center and the States
(Article 270)
o Surcharge on CertainTaxes and Duties for Purposes of the Center (Article 271)
 Statutory Grants - Article 275 empowers the Parliament to make grants tothe states which are
in need of financial assistance and not to every state.
 Discretionary Grants -Article 282 empowers boththe Center and the states to make any grants
for any public purpose (Center is under no obligation to give these grants and the matter lies
within its discretion)
 101st Amendment Act of 2016 provided for the establishment of a Goods and Services Tax
Council.
 Borrowing by Centre and States:
o Central government can borrow either within India or outside upon security of CFI but within
limits fixed by Parliament. [Note: No such law has been enacted by the Parliament].
o State government can borrow within India (and not abroad) upon security of Consolidated
fund of state within limits fixed by legislature of that state.
o A State cannot raise any loan without consent of the Centre, if there is still outstanding any
part of loan made to state by Centre.
 World: In Canada and Australia– central grants to states are must for the states to survive +
Swiss Constitution makes center subservient to states + American Constitution wants financial
independence between states and center but their also states rely on centre‘s grant-in-aid.

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CHAPTER 38: SPECIAL PROVISIONS FOR SOME STATES
1. Introduction: Articles 371 to 371-J in Part XXI of the constitution contain special provisions
for twelve states– viz., Maharashtra, Gujarat, Nagaland, Assam, Manipur, Andhra Pradesh,
Telangana, Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka + Originally, the constitution
did not make any special provisions for these states.
2. Provisions for Maharashtra and Gujarat (Article 371)
 President authorized to provide that the Governor of Maharashtra and that of Gujarat have
special responsibility for: the establishment of separate development boards for
o Vidarbha, Marathwada and the rest of Maharashtra,
o Saurashtra, Kutch and the rest of Gujarat;
o report on the working of these boards placed every year before the State Legislative
Assembly;
3. Provisions for Nagaland (Article 371-A)
 Acts of Parliament relating to these- would not apply to Nagaland unless the State Legislative
Assembly so decides:
o Religious or social practices of the Nagas; Naga customary law and procedure;
o Administration of civil and criminal justice involving decisions relate to Naga customary
law;
o Ownership and transfer of land and its resources.
 Governor have special responsibility for law and order : the Governor after consulting the
Council of Ministers, exercises his individual judgment and his decision is final + It shall cease
when the President so directs.
 A regional council of 35 members should be established for the Tuensang district.
 For ten years from formation of Nagaland or for such further period as the Governor may
specify, the administration of the Tuensang District shall be carried on by the Governor.
 Note: Members in the Nagaland Legislative Assembly from the Tuensang district are not
elected directly by the people but by the regional council.
4. Provisions for Assam (Article 371-B)
 President empowered to provide for the creation of a committee of the Assam Legislative
Assembly consisting of the members elected from the Tribal Areas of the state and such other
members as he may specify.
5. Provisions for Manipur (Article 371-C)
 President authorized to provide for the creation of a committee of the Manipur Legislative
Assembly consisting of the members elected from the Hill Areas of the state.
 The Governor should submit an annual report to the President regarding the administration of the
Hill Areas.
 Central Government can give directions to the State Government as to the administration of the
Hill Areas.
6. Provisions for Andhra Pradesh and Telangana (Article 371-D and Article 371-E)
 President role
o require the State Government to organize civil posts in local cadres for different parts of the
state + specify parts of the state which shall be regarded as the local area for admission to any
educational institution.
o establishment of an Administrative Tribunal to deal with disputes w.r.t appointment to civil
posts in the state [Function outside purview of State High court].

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o President may abolish the tribunal when he is satisfied that its continued existence is not
necessary.
 Article 371-E empowers the Parliament to provide for the establishment of a Central University
in the state.
7. Provisions for Sikkim (Article 371-F)
 36th CAA of 1975: Sikkim a full-fledged state of the Indian Union.
 Sikkim Legislative Assembly is to consist of not less than 30 members.
 One seat is allotted to Sikkim in the Lok Sabha and Sikkim forms one Parliamentary
constituency.
 Parliament is empowered to provide for: Number of Seats in the Sikkim Legislative Assembly
which may be filled by candidates belonging to such sections; and Delimitation of the Assembly
constituencies.
 Governor have special responsibility for peace and for an equitable arrangement for ensuring the
socio-economic advancement of the different sections of the Sikkim population: Governor shall
act in his discretion, subject to the directions issued by the President.
 The President can extend (with restrictions or modifications) to Sikkim any law which is in force
in a state of the Indian Union.
8. Provisions for Mizoram (Article 371-G): The Mizoram Legislative Assembly is to consist of not
less than 40 members.
9. Provisions for Arunachal Pradesh (Article 371-H)
 Governor shall have special responsibility for law and order in the state.
 This special responsibility of the Governor shall cease when the President so directs.
 Arunachal Pradesh Legislative Assembly is to consist of not less than 30 members.
10. Provisions for Goa (Article 371-I): Goa Legislative Assembly is to consist of not less than 30
members.
11. Provisions for Karnataka (Article 371-J): President is empowered to provide that the Governor of
Karnataka would have special responsibility for establishment of a separate development board for
Hyderabad-Karnataka Region: report on working would be placed every year before the State
Legislative Assembly.

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CHAPTER 39: PANCHAYATI RAJ
1. Introduction: Panchayati Raj in India signifies the system of rural local self-government. It was
constitutionalized through 73rd constitutional amendment act of 1992.
2. Evolution of Panchayati Raj
 Rajasthan was the first state to establish Panchayati raj [Nagaur district], followed by Andhra
Pradesh.
 Balwant Rai Mehta committee (1957): To examine the working of Community Development
programme (1952) and National Extension service (1953). Committee submitted its report in
1957 and recommended the establishment of the scheme of democratic decentralization.
o Establishment of three-tier panchayati raj system through a device of indirect elections.
o Village panchayat – constituted with directly elected representatives
o Panchayat samiti and zilla parishad – constituted with indirectly elected
o Panchayat samiti = executive body; zilla parishad= advisory, coordinating and supervisory
body.
o Chairman of the zilla parishad = District collector
 Ashok Mehta committee (1977)
o Two-tier system – zilla parishad and mandal panchayat.
o Zila parishad = executive body
o Official participation of political parties at all levels of panchayat elections.
o Compulsory powers of taxation to PRIs to mobilise own financial resources.
o Regular social audit by a district level agency
o Elections should be held within six months from the date of supersession, if any.
o Nyay panchayats should be kept as separate bodies from that of development panchayats,
presided over by a qualified judge.
o Minister for panchayati raj in the state council of ministers.
o Reservation of Seats for SCs and STs on the basis of their population.
o Constitutional recognition to the PRIs.
 GVK Rao committee (1985)
o Zilla Parishad (District level body =) should be of pivotal importance in the scheme of
democratic decentralisation.
o A post of District Development Commissioner should be created: act as chief executive
officer of the Zilla Parishad and in charge of all the development departments at the district
level.
o Regular elections to the Panchayati Raj institutions.
o ―District is the proper unit of planning and development and Zila parishad should become
principal body for management.
 Dantawala Committee and Hanumantha Rao committee
o Basic decentralized planning function should be done at district level.
o Hanumantha rao comm.: separate district planning bodies under either dist. Collector or a
Minsiter.
o Collector should be the coordinator ay district level of all developmental and planning
activities.
 LM Singhvi committee (1986)
o Constitutional recognition to PRI with addition of new chapter in the Constitution.
o Nyay Panchayats should be established for a cluster of villages.
o Gram Sabha = embodiment of direct democracy.

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o Judicial tribunals should be established in each state to adjudicate controversies about

election to PRIs.
o called PRIs as ‗grass without roots‘.
 Thungon committee (1988)
o Constitutional recognition to Panchayati Raj bodies.
o Three-tier system of PRIs with panchayats at the village, block and district levels.
o Zilla Parishad : pivot of planning and development agency in the district.
o Fixed tenure of five years to PRIs.
o The maximum period of super session of a body should be six months.
o Reservation of seats in all the three-tiers – SC, ST, Women.
o State finance commission should be set-up in each state.
o Chief executive officer of the Zilla Parishad- district collector.
 Gadgil committee (1988)
o Constitutional status to PRIs
o Three-tier system of Panchayati Raj
o Fixed five years term of PRIs.
o Direct elections for members of the Panchayats at all the three levels.
o Reservation for SCs, STs and women proportionate with their population.
o PRIs should be empowered to levy, collect and appropriate taxes and duties.
o Establishment of a State Finance Commission
o Establishment of a State Election Commission for the conduction of elections.
 64th Constitutional Amendment Bill in the Lok Sabha in July 1989 to constitutionalise
panchayati raj institutions, couldn‘t passed by Rajya Sabha. (During Rajiv Gandhi Government)
 64th CAA emerged as the 73rd Constitutional Amendment Act, 1992 and came into force on 24
April, 1993. (During prime ministership of P.V. Narasimha Rao)
3. 73rd Amendment act (1992)
 New part IX to the constitution, eleventh schedule consisting 29 functional items of the
panchayats.
 Part IX – Article 243 To Article 243 O.
 Article 40 (DPSP)- ―state to organise the village panchayats and provide them powers and
authority so they can function as self-government.‖
 The act gives a constitutional status to PRIs; brought them under purview of justiciable part of
the constitution.
 The act has two parts: Compulsory provisions must be added to state laws, which includes the
creation of the new Panchayati Raj systems. Voluntary provisions, on the other hand, is the
discretion of the state government.
4. Salient features of 73rd CAA
 Gram Sabha 243A: Village assembly consisting of all the registered voters within the area of
the panchayat + exercise such functions at village level as the legislature of a state determines.
 Three-tier system: At village, intermediate and district level + States with a population less than
20 lakhs may not constitute the intermediate level.
 Election of members and chairperson: The members to all the levels of the Panchayati Raj
is elected directly + Chairperson to the intermediate and the district level is elected
indirectly from the elected members + at the village level the Chairperson is elected as
determined by the state government.
 Reservation of seats:
o SC and ST – in proportionate to their population.

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o Women– Not less than one-third of the total number of seats to be reserved for women + not
less than one-third of the total number of offices for chairperson at all levels of the panchayat
to be reserved for women.
o State legislatures to decide on the reservation of seats in any level of panchayat or office of
chairperson in favour of backward classes.
o reservation of seats in panchayats (both members and chairpersons) for the scheduled castes
is not applicable to the state of Arunachal Pradesh.
 Duration of Panchayat
o Five tear term of office to panchayat at every level
o can be dissolved before the completion of its term
o Fresh elections to constitute the new panchayat shall be completed before the expiry of its
five-year duration; in case of dissolution: before expiry of period of 6 months from date of
its dissolution.
o remainder period less than 6 months: not necessary to hold election for constituting new
panchayat.
o Panchayat reconstituted after premature dissolution does not enjoy full period of five years
but remains in office only for remainder of the period.
 Disqualifications
o All questions relating to disqualification shall be referred to an authority determined by the
state legislatures.
o 21 years to be the minimum age for contesting elections to panchayats.
 State Election Commission: Superintendence, direction and control of preparation of electoral
rolls and conduct of all elections to Panchayat shall be vested in it.
 Powers and Functions: The state legislature may endow the Panchayats with such powers and
authority as may be necessary to enable them to function as institutions of self-government.
 Finances 243 H: The state legislature may
o Authorise a panchayat to levy, collect and appropriate taxes, duties, tolls and fees.
o Assign to a panchayat taxes, duties, tolls and fees levied and collected by the state
government
o grants-in-aid to the panchayats from the consolidated fund of the state.
o Finance Commission Article (243 I): Governor of a state shall, after every five years,
constitute a finance commission + State legislature may provide for its composition, required
qualifications of its members + Central Finance commission to augment the consolidated
fund of state to supplement resources of Panchayats in states.
o Audit of Accounts Article 243 J: State legislature may make provisions for the maintenance
and audit of panchayat accounts.
o Application to Union Territories Article 243 L: The president may direct the provisions of
the act be applied on any union territory subject to exceptions and modifications he specifies.
o Exempted states and areas: The act does not apply to the states
of Nagaland, Meghalaya and Mizoram and certain other areas. These areas include-
o The scheduled areas and the tribal areas in the states
o hill area of Manipur for which a district council exists and
o Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council exists.
o Note: Parliament may extend this to scheduled areas and tribal areas subject to such
exceptions and modifications as it may specify.
o Bar to interference by courts (Article 243 O): It bars interference by courts in electoral
matters of Panchayats.

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Voluntary provisions
o Representation to members of Parliament and state legislature
o Reservation of seats (members and chairpersons) for backward classes in Panchayats at any
level.
o Making Panchayats as autonomous bodies
o Devolution of powers and to perform some or all of 29 functions listed in 11th schedule.
o Granting financial powers to Panchayats- authorizing them to levy, collect and appropriate
taxes.
 Finances of Panchayati Raj
o Grants from the Union Government based on recommendations of the Central Finance
Commission as Article 280 of the Constitution.
o Devolution from the State Government based on recommendations of the State Finance
Commission as per Article 243-I.
o Loans or grants from the State Government.
o Programme-specific allocation under Centrally Sponsored Schemes and Additional Central
Assistance.
o Internal Resource Generation (tax and non-tax).
5. PESA Act of 1996
 Applicable in the Fifth Schedule areas, which deals with the administration of the districts
dominated by the tribal communities, and is in force in 10 states of the country.
 Gram sabha shall approve of plans, programmes and projects for social and economic
development; identification of beneficiaries under poverty alleviation programmes.
 Reservation for the STs shall not be less than one-half of the total number of seats.
 State government nomination of STs shall not exceed one-tenth of total members to be elected in
that Panchayat.
 Gram sabha recommendations mandatory for grant of prospecting license or mining lease for
minor minerals in scheduled areas.
 The Gram Sabhas under PESA Act were entrusted with wide-ranging powers to:
o Enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.
o Ownership of minor forest produce.
o Prevent alienation of land in the Scheduled Areas and to take appropriate action to restore
any unlawfully alienated land of a Scheduled Tribe.
o Manage village markets by whatever name is called.
o Exercise control over money lending to the Scheduled Tribes.

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CHAPTER 40: MUNICIPALITIES
1. Introduction: System of urban government was constitutionalized through 74 th CAA of 1992. The
subject of urban local government is dealt by Ministry of Urban Development, Ministry of Defence
(in case of cantonment boards) and Ministry of Home affairs (in case of UTs).
2. Evolution of Urban bodies
 First municipal corporation in India – At Madras in 1687-88.
 Bombay and Calcutta Municipal corporations in 1726.
 Lord Mayo‘s Resolution of 1870 – on financial decentralisation visualised the development of
local self-government institutions.
 Lord Ripon‘s Resolution of 1882 – ‗Magna Carta‘ of local self-government.
 Royal Commission on decentralisation in 1907; chairman was Hob-house.
 GOI Act, 1919: local self-government became a transferred subject under the charge of a
responsible Indian minister.
 Cantonments Act was passed – In 1924.
 GOI Act, 1935 – Provincial autonomy scheme: local self-government declared as provincial
subject.
3. 74th Amendment act of 1992- Salient Features
 It came into force under prime ministership of PV Narasimha Rao‘s government.
 Part IX A ‗The Municipalities‘- Article 243 P to Article 243 ZG
 Added a new Twelfth Schedule with 18 functional items of municipalities.
 Constitutional status to the municipalities – Justiciable part
 Three types: Nagar panchayat for a transitional area + Municipal council for a smaller urban area
+ Municipal corporation for a larger urban area.
 All the members of a municipality shall be elected directly by the people of the municipal area
through territorial constituencies to be known as wards.
 Election of the chairperson of a municipality – As state legislature may determine.
 Special Representation – persons having special knowledge or experience in municipal
administration without the right to vote in the meetings of municipality.
 Wards Committees : Consisting of one or more wards having population of three lakh or more +
Composition and the territorial area of a wards committee may determine by state legislature.
 Reservation of Seats
o SC and ST – in proportionate to their population.
o Women– Not less than one-third of the total number of seats to be reserved for women +
not less than one-third of the total number of offices for chairperson at all levels of the
panchayat to be reserved for women.
o Note: State legislature may provide for manner of reservation of offices of chairpersons in
municipalities for SCs, STs and women.
o State legislatures may make provisions to decide on the reservation of seats in favour
of backward classes.
o Note: Constitution provides for reservation for SC and ST as per the population, the
reservation for OBCs is provided by states. In 2022, the SC permitted Madhya Pradesh to
provide reservation to OBC in Local Body Elections. Recently, the state government of
Gujarat hiked reservations for OBCs from the existing 10% to 27% in the panchayats and
urban local bodies.
 Duration of Municipalities

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o Provides for a five-year term of office for every municipality; can be dissolved before the
completion of its term.
o Note: Municipality reconstituted after premature dissolution does not enjoy the full period
of five years but remains in office only for the remainder of the period + Remainder
period less than six months: it shall not be necessary to hold any election for constituting the
new municipality for such period.
 Disqualifications: All questions of disqualifications shall be referred to such authority as the
state legislature determines.
 21 years to be the minimum age for contesting elections to panchayats.
 SEC conducts elections for Panchayats and Municipalities.
 State legislature may make provision w.r.t all matters relating to elections to the municipalities.
 Powers and Functions: The state legislature may endow with such powers as may be necessary
to enable them to function as institutions of self-government.
 Finance Commission: For every five years, review the financial position of municipalities and
make recommendation to the governor who shall place it before the state legislature.
 Audit of Accounts 243Z: The state legislature may make provisions with respect to the
maintenance of accounts by municipalities and the auditing of such accounts.
 Application to Union Territories: President may direct that they would apply to a Union
territory subject to such exceptions and modifications as he may specify.
 Exempted Areas 243ZC: Scheduled areas and tribal areas in the states. It shall also not affect
the functions and powers of the Darjeeling Gorkha Hill Council of the West Bengal.
 District Planning Committee
o Every state shall constitute at the district level to consolidate the plans prepared by
panchayats and municipalities in the district.
o State legislature make provisions with respect composition, functions etc.
o Four-fifths of the members of DPC should be elected by the elected members of the district
panchayat and municipalities in the district from amongst themselves.
● Metropolitan Planning committee- To prepare a draft development plan.
o Two-thirds of the members elected by the elected members of the municipalities and
chairpersons of the panchayats in the metropolitan area from amongst themselves.

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TWELFTH SCHEDULE(Article 243W)

1. Urban planning including town planning.
2. Regulation of land-use and construction of buildings.
3. Planning for economic and social development.
4. Roads and bridges.
5. Water supply for domestic, industrial and commercial purposes.
6. Public health, sanitation conservancy and solid waste management.
7. Fire services.
8. Urban forestry, protection of the environment and promotion of ecological aspects.
9. Safeguarding the interests of weaker sections of society, including the handicapped and mentally retarded.
10. Slum improvement and upgradation.
11. Urban poverty alleviation.
12. Provision of urban amenities and facilities such as parks, gardens, playgrounds.
13. Promotion of cultural, educational and aesthetic aspects.
14. Burials and burial grounds; cremations, cremation grounds; and electric crematoriums.
15. Cattle pounds; prevention of cruelty to animals.
16. Vital statistics including registration of births and deaths.
17. Public amenities including street lighting, parking lots, bus stops and public conveniences.
18. Regulation of slaughter houses and tanneries.
4. Municipal corporation
 For the administration of big cities.
 Three authorities – Council (deliberative and legislative wing), standing committee (to facilitate
the working of the council) and commissioner (chief executive authority).
 The council consist of councillors directly elected by people and is headed by a Mayor.
5. Municipality
 For administration of towns and smaller cities.
 3 authorities: Council, Standing committees and Chief executive officer.
 Head of council is called President /chairman and in place of commissioner they have a chief
executive officer/chief municipal officer.
 Chief executive officer is responsible for day-to-day administration of municipality (appointed
by State government).
6. Notified Area Committee
 Created by a notification and unlike the municipality.
 An entirely nominated body, by the state government.
 Neither a statutory body nor an elected body.
7. Town Area Committee
 Set up by a separate act of state legislature for small town.
 Semi-municipal authority entrusted with limited civic functions.
 May be wholly elected or wholly nominated or partly elected and partly nominated as provided
by state government.
8. Cantonment Board
 Municipal administration for civilian population in the cantonment areas.
 Set up under the provisions of the Cantonment Act, 2006 by central government.
 It is partly elected and partly nominated
 Elected members term- 5 years; Mominated members- As long as they hold office in that station. 
 Ex-officio President – Military officer commanding the station.
 Vice president is elected amongst by the elected members of board.

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 Executive officer is appointed by the President of India. 

9. Township
 Established by public enterprises to provide civic amenities to its staff and worker.
 It is not an elected body and all members are appointed by the enterprise.
10. Port Trust
 Created by an act of Parliament.
 Consists of both elected and nominated members.
 To manage and protect the ports and to provide civic amenities.
11. Special Purpose Agency
 These are function based, not area based.
 Established as statutory bodies by an act of state legislature or as deptt by executive resolution.
 Function as an autonomous body and are not subordinate agencies to local municipal bodies.
12. All India Institute of local self-government (Mumbai) constituted in 1927; private registered body.
13. Centre for Urban and Environmental studies (New Delhi) set up in 1967 on recommendation of Nur-
ud-din Ahmed committee.
14. Urban local bodies can borrow from financial institutions only with approval of state government.
15. Central council of local govt: Set up in 1954; under Article 263 by order of President + advisory
body; consists of Minister for Urban development(Head) and Ministers for local self-govet in states

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CHAPTER 41: UNION TERRITORIES
1. Introduction: Under Article 1 of the constitution, the territory of India comprises territories of the
states; union territories; and territories that may be acquired by the India at any time + UTs are
specified in Schedule I Part II of the Constitution of India + Articles 239 to 241 (Part VIII) deals
with Union Territories of India.
2. Important Facts
 There are 28 states, 9 UTs and no acquired territories.
 UTs of Puducherry, Delhi, J&K have legislative assemblies.
 Ministry of Home Affairs is the nodal Ministry.
 In Delhi, by Article 239AA and 69th CAA the Assembly cannot legislate on matters in entry 18
of the State List: land, public order, and police.
3. Creation of Union Territories
 Scheduled districts in 1874; later known as chief commissioners‘ provinces.
 After independence, placed in Part C and Part D states.
 Himachal Pradesh, Manipur, Tripura, Mizoram, Arunachal Pradesh, and Goa were former UT.
 1956: constituted as UTs by 7th CAA (1956) and States reorganization act (1956).
 Currently there are 9 UTs: Delhi, Andaman and Nicobar, Chandigarh, Dadra and Nagar Haveli
and Daman and Diu, Jammu and Kashmir, Ladakh, Lakshadweep, and Puducherry.
 Political and administrative consideration – Delhi and Chandigarh
 Cultural distinctiveness – Puducherry, Dadar and Nagar haveli, Daman and Diu
 Strategic importance – Andaman and Nicobar Islands, Lakshadweep.
4. Administration of Union Territories
 Articles 239 to 241 in Part 8 of the constitution deals with UTs.
 no uniformity in administrative system of UTs.
 Every UT is administered by the President acting through an administrator (agent of the
President and not head of state) appointed by him. (Art 239)
 President can also appoint the governor of a state as the administrator of an adjoining union
territory.
 Lieutenant Governor: Delhi, Puducherry, A&N Islands, J&K and Ladakh.
 Administrator: Chandigarh, Dadra-Nagar Haveli and Daman-Diu and Lakshadweep.
 UTs of Puducherry and Delhi provided with a legislative assembly and CoM headed by CM.
 Parliament can make laws on three lists for UTs; also extends to Puducherry, J&K and Delhi.
 President makes regulations for peace, progress and good govt of A&N islands, Lakshadweep,
Dadra and Nagar Haveli, Daman, and Diu.
 In case of Puducherry, President can legislate by making regulations but only when assembly is
suspended or dissolved.
 The legislative assembly of Puducherry can make laws on state list and concurrent list subjects.
Similarly, Delhi can make laws except on public order, police and land and JK can make laws
except on public order and police.
 Parliament can establish a HC for a UT; Delhi is the only UT that has a HC of its own.
 Constitutional provisions for administration of UTs also apply to acquired territories.
5. Special provisions for Delhi (69th Amendment 1991) – ART 239AA
 Redesignated UT of Delhi as National capital territory & created legislative assembly with
members.
 Designated the administrator of Delhi as the lieutenant (lt.) governor.

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 Assembly shall make laws on matter enumerated in state list (Except matters of public order,
Police & land)
 Strength of the assembly is fixed at 70 members, directly elected by the people.
 Election commission of India conducts elections.
 Strength of the COM is fixed at ten per cent of the total strength of the assembly (seven–one
chief minister and six other ministers).
 CM is appointed by the President (not by the Lt. governor).
 In the case of difference of opinion between the lt. governor and his ministers, the lt. governor is
to refer the matter to the president for decision and act accordingly.
 Lt. governor is empowered to promulgate ordinances during recess of assembly; he cannot
promulgate ordinance when assembly is dissolved or suspended.
 No such ordinance can be promulgated without prior permission of President.
6. All UT without legislative assembly have the forum of Home Minister‘s Advisory Council. It is
chaired by Union Home Minister.
7. Provisions of the GNCT of Delhi (Amendment) Act 2021:
 It states that the ―government‖ in the National Capital Territory of Delhi meant the Lieutenant-
Governor of Delhi.
 gives discretionary powers to the L-G even in matters where the Legislative Assembly of Delhi
is empowered to make laws.
 L-G is ―necessarily granted an opportunity‖ to give her or his opinion before any decision taken
by the Council of Ministers (or the Delhi Cabinet) is implemented.
 It bars the Assembly or its committees from making rules to take up matters concerning day-to-
day administration.

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CHAPTER 42: SCHEDULED AND TRIBAL AREAS
1. Introduction: Article 244 in Part X + 5th Schedule deals with administration & control of scheduled
areas & scheduled tribes in any state except four states of Assam, Meghalaya, Tripura & Mizoram.
(AMTM) + 6th Schedule deals with administration of tribal areas in Assam, Meghalaya, Tripura &
Mizoram.
2. Features of administration as per 5th schedule
 10 states have scheduled areas. Andhra Pradesh, Telangana, Jharkhand, Chhattisgarh, Gujarat,
Himachal Pradesh, Madhya Pradesh, Maharashtra, Odisha, and Rajasthan. 
 Declaration of Scheduled areas: President can declare and make changes in its area &
boundary in consultation with Governor of state.
 Executive power of state and Centre: State Executive power extends but Governor has special
responsibility. Governor submits report to President regarding administration of such areas.
 Tribes‟ Advisory council: 20 member‘s body; 3/4th of whom are to be the representatives of
STs in SLA + State having Scheduled tribes but no Scheduled areas can have TAC if President
directs.
 Applicability of laws: Governor directs if any Central or State Acts apply to such area or with
any modification. Governor can make regulation for peace & good government of SAs after
consulting TAC. 
 Two such Commissions has been appointed by President – U N Dhebar (1960) & Dilip Singh
Bhuria Committee (2002).
3. Features of administration as per 6th schedule
 Tribals areas in states of Assam, Meghalaya, Tripura, and Mizoram have been constituted as
autonomous districts (ADs): fall under state executive authority.
 Governor can organize & reorganize the autonomous districts (ADs).
 Each ADs have District Council of 30 members for 5-year term. (26 elected + 4 nominated by
Governor) + Each autonomous region has separate regional council.
 Powers and Functions of District & Regional Councils:
o administer the areas under their jurisdiction + make laws on certain matters like land, forests
but such laws require Governor assent.
o constitute Village Councils/ courts for trial of suits & cases between tribes. Jurisdiction of
HCs over such suits & cases is specified by Governor.
o establish primary schools, dispensaries, markets, ferries, roads in the district.
o make regulations for control of money lending & trading by non-Tribals. But such
regulations require assent of Governor.
o empowered to assess & collect land revenue & to impose certain specified taxes.
o Central or State Acts do not apply to autonomous districts & autonomous regions or apply
with specified modifications & exceptions.
o Governor can appoint a commission to examine & report on any matter relating to
administration of autonomous regions + can even dissolve District & Regional Council on
recommendation of such commission.

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CHAPTER 43: ELECTION COMMISSION
1. Introduction: ECI is a permanent and independent constitutional body responsible for administering
the free and fair election system + Part XV, Article 324 – 329 deals with the powers, function,
tenure, eligibility, etc. of the commission and the member + It conducts the elections to the
Parliament, State legislature, office of President and vice-president of India.
2. Composition
 Election Commissioner Amendment Act 1989: ECI was made a multi-member body.
 Since its inception till 1989, it was a single member body, 1990- other two election
commissioner posts abolished; 1993- two posts brought back by President.
 Chief election commissioner and such number of other election commissioners, determined by
the President (as per Article 324).
 President appoints Chief Election Commissioner and Election Commissioners. 
 President may also appoint regional commissioners after consultation with the election
commission.
 The conditions of service and tenure shall be determined by the President.
 Chief Election Commissioner and the two other Election Commissioners enjoy the same status
and receive salary and perks as available to Judges of SC of India. 
 In case of difference of opinion: matter is decided by the Commission by majority. 
 They hold office for 6 years or until they attain age of 65 years, whichever is earlier.
Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions

of Service and Term of Office) Bill, 2023
 Its objective is to put in place procedures for the appointment of the three members of ECI.
 It was brought after the Supreme Court ruled that the appointment of CEC and ECs shall
be made by the President based on the advice tendered by a committee consisting of the
Prime minister, the leader of the opposition in the Lok Sabha, or the leader of the largest
opposition party in the House and the Chief justice of India.
 However, the new Bill has dropped the Chief Justice of India from the selection
committee.
 As per the provisions of the bill, the CEC and ECs will be appointed by the president of
India on the recommendation of a selection committee. The panel will consist of three
members – the prime minister, the Union cabinet minister, and the leader of the opposition.
 A new clause related to protection from initiation of legal proceedings against the CEC and
ECs for actions taken while carrying out their duties has also been introduced through the
amendments.
3. Independence
 Chief Election Commissioner removal: only through a process of removal similar to that of a SC
judge; resolution passed to that effect by both the Houses of Parliament with special majority on
grounds of ‗Proved misbehavior or incapacity‘. (Does not hold office till the pleasure of the
President)
 The service conditions of CEC cannot be varied to his disadvantage.
 Any other election commissioner cannot be removed from office except on the recommendation
of the Chief Election Commissioner.
 Note: Constitution has not prescribed qualifications for members; not specified term of members
of Election commission; not debarred retiring election commissioners from any further
appointment.

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● Determines the territorial area of the electoral constituencies in accordance with the Delimitation
Commission Act.
● Registers political parties, providing election symbol and grants recognition to them. (cannot
deregister parties)
● Provides the status of national or state parties to the political parties.
● Ensures that MCC is followed by all the political parties and all the candidates.
● Advises the President and Governor under its advisory jurisdiction on matters relating to the
disqualification of the members of the Parliament and State Legislature respectively.
● Advises the President whether the elections can be held in a state under President‘s rule in order
to extend the emergency for one year.
● Acts as a court for settling disputes related to recognition of political parties and allotment of
election symbols.
● To cancel polls in case of booth capturing or rigging.
● At the district level collector acts as the district returning officer.

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CHAPTER 44: UNION PUBLIC SERVICE COMMISSION
1. Introduction: Independent constitutional body; Articles 315-323 in Part XIV contain elaborate
provisions regarding composition, appointment, and removal of members along with independence,
powers, and functions of UPSC.
2. Important Facts
 It comes under the ambit of Ministry of personnel.
 GOI Act, 1919 proposed to set up Federal Public Service Commission(FPSC).
 In 1926, on recommendation of Lee Commission(1924), FPSC was established.
 GOI Act, 1935 provided for the Central and State Public Service Commission.
3. Composition
 President determines the strength of the commission. (usually 9-11)
 Consists of a Chairman and other members who are appointed by the President of India.
 President determines the conditions of service of chairman and other members.
 Constitution: 50% of members should have held govt office(of state or India) for atleast 10 years.
 Term: Six-year term, or until they attain the age of 65 years, whichever is earlier.
 resign by addressing their resignation to the President.
4. Removal: President can remove the Chairman or any other member if –
 gone insolvent or bankrupt or by reason of infirmity of mind or body
 any paid employment outside the duties.
 For misbehavior: however, it is subject to Judicial inquiry under supervision of the Supreme
Court + the advice tendered by the Supreme Court in this regard is binding on the president.
 Constitution has defined the word misbehavior.
5. Independence
● removed based on grounds mentioned in the constitution only.
● conditions of service cannot be changed to their disadvantage after the appointment.
● Not subject of vote of Parliament to meet the expenses of UPSC as all the expenses are charged
on Consolidated fund of India.
● The chairman of UPSC is not eligible for further employment in Government of India or state.
(office of governor is a constitutional office not under the government)
● Not eligible for reappointment to that office.
● The members can be re-appointed as chairman of UPSC or any State PSC though, but not any
other employment.
6. Others
 recommendations are only advisory in nature.
 The supreme court held that any irregularity in consultation with UPSC or acting without
consultation does not invalidate decision of government.
 Additional functions relating to services of Union can be conferred on UPSC by the Parliament.
 The jurisdiction of UPSC can be extended by an act made by the Parliament.
 All cases of non- acceptance must be approved by Appointments Committee of Union cabinet.
 An individual ministry or department has no power to reject the advice of the UPSC.
 UPSC presents a report annually to the President who places it before both the houses.
 The President can exclude posts, services, and matters from the purview of the UPSC.
 UPSC is only recruiting agency while Deptt of Personnel & Training is central personnel agency. 
 Since the inception of CVC, the role of UPSC in disciplinary matters has been affected. Both are
consulted by the government while taking disciplinary action against a civil servant.
 UPSC being an independent body has an edge over CVC which got statutory status in 2003.

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CHAPTER 45: STATE PUBLIC SERVICE COMMISSION
1. Introduction: Articles 315 to 323 also deal with composition, appointment and removal of members
and functions of a SPSC.
2. Composition
 Consists of a Chairman and other members who are appointed by the Governor of a state.
 Constitution does not specify strength and qualifications of the members of the commission.
 Constitution: 50% of the members of SPSC should be those who have held government office
for at least 10 years.
 hold office for a six-year term, or until they attain the age of 62 year, whichever is earlier.
 All the members can resign by addressing their resignation to the Governor.
 Removal: Chairman and members of a SPSC are appointed by the Governor but can be removed
only by the PRESIDENT on the same grounds as he can remove a member of UPSC. He can
also be removed on for misbehavior: however, it is subject to Judicial inquiry under supervision
of the Supreme Court + the advice tendered by the Supreme Court in this regard is binding on the
President.
 Constitution has defined the word misbehavior.
3. Independence:
 removed based on grounds mentioned in the constitution only.
 conditions of service cannot be changed to their disadvantage after the appointment.
 The members can be re-appointed to UPSC or as chairman to same SPSC or any State PSC,
but not any other employment under government.
 The chairman of SPSC is eligible for appointment as member or chairman of UPSC or
chairman of any other SPSC but not for any other employment under government or
reappointment to same post.
 The entire expense is charged on consolidated fund of state, non-votable by the state
legislature.
4. It presents annual report on its performance to the Governor of a State.
5. The Governor then places this report before both the State Legislature, along with a memorandum
which explains the non-acceptance of the Commission‘s advice.
6. JSPSC: Statutory, non-constitutional body. JSPSC is created by an act of parliament on the request
of state legislatures concerned. It presents its report to the concerned governors. Punjab and Haryana
had a JSPSC for a short period.

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CHAPTER 46: FINANCE COMMISSION
1. Finance commission: Article 280 of the constitution of India provides for a Finance Commission +
Constituted by the President of India every fifth year or at such earlier time as he considers
necessary + It acts as a quasi-judicial authority.
2. The First Finance Commission under the chairmanship of Shri K.C. Neogy on 6th April, 1952.
3. Finance commission as the “balancing wheel of fiscal federalism in India”.
4. Composition
 Comprises Chairman and 4 members appointed by the President.
 Hold office for such a period as specified by the President.
 Chairperson and members are eligible for reappointment.
 The Constitution authorizes Parliament to determine the qualifications of members of the
commission and the way they should be selected.
5. Qualifications
 Chairman – Person having experience in public affair.
 Members – Judge of a high court or qualified to be appointed as one; Specialized knowledge of
finance and accounts of the government; Wide experience in financial matters and in
administration; Special knowledge of economics.
6. Functions: It needs to make the following recommendations to the President –
 Distribution of net proceeds of taxes to be shared between the Centre and the states, and
allocation between the states.
 Principles governing the grant in aid out of the Consolidated Fund of India.
 Any other matter to refer to it by the President.
 Measures needed to augment the consolidated fund of state to supplement the resources
of Panchayat and Municipality on basis of recommendations made by the Finance Commission.
 The Commission submits a report to the President.
 Recommendations are advisory and hence not binding on the government.
7. 15th Finance commission- Constituted by the President in November 2017, under the chairmanship
of NK Singh + recommendations will cover a period of five years from the year 2021-22 to 2025-26.
 Maintaining the vertical devolution at 41% - the same as in its interim report for 2020-21.
 made the required adjustment of about 1% due to the changed status of the erstwhile State of
Jammu and Kashmir into the new UTs of Ladakh and Jammu and Kashmir.
 For horizontal devolution, it has suggested 12.5% weightage to demographic performance, 45%
to income, 15% each to population and area, 10% to forest and ecology and 2.5% to tax and
fiscal efforts.
 It has recommended post-devolution revenue deficit grants amounting to about Rs. 3 trillion over
the five-year period ending FY26.

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CHAPTER 47: NATIONAL COMMISSION FOR SCs
1. Introduction: The National commission for SCs is a constitutional body established by Article 338
of the Indian constitution. (National commission for women, National commission for minorities,
National Human rights commission, National commission for protection of child rights are statutory
bodies)
2. Evolution
 Article 338: provided for the appointment of a Special Officer for SCs and STs to investigate all
matters relating to the constitutional safeguards for SCs and STs.
 1978: Government (through a Resolution) set up a non-statutory multimember Commission for
SCs and STs.
 1987: Government (through another Resolution) modified the functions of the
Commission and renamed it as the National Commission for SCs and STs.
 65th CAA of 1990: establishment of a high-level multi-member National Commission for SCs
and STs in the place of a single Special Officer for SCs and STs.
 89th CAA of 2003: bifurcated the combined National Commission for SCs and STs into two
separate bodies, namely, National Commission for Scheduled Castes (under Article 338) and
National Commission for Scheduled Tribes (under Article 338-A).
 The separate National Commission for SCs came into existence in 2004.
 Composition: Chairperson, a vice-chairperson and three other members + appointed by the
President by warrant under his hand and seal + conditions of service and tenure of office are also
determined by the President of India.
3. Report of the commission
 NCSC presents a report to the president annually or as deemed fit.
 President places all such reports before the Parliament, along with a memorandum explaining the
action taken on the recommendations + also forwards any report of the Commission pertaining to
a state government to the state governor.
 The Governor places it before the state legislature
4. Powers of the commission
 Power to regulate its own procedure.
 It has all powers of a civil court trying a suit.
 Government, both state and central are required to consult the commission on all major policies
affecting SCs.
 discharge similar functions regarding the Anglo-Indian Community.
 102nd CAA 2018: OBCs responsibility is transferred to National commission for backward
classes.

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CHAPTER 48: NATIONAL COMMISSION FOR STS
1. Introduction: National commission for STs is directly established by Article 338-A of the
constitution.
 In 1999, a new ministry of tribal affairs was set up.
 89th CAA of 2003: amended the Article 338 and inserted a new Article 338-A in the
Constitution. The separate National Commission for STs came into existence in 2004.
 Composition: Consist of Chairperson, Vice Chairperson and 3 other members + Appointed by
President by warrant under his hand and seal.
 Service condition and tenure of chairpersons and members is determined by president of India.
 The commission presents an annual report to the President or when it thinks necessary.
 The President places all such reports before the Parliament, along with a memorandum
explaining the action taken on the recommendations made by the Commission + also forwards
any report of the Commission pertaining to a state government to the state governor.
2. Powers of the commission
 Power to regulate its own procedure.
 It all powers of a civil court trying a suit.
 Government, both state and central are required to consult the commission on all major policies
affecting STs.
3. Other powers of the commission
 Measures to be taken to ensure full implementation of PESA.
 Measures to be taken to reduce and eliminate shifting cultivation.
 Measures to be taken over conferring ownership rights in respect to minor forest produce.

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CHAPTER 49: NATIONAL COMMISSION FOR

BACKWARD CLASSES
1. In Mandal case judgement (Indira Sawhney vs UoI), SC directed central government to constitute a
statutory body to examine complaints of any class of citizens belonging to list of backward classes.
2. 102nd Constitutional Amendment Act of 2018
 Repeals NCBC Act, 1993 and inserts Article 338B to set up the constitutional body.
 Article 342A: Parliament‘s approval for every inclusion into and exclusion from the Central
List of OBCs.
 Composition: five members: Chairperson, Vice-Chairperson and three other Members
appointed by the President by warrant under his hand and seal.
 Conditions of service and tenure determined by the President. (Under the rules they hold office
for a term of 3 years)
 Presents an annual report and at other times as it may deem fit to the President: places before
Parliament, along with a memorandum explaining the action taken also contains reasons for non-
acceptance of these recommendations.
 President also forwards any report of the Commission pertaining to a State Govt. to the state
Governor who places it before the state legislature.
 It has the power of civil court.
 Provisions for the development of Socially and Educationally Backward Classes (SEBC).
 Representation of at least two persons having special knowledge related to backward classes
and one woman.
CHAPTER 50: SPECIAL OFFICER FOR LINGUISTIC MINORITIES
 Introduction: 7th CAA of 1956, inserted a new Article 350-B in Part XVII of the Constitution:
Special Officer for Linguistic Minorities appointed by the President of India consequent to the
recommendations of States Reorganization Commission. 
 Appointment: He would report to the President upon those matters at such intervals as the
President may direct.
 President should place all reports before each House & send it to the governments of the states
concerned. 
 Constitution does not specify Qualifications, tenure,removal, salaries, and allowances.
 Constitution does not define the word Minority
 Created in 1957 as Commissioner for linguistic minorities; HQ at Allahabad (Uttar Pradesh);
regional offices at Belgaum, Chenna and Kolkata.
 Falls under Ministry of Minority affairs; submits annual reports to President through Union Minority
Affairs Minister.
 A linguistic minority is a group of people whose mother tongue differs from that of majority of state,
hence they are determined state wise.
 National Commission for Minorities Act, 1992, has declared Muslims, Christians, Sikhs, Buddhists,
Jains and Zoroastrians as 'minority'. 
 National Commission for Minority Educational Institutions (NCMEI) Act, 2004 has been enacted to
safeguard educational rights of minorities 

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CHAPTER 51: COMPTROLLER AND AUDITOR

GENERAL OF INDIA
1. Introduction: Article 148 provides for an independent office of CAG. Head of the Indian Audit and
Accounts Department + ―guardian of Public Purse‖ + guide, friend, and philosopher of the Public
Accounts Committee. Controls the entire financial system of country both at state and central
levels.
2. B.R. Ambedkar: most important Officer under the Constitution of India.
3. one of the bulwarks of the democratic system- others are SC, ECI, UPSC.
4. Appointment and Term
 CAG appointed by the PRESIDENT under his warrant and seal.
 Term: 6 years or 65 years, whichever is earlier.
 Resigns by giving the resignation letter to the President.
 Removal on similar grounds as the Judge of Supreme Court —either on the ground of proved
misbehavior or incapacity.
5. Independence
● Security of tenure: Do not hold office till the pleasure of the President though appointed by
him.
● Not eligible for further office under Government of India or any state.
● Salary and other conditions determined by the Parliament: equal to judge of SC.
● Salary or rights cannot be altered to his disadvantage.
● Conditions of service of persons in Indian Audit and Account service prescribed by the
President after consultation with CAG.
● Administrative expenses charged upon the Consolidated Fund of India.
● No Minister can represent the CAG in Parliament and no minister can be called upon to take any
responsibility for any actions done by him.
6. Duties and Powers
 Article 149 Authorizes the parliament to prescribe the duties and powers of CAG.
 The duties are prescribed by the law made by Parliament – CAG(Duties, powers and conditions
of service ) Act 1971.
 He Audits accounts of Consolidated fund of India + Consolidated fund of each state +
Consolidated fund of each Union Territory having a legislative assembly.
 Audits expenditure of – Contingency fund of each state and Public Account of each state.
 Audits all trading, manufacturing, profit loss accounts, balance sheets and other subsidiary
accounts kept by any dept. of Central government and state govts.
 Audits all transactions of central and state related to debt sinking funds, deposits, advances, and
remittance business.
 Audits all the subsidiary accounts of state and central governments.
 Audits receipts and expenditure of – Bodies financed by Central and State revenues +
Government companies + Other corporation and bodies required by laws.
 Submits audits and reports to the President who shall place them before both houses of
parliament.
 Ascertains and certifies the net proceeds of any tax or duty.
 He compiles and maintains the accounts of state government.
 Submits audit reports – Audit report on appropriation + Audit report on finance + Audit report
on public undertakings.
7. Role of CAG

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● Ensures Accountability of the executive in the sphere of financial administration.

● agent of Parliament and is responsible only to the Parliament.
● The CAG must ascertain the legality of disbursed money.
● Also conduct Proprietary audit (discretionary) – wisdom, faithfulness and economy of
government expenditure
● The secret service expenditure is a limitation on the auditing role of the CAG.
● No control over the issue of money from consolidated funds of India.
● Current Updates
o The Comptroller and Auditor-General of India is the chair of the International Organization
of Supreme Audit Institutions (INTOSAI) Committee on Knowledge Sharing and
Knowledge Services (KSC) and its Steering Committee.
o Girish Chandra Murmu, the Comptroller and Auditor General of India (CAG), has been re-
elected as the External Auditor of the World Health Organization (WHO) for a four-year
term from 2024 to 2027.
o CAG of India is also currently the External Auditor of the Food and Agriculture Organisation
(2020-2025), International Atomic Energy Agency (2022-2027), Organization for Prohibition
of Chemical Weapons (2021-2023) and Inter Parliamentary Union (2020-2022).
8. India- CAG is only an Auditor and General and CAG is not a member of Parliament + In Britain,
Mandatory approval of CAG required to appropriate money from Public exchequer. CAG is member
of House of Commons.
9. CAG and Corporations
 The role of CAG in the auditing of public corporations is limited.
 Some corporations are audited totally and directly by the CAG. E.g.- DVC, ONGC, etc.
 Some audited by private professional auditors appointed by Central Government in
consultation with CAG. E.g. Central Warehousing Corporation, Industrial Finance Corporation,
etc.
 Some are totally subjected to private audit. E.g. – LIC, RBI, FCI etc.
10. Relation between CAG and Public Accounts Committee (PAC)
 Three CAG reports i.e., audit report on appropriation accounts, audit report on finance accounts
and audit report on public sector undertakings are examined by PAC.
 At the central level, these reports are submitted by CAG to President, who makes them to be laid
in Parliament.
 He helps in making the actions of the committee clear to the witnesses and in making the action
of the government clear to the committee.

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CHAPTER 52: ATTORNEY GENERAL OF INDIA
1. Introduction: Article 76 provided for the office of Attorney general for India who is the highest law
officer in the country.
 Appointed by President.
 qualified to be the Judge of SC.
 Term of office not fixed by the Constitution.
 Constitution has not prescribed any procedure for his removal.
 Holds office during the pleasure of the President.
 Receives remuneration as President may determine.
 Conventionally, he resigns when government (council of ministers) resigns or is replaced as he is
appointed on its advice.
3. Duties and Functions
 Chief Law officer of Government of India: Give advice to GOI on legal matters + Perform the
duties of a legal character + Discharge functions conferred on him by the constitution.
 President may assign the following duties to the Attorney General of India: To appear on behalf
of the government; To represent the government; To appear when required by the government in
any high court; To represent GoI in any reference made by the President to the SC under Article
143.
4. Rights and Limitations
 Right of the audience in all courts.
 Right to speak and take part in the proceedings of both the houses of parliament, joint sitting, or
any committee proceedings of which he may be named a member.
 Does not have the right to vote.
 He enjoys all privileges and immunities that are available to a member of parliament.
 Limitations: Should not advise against the government of India + Should not defend an accused
person in criminal proceedings + Should not accept appointment as director in any company or
corporation without government permission.practice.
5. Solicitor General of India
 Second-highest legal officer in the country, serving under the Attorney General.
 The constitution does not mention the Solicitor General or Additional Solicitor General.
 The office of the Solicitor General and Additional Solicitor Generals are regulated by the Law
Officers (Conditions of Service) Rules, 1987 -> So these are statutory positions.
 He/she provides legal advice to the government and is appointed for a three-year term by the
Prime Minister-chaired Appointment Committee of the Cabinet.
 He/She do not have the right to participate in parliamentary proceedings.

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CHAPTER 53: ADVOCATE GENERAL OF INDIA
1. Introduction: The constitution (Article 165) provided for office of advocate general for the states +
Highest law officer in the state.
 Appointed by Governor
 He must be qualified to be the Judge of High court.
 Term of office not fixed by constitution.
 Constitution has no procedure for his removal.
 Submits resignation to Governor.
 Holds office during the pleasure of the Governor.
 Receives remuneration as Governor may determine.
3. Duties and Functions: Give advice to state government on legal matters; perform duties of legal
nature assigned to him by the governor.
4. Rights: Right to speak and take part in proceedings of both houses of state legislature or committee
in which he may be named a member. (Without a right to vote); He enjoys rights and privileges
available to member of state legislature.

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CHAPTER 54: NITI AAYOG
1. Introduction: NITI Aayog established as the successor to the planning commission on January 1,
2015, by an executive resolution; it is an extra-constitutional body.
2. Composition
 Chairperson: Prime Minister
 Vice-Chairperson: To be appointed by Prime-Minister
 Governing Council: Chief Ministers of all states and Lt. Governors of Union Territories.
 Regional Council: To address specific regional issues, Comprising CHIEF MINISTER and Lt.
Governors Chaired by the Prime Minister or his nominee.
 Ad-hoc Membership: Two members in ex-officio capacity from leading Research institutions
on a rotational
 Ex-Officio membership: Maximum four from the Union council of ministers to be nominated
by the Prime
 Chief Executive Officer: Appointed by the Prime-minister for a fixed tenure, in the rank of
Secretary to Government of India.
 Special Invitees: Experts, Specialists with domain knowledge nominated by the Prime-minister.
3. Full time organizational framework
 Vice Chairperson appointed by PM; rank of a Cabinet Minister.
 Four full-time members who have the rank ofMinister of State at the Union level.
 Two part-time members who are academics from leading universities, research organizations etc;
appointed on a rotational basis.
 Union Cabinet Ministers, not exceeding four, arenominated by the Prime Minister as ex-officio
members.
 A Chief Executive Officer who has a rank of Secretary to GOI is appointed by the Prime
Minister. He has a fixedtenure and serves as the Member-Secretary to the Aayog.
4. Initiatives of NITI Aayog
 SDG India Index
 Composite Water Management Index
 Atal Innovation Mission
 SATH programme
 Aspirational District Programme
 School Education Quality Index
 District Hospital Index
 Composite Health Index
 Digital Transformation Index
 India Innovation Index
 Women Entrepreneurship Platform
 Good Governance Index
5. National Development Council
 It was formed by executive resolution in 1952 hence it is neither constitutional body nor
statutory body.
 Composition: Prime Minister of India [chairman] and includes all Union Ministers, Chief
Ministers of all the States and Administrators of Union Territories and Members of the Planning
Commission.
 Functions:

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o to prescribe guidelines for the formulation of the National Plan, including the assessment of
resources for the Plan;
o to consider the National Plan as formulated by the Planning Commission;
o To make an assessment of the resources those are required for implementing the Plan and to
suggest measures for augmenting them.
o to consider important questions of social and economic policy affecting national
development; and
o To review the working of the Plan from time to time and to recommend such measures as are
necessary for achieving the aims and targets set out in the National Plan.
o To recommend measures for achievement of the aims and targets set out in the national Plan.

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CHAPTER 55: NATIONAL HUMAN RIGHTS COMMISSION
1. Introduction: It is a statutory body established in 1993 under Protection of Human rights act of
1993; amended in 2006. Watchdog of human rights in the country.
2. Established in conformity with the Paris Principles, adopted for the promotion and protection of
human rights in Paris (October 1991).
3. Composition
 Chairman and five full-time Members and seven deemed Members.
 A person who has been the CJI or a judge of the SC can become a chairman. Member should be
a serving or retired judge of SC, a serving or retired chief justice of high court and three persons,
out of which one has to be a woman, having knowledge wrt human rights.
 Seven ex-officio members: Chairpersons of the National Commission for Minorities, National
Commission for SCs, National Commission for STs, National Commission for Women, National
Commission for BCs, National Commission for Protection of Child Rights and Chief
Commissioner for Persons with Disabilities.
 Note – A sitting judge of the Supreme Court, or a sitting Chief Justice of a High Court can be
appointed only after consultation with the Chief Justice of India.
4. Appointment: By the President on the recommendations of a six-member committee:
● Prime Minister as its head + Speaker of the Lok Sabha + Deputy Chairman of the Rajya Sabha +
leaders of the Opposition in both the Houses of Parliament and Union Home Minister.
5. Tenure: Term of three years or until they attain the age of 70 years, whichever is earlier; not eligible
for further employment under the Central or a state government.
6. Removal: On the charges of proved misbehavior or incapacity among other circumstances, if proved
by an inquiry conducted by a Supreme Court Judge, then the president can remove them.
7. The salaries and allowances are determined by the Central government.
8. Functions of the commission: To inquire into any violation of human rights or negligence in the
prevention of such violation by a public servant, either Suo-motu or on a petition presented to it or
on an order of a court, to visit jails and detention centres and make recommendations.
9. Working of the commission
● HQs at Delhi.
● Power to regulate its own procedure; all powers of a civil court and its proceedings have a
judicial character.
● Functions are recommendatory in nature .Not empowered to inquire into any matter after expiry
of one year from date on which act constituting violation of HRs alleged to have committed.
● No power to punish the violators of human rights, nor to award any relief including monetary
relief to the victim.
● It should be informed about the action taken on its recommendations within one month.
● The commission has limited role, powers, and jurisdiction with respect to the violation of human
rights by the members of the armed forces (Art. 33). The central govt should inform commission
of action taken on recommendations within three months.
● Its recommendations are not binding on authority.
10. AM Ahmadi committee recommended that commission should be empowered to inquire into matter
after expiry of one year if there is sufficient reason for the delay.
11. Protection of Human Rights (Amendment) Act, 2019
 Chairperson of NHRC: the chairperson can either be the Chief Justice of the Supreme Court or
a judge from the Supreme Court.

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 Chairperson of SHRC: the chairperson of the SHRC may have been a chief justice or a judge
of the HC.
 3 members; Mandatory inclusion of women member
 Other members: The current act includes the chairpersons of the National Commission for the
Protection of Child Rights, National Commission for Backward Classes, and the Chief
Commissioner for Persons with Disabilities.
 Term in office: the tenure is reduced to 3 years or till the age of 70; removes five-year limit for
reappointment.
 Central government may confer on SHRC human right functions being discharged by UTs.
12. State Human Rights Commission
 The Protection of Human Rights Act of 1993 provides for the creation of State Human Rights
Commission atthe state level. 
 The Governor appoints the chairperson and other members on the recommendations of a
committeeconsisting of: Chief Minister as its head + Speaker of the Legislative Assembly + State
home minister + leader of the opposition in the LegislativeAssembly. 
 term of five years or until they attain the age of 70 years, whichever is earlier.
 chairperson and members are not eligible for further employment under a state government or
the Central government.
 The chairman or any other member is removable by the President under same circumstances as
NHRC.
 The functions related to human rights for Delhi are dealt by NHRC and functions of SHRC are
similar to NHRC.
13. Human rights courts
 The Protection of Human Rights Act, 1993 act provides for establishment of human rights court
in every district for speedy trial of offences arising out of violation of human corrects.
 Set up by state government only with concurrence of Chief Justice of HC of that state.
 State government specifies a public prosecutor or appoints an advocate (practiced for 7 years) as
a special public prosecutor.
 The Act however does not define or explain the meaning of offences arising out of violations of
human corrects. It is vague and the act is also silent about taking cognizance of the offence.

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CHAPTER 56: CENTRAL INFORMATION COMMISSION
1. Introduction: CIC established by central government in 2005; constituted through an official

gazette notification under provisions of Right to Information Act (2005).
2. Composition
 Chief InformationCommissioner and not more than ten Information Commissioners.
 Appointed by the President on the recommendation of a committee consisting of:
o PM as Chairperson, the Leaderof Opposition in the Lok Sabha and a Union Cabinet Minister
nominated by the Prime Minister.
 They should not be a MP or member of legislature of any state
3. Tenure: hold office for such term as prescribed by the Central Government or until they attain the
age of 65 years, whichever is earlier; not eligible for reappointment.
 receive and inquire into a complaint from any person regarding information request under RTI,
2005.
 Order an inquiry into any matter if there are reasonable grounds (suo-motopower).
 Powersof a civil court in respect of summoning, requiring documents etc.
5. Removal
 Removal is done by the President on grounds ofbankruptcy, unsound mind, infirmity of body or
mind, sentenced to imprisonment for a crime, orengaged in paid employment.
 He can also be removed for proved misbehavioror incapacity if SC inquiry finds him guilty. 
 They can resign by writing to the President.
6. Salaries, allowances of Chief Information commissioner are similar to those of Chief Election
commissioner.
7. State Information Commission
 Composition: Chief information commissioner and up to 10 information commissioners.
 All are appointed by the governor on recommendation of the chief minister, cabinet minister
nominated by him and leader of opposition in legislative assembly.
 Qualification: They should not be MP / MLA‘s or connected to any political party, doing some
business/ profession or holding office of profit.
 Term: till the age of 65 or 5 years.
 The information commissioner is eligible for the post of state chief information commissioner
but can be in office for a maximum of 5 years including his tenure asinformation commissioner.
 Removal is done by the governor on grounds of bankruptcy, unsound mind, infirmity of body or
mind,sentenced to imprisonment for a crime, or engaged in paid employment.
 Salary, allowances of State Chief Information commissioner are similar to those of an Election
commissioner and that of State Information commissioner are similar to those of Chief secretary
of state government.

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CHAPTER 57: CENTRAL VIGILANCE COMMISSION
1. Introduction: It was established in 1964 by an executive resolution of central government;

recommended by Santhanam committee on prevention of corruption.
2. 2003: Statutory status to CVC
3. Composition: Multi-member body: Central vigilance commissioner (chairperson) and not more
than two vigilance commissioners.
 Appointed by president on the recommendation of 3 member committee comprising of PM,
Minister of Home Affairs and Leader of opposition in Lok Sabha.
 Hold office for 4 years or until they attain the age of 65 years.
 Not eligible for further employment. Salary andallowance similar to the UPSC
5. Removal: The President can be removed on recommendation ofthe Supreme Court after inquiry on
grounds of provenincapacity and misbehavior.
6. Salary and allowances of Central vigilance commissioner are similar to those of Chairman of UPSC
and that of vigilance commissioner similar to those of a member of UPSC.
7. It exercises superintendence over functioning of Delhi Special police establishment (CBI) in so far
as it relates to investigation of offences under Prevention of Corruption act, 1988.
8. not an investigating agency: gets the investigation done through the CBI or through chiefvigilance
officers (CVO) in government offices.
9. It is empowered to inquire into offenses alleged to have been committed under the Prevention of
Corruption Act, 1988 by certain categories of public servants.
10. HQs at New Delhi
11. Power to regulate its own procedure; all powers of a civil court.
12. CVC has to present annually to President to report on its performance.
CHAPTER 58: CENTRAL BUREAU OF INVESTIGATION
1. Introduction: Set up in 1963 by a resolution of Ministry of Home affairs; later transferred to

Ministry of Personnel + Special police establishment was also merged with CBI. It is not a statutory
body which derives its powers from Delhi special police establishment act, 1946 + It acts as the
―National Central Bureau‖ of Interpol in India.
2. Composition
 The Director of the Central Bureau of Investigation, who is appointed on the suggestion of a
committee chaired by the Prime Minister, is in charge of appointing the DSPE.
 Section 4A of the Delhi Special Police Establishment Act of 1946 appoints the Director of the
CBI.
 Selection Committee: The Prime Minister as Chairperson, the Leader of Opposition in the Lok
Sabha and the Chief Justice of India or Judge of the Supreme Court (SC) nominated by him.
 Delhi Special Police Establishment (Amendment) act, 2014: where there is no recognized leader
of opposition in LS, then leader of single largest opposition party in LS would be member of that
committee.
 Director of CBI provided security of two-year tenure in office by CVC act of 2003.
3. CBI academy at Ghaziabad, Uttar Pradesh.

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CHAPTER 59: LOKPAL AND LOKAYUKTAS
1. Introduction: The institution of Ombudsman was first created in Sweden in 1809.

2. Swedish Ombudsman
 Appointed by the Parliament for a term of four years and can be removed only by the
Parliament on ground of its loss of confidence in him.
 He submits his annual report to Parliament; but he is independent of Parliament as well as
executive and judiciary.
3. New Zealand- Parliamentary commissioner; France- Administrative courts; Socialists- Procurator
system.
4. From Sweden, the institution of Ombudsman spread to other Scandinavian countries– Finland
(1919), Denmark (1955) and Norway (1962).
5. New Zealand is the first Commonwealth Country to adopt Ombudsman.
6. Lokpal: It deals with complaints against ministers and secretaries at Central and state levels and
Lokayukta would deal with complaints against other specified higher officials.
7. Lokpal and Lokayuktas act (2013)
 Lokpal at Centre; Lokayukta at state.
 Jurisdiction of Lokpal includes PM, Ministers, MPs and Groups A,B, C and D officers and
officials of Central government.
 Composition: Chairperson and a maximum of 8 members of which 50% shall be judicial
members. 
 50% members from SCs, STs, OBCs, minorities and women. 
 Selection committee: PM + Speaker of LS + Leader of opposition in LS + CJI or a sitting SC
judge nominated by CJI + eminent jurist nominated by President of India. 
 Power of superintendence and direction over any investigating agency, including CBI for cases
referred to them by Lokpal.
 Provisions for attachment and confiscation of property of public servants acquired by corrupt
means even while prosecution is pending.
 Institutions aided by government are excluded. 
 No suo motu power; limitation period of 7 years to file complaints. 
8. Lokayuktas
 First in Maharashtra in 1971.
 Structure varies across states
 Lokayukta and upalokayukta are appointed by Governor of state.
 Tenure, generally of 5 years or 65 years of age; not eligible for reappointment for second term.
 Annual report to governor.
 Recommendations are only advisory and not binding on state government.

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CHAPTER 60: CO-OPERATIVE SOCIETIES
1. Introduction: 97th CAA of 2011 gave constitutional status and protection to co-operative societies.
It made right to form co-op societies a fundamental right (Article 19); DPSP on promotion of co-
operative societies (Article 43-B) and added Part IX-B (Articles 243 ZH to 243-ZT)
 State legislatures make provisions for the incorporation, regulation and winding-up of co-
operative societies.
 Composition
o number of directors: as may be provided by the state legislature.
o Maximum number of directors shall not exceed twenty-one.
o Reservation of one seat for SCs or STs and two seats for women on the board of every co-
operative society.
o Term: five years from the date of election
o Co-opted members shall not exceed two – people having experience in the field of banking
management, finance or specialization; no right to vote in election of co-operative society or
be eligible to be elected as office bearers of the board.
o Functional members shall be excluded for purpose of counting total no. of directors.
 Election of members
o Superintendence, direction, and control of preparation of electoral rolls shall vest in such
body as provided by state legislature.
o No board shall be superseded or kept under suspension for a period exceeding six months.
o Board of co-op society shall not be superseded where there is no Government shareholding
or loan or financial assistance by government.
 Audit of accounts: State legislature may make provisions for maintenance of accounts by the
co-op societies + Accounts shall be audited within 6 months of the close of financial year + audit
report shall be laid before the state legislature.
 State legislature may provide for annual general body meeting to be convened within a period of
six months of the close of financial year. Every society shall file returns within six months of the
close of every financial year.
 Application to Multi-state co-op‟s: Subject to modifications that any reference to ―State
legislature‖ shall be construed as reference to ‗Parliament‘.
 Application to UTs: Apply to UTs as well but President may modify it.
 Co-operative societies belong to the state list in the seventh schedule.

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CHAPTER 61: OFFICIAL LANGUAGE
1. Introduction: Part XVII; Articles 343 to 351 deals with official language.
2. Language of the Union
 Hindi in Devanagari; international form of Indian numerals.
 For fifteen years from the commencement of Constitution, English language shall continue to be
used for all the official purposes of the Union.
 Parliament may provide for continued use of English language for specified purposes.
 At the end of five years, and at the end of ten years, from commencement of Constitution:
President should appoint commission consisting of chairman and other members representing
different languages specified in 8th Schedule of Constitution.
 1955: Commission under chairmanship of BG Kher. The report was examined by a
parliamentary committee under chairmanship of Gobind Vallabh Pant.
 Another official language commission (as envisaged by constitution) was not appointed.
 Parliament enacted Official Language Act, 1963: enabled use of English indefinitely. Further
amended in 1967 to make the use of English in addition to Hindi in certain cases.
3. Regional languages
 Constitution does not specify the official languages of different states.
 The legislature of a state may adopt any one or more of the languages in use in the state or Hindi
as the official language of that state. Until then English is to continue as official language of
state. Choice of state not limited to languages mentioned in 8th schedule.
 Official Languages Act (1963) : English should be used for purposes of communication between
the Union and the non-Hindi states.
 When the PRESIDENT (on a demand being made) is satisfied that a substantial proportion of the
population of a state desires use of any language spoken by them to be recognized by that state,
then he may direct that such language shall also be officially recognized in that state.
4. Language of the Judiciary and text of laws: Until Parliament provides otherwise, the following
are to be in the English language only:
 All proceedings in the Supreme Court and in every high court.
 The Governor of a state, with the previous consent of the president, can authorize the use of
Hindi or any other official language of the state, in the proceedings in HC, but not with respect
to the judgements, decrees and orders passed by it.
 A state legislature can provide use of Hindi or other regional language for bills, acts, ordinances
etc. but an English translation has to be published.
 Parliament has not made any provision for the use of Hindi in the Supreme Court.
5. Protection of Linguistic Minorities
 Every aggrieved person has right to submit a representation in any of the languages used in the
Union or in the state.
 Every state and a local authority should provide adequate facilities for instruction in the mother-
tongue at the primary stage of education.
 President should appoint a special officer for linguistic minorities.
6. 21st Amendment Act of 1967: Sindhi added to 8th schedule + 71st Amendment Act of 1972:
Konkani, Manipuri, and Nepali + 92nd Amendment Act of 2003: Bodo, Dogri, Maithili and
Santhali.
7. Official language act (1963) provided for committee of Parliament on off language to review
progress made in use of Hindi for official purpose of Union + Chairman of committee elected by

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members of committee. As a convention, Union Home Minister has been elected as chairman of
committee from time to time.
8. Classical Language status
 In 2004, GOI decided to create a new category of languages called ―classical languages‖.
 In 2006, it laid down the criteria for conferring the classical language status.
 Criteria: High antiquity of its early texts/recorded history over a period of 1,500 – 2,000 years, a
body of ancient literature/texts which is considered a valuable heritage by generations of
speakers + literary tradition that is original and not borrowed from another speech community.
 Tamil (2004), Sanskrit (2005), Telugu (2008), Kannada (2008), Malayalam (2013) and Odia
(2014).

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CHAPTER 62: PUBLIC SERVICES
1. The public services in India are of three categories – All India services, central services, and state
services.
2. Sardar Vallabhbhai Patel was the chief protagonist of all India services in the constituent assembly.
Hence he is known as Father of All India Services.
3. All-India services – IAS, IPS, Indian forest services. They are controlled jointly by Centre and state.
 All-India services act of 1951: senior posts not exceeding 33 and one third percent in IAS, IPS,
IFS are required to be filled in by promotion of officers employed in state services.
 The salaries and pensions of All-India services are met by the states.
 Article 309: Parliament or State legislature can impose ‗reasonable‘ restrictions on FRs of public
servants in interests of integrity, honesty etc.
 Article 312: Parliament can create new all-India service if Rajya Sabha passes a resolution
declaring that it is necessary in national interest to do so; such resolution in RS should be
supported by 2/3rd of members present and voting.
4. Tenure of office: Article 310: members of defense, civil services of Centre and all-India services
under Centre hold office during the pleasure of President.
5. Article 311 imposes two limitations on the aforementioned "doctrine of pleasure."
● A civil servant may not be dismissed or removed by an authority that is subordinate to the one
that appointed him.
● A civil servant may not be dismissed, removed, or reduced in rank unless he has been informed
of the charges against him and has been given a reasonable opportunity to be heard on those
charges.
6. Article 312 A (added by the 28th Amendment Act of 1972) empowers Parliament to change or
revoke the terms of service of persons appointed to the civil service of the Crown in India prior to
1950.
7. The 28th Amendment Act of 1972 repealed Article 314, which provided for the protection of
existing officers of certain services.
8. Though 42nd CAA of 1976 made provision for creation of all-India judicial service, no such law has
been made so far.

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CHAPTER 63: TRIBUNALS
1. Introduction: The original constitution did not contain provisions w.r.t tribunals + Added by 42nd
CAA, 1976 with a new Part XIV-A on recommendation of Swaran Singh Committee + 323-A –
deals with Administrative Tribunals + 323-B – deals with tribunals for other matters.
2. Administrative tribunals (Article 323-A)
 Empowers Parliament to establish adminstrative. tribunals for adjudication of disputes relating to
recruitment and conditions of service appointed to public services of centre, states, local bodies,
public corporations and other public authorities.
 Parliament passed Administrative tribunals act (1985): one CAT and SATs.
3. Central Administrative Tribunal (CAT)
 Set up in 1985 with the principal bench at Delhi
 Original jurisdiction of CAT: In relation to recruitment and all service matters of public
servants covered by it. Jurisdiction extends to the all-India services, Central civil services, civil
posts under the Centre and civilian employees of defence services.
 Members of defence forces, officers and servants of SC and secretarial staff of Parliament are not
covered by it.
 Composition: Multi-member body consisting of a chairman and members + In 2006, members
have been given status of judges of HCs + Members drawn from both judicial and administrative
streams are appointed by President.
 Term: Five years or until they attain the age of 65 years in case of Chairman and 62 years in
case of members whichever is earlier.
 The appointment of Members in CAT is made on the basis of recommendations of a high-
powered selection committee chaired by a sitting Judge of SC who is nominated by CJI.
 After obtaining the concurrence of CJI, appointments are made with the approval of Cabinet
Committee of Appointments.
 Procedure: not bound by procedure laid down in the Civil Procedure Code of 1908 + guided by
the principles of natural justice + allows applicant to appear either in person or through a lawyer.
 Originally, appeals against the orders of the CAT could be made only in the SC and not in the
high courts (Bypassing jurisdiction of HC).
 Chandra Kumar case (1997): SC declared this restriction on the jurisdiction of the HC as
unconstitutional, holding that judicial review is a part of the basic structure of the Constitution.
 SC laid down that appeals against the orders of the CAT shall lie before the division bench of the
concerned HC and later on in the SC.
4. State Administrative Tribunals
 Administrative Tribunals Act of 1985 empowers the Central government to establish the SATs
on specific request of the concerned state governments.
 The chairman and members of the SATs are appointed by the president after consultation with
the governor of the state concerned.
 Joint administrative tribunal (JAT) for two or more states: chairman and members of a JAT are
appointed by the president after consultation with the governors of the concerned states.
5. Tribunals for other matters: Article 323 B: Parliament and State legislature authorized to provide
for establishment of tribunals for adjudication of disputes relating to taxation, forex, import, export;
land reforms; elections to Parliament and state legislature; food stuffs and rent and tenancy rights.
6. Tribunals under Article 323 A can be established only by Parliament; tribunals under Article 323
B can be established both by Parliament and State legislatures.
7. Chandra Kumar case (1997): Judicial remedies are now available against order of these tribunals.

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CHAPTER 64: RIGHTS AND LIABILITIES OF GOVERNMENT
1. Introduction: Article 294 to 300 in Part 12 of constitution deals with property, contract, rights,
liabilities, obligations and suits of Union and the states.
2. Succession: Rights, liabilities, property, assets now Vested in the Union or the corresponding
state.
3. Escheat, Lapse and Bona Vacantia: Vest in the state if property is situated there, and in the Union,
in any other case.
4. Sea-wealth: India‘s territorial waters extend to 12 nautical miles from appropriate base line +
India‘s EEZ extends up to 200 nautical miles.
5. Compulsory acquisition by law: Parliament as well as state legislature are empowered to make
laws for compulsory acquisition and requisitioning of private property by the governments.
6. Acquisition under Executive power: Union or State can acquire, hold, and dispose property +
Executive power of Union or state extends to carrying on any trade or business within and in other
states.
7. Suits by or against the government
 Article 300: Union of India and states are legal entities (juristic personalities) for purposes of
suit and proceeding, not the government of the Union or Government of states.
 Liability for contracts: President or Governor is not personally liable in respect of any contract
executed in his name.
 Liability for Torts: Union or states in India can be sued for torts committed by its officials only
in exercise of its non-sovereign functions but not in sovereign functions like administering
justice, constructing a military road.
8. Suits against Public officials
 Official conduct of President can be reviewed by a court, tribunal or any other body authorized
by either House of Parliament to investigate charges for impeachment.
 No criminal proceedings can be started against President and governors in respect of their
personal acts, nor can they be arrested or imprisoned.
 Civil proceedings can be started against them during their term of office in respect of their
personal acts after giving two months advance notice.
9. Ministers
 Constitution does not grant any immunity to ministers for their official acts, although not liable
in the court for these acts.
 Not required to counter sign (as in Britain) in official acts of President and governors.
 Do not enjoy any immunity for their personal acts and can be sued for crimes as well as torts in
ordinary courts like common citizens.
10. Civil servants
 Conferred personal immunity from legal liability for official contracts.
 Enjoy immunity from legal liability for their tortious acts in respect of sovereign functions.
 Liability for torts or illegal acts is same as of any ordinary citizen.
 Civil proceeding can be instituted against them in their official capacity after giving a two month
advance notice.
 Criminal proceedings can be instituted against them for acts done in their official capacity, with
prior permission of President or Governor.

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CHAPTER 65: SPECIAL PROVISIONS RELATING TO

CERTAIN CLASSES
 The constitution leaves to the President the power to specify as to what castes or tribes in each state
and UT are to be treated as SCs and STs.
 In case of states, President issues notification after consulting governor of state concerned. Any
inclusion or exclusion of any caste or tribe from Presidential notification can be done only by the
Parliament and not by a subsequent Presidential notification.
 Similarly, the constitution has empowered President to specify the classes of citizens who are to be
called OBCs. Any inclusion or exclusion of any caste or tribe from Presidential notification can be
done only by the Parliament and not by a subsequent Presidential notification.
CHAPTER 66: POLITICAL PARTIES
1. Introduction: Election commission registers political parties and grants them recognition as
national or state parties on the basis of their poll performance.
2. Recognized parties need only one proposer for filing nomination: forty-star campaigners.
3. Registered-unrecognized parties have twenty-star campaigners; travel expenses of these star
campaigners are not included in election expenditure of candidates of their parties.
4. A registered unrecognized party must select a symbol from list of free symbols.
5. Party is recognized as National Political Party(NPP) if they full fill any of following conditions:
 If it wins at least 6% of valid votes polled in a general election held either to the Lok Sabha or
Legislative Assembly of the State in 4 or more states and wins at least 4 seats in Lok Sabha from
1 or more states.
Legislative Assembly of a state in 4 or more states.
 If it wins at least 2% of the total number of seats in the Lok Sabha from 3 or more states.
 If it is recognized as a state party in four states.
 Updates
o Recently, the Election Commission of India withdrew the national party status of Trinamool
Congress, Nationalist Congress Party and the Communist Party of India (CPI) and
recognised Aam Aadmi Party (AAP) as a national party.
o Currently there are 6 national parties: Aam Aadmi Party, Bahujan Samaj Party, Bharatiya
Janata Party, CPI (Marxist), Indian National Congress, National People's Party (NPP).
6. A party is recognized as a State Party if any of the following requirements are met:
Legislative Assembly of the State and wins at least 1 seat in Lok Sabha or 2 seats in the
Legislative Assembly of the state.
 If it wins at least 8% of valid votes are polled in a general election held either to the Lok Sabha
or Legislative Assembly of a state.
 If it wins at least 3% of the total number of seats in the Legislative Assembly of a state or 3 seats
in the Legislative Assembly whichever is higher.
 If it wins at least 1 seat in Lok Sabha out of every 25 seats allocated to the States in Lok Sabha.
Note: A registered political party is accorded the status of a recognized state or national party as per
the criteria listed in 'The Election Symbols (Reservation and Allotment) Order, 1968'.

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CHAPTER 67: ELECTIONS
 Articles 324 through 329 of Part XV of the Constitution cover election-related provisions.
 The power of superintendence and conduct of elections to the president, vice president, parliament,
state legislatures is vested in the election commission.
 Constitution declares that validity of any law relating to delimitation of constituencies cannot be
questioned in any court. The orders issued by Delimitation commission become final and cannot be
challenged in any court.
 61st CAA reduced voting age from 21 to 18.
 Article 323 B: Tribunal for adjudication of election disputes.
 Chief Electoral officer supervise election work in state/UT.
 ECI nominates District Election officer (DEO) in consultation with state government.
 Returning officer responsible for conduct of elections in Parliamentary or assembly constituency
concerned.
 Electoral registration officer (ERO) responsible for preparation of electoral rolls for a
parliamentary/assembly constituency.
 Voting is done by secret ballot.
 1998: EVMs introduced; Lok Sabha election (2004): Only EVMs used
 EC first effectively put model code of conduct in 1991 to ensure free and fair elections.

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CHAPTER 68: ELECTION LAWS
1. Introduction: Articles 81 and 170 of constitution lay down maximum number of seats in Parliament
and in legislative assemblies of states; but left actual allocation of such seats to be provided by the
law.
2. Article 171: Lays down maximum and minimum number of seats in legislative council of a state
but actual number of seats to be filled by each such method has been left to be provided by law.
3. Representation of People‟s act (1950)
 Lays down procedures for delimitation of constituencies.
 Provides for the allocation of seats in the House of the People and in the Legislative Assemblies
and Legislative Councils of States.
 Preparation of electoral rolls and the manner of filling seats.
 Lays down the qualification of voters: Permanent resident of India + not less than 18 years of
age.
 Registration of electors for Parliamentary constituencies and qualifications, disqualifications for
such registration.
 Barring the jurisdiction of civil court.
 Manner of filling of seats in Council of states by representatives of union territories.
4. Representation of People act (1951)

 It regulates the actual conduct of elections and by-elections.
 It provides administrative machinery for conducting elections.
 It deals with the registration of political parties.
 It specifies the qualifications and disqualifications for membership of the Houses.
 It provides provisions to curb corrupt practices and other offences.
 It lays down the procedure for settling doubts and disputes arising out of elections.
 Barring the jurisdiction of civil courts.
 Bye elections time limit for filling vacancies.
 Sec 3 of RPA, 1951 A person is not qualified to be chosen as a representative in the council of
states unless he is an elector.
 Section 126A of RPA, 1951: Prohibits conduct of exit poll and dissemination of their results
during the hour fixed for commencement of polls in first phase and half hour after time fixed for
close of poll for last phase in all states and UTs.
 Section 126 of RPA, 1951: Prohibits displaying any election matter during period of 48 hours
ending with hour fixed for conclusion of poll.
 Sec 8 of RPA, 1951: Disqualification on conviction of certain offenses which are mentioned in
the act:

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o Any form of gratification for electors to vote or to refrain from voting.

o Practices of untouchability, sati, domestic violence, dowry, etc.
o Appealing voters to vote or refrain from voting on grounds of religion, race, caste,
community, etc.
o Booth capturing by the candidate or by an agent of the candidate.
o Promotion of feelings of enmity or hatred between communities.
o The offense of bribery or involved in importing or exporting prohibited goods.
 Sec 9: A person who has held an office under the Government of India or under the Government
of any State has been dismissed for corruption or for disloyalty to the State shall be disqualified
for a period of five years from the date of such dismissal.

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CHAPTER 69: ANTI-DEFECTION LAW
1. Introduction: 52nd Amendment act of 1985 provided for disqualification of Members of Parliament
and state legislatures on ground of defection from one political party to another; Tenth schedule.
2. Provisions of the act
 Disqualification: A member of a house belonging to a political party:
o Voluntarily gives up the membership of his political party, or
o Votes, or does not vote in the legislature, contrary to the directions of his political party
(Whip) with no prior permission of party and has not been condoned by party within 15 days.
o An independent candidate joins a political party after the election.
o A nominated member joins a party six months after he becomes a member of the legislature.
 Exceptions
o If member goes out because of merger of party with another party. Merger takes place when
two thirds of the members of the party have agreed to such merger.
o If a member after being elected as Presiding officer of the house voluntarily gives up
membership and rejoins after he ceases to hold office to maintain dignity of office.
o Note: 91st CAA (2003): Defectors have no more protection on ground of splits.
 Deciding authority
o Decided by Presiding officer of the house.
o Kihoto Hollohan case (1993): Subject to judicial review on grounds of mala fides, perversity
etc.
o Presiding officer is empowered to make rules; all such rules must be placed before the house
for 30 days.
o Any willful contravention by any member of such rules may be dealt with in same manner as
breach of privilege of the house.
o Presiding officer can take up a defection case only when he receives a complaint from a
member of the house. Defection has no automatic and immediate effect.
3. 91st amendment act of 2003
 The total number of ministers, including PM, in the Central Council of Ministers shall not
exceed 15% of the total strength of the Lok Sabha.
 A member disqualified on the ground of defection shall also be disqualified to be appointed as a
minister.
 A member of either House of Parliament or either House of a State Legislature disqualified on
the ground of defection shall also be disqualified to hold any remunerative political post.
 The total number of ministers, including CM, in the State Council of Ministers shall not exceed
15% of the total strength of the Legislative assembly, however number of ministers including
CM must not be less than 12.

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CHAPTER 70: CONTEMPORARY AFFAIRS OF POLITY
1. Zero FIR
 Unlike an FIR, which is restricted by jurisdiction, a zero FIR can be filed in any police station,
regardless of whether the offence was committed under the jurisdiction of that particular police
station. Zero FIRs are assigned the number '0'.
 Objective: To ensure the timely reporting and investigation of crimes, especially when the victim
is away from the incident's jurisdiction or during emergencies.
 It can be filed for any criminal offense, ranging from theft, assault, kidnapping, harassment,
sexual offenses, to more serious crimes like murder and terrorism.
 It was introduced on the recommendation of the Justice Verma Committee formed at the
backdrop of the brutal Nirbhaya gang rape in Delhi in 2012.
 It carries the same legal weight as a regular FIR and can be used as valid evidence in court
proceedings.
2. Chargesheet
 A chargesheet, as defined under Section 173 CrPC, is the final report prepared by a police officer
or investigative agency after completing their investigation of a case.
 It contains all the stringent records right from the commencement of investigation procedure of
lodging an FIR to till the completion of investigation and preparation of final report.
 A chargesheet is to be filed within 60 days from the date of arrest of the accused in cases triable
by lower courts and 90 days in cases triable by Court of Sessions.
 If the charge sheet is not filed within the prescribed time, the accused has a right to default bail.
Once the charge sheet has been submitted to a court of law, prosecution proceedings against the
accused begin.
3. Default bail/Statutory bail
 It is a right to bail that accrues when the police fail to complete investigation within a specified
period in respect of a person in judicial custody.
 It is provided in Section 167(2) of the CrPC where it is not possible for the police to complete an
investigation in 24 hours, the police produce the suspect in court and seek orders for either police
or judicial custody.
 The right should be claimed by the person in custody. This right only comes into place after the
stipulated time limit for investigation has expired.
 If the charge sheet is not filed within the stipulated period, but there is no application for bail
under Section 167(2), there is no automatic bail.
 Supreme Court: Default bail is a fundamental right as it is a procedure established by law under
Article 21 of the Constitution.
4. Interim Bail: It is a bail which is granted for a temporary and short period by the Court till the
application seeking Anticipatory Bail or Regular Bail is pending before a Court.
5. Anticipatory Bail
 A direction issued to release a person on Bail even before the person is arrested.
 In this situation, there is apprehension of arrest and the person is not arrested before the Bail is
granted.
 For such Bail, a person can file an application under Sec. 438 of the Code of Criminal Procedure
(CrPC).
 It is issued only by the Sessions Court and High Court.
6. Section 144 of CrPC

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 It generally prohibits public gathering. It authorizes the Executive Magistrate of any state or
territory to issue an order to prohibit the assembly of four or more people in an area.
 Section 144 can be used to restrict even a single individual from a certain act or behavior that
may lead to a breach of peace or public order. It is not limited to groups of individuals.
 No order passed under Section 144 can remain in force for more than two months from the date
of the order.
 The state government can extend the order for up to six months, but not more than one year, if it
considers it necessary for preventing danger to human life, health, or safety, or for preventing a
riot or any affray.
 Section 144 vs Curfew
o Section 144 is generally prohibitory in nature -> restricts from public gathering, but doesn't
bar it all together.
o A curfew, on the other hand, orders people to stay indoors for a specific period of time. So,
the authorities can impose curfew for certain period of time. One needs a prior approval from
the local police for moving out during curfew.
7. Bail, Parole and Probation
8. Ethics committee in Parliament

 The genesis of formation of the Ethics Committee in Parliament can be traced to a resolution
adopted at the Presiding Officers Conference held in New Delhi in October, 1996. In the year
2000, Ad hoc Ethics Committee established in Lok Sabha. In 2015, ethics Committee becomes a
permanent part of Lok Sabha.
 Composition- It consists of not more than fifteen members and nominated by the Speaker.
 Term of members- They shall hold office for a term not exceeding one year.
 It can also initiate suo motu investigation into matters related to unethical conduct of a member
and make recommendations, as it may deem fit.
9. Regional benches of Supreme court
 Article 130 -> Supreme Court shall sit in Delhi or in such other place or places as the Chief
Justice of India may, with the approval of the President, from time to time, appoint.

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 The tenth Law Commission in its 95th Report for splitting the Supreme Court into two, namely:
Constitutional Court in Delhi and Court of appeal or Federal Court sitting in North, South, East,
West and Central India.
 Further, the Eighteenth Law Commission in its 229th Report also suggested that a Constitutional
Bench be set up at Delhi and four Cassation Benches be set up in the Northern region at Delhi,
the Southern region at Chennai/Hyderabad, the Eastern region at Kolkata and the Western region
at Mumbai.
10. Delimitation commission
 Article 82 mandates the Parliament to enact a Delimitation Act and constitute Delimitation
commission after every Census.
 Article 170 provides for the division of territorial constituencies of states by the Delimitation
Commission after every Census.
 Delimitation Act mandates that the Delimitation Commission‘s orders are final and cannot be
questioned before any court as it would hold up an election indefinitely.
 When the orders of the Delimitation Commission are laid before the Lok Sabha or State
Legislative Assembly, they cannot effect any modification in the orders.
 The orders of Delimitation commission come into force on a date to be specified by the President
of India in this behalf.
 The first delimitation commission based on census 1951 was headed by Justice N Chandrasekhar
Aiyar. The third delimitation commission based on 1971 census was headed by Justice JL Kapur.
11. Procedure for raising questions in Parliament
 The procedure for raising questions is governed by Rules 32 to 54 of the ―Rules of Procedure
and Conduct of Business in Lok Sabha‖ and Directions 10 to 18 of the ―Directions by the
Speaker, Lok Sabha‖.
 In Rajya Sabha, the admissibility of questions is governed by Rules 47-50 of the Rules of
Procedure and Conduct of Business in the Council of States.
 MPs can submit up to five notices of questions (both oral and written) for a single day. Notices
exceeding this limit are considered for subsequent days within the same session.
 For asking a short notice question, a notice of less than 10 days is prescribed as the minimum
period.
 Questions that pertain to broad policy issues are not admissible due to the impracticality of
addressing complex policies within a brief answer.
12. Discussion under Rule number 193
 The Rule 193 is short duration discussion which was incorporated into Rules of Procedure and
Conduct of Business in Lok Sabha.
 It was introduced to provide opportunities to MPs to discuss matters of urgent public importance.
 Discussion under Rule 193 does not involve a formal motion before the House. Hence no
voting can take place after discussion on matters under this rule.
 The Member who gives notice may make a short statement and such of the Members as have
previously intimated to the Speaker, may be permitted to take part in the discussion. The
Member who raises the discussion has no right of reply. At the end of the discussion, the
Minister concerned gives a brief reply.
13. Parliamentary Secretaries
 The office of Parliamentary secretary was created for the first time in India in the year 1951.
Some state governments have, besides Cabinet ministers and Ministers of state, the
Parliamentary secretaries. These parliamentary secretaries who are also members of State
Legislature are appointed by Governor.

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(Revision Notes)
 The Parliamentary Secretary in the House plays the role of liaison between the ministers,
senators and other House members. They help in strengthening the contacts within the
government caucus.
 They may be held responsible for answering policy questions in the absence of a minister from
the House.
 Parliamentary secretaries are the members of the last category of the council of ministers. They
have no department under their control. They are attached to the senior ministers and assist them
in the discharge of their parliamentary duties.
 Punjab, Assam, Manipur, Mizoram, Rajasthan, Himachal Pradesh are some of the states where
the Parliament Secretaries are appointed.
14. Chief Secretary
 Appointed by Chief Minsiter; senior most position in civil service in state and UT
 He/She is the Chief advisor to Chief Minister in the State.
 No fixed tenure; Appointment committee of the cabinet approved placement of service of chief
secretary
15. Cabinet secretary
 Colonial time: Private secretary of viceroy
 Senior Most position in civil service in GOI under the direct charge of PM
 Tenure: Fixed tenure of 2 years
 According to All India Services (Death-Cum-Retirement-Benefits) Rules, 1958, the government
can give extension in service to a cabinet secretary provided the total tenure does not exceed four
years.
 As per the modified rules, the central government may give an extension in service for a further
period not exceeding three months, beyond the period of four years to a cabinet secretary.
 The cabinet secretary is the administrative head of the cabinet secretariat
 The Cabinet Secretary is also the ex-officio chairman of the civil services board, head of IAS and
the civil services under the rules of business of the government.
16. Registrar General of India
 Under Ministry of Home Affairs
 First created under Lord Mayo 1872
 Conducts census and linguistic survey of India. It gives estimates on fertility and mortality using
the Sample Registration System (SRS) 2021 census.
 Paperless process -> 3 phases: 1) house listing 2) actual population enumeration 3) revision
round.
17. Press Council of India
 First set up in 1966 by the parliament on the recommendations of the First Press
Commission under the chairmanship of Justice J.R Mudholkar.
 It is a statutory and quasi-judicial body; present council functions under the Press Council Act
1978.
 Composition: Chairman and 28 other members + The Chairman is nominated by a
committee consisting of Chairman of Rajya Sabha, the Speaker of Lok Sabha, and one
representative of the council member + The Chairman has been a retired judge of the Supreme
Court by convention + Term: 3 years.
 The council shall have the same powers throughout India as are vested in a Civil court while
trying a suit under the Code of Civil Procedure, 1908.

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(Revision Notes)
 Every inquiry held by the council shall be deemed to be a judicial proceeding under sections 193
and 228 of the Indian Penal Code.
 The decision of the council is final and cannot be challenged in any court of law.
18. Minorities in India
 The Central Government decides who gets the minority community status in India. It is done
under the National Commission for Minorities Act, 1992.
 Only those belonging to the communities notified under Section 2(c) of the 1992 law are
regarded as minority citizens.
 States generally don‘t have their separate lists of the minority communities. But there are
exceptions as seen in Maharashtra where Jews are notified as a minority community in the state.
 The central government has notified only six communities as having the minority status at the
national level. Five of them were declared minority communities in October 1993 Muslims,
Christians, Sikhs, Buddhists and Parsis. In January 2014, the Centre added Jains to the list
19. Deputy Speaker of Lok Sabha
 The election of a deputy speaker for the lower house of parliament is a constitutional
requirement that cannot be overlooked. Article 93 of the Indian constitution states that ―The
house of the People shall, as soon as may be, choose two members to be Speaker and Deputy
Speaker and, so often as the office of Speaker or Deputy Speaker becomes vacant, the House
shall choose another member.‖
 The Deputy speaker while assuming his/her office do not make and subscribe any separate oath
or affirmation.
 The Deputy speaker is entitled to a regular salary and allowance fixed by the Parliament, and
charged on the Consolidated Fund of India and they are not subjected to the annual vote of
Parliament.
 The Deputy Speaker's ruling is final and binding in the absence of the Speaker, and no appeal
can be made to the Speaker. This is to ensure smooth functioning and avoid delays. Members
must respect the ruling and follow House rules.
 The Deputy Speaker is elected by the Lok Sabha from amongst its members right after the
election of the Speaker has taken place.
 The date of election of the Deputy Speaker is fixed by the Speaker. By convention, the position
of Deputy Speaker is offered to the opposition party in India.
 The Deputy Speaker has the same power as the Speaker when presiding over the sitting of the
House
20. Secretary General of Lok Sabha
 The Secretary General of the Lok Sabha is the head of the Lok Sabha Secretariat, which is
responsible for providing administrative and procedural support to the Lok Sabha and its
committees. The secretary general is appointed by the Speaker of the Lok Sabha.
 The Secretary-General of Lok Sabha acts under authority in the name of Speaker and passes
orders in the name of Speaker.
 The Secretary General is appointed to this position for a fixed term of three years. Recently the
Secretary General of Lok Sabha Mr. Utpal Kumar Singh has been granted one year further
extension in his tenure by the Speaker of Lok Sabha.
 The post of secretary general is of the rank of the Cabinet Secretary in the Government of India,
who is the senior most civil servant to the Indian government.
21. Disqualification of member of legislative assembly (Article 191): A person shall be disqualified
for the State Legislature if:

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(Revision Notes)
 A person holds any office of profit under the GOI or the Government of any State specified in
the First Schedule unless the office is exempted by State Legislature by law.
 A person is declared to be of unsound mind; undischarged insolvent
 Voluntarily acquired the citizenship of a foreign State, or he owes allegiance or adherence to a
foreign State.
 A person is disqualified by or under any law made by Parliament.
 A person can be disqualified on grounds of defection under the Tenth Schedule of the
Constitution. This includes changing party affiliation before or after an election.
22. Suspension of members of Parliament
 Rules 374 and 374A of the Rules of Procedure and Conduct of Business in Lok Sabha-> deals
with withdrawal of a member whose conduct is ―grossly disorderly‖ and suspension of one who
abuses the rules of the House or willfully obstructs its business.
 Maximum suspension -> 5 consecutive sittings or the remainder of the session, whichever is less.
 The maximum suspension for Rajya Sabha under Rules 255 and 256 also does not exceed the
remainder of the session.
23. Exit polls
 It is conducted immediately after people have voted, and assesses the support for political parties
and their candidates.
 The Election Commission is responsible for regulating the use of exit polls.
 In multi-phase elections it is prohibited to conduct exit polls from the first phase till the last
phase of elections.
 Section 126A of the Representation of the People Act, 1951 -> It prohibits conduct of Exit poll
and dissemination of their results by means of print or electronic media during the period
mentioned therein, i.e. between the hour fixed for commencement of poll in the first phase and
half an hour after the time fixed for close of poll for the last phase in all the States.
24. Panchayat Development Index
 It is a multi-domain and multi-sectoral index intended to be used to assess the overall
performance of panchayats.
 Launched by Ministry of Panchayati Raj
 It takes into account various socio-economic indicators and parameters to gauge the well-being
and development status of the local communities within a panchayat.
 Under this the Local Indicators Framework on nine themes of Localization of Sustainable
Development Goals was prepared.
 It ranks panchayats on the basis of scores, and categorises them into four grades.
25. Mercy petitions
 Article 72: The President shall have the power to grant pardons, reprieves, respites or remissions
of punishment or to suspend, remit or commute sentence of any person convicted:
o In all cases where the punishment or sentence is by a Court Martial.
o In all cases where the punishment or sentence is for an offence against any law relating to a
matter to which the executive power of the Union extends.
o In all cases where the sentence is a sentence of death.
 Either the convict in person or his relative on his behalf may submit a written petition to the
President.
 A convict under the sentence of death is allowed to make the petition within a period of seven
days after the date on which the Superintendent of jail informs him about the dismissal of the
appeal or special leave to appeal by the Supreme Court.

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(Revision Notes)
 It is then forwarded to the Ministry of Home Affairs for their comments and recommendations.
 The Home Ministry in consultation with the concerned State Government, recommended to the
President for his decision.
 There is no time limit given for Mercy Plea and it has no binding effect on the President to
accept all the Mercy Petitions.
26. Curative petition
 It is the last resort to the highest court that can be petitioned for redressal of grievances in court,
and its ruling is final.
 Objective: To ensure there is no miscarriage of justice and to prevent abuse of process.
 The concept of curative petition originated from the case of Rupa Ashok Hurra Vs. Ashok Hurra.
 Article 137 broadly supports the idea of a curative petition -> It states that the "Supreme Court
has the power to review any judgment pronounced by it if the matter concerns the laws and rules
made under Article 145.
 It can be entertained if the petitioner establishes there was a violation of the principles of natural
justice and that he was not heard by the court before passing an order. It will also be admitted
where a judge fails to disclose facts that raise the apprehension of bias.
 It must be accompanied by certification by a senior advocate, pointing out substantial grounds
for entertaining it.
27. Plea Bargaining
 Introduced in 2006 as part of a set of amendments to the CrPC as Chapter XXI-A, containing
Sections 265A to 265L.
 It refers to a person charged with a criminal offence negotiating with the prosecution for a lesser
punishment than what is provided in law by pleading guilty to a less serious offence.
 It primarily involves pre-trial negotiations between the accused and the prosecutor. It may
involve bargaining on the charge or in the quantum of sentence.
 In India, a plea-bargaining process can be initiated only by the accused.
28. Model code of conduct
 It is a set of guidelines issued by the ECI to regulate political parties and candidates prior to
elections.
 It comes into operation from the date on which the election schedule is announced until the date
of the result announcement.
 Its origin can be traced to assembly elections of Kerala in 1960, subsequently in Lok Sabha
elections in 1962.
 MCC does not have any statutory backing, however, certain provisions of the MCC may be
enforced through invoking corresponding provisions in other statutes such as the IPC 1860,
CrPC 1973, and RPA 1951.
29. Sealed Cover Jurisprudence
 It refers to the practice of presenting confidential information to a court or tribunal in a sealed
envelope or cover, to be opened and reviewed only by the judge or judges in charge of the case.
 The SC derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules 2013
and Section 123 of the Indian Evidence Act of 1872.
 The Court can ask for information in a sealed cover in broadly two circumstances:
o When information is connected to an ongoing investigation,
o When it involves personal or confidential information whose disclosure may result in
violation of an individual‘s privacy or breach of trust.
30. Law Commission

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 It is neither a statutory nor a constitutional organization.

 It was established by a notification from the Ministry of Law & Justice, Department of Legal
Affairs, of the Government of India.
 In 1955, the first law commission in India was established, with M. C. Setalvad, the country's
attorney general at the time, serving as its Chairman.
 Members: It consists of judicial and legal professionals. It has a chairperson and additional
members. Ex-officio members include the Law Secretary and the Secretary (Legislative) for the
Law Ministry.
31. Postal ballot
 Postal ballots serve as a voting option for service voters, absentee voters (such as those above 80
years, individuals with benchmark disabilities, or those affected by Covid-19), voters on election
duty, and electors under preventive detention.
 The time limit for dispatching the Postal Ballots to the service Electors, after these are printed is
48 Hours.
 The colour of Postal Ballots in the Election to the Legislative Assembly is Pink.
32. Electronically Transmitted Postal Ballot System (ETPBS)
 It involves the NRI voter sending an application to the returning officer in person or online.
 The returning officer will send the ballot electronically.
 The voter can then register their mandate on the ballot printout and send it back with an attested
declaration.
 The voter will either send the ballot by ordinary post or drop it at an Indian Embassy where it
would be segregated and posted.
33. Telecom Regulatory Authority of India
 Established with effect from 20th February 1997 by Telecom Regulatory Authority of India Act,
1997.
 Composition: Chairperson and not more than two whole-time Members and not more than two
part-time Members.
 Functions: Regulate telecom services, including fixation/revision of tariffs for telecom services
which were earlier vested in the Central Government.
 The recommendations of the TRAI are not binding upon the Central Government.
 The TRAI Act was amended by an ordinance, effective from 24 January 2000, establishing a
Telecommunications Dispute Settlement and Appellate Tribunal (TDSAT) to take over the
adjudicatory and disputes functions from TRAI.
34. Special Category Status
 It is a classification given by the Centre to assist development of states that face geographical
and socio-economic disadvantages.
 It was based on the recommendations of the Fifth Finance Commission in 1969.
 The 14th Finance Commission has done away with the 'special category status' for states, except
for the Northeastern and three hill states.
 Parameters: Hilly Terrain; Low Population Density and/or Sizeable Share of Tribal Population;
Strategic Location along Borders with Neighbouring Countries; Economic and Infrastructure
Backwardness; and Nonviable Nature of State finances.
 Currently 11 states have been accorded the special category state status.
 Benefits
o The Centre pays 90% of the funds required in a centrally-sponsored scheme to special
category status states

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o The unspent money in a financial year does not lapse and is carried forward.
o Concessions are provided to these states in excise and customs duties, income tax and
corporate tax.
o 30% of the Centre‘s Gross Budget goes to Special Category states.
35. Preventive Detention
 Under Section 151 of the CrPC, preventive detention is police action taken on grounds of
suspicion that some wrong actions may be done by the person concerned.
 A police officer can arrest an individual without orders from a Magistrate and without any
warrant if he gets any information that such an individual can commit any offense.
 Under Entry 9 of List I (Union List), Constitution provides the Parliament with the exclusive
power to enact a law for preventive detention for the reasons connected with defence, foreign
affairs, or security of India.
 The clause (4) of the Article 22 states that no individual can be detained for more than 3 months
unless a bench of High Court judges or an Advisory Board decides to extend date.
36. Armed Force Tribunal
 Established in August 2009 by the Armed Forces Tribunal Act 2007.
 It is a military tribunal with the power of adjudication or trial of disputes and complaints related
to commission, appointments, enrolments and conditions of service.
 Composition
o The Tribunal is composed of Judicial Members as well as Administrative Members.
o The Judicial Members are retired High Court Judges.
o Administrative Members are retired Members of the Armed Forces who have held rank of
Major General/ equivalent or above for a period of three years or more; or
o Judge Advocate General(JAG) who have experience in the post for at least one year.
 Powers
o The Tribunal is empowered to adjudicate appeals against any order, decision, finding or
sentence passed by a court-martial or any related matter.
o It is also empowered to grant bail to an accused who is in military custody.
o The Tribunal may have the powers to substitute for the findings of the court martial. It may:
remit the whole or any part of the sentence, with or without conditions; mitigate the
punishment awarded; commute such punishment to any lesser punishment or enhance the
sentence awarded by a court martial.
o Armed Forces Tribunal has both Original and Appellate Jurisdiction
37. Women Reservation Act
 The 81st Amendment Bill introduced introduced by United Front Government in 1996 is the first
attempt which sought to reserve one-third of seats for women in Parliament and state
legislatures.
 The 106th amendment act, 2023, reserves one-third of all seats for women in Lok Sabha, State
legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi,
including those reserved for SCs and STs.
 The reservation will be effective after the publication of the census conducted following the
Act‘s commencement.
 The reservation is for a 15-year period, which can be extended by the Parliament.
 The rotation of seats allocated for women will be governed by parliamentary legislation after
each delimitation process.
38. Sub-categorization of OBCs

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(Revision Notes)
 First Backward Class Commission report of 1955 had proposed sub-categorization of OBCs into
backward and extremely backward communities.
 Mandal Commission report of 1979: L R Naik proposed subcategorization in intermediate and
depressed backward classes.
 In 2015, the NCBC had proposed that OBCs be divided into the following three categories:
o Extremely Backward Classes (EBC-Group A) facing social, educational and economic
backwardness even within the OBCs, consisting of aboriginal tribes, nomadic and semi-
nomadic tribes who have been carrying on with their traditional occupations;
o More Backward Classes (MBC-Group B) consisting of vocational groups carrying on with
their traditional occupations; and
o Backward Classes (BC-Group C) comprising of those comparatively more forward.
39. Aspirational Districts programme
 Launched in 2018 to transform districts that have shown relatively lesser progress in key social
areas.
 Ranking based on incremental progress made across 49 KPIs under 5 broad socio-economic
themes - Health & Nutrition (30%) + Education (30%) + Agriculture & Water Resources (20%)
+ Financial Inclusion & Skill Development (10%) + Infrastructure (10%).
40. Consolidated Sinking Fund (CSF)
o Set up in 1999-2000 by the RBI to meet redemption of market loans of the States.
o It is a reserve fund created by states for amortization of their debt obligations.
o State Governments maintain the Consolidated Sinking Fund (CSF) with RBI as buffers for
repayment of their liabilities.
o a state government could contribute 1-3% of their annual outstanding debt liabilities to the fund
to create a buffer for repayment of their future liabilities.
o 12th Finance Commission (2005-10) : all States should have sinking funds for amortisation of
all loans, including loans from banks, liabilities on account of NSSF (National Small Saving
Fund), etc.
o Maintained outside consolidated fund of the States in the public account and is not to be used for
any other purpose, except for the redemption of loans.
41. Right to Recall
 Haryana Assembly passed Haryana Panchayati Raj (Second Amendment) Bill, 2020 providing
the right to recall members of PRIs.
 It is a process whereby the electorate has the power to remove elected officials before the expiry
of their term; instrument of direct democracy
 To recall, 50% members of a ward or gram sabha have to give in writing that they want to
initiate proceedings.
42. Representation of People Act (1951) provisions in news
 Section 33(7): One candidate can contest from a maximum of two constituencies.
 Section 123: Defines ‗corrupt practices‘ to include bribery, undue influence, false information,
and promotion or attempted promotion of ―feelings of enmity or hatred between different classes
of the citizens of India on grounds of religion, race, caste, community, or language‖ by a
candidate for the furtherance of his prospects in the election.
o Section 123 (2) deals with ‗undue influence‘ which it defines as ―any direct or indirect
interference or attempt to interfere on the part of the candidate or his agent, or of any other
person, with the consent of the candidate or his election agent, with the free exercise of any
electoral right.‖

POLITY & GOVERNANCE

(Revision Notes)
o Section 123 (4) extends the ambit of ―corrupt practices‖ to the intentional publication of false
statements which can prejudice the outcome of the candidate‘s election.
 Section 8 provides the grounds on which a person is disqualified from contesting elections in
case he/she has been convicted for the following offences. A person sentenced for two or more
years of imprisonment is disqualified from the date of conviction till six years after the release.
 Section 62(5): It mandates that ―no person shall vote at any election if he is confined in a prison,
whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful
custody of the police‖ and in the proviso of this section which states that the right to vote should
not be deprived to the person who is in custody for preventive detention and he must have the
right to cast his vote.
 Section 77: Each candidate must keep a separate and correct account of all expenditure incurred
between the date they were nominated and the date the result is declared.
 Section 10A: An incorrect account or expenditure in excess of the cap can result in the
candidate's disqualification by the ECI for to three years.
43. Electoral Bond scheme
44. Association of World Election Bodies (A-WEB)

POLITY & GOVERNANCE

(Revision Notes)
 It is the largest association of Election Management Bodies (EMBs) worldwide established on

October 14, 2013 in South Korea.
 Permanent secretariat located in Seoul, South Korea.
 Aim: To foster efficiency and effectiveness in conducting free, fair, transparent and participative
elections worldwide.
 Composition: 115 EMBs as Members & 16 Regional Associations/Organisations as Associate
Members.
45. Cognizable Vs Non-cognizable offences
46. IPC and CrPC
47. Salient Features of Aadhaar card

 It is a 12-digit random number issued by the Unique Identification Authority of India (UIDAI) to
the residents of India.
 Any individual, irrespective of age and gender, who is a resident of India, may voluntarily enroll
to obtain an Aadhaar number.
 Person should provide minimal demographic and biometric information during the enrolment
process which is totally free of cost.

POLITY & GOVERNANCE

(Revision Notes)
 An individual need to enroll for Aadhaar only once and after de-duplication only one Aadhaar
shall be generated.
 Aadhaar metadata cannot be retained beyond six months.
 Private bodies like telecom companies, e-commerce firms cannot ask for biometric and other
data from consumers for their services.
 IRDAI has advised insurers not to mandatorily seek Aadhaar and PAN/Form 60 from customers,
existing or new, for KYC (Know Your Customer) purpose.
 Aadhaar will be sought for all transactions for an amount INR 50,000 or above.
 Note: Aadhaar card is not a proof of citizenship or domicile (Calcutta HC judgement).
48. Overseas Citizen of India (OCI)
 OCIs are of Indian origin but hold foreign passports.
 registered under section 7A of Citizenship Act, 1955.
 Benefits: Multiple entry lifelong visa for visiting India for any purpose + Exemption from
registration for any length of stay in India + Inter-country adoption of Indian children + Parity
with the Indian nationals for airfare tariffs for domestic travel and entry fees to any national
parks, museums, etc.
 Parity with NRIs in-
o Financial, economic and educational fields except in the acquisition of agricultural, farm
house or plantation properties.
o allowed to inherit agricultural or plantation properties from any person resident in India.
 An OCI for 5 years and who is ordinarily resident in India for 12 months before making an
application for registration is eligible for citizenship.
49. Enforcement Directorate
 It is a law enforcement and economic intelligence agency responsible for enforcing economic
laws and fighting economic crime in India.
 Formed to handle Exchange Control Law violations under the Foreign Exchange Regulation
Act,1947.
 administered by the Department of Revenue under the Ministry of Finance.
 It enforces Foreign Exchange Management Act,1999 (FEMA) and Prevention of Money
Laundering Act, 2002 (PMLA).
50. Important Doctrines
 Doctrine of Severability: The court has the authority to declare the challenged law
unconstitutional in its entirety or in part, as the case may be.
 Doctrine of Progressive interpretation: Implies that the courts have construed the
Constitution's provisions in light of the social, economic, and legal circumstances that existed at
the time.
 Doctrine of Prospective Overruling: Judicial invalidation or a new interpretation of the law
will have no effect on previous transactions or vested rights, but will only apply to future
transactions.
 Doctrine of eminent domain: It means the supreme power of the king or the government under
which property of any individual can be taken over in the concern of the general public.
 Doctrine of adverse possession: The state cannot trespass into the private property of a citizen
and then claim ownership of the land in the name of 'adverse possession‘ + In India, a person
who is not the original owner of a property becomes the owner because he has been in
possession of the property for a minimum of 12-years, within which the real owner did not seek
legal recourse to oust him.

POLITY & GOVERNANCE

(Revision Notes)
 Doctrine of Eclipse: The Doctrine of Eclipse asserts that a law inconsistent with fundamental
rights is not deemed invalid but is overshadowed by the fundamental right. Constitutional
amendment can remove the inconsistency, eliminating the eclipse and rendering the entire law
valid. The doctrine of eclipse exclusively applies to laws enacted before the Constitution came
into force, known as pre-constitutional laws. Any law created after the Constitution, if it violates
a fundamental right, is deemed null and void from its inception.
 Doctrine of reasonable classification: This doctrine asserts that for a classification made by the
law to be reasonable under Article 14, there must be a rational nexus between the classification
and the objective of the law. Additionally, there should exist an intelligible differentia - a valid
and understandable distinction - between the groups that are classified differently by the law.
 The principle of reasonable classification allows for differentiation based on rational reasons,
thus not advocating for absolute equality in all aspects.
 The doctrine of 'reasonable classification' opposes subjective discrimination. It stands for
objective and rational classification based on reasonable criteria, not subjective or arbitrary
discrimination.
51. Right to Property
 It is a legal right available to any person.
 Article 300-A provides that no person shall be deprived of his property save by authority of law.
 Originally a Fundamental Right in the original constitution under Article 31.
 44th Amendment Act, 1978 deleted the right to property from the Fundamental Rights.
52. GST Council
 It is a joint forum of the Centre and the states set up by the President as per Article 279A (1) of
the amended Constitution.
 Members include the Union Finance Minister (chairperson), the Union Minister of State
(Finance) from the Centre.
 Each state can nominate a minister in-charge of finance or taxation or any other minister as a
member.
 Make recommendations to the Union and the states on important issues related to GST, like the
goods and services that may be subjected or exempted from GST, model GST Laws.
 It also decides on various rate slabs of GST.
53. National Investigation Agency (NIA)
 It is a central counter-terrorism agency under the Ministry of Home Affairs.
 The organization deals with terror related crimes across states without special permission from
the states.
 It is a statutory body.
 It is a central agency to investigate and prosecute offences:
o Affecting the sovereignty, security and integrity of India, security of State, friendly relations
with foreign States.
o Against atomic and nuclear facilities.
o Smuggling in High-Quality Counterfeit Indian Currency.
o It implements international treaties, agreements, conventions and resolutions of the United
Nations, its agencies and other international organisations.
o Its objective is also to combat terror in India. It acts as the Central Counter-Terrorism Law
Enforcement Agency.
o Headquarters: New Delhi.
54. Right to marry

POLITY & GOVERNANCE

(Revision Notes)
 The Supreme Court recently in Supriyo Chakraborty v Union of India held that there is no
fundamental right to marry.
 Though the bench differed on multiple issues, it was a unanimous decision to not read the right
to marry as a fundamental right for all persons, heterosexual or non-heterosexual.
 The right to marry is not expressly recognized either as a fundamental or constitutional right
under the Indian Constitution but a statutory right.
55. Right to be Forgotten
 The right to be forgotten means that individuals have a right under certain circumstances to force
search engines to remove information about them from the past.
 The Right to be Forgotten encompasses the authority to remove a court order as well. In the 2021
Jorawer Singh Mundy case, the Delhi High Court emphasized that when a request to take down a
court order is made, the court must carefully assess the petitioner's right to privacy against the
public's right to information and the need for transparency in judicial records.
 The right to be forgotten and the right to be left alone are deemed "inherent aspects" of the right
to privacy, according to a 2019 Delhi High Court judgment.
 The 'right to be forgotten' specifically entails the right to have personal information removed
from public domains, including the internet, searches, databases, websites, or any other public
platforms, when such information is no longer necessary or relevant.
56. One Nation One Election: Recently, the Centre set up a committee to examine various aspects,
both legal and logistical, for implementing the ―one nation, one election‖ idea. The provision of One
Nation One Election will need changes to the following:
 Article 83 (2): It says the Lok Sabha's term should not exceed five years but it may be dissolved
sooner.
 Article 85 (2) (B): A dissolution ends the very life of the existing House and a new House is
constituted after general elections.
 Article 172 (1): A state assembly, unless sooner dissolved, shall continue for five years
 Article 174 (2) (B) - The Governor has the power to dissolve the assembly on the aid and advice
of the cabinet. The Governor can apply his mind when the advice comes from a Chief Minister
whose majority is in doubt.
 Article 356 - Imposition of President's Rule in states.
 These provisions require amendment by Special Majority of Parliament and Consent of States.
57. Appointments committee of Cabinet
 The Appointments Committee of the Cabinet appoints several top posts within the Government
of India.
 The committee is composed of the Prime Minister of India and the Minister of Home Affairs.
 The Establishment Officer's Division (EO Division) processes all proposals for senior
appointments in the Government of India that require the approval of the Appointments
Committee of the Cabinet under the Government of India Transactions of Business Rules, 1961.
 The committee makes appointments to posts of:
o Chief of Defence Staff
o Chief Election Commissioner (CEC) (this committee consists of the Prime Minister, the
Chief Justice of India and the Leader of Opposition in the Lok Sabha or the Leader of the
largest such faction)
o Chiefs of all Army, Naval and Air Force Commands
o Director, Central Bureau of Investigation (this committee consists of the Prime Minister, the
Chief Justice of India, and the Leader of the Opposition in Lok Sabha)
o Solicitor General of India

POLITY & GOVERNANCE

(Revision Notes)
o Governor of the Reserve Bank of India

o Deputy Governor of the Reserve Bank of India
o Chairperson and Members of the Railway Board
o Chief Vigilance Officers and directors of the board in Public Sector Undertakings.
o Secretariat posts of and above the rank of Joint secretary to the Government of India.
o Chief of Securities and Exchange Board of India.
58. Colourable legislation
 It refers to the practice of enacting laws that, on the surface, seem to fall within the legislative
competence of the enacting body but are, in reality, aimed at encroaching upon subjects outside
its jurisdiction.
 It involves disguising the real purpose of legislation to give the impression of staying within the
legal boundaries while actually dealing with matters beyond its authority.
 This concept aims to prevent circumvention of constitutional limits and ensure that legislative
powers are exercised within their intended scope.
59. National commission for Safai Karmacharis
 It was constituted in 1994 as a statutory body for a three-year period under the NCSK ACT,
1993. It continued till February 2004, when the relevant Act expired.
 After that the tenure of the NCSK has been extended as a non-statutory body from time to time
through resolutions.
 The commission studies and evaluates the existing welfare programmes for Safai Karamcharis,
investigates cases of specific grievances etc.
 As per the provisions of Prohibition of Employment as Manual Scavengers and their
Rehabilitation Act, 2013, the NCSK has been assigned the work to monitor the implementation
of the Act, tender advice for its effective implementation to the Center and State Governments
and enquire into complaints regarding contravention/non-implementation of the provisions of the
Act.
60. Prisons
 As per the Constitution, ‗prisons‘/ ‗persons detained therein‘ is a 'State' subject.
 The responsibility of prison management and prisoners‘ administration solely vests with State
Governments who alone are competent to make appropriate legislative provisions in this regard.
 However, given the critical role that efficient prison management plays in the criminal justice
system, the GOI attaches high degree of importance to supporting the States/UTs in this regard.
 Prisons Act 1894: It mainly focuses on keeping the criminals in custody and enforcement of
discipline and order in prisons + There is no provision for reform and rehabilitation of prisoners
in the Act.
 Model Prison Act 2023: Salient Features
o Provision for security assessment and segregation of prisoners, individual sentence planning.
o Grievance redressal, prison development board, attitudinal change towards prisoners.
o Provision of separate accommodation for women prisoners, transgender, etc.
o Provision for use of technology in prison administration with a view to bring transparency in
prison administration.
o Provision for video conferencing with courts, scientific and technological interventions in
prisons, etc.
o Provision of punishment for prisoners and jail staff for use of prohibited items like mobile
phones etc. in jails.
o Provision regarding establishment and management of high security jail, open jail (open and
semi open), etc.

POLITY & GOVERNANCE

(Revision Notes)
o Provision for protecting the society from the criminal activities of hardened criminals and
habitual offenders, etc.
o Provision for legal aid to prisoners, provision of parole, furlough and premature release etc.
to incentivize good conduct.
o Focus on vocational training and skill development of prisoners and their reintegration into
the society.
61. Competition commission of India
 It is a statutory body established in March 2009 under the Competition Act, 2002.
 It is headquartered at New Delhi
 Goal: To create and sustain fair competition in the economy that will provide a ‗level playing
field‘ to the producers and make the markets work for the welfare of consumers.
 It aims to eliminate practices having adverse effects on competition, promote and sustain
competition, protect the interests of consumers, and ensure freedom of trade in the markets of
India.
 It is a quasi-judicial body, with one chairperson and six additional members. All members of the
CCI are appointed by the Central Government.
62. MP Local Area Development Scheme (MPLADS)
 It is a Central Sector Scheme launched in 1993 to provide funds to MPs to facilitate
developmental works in their constituencies.
 The Ministry of Statistics and Programme Implementation has been responsible for the policy
formulation and release of funds.
 Under the scheme, each MP has the choice to suggest to the District Collector for works to the
tune of Rs.5 Crores per annum to be taken up in his/her constituency.
 The Rajya Sabha Members of Parliament can recommend works in one or more districts in the
State from where he/she has been elected.
 The nominated members of both the houses can recommend works anywhere in the country.
 MPs are to recommend works costing at least 15% of the annual MPLADS entitlement for areas
inhabited by SC populations and 7.5% for areas with ST populations.
 The role of an MP is limited to the recommendation of a project. The onus is on the district
authority to sanction, execute and complete the recommended project within a particular
timeframe.
 2016 Guidelines: Funds released to district authorities under the MPLAD scheme were not
lapsable + The interest accrued on funds released to the district authority could be used for
permissible works recommended by the concerned MP + MPs will no longer be able to use
interest accumulated on MPLADS funds for development works.
63. Sansad Ratna Awards
 Instituted in 2010, inspired by the teachings of former President APJ Abdul Kalam, who
launched the first edition of the Award function in Chennai.
 The jury committee comprises ―eminent Parliamentarians and (members of) civil society‖.
 Factors that the decision is based on include questions asked, private members‘ Bills introduced,
debates initiated, attendance, funds utilised, etc.
 Performance data of members sourced from information provided by PRS Legislative Research.

POLITY & GOVERNANCE

(Revision Notes)
CHAPTER: MAJOR CONSTITUTIONAL AMENDMENTS

Constitutional amendment Significance
st
1 Amendment act, 1951  It empowers the states to make socio-
economic justice with socially and
economically backward classes.
 It was aimed at land reforms and
Zamindari abolition.
 Added the ninth schedule to protect
anti-zamindari laws from judicial
review.
 Added public order, friendly relations
with foreign states, and incitement to
an offense as the additional grounds
for reasonable restrictions on the
freedom of speech and expression. It
also made it justiciable.
th
4 Amendment Act, 1955  Empowered state to nationalize any
trade.
 Provided that the compensation
amount given by the state for the
acquisition of property, cannot be
challenged in court on the grounds of
insufficiency.
 Added more laws in the ninth
schedule and expanded the scope of
article 31 (C).
th
7 Amendment Act, 1956  Reorganized the Indian states as 14
states and 6 UTs. Abolished the old A,
B, C, and D categorization of states.
 Provided the common high court for
two or more states, and extended the
jurisdiction of HC to UTs. Also
provided additional acting judges to
HC
th
9 Amendment Act, 1960  Provided for the cession of the Indian
territory named Berubari Union ( West
Bengal) to Pakistan as a commitment
made under the Indo-Pakistan
Agreement (1958).
th
11 Amendment Act, 1961  Provided the new procedure of
election for the vice president by
introducing an electoral college.
th
24 Amendment Act, 1971  It made it clear that the parliament has
the power to amend any part of the
constitution including article 13 by
using article 368.
 Made it obligatory for the President to

POLITY & GOVERNANCE

(Revision Notes)
give assent to a Constitutional

Amendment Bill.
38th Amendment Act, 1975  Provided that the declaration of
emergency by the President cannot be
challenged in a court of law.
 Provided that the promulgation of
ordinances by the President,
governors, and administrators of
Union territories cannot be challenged
in a court of law.
 Provided that the President could
declare different proclamations of
national emergency on different
grounds simultaneously.
42nd Amendment act, 1976  It is also known as the ‗Mini-
constitution‘, as it made very
comprehensive changes to the
constitution of India.
 It amended the preamble and added
the words - socialist, secular, and
integrity.
 Added Fundamental Duties for the
citizens by including new Part IV A.
 Exclusively made cabinet advice
binding on the president.
 By adding Part XIV A, it provided for
administrative tribunals and tribunals
for other matters
 It froze the seats for the Lok Sabha
and state legislative assemblies census
till 2001, on the basis of 1971.
 Restricted the judicial review for the
constitutional amendment act.
 Limited the power of judicial review
and writ jurisdiction of the Supreme
Court and high courts.
44th Amendment act, 1978  Changed the term of the Lok Sabha
and the state legislative assemblies
again to the original 5 years.
 Provided the president can send back
the advice of the cabinet for
reconsideration.
 Changed the phrase ―internal
disturbance‖ with ―armed rebellion‖
as a ground to proclaim a national
emergency.
 Removed the right to property from

POLITY & GOVERNANCE

(Revision Notes)
the list of Fundamental Rights and

provided it only as a legal right.
 Provided that fundamental rights
under articles 20-21 cannot be
suspended during a national
emergency.
52nd Amendment act, 1985  Disqualification of Members of

Parliament and state legislatures on
ground of defection from one political
party to another.
61st Amendment Act, 1989  The legal voting age changed from 21
to 18 years for Lok Sabha as well as
Legislative Assemblies.
69th Amendment Act 1991  It provided a special status to Delhi as
the ‗National Capital Territory of
Delhi.‘ Provided a legislative
assembly and the council of ministers
for Delhi.
73rd Amendment Act 1992  Constitutional status for the
Panchayati Raj institutions.
 Added Part-IX and 11th Schedule
th
74 Amendment Act 1992  Provided constitutional status for the
Urban local bodies.
 Part IX-A and the 12th Schedule were
added.
86th Amendment act, 2002  Provided the Right to Education as a
fundamental right (part III of the
Constitution).
 The new article inserted Article 21A
which made free and compulsory
education for children between 6-14
years.
 Added a new Fundamental Duty under
Article 51 A.
95th Amendment Act 2009  Provided for the extended reservation

for the SCs and STs and special
representation to the Anglo-Indian
community in the Lok Sabha and the
state legislative assemblies for ten
more years (Article 334).
97th Amendment Act 2011  Part IX-B - Cooperative societies and
made it a constitutional right.
 Right to form cooperative societies
became a fundamental right under
Article 19.

POLITY & GOVERNANCE

(Revision Notes)
 Article 43-B was inserted as a DPSP

to promote cooperative societies.
99th Amendment act, 2014  It established the National Judicial
Commission Act (NJAC) in 2014 to
replace the collegium system for
appointing judges.
 Supreme court struck down 99th
amendment ruling that it impinges
upon the principles of ―independence
of the judiciary‖, as well as,
―separation of powers‖.
101st Amendment Act, 2016  Provided for Goods and Service Tax
(GST).
102nd Amendment Act, 2018  NCBC became a constitutional body
103rd Amendment Act, 2019  Granted 10% Reservation for
Economically Weaker Sections of
citizens of classes other than the
classes mentioned in clauses (4) and
(5) of Article 15
104th Amendment Act, 2020  Changed the reservation of seats for
SCs and STs in the Lok Sabha and
state assemblies from Seventy years to
Eighty.
 Ended the reservation of seats for the
Anglo-Indian community in the Lok
Sabha and state assemblies.
7.

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CHAPTER 1: BASICS OF POLITY AND CONSTITUTION

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12. Concept of Government

13. Forms of Government

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These are contained in the constitution Contained outside the constitution

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Sikhs) in proportion to their population.

Total 389 296 210 - General

4. Jawaharlal Nehru on Constituent assembly

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15. Fundamental Rights in the Indian Constitution

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19. Doctrine of Separation of Powers:

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 However, Independence of the judiciary does not imply arbitrariness or absence of

26. Idea of Constitutionalism

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31. Right to Vote and to be Elected- Constitutional rights

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CHAPTER 2: HISTORICAL UNDERPINNINGS & EVOLUTION OF INDIAN

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 It established an office of the High Commissioner for India in London.

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