INDIAN

POLITY
By Vidhya Tutorials

Constitution of India
For JKP-SI…

Pankaj Salaria
 INDIAN POLITY & GOVERNANCE- CONSTITUTION, POLITICAL
SYSTEM, PANCHAYATI RAJ, PUBLIC POLICY, RIGHT ISSUES ETC

TABLE OF CONTENTS
1. HISTORICAL BACKGROUND OF THE
INDIAN CONSTITUTION
2. MAKING AND SOURCES OF THE INDIAN
CONSTITUTION
3. FEATURES OF THE INDIAN
CONSTITUTION
4. UNION & IT’S TERRITORY
5. CITIZENSHIP
6. FUNDAMENTAL RIGHTS
7. DIRECTIVE PRINCIPLES OF STATE POLICY
8. FUNDAMENTAL DUTIES
9. UNION EXECUTIVE & PARLIAMENT
10. STATE EXECUTIVE AND LEGISLATURE
11. CENTRE-STATE RELATIONSHIP
12. INDIAN JUDICIARY
13. PANCHAYATI RAJ INSTITUTIONS IN INDIA
14. CONSTITUTIONAL & NON-
CONSTITUTIONAL BODIES

WESTMONT HIGH UNDERGRADUATE THESIS 2019

 HISTORICAL BACKGROUND OF
THE INDIAN CONSTITUTION
Before 1947, India was divided into two main entities – The
British India which consisted of 11 provinces and the
Princely states ruled by Indian princes under subsidiary
alliance policy. The two entities merged together to form
the Indian Union, but many of the legacy systems in British
India is followed even now. The historical underpinnings
and evolution of the India Constitution can be traced to
many regulations and acts passed before Indian
Independence.
1. The Company Rule (1773 – 1858)
2. The Crown Rule (1858 – 1947)
The British came to India in 1600 AD as traders in the form of
East India Company.
East India Company was also known as East India Trading Company
or English East India Company.
The East India Company was founded in the year 1600 for
persuading the trade with East Indies (South Asia and South
East Asia).
But the East India Company traded mainly in the Indian
subcontinent and China.
The East India Company has exclusive rights to trade in India.
In the year 1765 the East India Company obtained “Diwani”
(Rights over revenue and civil justice) of Bengal, Bihar and
Orissa.
In the year 1858 after the Sepoy mutiny, British crown assumed
direct responsibility for the governance of India.
This rule continued up to August 15, 1947. (India got
independence).

The Company Rule

(1773 – 1858)
Regulating Act of 1773 Beginning of a Central legislature for India as the act also took away
The first step was taken by the British Parliament to control and legislative powers of Bombay and Madras provinces.
regulate the affairs of the East India Company in India. The Act ended the activities of the East India Company as a
It designated the Governor of Bengal (Fort William) as the commercial body and it became a purely administrative body.
Governor-General (of Bengal).
Warren Hastings became the first Governor-General of Bengal.
Charter Act of 1853
Executive Council of the Governor-General was established (Four
The legislative and executive functions of the Governor-General’s
members). There was no separate legislative council.
Council were separated.
It subordinated the Governors of Bombay and Madras to the
6 members in Central legislative council. Four out of six members
Governor-General of Bengal.
were appointed by the provisional governments of Madras,
The Supreme Court was established at Fort William (Calcutta) as the
Bombay, Bengal and Agra.
Apex Court in 1774.
It introduced a system of open competition as the basis for the
It prohibited servants of the company from engaging in any private
recruitment of civil servants of the Company (Indian Civil Service
trade or accepting bribes from the natives.
opened for all).
Court of Directors ( the governing body of the company) should
report its revenue.

Pitt’s India Act of 1784

Distinguished between commercial and political functions of the
company.
Court of Directors for Commercial functions and Board of Control
for political affairs.
Reduced the strength of the Governor General’s council to three
members.
Placed the Indian affairs under the direct control of the British

THE REVOLT OF
Government.
The companies territories in India were called “the British
possession in India”.
Governor’s councils were established in Madras and Bombay.

Charter Act of 1813

The Company’s monopoly over Indian trade terminated; Trade with
1857
India open to all British subjects.

Charter Act of 1833

Governor-General (of Bengal) became the Governor-General of
India.
First Governor-General of India was Lord William Bentick.
This was the final step towards centralization in British India.

Indian Polity
 The Crown Rule
(1858 – 1947)
Government of India Act of 1858
The rule of Company was replaced by the rule of the Crown in India.
The powers of the British Crown were to be exercised by the
Secretary of State for India
He was assisted by the Council of India, having 15 members
He was vested with complete authority and control over the Indian
administration through the Viceroy as his agent
The Governor-General was made the Viceroy of India. Lord Canning
was the first Viceroy of India.
Abolished Board of Control and Court of Directors.
Indian Councils Act of 1861
It introduced for the first time Indian representation in the
institutions like Viceroy’s executive+legislative council (non-official).
3 Indians entered the Legislative council.
Legislative councils were established in Center and provinces.
It provided that the Viceroy’s Executive Council should have some
Indians as the non-official members while transacting the legislative
businesses.
It accorded statutory recognition to the portfolio system.
Initiated the process of decentralisation by restoring the legislative
powers to the Bombay and the Madras Provinces.
India Council Act of 1892
Introduced indirect elections (nomination).
Enlarged the size of the legislative councils.
Enlarged the functions of the Legislative Councils and gave them
the power of discussing the Budget and addressing questions to
the Executive.
Indian Councils Act of 1909
This Act is also known as the Morley- Minto Reforms.
Direct elections to legislative councils; first attempt at introducing a
representative and popular element.
It changed the name of the Central Legislative Council to the
Imperial Legislative Council.
The member of the Central Legislative Council was increased to 60
from 16.
Introduced a system of communal representation for Muslims by
accepting the concept of ‘separate electorate’.
Indians for the first time in Viceroys executive council. (Satyendra
Prasanna Sinha, as the law member)
Government of India Act of 1919
This Act is also known as the Montague-Chelmsford Reforms.
The Central subjects were demarcated and separated from those
of the Provincial subjects.
The scheme of dual governance, ‘Dyarchy’, was introduced in the
Provincial subjects.
Under the dyarchy system, the provincial subjects were divided into
two parts transferred and reserved. On reserved subjects,
Governor was not responsible to the Legislative council.
The Act introduced, for the first time, bicameralism at the center.
Legislative Assembly with 140 members and Legislative council
with 60 members.
Direct elections.
The Act also required that the three of the six members of the
Viceroy’s Executive Council (other than Commander-in-Chief) were
to be Indians.
Provided for the establishment of the Public Service Commission.
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Government of India Act of 1935
The Act provided for the establishment of an All-India Federation
consisting of the Provinces and the Princely States as units, though
the envisaged federation never came into being.
Three Lists: The Act divided the powers between the Centre and
the units into items of three lists, namely the Federal List, the
Provincial List and the Concurrent List.
The Federal List for the Centre consisted of 59 items, the Provincial
List for the provinces consisted of 54 items and the Concurrent List
for both consisted of 36 items
The residuary powers were vested with the Governor-General.
The Act abolished the Dyarchy in the Provinces and introduced
‘Provincial Autonomy’.
It provided for the adoption of Dyarchy at the Centre.
Introduced bicameralism in 6 out of 11 Provinces.
These six Provinces were Assam, Bengal, Bombay, Bihar, Madras
and the United Province.
Provided for the establishment of Federal Court.
Abolished the Council of India.
Indian Independence Act of 1947
It declared India as an Independent and Sovereign State.
Established responsible Governments at both the Centre and the
Provinces.
Designated the Viceroy India and the provincial Governors as the
Constitutional (normal heads).
It assigned dual functions (Constituent and Legislative) to the
Constituent Assembly and declared this dominion legislature as a
sovereign body.
Laws made before the Charter Act of 1833 were called
Regulations and those made after are called Acts. Lord
Warren Hastings created the office of District Collector in
1772, but judicial powers were separated from District
collector later by Cornwallis. From the powerful authorities of
unchecked executives, the Indian administration developed into
a responsible government answerable to the legislature and
people. The development of the portfolio system and budget
points to the separation of power. Lord Mayo’s resolution on
financial decentralization visualized the development of local
self-government institutions in India (1870). 1882: Lord
Ripon’s resolution was hailed as the ‘Magna Carta’ of local
selfgovernment. He is regarded as the ‘Father of local self-
government in India’. 1924: Railway Budget was separated from
the General Budget based on the Acworth Committee report
(1921). From 1773 to 1858, the British tried for the
centralization of power. It was from the 1861 Councils act they
shifted towards devolution of power with provinces. 1833
Charter act was the most important act before the act of 1909.
Till 1947, the Government of India functioned under the
provisions of the 1919 Act only. The provisions of the 1935 Act
relating to Federation and Dyarchy were never implemented. The
Executive Council provided by the 1919 Act continued to advise
the Viceroy till 1947. The modern executive (Council of
Ministers) owes its legacy to the executive council. The
Legislative Council and Assembly developed into Rajyasabha and
Loksabha after independence.
 MAKING AND SOURCES OF THE
INDIAN CONSTITUTION
The constitution of country is a basic legal document that lays down the fundamental laws of governance.
The constitution also establishes the three organs of the state namely, the judiciary, executive and the legislature.

Constitutions can be broadly classified as following:

Unitary Constitution
This type of constitution establishes a single, central organ of government without dividing powers between too separate entities.
For example, the British constitution is a unitary constitution, which recognizes only one central organ, i.e., the British parliament and the central
government.
Federal Constitution
This type of constitution is based on power sharing between two district entities namely, the federal or the union government and the state governments.
Countries with large population, geographical size, social, cultural and linguistic diversities generally adopt federal form of constitution to allow autonomy of
governance to the constituent states.
For example, the US, Indian, Canadian, Australian constitutions are federal constitutions.
Written Constitution
A written constitution is one which is subjected to systematic presentation in black & white.
Thus a written constitution has to be prepared by the body called the Constituent Assembly which is elected by the
people for whom the constitution is being written.
Unwritten Constitution
An unwritten constitution, unlike a written one, is not committed to systematic writing by a particular Constituent Assembly.
It is based on evolution of a number of customs, usages, parliamentary acts and traditions. For example, the British constitution has evolved on the basis of
all these over a period of many centuries.

Making of the Indian Constitution

The idea of a Constituent Assembly for India was put forward for the
first time by M. N. Roy, a pioneer of communist movement in India and
an advocate of radical democratism.
In 1935, the Indian National Congress (INC), for the first time, officially
demanded a Constituent Assembly to frame the Constitution of India.
In 1938, Jawaharlal Nehru, on behalf of the INC declared that ‘the
Constitution of free India must be framed, without outside interference,
by a Constituent Assembly elected on the basis of adult franchise’.
The demand was finally accepted in principle by the British Government
in what is known as the ‘August Offer’ of 1940.
In 1942, Sir Stafford Cripps, a member of the cabinet, came to India
with a draft proposal of the British Government on
the framing of an independent Constitution to be adopted after the
World War II.
The Cripps Proposals were rejected by the Muslim League which
wanted India to be divided into two autonomous
states with two separate Constituent Assemblies. Finally, a Cabinet
Mission was sent to India. While it rejected the idea of two Constituent
Assemblies, it put forth a scheme for the Constituent Assembly which
more or less satisfied the Muslim League.
1922 – Mahatma Gandhi put forward the demand that India‘s political
destiny should be determined by the Indians themselves.
May 17, 1927 – At Bombay session Motilal Nehru moved a resolution
calling up on the Congress working committee to frame a Constitution
for India.
May 19, 1928 – In all party conference a committee was set up under
the Chairmanship of Motilal Nehru to determine the principles of the
Constitution of India.
Report was submitted on August 10, 1928 and was called Nehru
Report.
This was the first attempt by Indians to frame a full-fledged Constitution
for India.
MN Roy in the year 1934 put forward the idea of Constituent Assembly
for India for the first time.
In the year 1935, the Indian National Congress for the first time officially
demanded for the Constituent Assembly.
August offer
The demand for the Constituent Assembly was for the first time and
authoritatively conceded by the British Government in the year 1940
through August Offer.
1940 – The coalition government in England recognized the principle
that the Indians should themselves frame a new Constitution.
Cripps mission-1942
Sir Stafford Cripps (Cabinet Minister) came to India with a proposal of
framing of Independent Constitution of India to be adopted after World
War II provided that the 2 major political parties INC and the Muslim
League could come to an agreement.
The Muslim League rejected the same on the demand that India to be
divided into 2 autonomous states on communal lines with 2 separate
CONSTITUENT Assembly.
Hence political parties could not come to an agreement.
Shimla Conference
After the World War II, the new labour party government came to the
power in England.
Shimla Conference was held in the year 1945 at the instance of viceroy,
Lord Wavell.
The Shimla Conference of 1945 was arranged by Lord Archibald Wavell
and the major political parties in India.
This was convened to agree up on the Wavell plan for Indian self-
Government to provide separate representation toMuslims.
Conference was failed.
Cabinet Mission plan-1946
The member of mission was Lord Pathick Lawrence, Sir Stafford Cripps
and A V Alexander.
It was sent on March 24, 1946 to India with a proposal of Constituent
Assembly.
The delegation rejected the claim for a separate Constituent Assembly
and a separate state for Muslims.

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Constituent Assembly
It was constituted in November, 1946 with 389 members in whom 296
from British India and 93 were from princely states.
Constituent Assembly members were both elected (indirectly) and
nominated.
Except Mahatma Gandhi and Mohammed Ali Jinnah all prominent
persons were members in Constituent Assembly.
The first meeting of the Constituent Assembly took place on December
9, 1946
Muslim League boycotted the meeting and insisted on separate state
Pakistan. Meeting was attended by 211 members only.
Sachchidananda Sinha (senior most) was interim President of
Constituent Assembly.
December 11, 1946 – Dr. Rajendra Prasad was elected as the President
of the Constituent Assembly.
H C Mukherjee – Vice President of the Constituent Assembly
B N Rau – Constitutional advisor
December 13, 1946 – ―Objectives Resolution‖ was moved by
Jawaharlal Nehru.
The ―Objective resolution was adopted on January 22, 1947.
Preamble was the modified version of the Objectives Resolution.
Mountbatten plan
Lord Mountbatten was sent to India as the Governor-General replacing
Lord Wavell
Lord Mountbatten came out with a plan. This plan was given a formal
shape by a statement made by British Government on June 3, 1947
On July 26, 1947 Lord Mountbatten announced the establishment of a
separate Constituent Assembly for Pakistan.
The Indian Independence bill was introduced in the British Parliament
on July 4, 1947.
The India Independence Act came into force from July 18, 1947.
The Indian Independence Act of 1947 provided that from August 15,
1947 would be set up two independent dominions India and Pakistan.
The Constituent Assembly reassembled on August 14, 1947 as the
Sovereign Constituent Assembly for the Dominion of India.
When the Constituent Assembly reassembled on October 31, 1947 the
membership was reduced to 299.
With Indian Independence Act of 1947, Constituent Assembly became
the sovereign body. India became sovereign on January 26, 1950.
The Constituent Assembly became the first parliament of free India. The
first speaker – G V Mavalankar.
Constituent Assembly adopted followings:
 National Flag on July 22, 1947.
 Constitution on November 26, 1949.
 National Anthem on January 24, 1950.
 National Song on January 24, 1950.
 Dr Rajendra Prasad was elected as the first President of
India on January 24, 1950.
 January 24, 1950 was the last session of the Constituent
Assembly.
 The Constituent Assembly continued as the provisional
Parliament of India from January 26, 1950 to till the
completion
of first ever general elections in India. (1951-52)
 There were 22 committees constituted in the Constituent
Assembly.
 The final draft was introduced in the Constituent Assembly
by Dr B R Ambedkar on November 4, 1948 (1st reading).
 The 3rd reading was completed on November 26, 1949.
 The draft Constitution was declared adopted on November 26,
1949.
 The original Constitution contained 8 schedules and 395
Articles
 Preamble was enacted after the enactment of the
Constitution. ―Preamble‖ was the last to be adopted and
enacted.
 BR Ambedkar – The Father of the Constitution of India.
 Constitution came into force on January 26, 1950. Celebrated
as the Republic day.
 it took 2 years 11 months and 18 days for the Constitution
to get complete
 The first elected Parliament (2 houses) came into being in
May, 1952.

Important Committees of the Constituent Assembly and their Chairmen

Committee on the Rules of Procedure Rajendra Prasad

Steering Committee Rajendra Prasad

Finance and Staff Committee Rajendra Prasad

Adhoc Committee on the National Flag Rajendra Prasad

Committee on the Functions of the Constituent Assembly G.V. Mavalankar

States Committee Jawaharlal Nehru

Advisory Committee on Fundamental Rights, Minorities And Tribal and Excluded Areas Sardar Vallabhbhai Patel

Drafting Committee B. R Ambedkar

Indian Polity
 Sources of the Indian Constitution

The sources of Indian Constitution include the imaginative aspirations of the nationalist leaders, the actual working of the Government of India Act, 1935, and
the experience gained from the actual working of some of the Constitutions of important countries of the world.
The sources of the Indian Constitution can thus be divided into the following two categories:

Seminal Sources External Sources

Constituent Assembly Debates: Constituent Assembly was constituted The Constitution of India is regarded as a bag of borrowing from the
under the Cabinet Mission Plan to frame the Indian Constitution. Its various working Constitutions. It has included features from other sources
members included distinguished lawyers, intellectuals and patriots who as:
took two years, eleven months and eighteen days to prepare the UK Constitution - Law making procedures, Parliamentary Government,
Constitution. Rule of Law, Single citizenship, Cabinet system
Reports of Committees of the Constituent Assembly: The Constituent US Constitution - Fundamental Rights, Independent judiciary, Judicial
Assembly appointed various types of committees to make reports on review, Procedure for the removal of the judges
different aspects. Some of the most important committees included Union of the Supreme court and High courts, Role of Vice President,
Powers Committees, Union Constitution Committee, Provincial Constitution Impeachment of President.
Committee, etc. Canadian Constitution - Federal system, Federation with strong centre,
Nehru Report: The British Government had announced the formation of Residuary powers in the centre
the Simon Commission for making a report on the working of the Irish Constitution- Directive Principles of State Policy, The method of the
Government of India Act, 1919 and suggest constitutional measures presidential election, Nominating members of Rajya Sabha
required for the efficient administration of Indian. The Congress decided to Weimar Constitution of Germany- Emergency powers to be enjoyed by
boycott this Commission because no Indian was taken on it. Instead the Union, Suspension of Fundamental Rights during emergency
it announced the formation of a committee under the leadership of Motilal Australian Constitution- Principle of co-operative federalism, Freedom
Nehru to make recommendations about the desired constitutional set up of inter-state trade, commerce and intercourse, Idea of concurrent list
for India. The Committee made certain recommendations which are known Constitution of South Africa- Procedure for amendment of the
as the Nehru Report. The main Clauses of this Report were: Constitution, Election of members of the Rajya Sabha.
1. grant of Empire;
2. Creation of a federal structure for India
3. bicameralism at the Centre
4. Parliamentary and responsible Government in Provinces
5. guarantee of Fundamental Right;
6. establishment of Supreme Court as the final court of appeal.
Lahore Session of the Congress: The Congress at its Lahore session held in
1929 resolved to make India a Republic.
Government of India Act 1935: At the time the Constitution for free India
was being framed, India was governed by the
Government of India Act, 1935. The Indian Constitution has been
influenced by the Government of India Act, 1935 on the following points:
Federal set-up;
Distribution of powers in three lists;
Provincial autonomy;
Office of the Governor;
Bicameral legislature;
President’s or Governor’s power to issue ordinances; and
Structure of the Supreme Court

Indian Polity
 FEATURES OF THE INDIAN
CONSTITUTION
The constitution is a fundamental law of a country that reflects the fundamental principles on which the government of the country is
based. In this article, learn some of the interesting features of the Indian Constitution.

a) The bulkiest constitution of the world

The Indian constitution is one of the bulkiest constitution of the world, comprising of 395 articles, 22 parts and 12 schedules. So far the constitution
underwent 100 amendments (28 May, 2015).

b) Rigidity and flexibility

The Indian constitution is combination of rigidity and flexibility, which means some parts of it can be amended by the Parliament by a simple majority,
whereas some parts require a two-third majority as well as not less than one-half of the state legislatures. Quasi Federal: It means a federal set up where
despite having two clear sets of government – central and the states, more powers are given to the Central Government

c) Parliamentary system of government

The Indian constitution provides for a parliamentary system of government, i.e., the real executive power rests with the council of ministers and the
President is only a nominal ruler (Article 74).

d) Federal system with a unitary bias

The Indian constitution described India as a 'Union of States' (Article 1), which implies that Indian federation is not the result of any agreement among the
units and the units cannot secede from it.

e) Fundamental rights and fundamental duties

The Indian constitution provides an elaborate list of Fundamental Rights to the citizens of India, which cannot be taken away or abridged by any law made
by the states (Article 12–35). Similarly, the constitution also provides a list of 11 duties of the citizens, known as the Fundamental Duties (Article 51A).

f) Directive principles of state policy

The Indian constitution mentions certain Directive Principles of State Policy(Article 36–51) which that government has to
keep in mind while formulating new policy.

g) Secularism
The constitution makes India a secular state by detaching from religious dogmas (Forty-second Amendment).

h) Independent judiciary
The constitution provides an independent judiciary (Article 76) which ensures that the government is carried on in accordance with the provisions of the
constitution and acts as a guardian of the liberties and fundamental rights of the citizens.

i) Single citizenship
The Indian constitution provides a single citizenship for all the people residing different parts of the country and there is no separate citizenship for the
states (Article 5–11).

j) Bicameral legislatures
The Indian constitution provides a bicameral legislatures at centre consisting of Rajya Sabha (Council of States) and Lok Sabha (House of the People)(Article
79).

k) Emergency powers
The constitution vests extraordinary powers, known as Emergency Powers in the President during emergencies out of armed rebellion or external
aggression or due to failure of constitutional machinery in the state (Article 352–360).

l) Special provisions for minorities

The constitution makes special provisions for minorities, Scheduled castes, Scheduled Tribes, etc. by granting them certain special rights and provisions.

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 PART - I
THE UNION & ITS (ARTICLES 1- 4)
TERRITORY
Articles 1 to 4 under Part — I of the Constitution deal with the Union and its territory.

ARTICLES. PROVISIONS

Article 1 Name and territory of the Union

Article 2
Admission or establishment of new States

Article 3 Formation of new States and alteration of areas,

boundaries or names of existing States

Article 4 Laws made under Articles 2 and 3 to provide for the amendment of the
first and the Fourth schedules and supplemental, incidental and
consequential matters or declares that laws made under Article 2 and 3
are not to be considered as amendments of the Constitution under
Article 368.

INDIA— A UNION OF STATES

ARTICLE 1.
Name and territory of the Union —
1. India, that is Bharat, shall be a Union of States.
2. The States and the territories thereof shall be as specified in the First Schedule.
3. The territory of India shall comprise— (a) the territories of the States; (b) the Union territories specified in the First Schedule; and (c) such other territories
as may be acquired.

Article 1 stipulates that “India, i.e., Bharat, shall be a Union of States“.

NOTE: THE COUNTRY IS DESCRIBED AS ‘UNION’ ALTHOUGH ITS
CONSTITUTION IS FEDERAL IN STRUCTURE.

ARTICLE 2
Admission or establishment of new States.
1. Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.

Article 2 grants two powers to the Parliament:

the power to admit into the Union of India new states; and
the power to establish new states.

ARTICLE 3
Formation of new States and alteration of areas, boundaries, or names of existing States.
Parliament may by law—
(a) 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;
(b) increase the area of any State;
(c) diminish the area of any State;
(d) alter the boundaries of any State;
(e) alter the name of any State.

Article 3 notably relates to the formation of or changes in the existing states of the Union of India.
1. One, a bill contemplating the above changes can be introduced in the Parliament only with the prior recommendation of the President; and
2. Two, before recommending the bill, the President has to refer the same to the state legislature concerned for expressing its views within a specified period.

Indian Polity
 THE UNION & ITS TERRITORY (ARTICLES 1- 4)

ARTICLE 4:
declares that laws made under Article 2 and 3 are not to be considered as amendments of the Constitution under Article 368.
1. Article 4 declares that laws made for admission or establishment of new states (under Article 2) and formation of new states and alteration of areas,
boundaries, or names of existing states (under Articles 3) are not to be considered as amendments of the Constitution under Article 368.
2. This means that such laws can be passed by a simple majority and by the ordinary legislative process.

Please Note:
Indian Territory can be ceded(transfer) to a foreign state only by amending the Constitution under Article 368.
However, the Supreme Court in 1969 ruled that settlement of a boundary dispute between India and another country does not require a constitutional amendment.
It can be done by executive action as it does not involve cession of Indian Territory to a foreign country.
So only when there is the involvement of cession of Indian Territory to a foreign country, the amendment is needed.

EVOLUTION OF STATES AND UNION TERRITORIES

Integration of Princely States

We have read earlier that the Indian Independence Act (1947) gave three options to the princely states –
1. joining India,
2. joining Pakistan or
3. remaining independent
Of the 552 princely states situated within the geographical boundaries of India, 549 joined India and the remaining 3 (Hyderabad, Junagarh, and Kashmir)
refused to join India.
However, in course of time –
Hyderabad state was integrated through Police action.
Junagarh was integrated through the referendum.
Kashmir was integrated through an Instrument of Accession.

Some important points:

After independence, there were demands from different regions, particularly South India, for the reorganization of states on a linguistic basis.
The government of India appointed S K Dhar Committee to examine the feasibility of the reorganization of states on a linguistic basis.
Dhar Committee recommended the reorganization of states on the basis of administrative convenience rather than linguistic factors.
This created much resentment and led to the appointment of another committee – JVP Committee – consisted of Jawaharlal Nehru, Vallahbhai Patel,
and Pattabhi Sitaramayya
JVP committee’s report formally rejected language as the basis for the reorganization of states.
However, the death of Potti Sriramulu, a Congressperson of standing, after a 56-day hunger strike for the cause of the creation of separate Andhra
state on a linguistic basis — forced the Government of India to create the first linguistic state, known as Andhra state
The creation of Andhra state intensified the demand from other regions for the creation of states on a linguistic basis. This forced the Government of
India to appoint Fazl Ali Commission to re-examine the whole question.
Faiz Ali’s report broadly accepted language as the basis of the reorganization of states. But, it rejected the theory of ‘one language–one state’. Its view
was that the unity of India should be regarded as the primary consideration in any redrawing of the country’s political units.

New States and Union Territories created after 1956

The Bombay Re-organisation Act, 1960, divided the State of Bombay to establish the two States of Gujarat and Maharashtra.
The State of Nagaland Act, 1962 created Nagaland as a separate State.
The Punjab Re-organization Act, 1966 divided Punjab into Punjab and Haryana.
New State of Himachal Pradesh comprising of the existing Union Territory of Himachal Pradesh was established by the State of Himachal Pradesh Act,
1970.
New States of Manipur, Tripura, Meghalaya and Union Territories of Mizoram and Arunachal Pradesh were established by North pastern Areas (Re­-
organization) Act. 1971. Later Mizoram and Arunachal Pradesh achieved statehood by State of Mizoram Act, 1986 and State of Arunachal Pradesh Act,
1986.
New State of Sikkim was established by Constitution (36th Amendment) Act, 1975.
The State of Goa Act, 1987 incorporated Goa as a separate State of the Union.
Chhattisgarh was formed as a result of Madhya Pradesh Re-organisation Act, 2000 which came into being on November 1, 2000.
Uttaranchal came into existence by Uttar Pradesh Re-organisation Act, 2000 on 8th November, 2000, comprising the northern districts of Kumaon and
Garhwal hills of Uttar Pradesh.
The State of Jharkhand was established by Bihar Re-organisation Act, 2000 on 15th November, 2000, by comprising eighteen southern districts of
Chhota Nagpur and Santhal Pargana areas of Bihar.
The State of Telangana was created by Andhra Pradesh Reorganisation Act, 2014 and came into being on 2nd June 2014.
According to the Jammu and Kashmir Reorganisation Act, 2019, the appointed day for the two Union Territories J&K and Ladakh was October 31. This is
for the first time that a state is converted into two Union Territories.
The Union Territories of Daman and Diu, Dadra and Nagar Haveli have become a single union territory since January 26 through a Bill passed by the
Parliament in the winter session. With the merger of Daman and Diu, and Dadra and Nagar Haveli, the number of UT’s have come down to eight.
The total number of states in the country will now be 28, with effect from 26th January 2020, India has 8 union territories.

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 THE UNION & ITS TERRITORY (ARTICLES 1- 4)

Indian Polity
 PART - II
CITIZENSHIP OF (ARTICLES 5-11)
INDIA
Articles 1 to 4 under Part — I of the Constitution deal with the Union and its territory.

ARTICLES. PROVISIONS

Article 5 Citizenship at the commencement of the Constitution

Article 6 Rights of citizenship of certain persons who have migrated to
India from Pakistan
Article 7 Rights of citizenship of certain migrants to Pakistan
Article 8 Rights of citizenship of certain persons of Indian origin residing
outside India
Article 9 Persons voluntarily acquiring citizenship of a foreign State not
to be citizens
Article 10 Continuance of the rights of citizenship
Article 11 Parliament to regulate the right of citizenship by law

The Constitution of India provides for single citizenship. All persons residing in different parts of the country enjoy Indian citizenship
(Article 5). There is no separate citizenship of states. According to the Constitution, the following three categories of persons are
entitled to citizenship:
1. Person domiciled in India,
2. Refugees who migrated to India from Pakistan,
3. Indians living in other countries.
Domiciled persons include those with permanent homes in India, persons born in India, persons either of whose parents was some in
Indian Territory, and persons ordinarily residing in India for at least five years before the commencement of the Constitution,
provided they had not voluntarily acquired the citizenship of some foreign country.

Acquisition and Termination of Citizenship

Rules regarding acquisition and termination of Indian citizenship have been laid down in the Citizenship Act of 1955. A person can acquire citizenship of India
in five ways.

Citizenship by Birth
A person born in India on or after January 1950 is treated as citizen of India by birth.

Citizenship by Descent
A person who was residing outside India on or after 26 January 1950 is treated as a citizen of India by descent if his father was citizen of India at the time of his
birth.

Citizenship by Registration
The following categories of persons can be registered as citizens of India on application by the prescribed authority:
(a) Persons of Indian origin who are ordinarily resident in India for five years before filing of application for registration.
(b) Persons of Indian origin who are ordinarily resident in any country or place outside India.
(c) Women who are married to citizens of India.
(d) Minor' children of persons who are citizens of India.
(e) Persons of full age and capacity who are citizens of Commonwealth countries or the Republic of Ireland.

Citizenship by Naturalisation
A person can acquire citizenship of India through naturalisation if he (a) belongs to a country where the citizens of India are allowed to become subjects or
citizens of that country by naturalisation;
(b) renounces the citizenship of his country and intimates the renunciation to the government of India;
(c) has been residing in India or serving the government for 12 months before the date of making application for naturalisation;
(d) possesses a good character;
(e) possesses workable knowledge of an Indian language;
(f) intends to reside in India or to serve under the Government of India after naturalisation. However, the Government of India can waive any or all of the above
conditions in case of a person who has rendered distinguished service in the cause of philosophy, science, art, literature, world peace and the like.

By Incorporation of Territory
If any new territory is added to India, the Government of India can specify the persons of the territory who shall be citizens of India by reasons of their
connection with that territory.

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 CITIZENSHIP OF INDIA (ARTICLES 5-11)

Citizenship can be terminated in three ways

citizenship by making necessary declaration to this effect in the prescribed form. Usually citizenship is renounced by a citizen who wants to become the
national to another country.
(b) The citizenship can be terminated if a person voluntarily acquires the citizenship of any other country by naturalisation, registration or otherwise.
(c) The Central Government can deprive a naturalised citizen of his citizenship, if it is satisfied that the citizenship was acquired by fraud, false representation or
concealment of material facts; or if the person shows disloyalty towards the Indian Constitution or indulges in trade with enemy countries during war; or if the
person has been sentenced to imprisonment for a period of two years or more within five years of his registration of naturalisation or if he has been
continuously residing out of India for more than seven years.

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 PART - III
FUNDAMENTAL (ARTICLES 12-35)
RIGHTS
Articles 12-35 (Part III) of the Indian Constitution deal with Fundamental Rights.
Fundamental Rights are largely inspired by the Bill of Rights in the American
Constitution.

12.Definition of State
13.Laws inconsistent with or in derogation of the Fundamental Rights

Right to Equality
14.Equality before law
15.Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
16.Equality of opportunity in matters of public employment
17.Abolition of untouchability
18.Abolition of titles

Right to Freedom
19.Protection of certain rights regarding freedom of speech, etc.
20.Protection in respect of conviction for offences
21.Protection of life and personal liberty
21A.Right to education
22.Protection against arrest and detention in certain cases

Right against Exploitation

23.Prohibition of traffic in human beings and forced labour
24.Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

25.Freedom of conscience and free profession, practice and propagation of religion
26.Freedom to manage religious affairs
27.Freedom as to payment of taxes for promotion of any particular religion
28.Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Cultural and Educational Rights

29.Protection of interests of minorities
30.Right of minorities to establish and administer educational institutions

Right to Property (Repealed)

31.Compulsory acquisition of property–(Repealed)

Saving of Certain Laws

31A.Saving of laws providing for acquisition of estates, etc.
31B.Validation of certain Acts and Regulations
31C.Saving of laws giving effect to certain directive principles
31D.Saving of laws in respect of anti-national activities(Repealed)

Right to Constitutional Remedies

32.Remedies for enforcement of rights conferred by this part
32A.Constitutional validity of State laws not to be considered in proceedings under Article 32(Repealed)
33.Power of Parliament to modify the rights conferred by this part in their application to forces, etc.
34.Restriction on rights conferred by this part while martial law is in force in any area
35.Legislation to give effect to the provisions of this part

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 FUNDAMENTAL RIGHTS (ARTICLES 12-35)

ARTICLE 15:
PROHIBITION OF DISCRIMINATION ON GROUNDS OF RELIGION, RACE, CASTE, SEX,
OR PLACE OF BIRTH

Article 15 prohibits the state from discriminating against any citizen on the ground of any
religion, race, caste, sex, and place of birth, or any of them. It provides that there shall be
no restriction on any person on any of the above bases to access and use the public
places.

ARTICLE 16:
EQUALITY OF OPPORTUNITY IN PUBLIC EMPLOYMENT

ARTICLE 17 & 18:

ABOLITION OF UNTOUCHABILITY AND TITLES

ARTICLE 19
PROVIDES FOR 6 FUNDAMENTAL RIGHTS IN THE
NATURE OF FREEDOMS. THESE ARE GUARANTEED TO
INDIAN CITIZENS WITH REASONABLE RESTRICTIONS.

ARTICLE 20: PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES

Provides 3 safeguards to pe»sons accused of crimes:

Article 20 (I): Ex-Post facto law - no person shall be convicted of any offence except for
the violation of 'law in force'. Such protection does not apply in case of Preventive
Detention.
Article 20 (2): Double Jeopardy - no person shall be prosecuted and punished for the
same offence more than once.
Article 20 (3): Prohibition against Self Incrimination - no person accused of an offence
shall be compelled to be a witness against himself.

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 FUNDAMENTAL RIGHTS (ARTICLES 12-35)

ARTICLE 21 AND 22: ARTICLE 25 AND 28:

PROTECTION OF LIFE AND PERSONAL LIBERTY RIGHT TO FREEDOM OF RELIGION

Constitution provides for a two fold guarantee:
No person shall be deprived of his life and personal liberty except
according to the law (Article 21).
Safeguards against arbitrary arrest and detention (Article 22).
Prior to Menaka Gandhi Case (1978), Article 21 guaranteed the Right to
Life and Liberty against arbitrary action of the executive. Article 21 now
protects Right to Life and Personal Liberty even from legislative action. It
includes -
1. Right to live with human dignity.
2. Right to livelihood.
3. Right to privacy.
4. Right to shelter.
5. Right to health and Medical Assistance.
6. Right to free legal aid.
7. Right against solitary confinement.
8. Available to 'citizens' and 'non-citizens'.
9. Right to Education is a Fundamental Right under Article 21-A
(86th Constitutional Amendment 2002).
10. Provision of Compensation if Article 21 is violated.
11. Right to Death is not a fundamental right under Article 21.
ARTICLE 23 AND 24:
RIGHT AGAINST EXPLOITATION
Article 23: protects individual against actions of the state and private
citizens. This right is available to both citizens and non-citizens.
Article 23 (i): prohibits traffic in human beings and forced labour,
Article 23(ii): nothing in this article shall prevent state from imposing
compulsory services for public purpose and in imposing such service the
state shall not make any discrimination on grounds of religion, race,
caste or class or any of them.
Article 24: prohibits employment of children below 14 years of age in a
dangerous occupation, factory and mines.
India, under the Constitution, is a "Secular State", i.e. a state which
observes an attitude of neutrality and impartiality towards all religions.
There is no "State religion" in India. State will not establish a religion of its
own, nor will it patronize any religion. This is implicit from:
State will not compel any citizen to pay any tax for promotion or
maintenance of a religion or religious institution (Article 27).
No religious instruction shall be provided in an educational institution
run completely by government funds.
Religious instruction can be imparted in educational institutions
recognized by or receiving aid from the state, no person attending such
institution shall be compelled to receive such religious instruction (Art
28).
Article 25 guaranteed the Freedom of Conscience an Freedom to
Profess, Practice and Propagate person religion
Right to 'Propagate' under Article 25 gives the right only to disseminate
the tenets of religion but it would a include the Right to Convert.
States have made it a penal offence to convert or attempt to convert a
person by means of "force, fraud or allurement”.
Volunteer conversion with free consent is allowed.
Article 26 provides rights to every religious group c
denominations :-
To establish and maintain institutions for religious and charitable
purposes.
To manage its own religious affairs.
To own and acquire movable and immovable property.
To administer such property in accordance with national laws.

CULTURAL AND EDUCATIONAL RIGHTS

Article 29 (1) guarantees to citizens having a distinct language, script or culture of its own, the right to conserve the same.
Article 30 provides for the right to religious and linguistic minorities to establish and maintain educational institution to conserve their language, script
or culture.
Article 30 (2) prohibits the state from discriminating against any educational institution in grant of aid. No citizen shall be denied admission to
educational institutions maintained by the state or receiving aid out of state funds on grounds of religion, race, caste and language. It is compulsory for
unaided private institutions to give reservations to backward classes. Minority institutions are exempted from such obligation.
Article 29 applies only to citizens.
Article 30 applies to both citizens and non-citizens.

ARTICLE 31-A, 31-B & 31-C

SAVING OF CERTAIN LAWS

Supreme Court has viewed that 9th Schedule must come

under Judicial Review. Sates have passed acts regarding
reservations, and placed them under Schedule 9 to make
them non-justiciable.
Right to Property which was a fundamental right under
Article 31, was repealed by 44th Constitutional
Amendment, 1978. It was made a Constitutional Right
under ordinary law under Article 300-A.

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 FUNDAMENTAL RIGHTS (ARTICLES 12-35)

ARTICLE 32:
RIGHT TO CONSTITUTIONAL REMEDIES

It provides for machinery for the effective enforcement of Fundamental Rights.

It empowers a person to approach the Supreme Court directly for the enforcement of his Fundamental Rights.
Right to Constitutional Remedies cannot be suspended except otherwise provided in the Constitution, i.e. during Emergency.
Ambedkar calls this article "the very soul and heart of the Constitution."

Article 226 gives power to High Court to issue writs.

Article 32 is used for the enforcement of fundamental rights only. Article 226 is helpful for "any other purpose" also. Therefore the power of the High Court
is wider under Article 226 than the power conferred on Supreme Court under Article 32.
Courts also issue Injunction, which is not mentioned in the Constitution. It is issued against private persons.
Public Interest Litigation (PIL)
The traditional rule to apply for redressal of breach of fundamental rights. The person whose right has been breached can approach the court (locus standi).
Public Interest Litigation (PIL), borrowed from USA, is being applied for achieving larger public interest. Any public-spirited person can go to the court for
redressal of breach of fundamental rights.

WRITS UNDER ARTICLE 32

Habeas corpus means ? Order to the person who has detained another to produce the detainee before the court. This is issued
to produce the body of to let the court know the grounds of confinement. This protects individual liberty. It is a powerful
safeguard against arbitrary Acts not only of private individual but also of the Executive.

Mandamus means ?a Commands a public or quasi-public legal person to perform his duty. The writ of mandamus can be
Command? issued by the court to enforce Fundamental Rights: whenever a public officer or a Government has
committed an Act violating a person's Fundamental Rights, the court can restrain that authority from
enforcing such orders or committing such an act.

Prohibition means ?to Issued by Supreme Court or High Court to a lower court forbidding it continue proceedings in a case
forbid? beyond its jurisdiction or exercise jurisdiction which is not vested with it legally.
The Supreme Court can issue the writ only where a Fundamental Right is affected because of
jurisdictional defect in their proceedings.

Certiorari means ?to be Issued to a lower court after a case has 'to be certified' been decided by it quashing the decision or
certified? order. It ensures that the jurisdiction of an inferior court or tribunals is properly exercised. While
prohibition is available during the pendency of the proceedings and before the order is made,
certiorari can be issued only after the order has been made under similar circumstances.

Quo-Warranto Issued by the court to enquire into the legality of claim which a person asserts to a public office. The
writ of quo warranto enables the public to see that a public office is not usurped by an unlawful
claimant.

SUSPENSION OF FUNDAMENTAL RIGHTS

FUNDAMENTAL RIGHTS ARE NOT ABSOLUTE AND HAVE LIMITATIONS

REGARDING THEIR EXERCISE. THE LIMITATIONS STRIKE A BALANCE BETWEEN INDIVIDUAL
LIBERTY AND SOCIAL NEED.
ARTICLE 358 PROVIDES THAT DURING NATIONAL EMERGENCY, PRESIDENT UNDER ARTICLE 352,
FUNDAMENTAL FREEDOMS GUARANTEED BY ARTICLE 19 ARE SUSPENDED AND CANNOT BE
REVIVED DURING EMERGENCY. THINGS DONE DURING EMERGENCY
CANNOT BE CHALLENGED EVEN AFTER IT IS OVER.
ARTICLE 359 EMPOWERS THE PRESIDENT TO SUSPEND THE RIGHT TO MOVE A COURT FOR THE
ENFORCEMENT OF RIGHTS CONFERRED BY PART III OF THE CONSTITUTION (EXCEPT ARTICLE 20
& 21) DURING AN EMERGENCY.
UNDER ARTICLE 358, RIGHTS CONFERRED BY ARTICLE 19 ARE SUSPENDED. SUSPENSION UNDER
ARTICLE 359 CAN ONLY BE BY AN ORDER OF THE PRESIDENT.

Indian Polity
 PART - IV DIRECTIVE PRINCIPLES
OF STATE POLICY (ARTICLES 36-51)
(DPSP)
Articles 36-51 under Part-IV of Indian Constitution deal with Directive Principles of State Policy (DPSP).

Contained in Part-IV of the Constitution (Articles 36-51), borrowed from Ireland.

These are fundamental guidelines in the governance of the country.
They promote the concept of a welfare state.
They are classified into 3 categories:
1. Socialistic or Welfare Principles:Arts 38, 39, 41-43.
2. Gandhian Principles: Arts 40, 43, 46-49
3. Liberal - Intellectual Principles:Arts 44 - 45, 50 - 51
While fundamental rights aim at political freedoms, DPS aim at securing economic and social justice through appropriate state action.
They impose obligations on the state and give direction to take positive action to promote social welfare.
These are the ideals to be kept in mind while formulating policy or pass a law.
Directives are non-justiciable. Courts cannot be approached for their enforcement (Article 37).
Articles 38 & 39 embody the Jurisprudential doctrine of Distributive Justice".
42nd Amendment Act (1976) added Articles 39-A, 43 A, 48-A. Provision for "Creation of Opportunities for healthy development of children" in Articles 39 (A).
B.R. Ambedkar described the DPs as "Instrumen of Instruction."

ARTICLES

36. Definition of State

37. Application of the principles contained in this part

38. State to secure a social order for the promotion of welfare of the people

39. Certain principles of policy to be followed by the State (Means of Livelihood to all, Use of resources for common good,

Prevention of concentration of wealth, Equal pay for equal work, Protection of workers, Protection of children and youth.)

39A.Equal justice and free legal aid

40.Organisation of village panchayats

41.Right to work, to education and to public assistance in certain cases

42.Provision for just and humane conditions of work and maternity relief

43.Living wage, etc., for workers

43A.Participation of workers in management of industries

43B.Promotion of co-operative societies

44.Uniform civil code for the citizens

45.Provision for early childhood care and education to children below the age of six years

46.Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and other weaker sections
47.Duty of the State to raise the level of nutrition and the standard of living and to improve public health

48.Organisation of agriculture and animal husbandry

48A.Protection and improvement of environment and safeguarding of forests and wildlife

49.Protection of monuments and places and objects of national importance

50.Separation of judiciary from executive

51.Promotion of international peace and security

Indian Polity
 DIRECTIVE PRINCIPLES OF STATE POLICY (ARTICLES 36-51)
(DPSP)
Articles 36-51 under Part-IV of Indian Constitution deal with Directive Principles of State
Policy (DPSP) & broadly classified into
Socialist principles
Gandhian principles
Liberal intellectual principles

SOCIALIST PRINCIPLES LIBERAL PRINCIPLES THE GANDHIAN PRINCIPLES

1. To secure a social order for the 1. Uniform Civil Code for the citizens. 1. Organization of Village Panchayats
promotion of the welfare of the 2. Provide free and compulsory (Article -40) and to promote the
people.(Article -38) education for children below 14 cottage industry. (Article -43)
2. To strive to minimize inequalities of years. 2. Promotion of educational and
income i.e. operation of the 3. Separation of Judiciary from economic interests of the SCs, the
economic system does not result in Executive. STs, and the other weaker sections
the concentration of wealth and 4. To promote international peace and of the society. (Article -46)
means of production to the common amity. 3. To bring about the prohibition of
detriment; 5. Protection of monuments and intoxicating drinks and drugs that
3. ownership and control of the places and objects of national are injurious to health.
material resources of the importance 4. Organization of agriculture and
community are so distributed as 6. Protection and improvement of animal husbandry on modern and
best to subserve the common good; environment and safeguarding of scientific lines to prohibit the
4. Equal justice and free legal aid. forests and wild life. slaughter of cows, calves, and other
5. Ownership and control of material milch and draught animals.
resources of the community shall be
so distributed so as to subserve the
common good.
6. Equal pay for equal work.
7. The Health and strength of workers
and the tender age of children must
not be abused.
8. Right to work, to education, and to
public assistance in certain cases.
9. Provision of just and humane
conditions for work and maternity
relief.
10. Participation of workers in the
management of the industries.
11. Duty of the State to raise the level
of nutrition and the standard of
living and to improve public health.
12. Children are given opportunities
and facilities to develop in a healthy
manner and in conditions of
freedom and dignity and that
childhood and youth are protected
against exploitation and against
moral and material abandonment.

Indian Polity
 PART - IV
FUNDAMENTAL DUTIES
(ARTICLES 51A)
The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the
Swaran Singh Committee.

According to Article 51A, it shall be the duty of every citizen of India:

1. To abide by the Constitution and respect its ideals and institutions, National Flag, and National Anthem.
2. To cherish and follow the noble ideals that inspired the national struggle for freedom.
3. To uphold and protect the sovereignty, unity, and integrity of India.
4. To defend the country and render national service when called upon to do so.
5. To promote harmony and the spirit of brotherhood among all the ppl of India, linguistic and regional or sectional diversities, and to
renounce practices derogatory to the dignity of women.
6. To value and preserve the rich heritage of the county’s composite culture.
7. To protect and improve the natural environment (forests, lakes, rivers, and wildlife) and to have compassion for living creatures.
8. To develop the scientific temper, humanism, and the spirit of inquiry and reform.
9. To safeguard public property and to adjure violence.
10. To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to a higher level of
endeavor and achievement.
11. To provide opportunities for education to his child or ward between the age of 6 – 14yrs – added in the 86th Constitutional Amendment Act,
2002.

Features of the Fundamental Duties

Some of them are Moral Duties (Ex. Cherishing noble ideals of freedom struggle)
Some of them are Civic Duties (Ex. Respecting the institution, National Flag/Anthem)
They refer to such values that have been a part of the Indian tradition, mythology, religions, and practices.
Essentially contain just a codification of tasks integral to the Indian way of life.
FDs are confined to citizens only, do not extend to foreigners (FRs = extend to all: Citizens + Foreigners)
Like DPSPs, FDs are also a non-justiciable: Constitution that doesn’t provide for direct enforcement by the courts.
There is no legal sanction against their violation (however the Parliament is free to enforce them by suitable legislation)

Difference between Fundamental Rights and Directive Principles of State Policy

FUNDAMENTAL RIGHTS DIRECTIVE PRINCIPLE OF STATE POLICY

1. Taken from the Constitution of USA
2. Essential rights of all the citizens of India
3. Included in Part III of the Constitution
4. Do not require any legislation for their implementation
5. Negative in nature
6. They are legally enforceable
7. Justiciable
8. Promotes individual welfare
9. Aim at establishing political democracy
10. Given by the States to people
1. Taken from the Constitution of Ireland
2. Guidelines which are referred while formulating policies and laws
3. Included in Part IV of the Constitution
4. Require any legislation for their implementation
5. Positive in nature
6. They are legally not enforceable
7. Not Justiciable
8. Promotes social welfare
9. Aim at establishing social and economic democracy
10. Given by the Constitution to the States

Indian Polity
 PART - V PART - VI
THE UNION THE STATE

Union Executive & State Executive

Parliament and Legislature
Union Judiciary High Courts
BEECHTOWN Subordinate Courts
TOURS
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123-456-7890

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CONSTITUTION OF INDIA

EXECUTIVE LEGISLATIVE JUDICIARY

 UNION EXECUTIVE & PARLIAMENT
UNION EXECUTIVE
Article 52 to 78 in Part V of the Constitution deal with the Union Executive.
The union executive consists of the President, the Vice President, the Prime Minister, the Council of Ministers and the Attorney General of
India.
The President (Article 52) is the head of the Indian state.
He is called the first citizen of the country, head of the all armed forces.
He is the first citizen if the country and acts as the symbol of the integrity and solidarity of the nation.

UNION EXECUTIVE:
IMPORTANT ARTICLES

4. Attorney
3. Central Council
2. Vice-President
1. President
General of India
of Ministers
Article 52: The President of India

UNION
Article 53: Executive power of the Union
Article 54: Election of President
Article 55: Manner of election of President
Article 56: Term of office of President
Article 57: Eligibility for re-election
Article 58: Qualifications for election as

EXECUTIVE
President
Article 59: Conditions of President’s office
Article 60: Oath or affirmation by the President
Article 61: Procedure for impeachment of the
President

4. Advocate
3. State Council
2. Chief Minister
1. Governor
Article 62: Time of holding election to fill vacancy
State
General of the
of Ministers
in the office of president and the term of office

STATE
or person elected to fill casual vacancy
Article 63: The Vice-President Of India
Article 64: The Vice-President to be ex-officio
Chairman of the Council of States
Article 65: The Vice-President to act as President
or to discharge his functions during casual
vacancies in the office, or during the absence, of
President
Parliament

Article 66: Election of Vice-President

Lok Sabha
Rajya Sabha

UNION

Article 67: Term of office of Vice-President

GOVERNMENT
Article 68: Time of holding election to fill vacancy
in the office of Vice-President and the term of
office of person elected to fill casual vacancy

INDIAN
LEGISLATIVE

Article 69: Oath or affirmation by the Vice-

President
Article 70: Discharge of President’s functions in
other contingencies
State Legislature

Article 71: Matters relating to, or connected

Assembly
State Legislative
Council
State Legislative

with, the election of a President or Vice-

STATE

President
Article 72: Power of President to grant pardons,
etc., and to suspend, remit or commute
sentences in certain cases
Article 73: Extent of executive power of the
Union
Article 74: Council of Ministers to aid and advise
President
Article 75: Other provisions as to Ministers 
Article 76: Attorney-General for India
Article 77: Conduct of business of the
Court
Subordinate
High Court
Supreme Court

JUDICIARY

Government of India
Article 78: Duties of Prime Minister as respects
the furnishing of information to the President,
etc.

Indian Polity
 UNION EXECUTIVE & PARLIAMENT
PRESIDENT
The President is the head of the Indian State.
He is the first citizen of India and acts as the symbol of unity, integrity and solidarity of the nation. Article 52 of our constitution provides
for a President of India.
Article53 (1) says that the executive power of the union shall be vested in the President and shall be exercised by him either by directly or
through officers subordinate to him in the constitution.
Article 53(2) declares the President as the supreme commander of the defence forces and exercise of his power would be regulated by law.
PRESIDENTIAL ELECTION
There is no direct election for the Indian President.
An electoral college elects him.
The electoral college responsible for President’s elections
comprises elected members of:
1. Lok Sabha and Rajya Sabha
2. Legislative Assemblies of the states (Legislative Councils have no
role)
3. Legislative Assemblies of the Union Territories of Delhi and
Puducherry (70th Amendment 1992).
OATH
The President shall take the oath of the office in the presence of
the Chief Justice of the Supreme Court.
The only condition for the initiation of
impeachment of Indian president is the
‘violation of the constitution.’
Note: Indian Constitution contains no
definition of ‘violation of constitution.’
POWERS AND FUNCTIONS OF THE PRESIDENT OF INDIA
Executive Powers of President
For every executive action that the Indian government takes, is
to be taken in his name.
He may/may not make rules to simplify the transaction of
business of the central government
He appoints the attorney general of India and determines his
remuneration
He appoints the following people:
1. Comptroller and Auditor General of India (CAG)
2. Chief Election Commissioner and other Election Commissioners
3. Chairman and members of the Union Public Service Commission
4. State Governors
5. Finance Commission of India chairman and members
He seeks administrative information from Union government
He requires PM to submit, for consideration of the council of
ministers, any matter on which a decision has been taken by a
minister but, which has not been considered by the council
He appoints National Commissions of:
6. Scheduled Castes
7. Scheduled Tribes
8. Other Backward Classes
He appoints inter-state council
He appoints administrators of union territories
He can declare any area as scheduled area and has powers with
respect to the administration of scheduled areas and tribal areas
Indian Polity
TERM OF PRESIDENT’S OFFICE
Once President is elected, he holds office for five years.
He sits in the office even after the completion of five years given
no new election have taken place or no new President has been
elected till then.
He can also be re-elected and there is no cap on his re-election.
QUALIFICATIONS OF PRESIDENT
A candidate has to meet some qualifications to be elected as the
president.
Those qualifications of the President are:
1. He should be an Indian Citizen
2. His age should be a minimum of 35 years
3. He should qualify the conditions to be elected as a member of the
Lok Sabha
4. He should not hold any office of profit under the central
government, state government, or any public authority
Legislative Powers of the President
President summons both the Houses of the Parliament for
sessions.
President also prorogues the sessions.
President is also responsible for dissolving the Lok Sabha.
The first session of each year and the first session of newly
elected Lok Sabha after the general elections begin with the
address of the President.
President can nominate two members in the Lok Sabha belonging
to the Anglo Indian community.
President has the power to send messages to the Parliament.
President can nominate 12 members to the Rajya Sabha.
No bill can become a law without Parliament; prior permission of
the President is required. E.g. Money bills.
President possesses Veto power.
President has Ordinance making power under Article 123.
Financial Powers of the President
All money bills are introduced in the Lok Sabha only with the
prior approval of the President.
The President has the control over Contingency Fund of India.
Annual budget and railway budget are introduced in the Lok
Sabha on the recommendation of the President.
The President appoints the Finance Commission after every five
years. It makes recommendations to the
President on some specific financial matters, especially the
distribution of Central taxes between the Union and the States.
The President also receives the reports of the Comptroller and
Auditor-General of India, and has it laid in the Parliament.
 UNION EXECUTIVE & PARLIAMENT
Diplomatic Powers of the President Military Powers of President
The President has the power of appointing Indian Ambassadors He is the commander of defence forces of India. He appoints:
to other countries 1. chief of the Army
He receives ambassadors, High Commissions and diplomatic 2. chief of the Navy, and
envoys from foreign Nations. 3. chief of the Air Force
All treaties and international agreements are concluded in the
name of the President. Emergency Powers of the President
The president represents India in International Conferences. He deals with three types of emergencies given in the Indian
Judicial Powers of the President Constitution:
The President, as head of state, can pardon a criminal or reduce 1. National Emergency (Article 352)
the punishment or suspend, commute or remit the sentence of a 2. State Emergency (President’s Rule) (Article 356 & 365); and
criminal convicted by the Supreme Court or High Courts for an 3. Financial Emergency (Article 360)
offence against the federal laws.
Presidents pardoning power comprises of Pardon, reprieve, Veto Power of the President
remission, respite and commutation. When a bill is introduced in the Parliament, Parliament can pass
The President can pardon a person convicted by a Court Martial. the bill and before the bill becomes an act, it has to be presented
His/her power of pardon includes granting of pardon even to a to the Indian President for his approval.
person awarded death sentence. But, the President performs this It is on President of India to either reject the bill, return the bill
function on the advice of Law Ministry. or withhold his assent to the bill.
Advisory Jurisdiction under Article 143 also comes under judicial The choice of the President over the bill is called his veto power.
powers of the President. Veto Power of the President of India is guided by Article 111 of
the Indian Constitution.

VICE PRESIDENT Note: The Vice President

is like a counter part of
the Speaker of the Lok
Article 63: There shall be a vice President of India. Sabha.
Article 64: The Vice President shall be the ex-officio Chairman of the Rajya Sabha.
Article 65: The Vice President shall act as the President in the event of a vacancy in the office of the President
by reason of his death, resignation or removal or otherwise.
At the time of acting as the President or discharging the functions of the President the Vice President shall
not perform the duties of the Chairman of Rajya Sabha. (Article 64).
Article 66: Qualifications for the election of Vice President
Article 66 (1): The Vice President is elected by an electoral college consisting of the members of the two
houses of the Parliament in accordance with the system of proportional representation by means of a single
transferable vote.
A sitting Vice President is eligible for re-election.
Article 67: The term of office of the Vice President is 5 years
The office may be terminated by resignation or removal.
A formal impeachment is not required.
The election to the office of the Vice President has to be completed before the expiration of the term.
Article 68: this article talk about the time of holding the elections to fill vacancy in the office of Vice President
and the term of office of the Vice President to fill casual vacancy
Article 69: Oath of the Vice President
Article 70: Discharge of the functions of the President in other contingencies
Article 71: Disputes related to the election of the Vice President can be challenged only in Supreme Court

Election
VP is elected indirectly by the members of an electoral college
consisting of the members of both Lok Sabha and Rajya Sabha. (It
includes nominated members also).
Election is held in accordance with the system of proportional
representation by means of the single transferable vote and the
voting is by secret ballot.
Qualifications
Should be a citizen of India.
Should have completed 35 years of age.
Should not hold any office of profit
Should be qualified for election as a member of the Rajya Sabha.
Sitting President or Vice-President of the union, the Governor of any
state and a minister of the union or any state is not deemed to hold
any office of profit and hence qualified for being a candidate for vice-
President.
Contesting candidate has to make a security deposit of 15,000/-.

Oath: The oath of office to the VP is administered by the President or some person appointed by him.
Term: 5 years.
Resignation: Submits the resignation letter to the President of India.

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 UNION EXECUTIVE & PARLIAMENT
Removal
14 days advance notice should be given.
The Vice President is removed by a resolution of the Rajya Sabha
passed by majority of all the then members of the council and
agreed to by the House of the People.
The reasons for the removal of the Vice President are not
mentioned in the Constitution.
Re-Election
Sitting Vice President can be re-elected to the office any number
of terms.
So far only the first VP of India Dr. S. Radhakrishanan was the
only person who got elected to the office of VP for two terms.
Election Disputes: (Article 71)
The election disputes in relation with election of the Vice-
President are enquired into and decided by the Supreme Court.
The decision of Supreme Court is final and exclusive.
Functions of the Vice-President
Acts as the ex-officio chairman of Rajya Sabha.
Acts as the President in the absence of the President due to
death, resignation, and removal or otherwise.
The Vice-President while acting as the President does not
perform the duties of the Chairman of Rajya Sabha.

PRIME MINISTER
Appointment Term
Article 75 of the Indian Constitution specifies that the Prime The tem is not fixed.
Minster is appointed by the President. The Prime Minister holds the office during the pleasure of the
The general principle is that the President appoints the leader of President.
majority party in the Lok Sabha as the Prime Minister As long as the Prime Minister enjoys the majority support in the Lok
If no party gets a clear majority then the President may exercise Sabha, he cannot be removed by the President.
his personal discretion in the appointment of the Prime Minister.
This power was first executed in India in the year 1979 when Dr
Neelam Sanjeeva Reddy appointed Charan Singh as the Prime
Minister after the collapse of the Janata Party Government.
Resignation
A Prime Minster may be a member of either houses of the
The PM submits the resignation to the President.
Parliament.
When the PM resigns or dies the Council of Ministers stands
The Prime Minister may be a member of any of the two houses of
dissolved.
the Parliament.
Indira Gandhi (1966), Deve Gowda (1996), I K Gujral (1997),
Manmohan Singh (2004) were the members of Rajya Sabha.

FUNCTIONS OF THE PRIME MINISTER

The PM recommends to the President about the members who can be appointed as the Ministers.
The PM allocates various portfolios among the Ministers.
The PM reshuffles the portfolios.
The PM asks a Minister to resign.
The PM advises the President to remove a Minister.
The PM presides over the meeting of Council of Ministers.
The PM is the principal channel of communication between the President and the Council of Ministers.
Article 78: It shall be the duty of the Prime Minister to communicate to the President all decisions of the Council of Ministers relating to
the administration of the affairs of the Government and proposals for the legislation.
The PM advises the President with respect to the appointment of Attorney General, Union Public Service Commission Chairman and
Members, Comptroller and Auditor General, Chief Election Commissioner and other Election Commissioners, Chairman and members of
Finance Commission etc.
The PM advises the President with regard to the summoning and proroguing of the Parliament.
The PM recommends the President for the dissolution of Lok Sabha.
The PM is the Chairman of Planning Commission, National Development Council, National Integration Council, National Population
Council, Inter State Council, National Water Resource Council, National Disaster management etc.

Note: The President appoints

only those persons as
Ministers who are
recommended by the Prime
Minister.

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 UNION EXECUTIVE & PARLIAMENT
THE COUNCIL OF MINISTERS
The Council of Ministers is headed by the PM.
Article 74(1) of the Indian Constitution: There shall be a Council of Ministers headed by the PM to aid and advice the President.

Appointment
Article 75 (1): The PM is appointed by the President and other
Ministers are also appointed by the President on the advice of
the PM.
A Minister (PM is also a Minister) must be a member of either
Loksabha or Rajya Sabha.
Article 75 (5): If a person who is not a member of either of the
houses of the parliament is appointed as the Minister, must
become a member of either of the houses of the Parliament with
in a period of 6 months from the date appointment as the
Minister.
Article 75 (4): The oath of office of a Minister is administered by
the President.
Strength
The original Constitution did not mention about the strength of
the Council of Ministers.
After the 91st amendment act (2003) the strength of the Council
of Minister including the Prime Minister should not exceed 15
percent of the total strength of the Lok Sabha (Article 75 (1A)).
Salary
This is decided by the Parliament from time to time.
A minister gets the salary and allowances of that are payable to a
Member of Parliament. Additionally he gets a sumptuary
allowance according to his rank, free accommodation, Travelling
allowance, medical facilities etc.
A Minister is individually responsibility to the President.
Article 75(2): A minister is individually responsible to the
President. It means a Minister hold the office during the pleasure
of the President. A Minister submits the resignation to the
President. The President can remove a Minister only on the
advice of the PM.
Article 75(3): The Council of Ministers is collectively responsible to
the Loksabha.
The Prime Minister advices the President to dissolve the
Loksabha.

DEPUTY PRIME MINISTER

The office the Deputy Minister is not mentioned in the Constitution. Note:
Except Prime Minister, no other Minister is
minister is mentioned in the Constitution.
The word “Cabinet” is not originally
So far, six persons served as the Deputy Prime Ministers of mentioned in the Constitution. It was
India. added in Article 352 in the year 1978
1. Sardar Vallbhbhai Patel through 44th amendment.
2. Morarji Desai
3. Charan Singh
4. Babu Jagjeevan Ram
5. Devi Lal
6. LK Advani

Miscellaneous
Charan Singh was the only Prime Minister, under whose regime Parliament never met.
Guljari Lal Nanda was the only interim Prime Minister for 2 times.
Sardar Vallabhbhai Patel was the first Deputy Prime Minister of India from 1947 – 50.
Morarji Desai was the first Deputy Prime Minister after the commencement of the Constitution.
Devilal was the Deputy Prime Minister for 2 times. 1989 and 1990 under the two Prime Ministers V P Singh
and Chandra Shekar.
L K Advani was the last Deputy Prime Minister of India.

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 UNION EXECUTIVE & PARLIAMENT
ATTORNEY GENERAL
The Attorney General is the first law officer of the Country.
He is the chief advisor to the government of India in all legal matters.
Article 76 of the Constitution of India provides for the office of the Attorney General of India.
The Attorney General of India is appointed by the President.

Qualifications Functions of the Attorney General

Citizen of India First law officer of the country.
Qualified to be appointed as a judge of the Supreme Court. The Attorney General of India has the right to speak and take
part in the proceedings of both the houses of
Term Parliament or in the joint session of the parliament without a
The term of office not mentioned in the Constitution. right to vote. Note:
The Attorney General of India holds the office during the pleasure Only the members of the
of the President. Parliament have the right to
vote in their respective
house.
Removal
The Attorney General of India is removed by the President of
India. Gives advice to the Government of India upon such legal matters
The Procedure and the grounds for the removal of the Attorney which are referred by the President.
General is not mentioned in the Constitution. Performs functions of legal character that are assigned by the
President.
Discharges the functions conferred by the Constitution or any
Resignation
other law.
The Attorney General submits the resignation to the President of
He appears on behalf of the Government of India in all cases in
India.
the Supreme Court in which the Government of India is
concerned.
Salary
Represents the Government of India in any reference made by
The salary of the Attorney General is decided by the President
the President to the Supreme Court under Article 143 of the
from time to time. o Generally it is equal to that of salary of the
Constitution.
Supreme Court judge.
Appears in any High Court in any case in which the Government
of India is concerned.
He has the right to audience in any court in the territory of India.

CABINET COMMITTEE
SYSTEM IN INDIA
Under the Government of India Transaction of Business Rules (TBR), 1961 an executive arm of the government was assigned the task of
conducting the business of it in an effective and convenient manner.
The Cabinet Committee are organizations which are instrumental in reducing the workload of the Cabinet.
These committees are extra-constitutional in nature and are nowhere mentioned in the Constitution.

Types and Composition of Cabinet Committees

1. Standing Cabinet Committee
These are permanent in nature with a At present (2019), the following 8 Cabinet Committees are
specific job. These are specified in the First functional:
Schedule of TBR 1. Cabinet Committee on Political Affairs
The Cabinet Ministers are called its 2. Cabinet Committee on Economic Affairs
‘members’ while the people without the 3. Appointments Committee of the Cabinet
rank of Cabinet Committee are called 4. Cabinet Committee on Security
‘special invitees’. 5. Cabinet Committee on Parliamentary Affairs
2. Ad-hoc Cabinet Committee 6. Cabinet Committee on Accommodation
These are temporary in nature and are 7. Cabinet Committee on Investment and Growth
formed time to time to deal with specific 8. Cabinet Committee on Employment and Skill Development
tasks.
The composition of a Cabinet Committee
varies from 3 to 8 people.
Even Ministers who are not the part of the
Cabinet can be added to a Cabinet
Committee.
Usually, each cabinet committee has at
least one Cabinet Minister.
The members of the Cabinet Committee
can be from both the Lok Sabha and the
Rajya Sabha.

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 UNION EXECUTIVE & PARLIAMENT
THE PARLIAMENT
PRESIDENT, RAJYA SABHA & LOK SABHA
Composition of the Parliament
 According to Article 79 (Part V-The Union.) of the Constitution of India, the Parliament of India consists of the President of India and the
two Houses of Parliament known as the Council of States (Rajya Sabha) and the House of the People (Lok Sabha).
 Article 80 of the Constitution specifies the composition of the council of states, which consists of 12 members nominated by the
President and 238 representatives of the state and union territories.

RAJYA SABHA

The Rajya Sabha was constituted in the year 1952. Qualifications

This is a permanent house. It is not subjected to dissolution. A citizen of India.
The fourth schedule of the Indian Constitution deals with the Not be less than 30 years of age.
allocation of seats in the Rajya Sabha to the states and Union Must possess other qualifications as prescribed by the
Territories. Parliament.
The seats are allotted to the states in Upper House on the basis The Parliament has laid down additional qualifications in the
of population. Representation of Peoples Act of 1951.
The maximum strength of Rajya Sabha is 250 members. Must be registered as an elector for a parliamentary constituency
The present strength of the Upper House is 245. in the concerned state or Union Territory.
Out of 250 members 238 are the representatives of the states and
Union Territories.
Disqualifications (Article 102)
These 238 are elected indirectly by the elected members of
Article 102 of the Indian Constitution provided disqualification of a
Legislative Assemblies of the concerned states.
person who is a member of the Parliament.
Article 80 (3) of the Indian Constitution permits that 12 members
If holds any office of profit under the Union or State government.
are nominated by the President with the special knowledge or
If the person is of unsound mind and stands so declared by a
practical experience in the fields like Science, Arts, Literature and
court.
Social Service.
If the person is an un-discharged insolvent.
1/3rd members retire at the end of every second year.
If the person is not a citizen of Indian or has voluntarily acquired
The members are eligible for re-election after completion of the
the citizenship of a foreign state. o If so disqualified under any
term.
law made by the Parliament.
The term of a member of Rajya Sabha is 6 years.

Miscellaneous
The Vice President of India (currently, Venkaiah Naidu) is the ex-officio Chairman of the Rajya Sabha, who presides over its sessions.
The Rajya Sabha held its first sitting on 13 May 1952.
Present Deputy Chairman of the Rajya Sabha: Harivansh Narayan Singh, JD(U)
Leader of the House (Rajya Sabha): Thawar Chand Gehlot, BJP since 12 June 2019. Note:
First Chairman of Rajya Sabha: Dr. Sarvepalli Radhakrishnan The members of Rajya Sabha
First Deputy Chairman of Rajya Sabha: Shri S.V. Krishnamoorthy Rao are disqualified by the
First Women Deputy Chairperson of Rajya Sabha: Smt Violet Alva President after seeking the
opinion from the Election
Shri N. Gopalaswami Ayyangar was the first Rajya Sabha’s leader of the house.
Commission.
Mallikarjun Kharge is currently the leader of the opposition in Rajya Sabha.

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 UNION EXECUTIVE & PARLIAMENT

LOK SABHA
Note:
This is also called the Lower House of the parliament. In January 2020, the Anglo-Indian
The maximum strength of Lok Sabha is 552. reserved seats in the Parliament and
Out of this 530 are the representatives of states directly elected by the people. State Legislatures of India were
20 members are the representatives of Union Territories directly elected by the people. discontinued through 104th
Remaining 2 members are nominated by the President from the Anglo-Indian community. Constitutional Amendment Act, 2019.
Present strength of Loksabha is 545 (530 (states) +13 (UT’S) + 2 (nominated).
All the citizens of India who are above the age of 18 are eligible to vote. Initially the voting age was fixed at 21. Through 61st
constitutional amendment this was reduced to 18.
The provision to nominate Anglo-Indians was to operate till 1960 only. Periodically it has been extended 10 years through the
constitutional amendments.
42nd Constitutional amendment Act of 1976 froze the allocation of seats in the Lok Sabha to the states and the division of each state into
territorial constituencies till the year 2000 at the 1971 census level.
84th Constitutional amendment Act of 2001 it was readjusted and the number of seats in Lok Sabha frozen up to the year 2026.
131 seats (24.03%) are reserved for representatives of Scheduled Castes (84) and Scheduled Tribes (47).
The term of Lok Sabha is 5 years from the date of its first meeting after general elections.
The President can dissolve the Lok Sabha at any time before the completion of 5 years. (Mid term election).
The term of Lok Sabha can be extended by the Parliament during National Emergency. This is for one year at a time for any length of
time.

Qualifications
1. Must be a citizen of India.
2. Must not less than 25 years of age.
3. Must possess other qualifications as prescribed by the
Parliament.
4. The Parliament has laid down additional qualifications in the
Representation of Peoples Act of 1951.
Must be registered as an elector for some parliamentary
constituency in India.
Miscellaneous
The Lok Sabha has its own television channel, Lok Sabha TV,
headquartered within the premises of Parliament.
The Lok Sabha (House of the People) was duly constituted for the
first time on 17 April 1952 after the first General Elections held
from 25 October 1951 to 21 February 1952.
Three sessions of Lok Sabha take place in a year:
1. Budget session: February to May.
2. Monsoon session: July to September.
3. Winter session: November to mid-December.

Disqualifications (Article 102)
If holds any office of profit under the Union or State government.
If the person is of unsound mind and stands so declared by a
court.
If the person is an un-discharged insolvent.
If the person is not a citizen of Indian or has voluntarily acquired
the citizenship of a foreign state.
If so disqualified under any law made by the Parliament.
With relation to the above disqualification the decision of the
President is final after obtaining the opinion of the election
commission.
The first hour of every sitting is called Question Hour.
The time immediately following the Question Hour has come to
be known as "Zero Hour".
1. It starts at around 12 noon (hence the name) and members can,
with prior notice to the Speaker, raise issues of importance
during this time.
2. Typically, discussions on important Bills, the Budget, and other
issues of national importance take place from 2 p.m. onwards.
As per Article 93 of Indian Constitution, the Lok Sabha has a
Speaker and a Deputy Speaker. o Present Speaker of the Lok
Sabha: Om Birla, BJP, since 19 June 2019.
Current there are no Deputy Speaker assigned to Lok Sabha (as of
November, 2019)
Leader of the Opposition: Vacant, as none of the opposition
parties has more than 10% of seats.
Ganesh Vasudev Mavalankar (27 November 1888 – 27 February
1956) popularly known as Dadasaheb was the first Speaker of the
Lok Sabha.
First Deputy Speaker of Lok Sabha: M. Ayyangar.
Meira Kumar (INC) was first ever woman speaker of Lok Sabha
and remained in office from 2009 to 2014.

Indian Polity
 STATE EXECUTIVE AND LEGISLATURE
STATE EXECUTIVE
Article 153-167 in Part V of the Constitution deal with the State Executive.
The State executive consists of the Governor, Cheif Minister, Council of Ministers & Advocate-General of State.

GOVERNOR OF THE STATE

The Constitution provides for an office of the Governor in the States (Article 153).
Usually, there is a Governor for each State, but the Constitution (seventh amendment) Act of 1956, facilitated the appointment of the same
person as a Governor for two or more States or Lt. Governor of the Union Territory.
A Governor is the chief executive head of a State, but like the President of India, he is a nominal executive head (or de jure or titular or
Constitutional head).
The Governor also acts as an agent of the Central Government and therefore, the office of the Governor hasa dual role.
The President of India appoints the Governor of a State.

Qualifications Legislative Powers

For becoming a Governor, an individual must have following
qualifications:
1. o He must be a citizen of India;
2. o He should be at least 35 years;
3. o He cannot hold any office of profit during the tenure.
Tenure
The Governor is appointed for a term of five years.
He/she can resign before the expiry of the term or may be
removed by the President earlier than completion of his term.
It must be noted that, while appointing or removing the Governor,
the President has to follow the advise of the Prime Minister.
Powers, Position and Role
The powers and functions of the Governor are categorised under
two heads namely,
1. As the head of the State – Executive, legislative, financial as well as
pardon powers.
2. As the representative of the Union Government.
Executive Powers
All the executive functions in the State are carried on in the name
of the Governor.
He/she appoints the Chief Minister and on his/her, advice appoints
the members of the Council of Ministers of the State.
He/she appoints the Advocate- General, and also the Chairman and
members of the State Public Service Commission on advice of the
Chief Minister.
He/she has the power to appoint judges of the courts, other than
the High Court.
He/she can dissolve the State Legislative Assembly on the
recommendation of the Council of Ministers headed by the Chief
Ministers.
He/she may address the session of the State Legislative Assembly.
He/She may nominate one member of the Anglo Indian Community
to the State Legislative Assembly.
He/she nominates one-sixth members of the total strength of the
Legislative Council if the Council exists in a State. Such nominated
members are individuals possessing special knowledge in the field
of literature,science, cooperative movement, social service as well.
The assent of the Governor is necessary for a bill to become a law.
In this regard, the Governor has the following options when he
receives a bill for his consideration:
1. He/she may give his assent to the bill, in which case the bill
becomes a law;
2. He/she can withheld the assent, in which case the bill fails to
become a law;
3. He/she can return the bill with his message to the State
Legislature, if it passes the bill in its original shape again or in a
modified form, the Governor has to give the assent to the bill;
4. He/she can reserve the bill for the consideration of the President.
Financial Powers
Money bill cannot be introduced in the State Legislative Assembly
without the prior permission of the Governor.
The annual and supplementary budgets are introduced in the
Assembly in the name of the Governor.
The Governor has the control over the State Contingency Fund,
without his assent the fund cannot be drawn upon.

Power of Pardon
The Governor possesses the power to grant pardon, reprieve, respites or remission of punishment or to suspend, remit or commute the
sentence of any person convicted by the Courts of any offence against any law relating to matters of the State.

Discretionary Powers
There are a few more powers which the Governor possesses as the representative of the Central or Union Government. These powers are
known as discretionary powers.
Under special circumstance that the Governor can act without the advice of the Council of Ministers. This means, these powers of the
Governor are exercised in his/her own discretion. They are mentioned below:
1. When in the opinion of the Governor there is breakdown of the constitutional machinery in the State. In that case, the Governor can report the situation to the
President for imposition of the President’s Rule in that State.
2. In case the Governor’s report is accepted by the President, and he/she proclaims emergency under Article 356, the State Council of Ministers stands removed, and the
State Legislative Assembly is either dissolved or suspended.
3. During such emergency, the Governor rules on behalf of the President as his agent.
4. When the Governor may reserve a bill for the consideration of the President.

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 STATE EXECUTIVE AND LEGISLATURE

CHIEF MINISTER AND COUNCIL OF

MINISTERS
As a real executive authority, the Chief Minister is called the head of the government.
He is assisted by his council of ministers who are a part of state executive along with Governor and Advocate-General of State.
Similar to Prime Minister who is the head of the government at the centre, the Chief Minister is the head of the government at the state
level.

CHIEF MINISTER
He is the head of the state government.
While the governor is the nominal executive of the state government, the person who becomes the chief minister is the real executive of
the government.
The real executive is called ‘de facto’ executive that means, ‘in fact, whether by right or not.’

Appointment
Just like the Prime Minister, provisions of whose appointment are not
mentioned in the Indian Constitution, Chief Minister’s appointment
particulars are not mentioned in the Constitution.
According to Article 164 in the Indian Constitution, Governor appoints
Chief Minister.
A leader of the party that has got the majority share of votes in the
assembly elections, is appointed as the Chief Minister of the state.
Term of Chief Minister’s office
The term of Chief Minister is not fixed and he holds his office during
the pleasure of the governor.
Governor cannot remove him any time.
Governor cannot even dismiss him till the time he enjoys the support
of the majority of the house.
When CM loses his majority support, he has to resign and Governor
dismisses him then.
Main function of the Chief Minister
He chairs the State Planning Board.
He is a vice-chairperson of the concerned zonal council by rotation,
holding that office for a period of one year at a time.
He is a member of Inter-State Council and National Development
Council, which are headed by the Prime Minister.
Points to remember
When no party gets a majority in the elections, governor
exercises his own discretion and appoint a Chief Minister
accordingly.
In a case where no party has won the majority votes,
Governor appoints the member of the largest party or one
from the coalition (if occurs) as the Chief Minister and then he
is given 1 month time to prove confidence in the house.
If the incumbent dies in the office, Governor at his own
discretion can appoint a Chief Minister however, the ruling
party nominates a member and Governor usually appoints
that person as the Chief Minister. This person then has to
prove confidence within a specified time.
A person not belonging to either house (Legislative Assembly
& Council) can also be appointed as the Chief Minister,
however, within six months of his tenure as a CM he should be
elected to either house without which he ceases to be a CM.
Chief Minister can belong to any house in the State
Legislature.

In Relation to the Council of Ministers

governor
decisions that are taken up by him and the council of ministers to the
Article 167 :- Chief Minister has to communicate all administrative
recommends Governor on the appointment of ministers

own discretion, no advice is needed by the council

is headed by the Chief Minister. Note: When the governor acts at his
Article 163 :- The governor is advised by the council of ministers, which
Article 164 :- Governor appoints Chief Minister and later Chief Minister

The Chief Minister is the head of state council of ministers. He performs the
following functions:
RELATIONSHIP BETWEEN CHIEF MINISTER AND THE

He recommends to the governor on who to appoint as ministers

He designates or reshuffles the portfolios of the ministers
He can ask a minister to resign
Meeting of the council of ministers is headed by him
All activities of the ministers are guided and controlled by the Chief
Minister
If he resigns, the entire council of ministers collapses.
GOVERNOR

In Relation to the Governor

In relation to the governor, the Chief Minister performs the following
functions:
He gives his advice to the governor for the appointment of the following
persons:
Advocate-General
Chairman of state public service commission
The state election commission, etc.

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 STATE EXECUTIVE AND LEGISLATURE

STATE COUNCIL OF MINISTERS

State Council of Ministers are similar to Central Council of Ministers.
The state council is headed by the Chief Minister.
The council comprises ministers appointed by the governor on the recommendation of the CM.

Appointment
They are appointed by the governor on the advice of the CM.
Governor also appoints a tribal affairs minister for the following states:
1. Chhattisgarh Points to remember
2. Jharkhand When the legislative assembly passed a no-confidence motion
3. Madhya Pradesh against the council, all the ministers of the council have to resign
4. Odisha including those belonging to Legislative Council too.
The council of ministers can advise the governor to dissolve the
Composition of Council of Ministers legislative assembly on the ground that the House does not
The size of the council is not mentioned in the Indian Constitution. represent the views of the electorate faithfully and call for fresh
Chief Minister decides the size and the rank of the ministers as per the elections. The governor may not oblige the council of ministers
requirement in the State Legislature. which has lost the confidence of the legislative assembly
There are three categories of Council of Ministers: Cabinet Ministers; Ministers
of State; Deputy Ministers

Collective Responsibility
The provision of collective responsibility is dealt with by Article 164.
The Article mentions that the council of ministers are collectively
responsible to the state legislature.

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 STATE EXECUTIVE AND LEGISLATURE

STATE LEGISLATURE
Notes
Parliament means the Lok Sabha, the Rajya Sabha and the President. As of November 2019, only six
Similarly State Legislature means states are bicameral. They are
The State Legislative Assembly or Lower House (Vidhan Sabha) Andhra Pradesh, Bihar, Karnataka,
The State Legislative Council or Upper House (Vidhan Parishad), and o The Governor Maharashtra, Uttar Pradesh, and
Telangana.
Majority of the states in India have only assembly and is called, unicameral system.
Unicameral System
The State Legislative Assembly (Vidhan Sabha)
The Governor

In any state if both the Assembly and the Legislative council are present it is called
bicameral system.
Bicameral System
The State Legislative Assembly
The State Legislative Council

LEGISLATIVE ASSEMBLY

Strength: (Number of Members) Election

The minimum strength of assembly is 60.
The maximum strength of assembly is 500.
The strength of assembly varies from state to state depending on
the population.
The strength of Uttar Pradesh assembly is 403. (Highest population)
The strength of Sikkim assembly is 32. (Lowest population).
In case of Nagaland the minimum strength is fixed at 46.
In case of Mizoram the minimum strength is fixed at 40.
In case of Arunachal Pradesh, Goa and Sikkim the minimum
strength is fixed at 30.
All the members in the assembly are directly elected by the people.
The Governor nominates one member from the Anglo-Indian
community.
Reservation
The seats are reserved for scheduled castes and scheduled tribes in
the assembly on the basis of population ratio.
Originally the reservation is valid for not more than for 10 years
from the date of commencement of the Constitution (January, 26,
2013).
But, the duration has been extended continuously.
Through 109th amendment in the year 2009, the reservation has
been extended up to January 25, 2020.
Through the same amendment (109th), the provision for nominating
Anglo-Indians is also extended up to January 25, 2020.

Term
The term of legislative assembly is 5 years.
Even before the completion of the term of 5 years the assembly may be dissolved by the Governor.
This period can be extended by any number of times but not more than 1 year at a time.

Qualifications for Legislative Assembly

He must be a citizen of India.
He must not be less than 25 years of age.
He must possess other qualifications prescribed by the Parliament.
As per the point number 3, the parliament has laid down the additional qualifications.
The additional qualifications are mentioned in the Representation of People’s Act of 1951.
A member of legislative assembly submits the resignation to the speaker.

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 STATE EXECUTIVE AND LEGISLATURE

SPEAKER
Qualifications Functions of The Speaker
He must be a member of the legislative assembly. Election The most important function of the Speaker is to maintain
The speaker is elected from amongst the members of state decency and decorum in the assembly.
legislative assembly. The Speaker adjourns the assembly or suspends the meeting in
The election of the speaker is conducted by the pro-tem speaker. the absence of quorum.
Speaker submits the resignation letter to the Deputy Speaker.
Deputy Speaker
The deputy speaker must be a member of Assembly.
Notes The deputy speaker is elected from amongst the members.
The Governor appoints Pro-tem The election of the speaker is conducted after the election of the
speaker. Generally, the senior speaker.
most member of the assembly is The deputy speaker election is conducted by the Speaker.
appointed as the pro-tem speaker. He acts as the speaker in the absence of the speaker.
The deputy speaker submits the resignation to the speaker.

LEGISLATIVE COUNCIL

The minimum strength is 40.

The maximum strength is 1/3rd of the total strength of the assembly.
In between the maximum and minimum the strength is fixed by the parliament.
The members of legislative council are elected indirectly.
1/6th of the total strength are nominated by the Governor.
1/3rd members retire at the end of every second year.
The term of a member of legislative council is 6 years.
The retiring members are eligible for reelection.

Additional Qualifications as per Representations of People’s Act:

A person to be elected to the legislative council must be an elector from an assembly constituency in the concerned state.
He must be a resident in the concerned state.

Disqualifications
Same as that of Assembly member.
 If he holds any office of profit under the Union or State
government.
If he is of unsound mind and stands so declared by a court.
If he is an un discharged 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.
If he is so disqualified under any law made by the Parliament.
An MLC submits the resignation to the Chairman of the legislative
council.

Chairman of Legislative Council

The chairman of the legislative council must be a member of the
legislative council.
The chairman is elected from amongst the members.
Note: This is unlike Rajya Sabha, where the Chairman is not a
member of the Rajya Sabha.
The Chairman submits the resignation to the deputy chairman.

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 STATE EXECUTIVE AND LEGISLATURE

STATE
CHIEF MINISTER

Andhra Pradesh Shri YS Jagan Mohan Reddy

Arunachal Pradesh Shri Pema Khandu
Assam Shri Himanta Biswa Sarma
Bihar Shri Nitish Kumar
Chhattisgarh Shri Bhupesh Baghel
Delhi (NCT) Shri Arvind Kejriwal
Goa Shri Pramod Sawant
Gujarat Shri Bhupendra Patel
Haryana Shri Manohar Lal
Himachal Pradesh Shri Jairam Thakur
Jharkhand Shri Hemant Soren
Karnataka Sri Basavaraj Bommai
Kerala Shri Pinarayi Vijayan
Madhya Pradesh Shri Shivraj Singh Chouhan
Maharashtra Shri Uddhav Thackeray
Manipur Shri N. Biren Singh
Meghalaya Shri Conrad Kongkal Sangma
Mizoram Shri Pu Zoramthanga
Nagaland Shri Neiphiu Rio
Odisha Shri Naveen Patnaik
Puducherry (UT) Shri N. Rangaswamy
Punjab Shri Charanjit Singh Channi
Rajasthan Shri Ashok Gehlot
Sikkim Shri PS Golay
Tamil Nadu Shri M. K. Stalin
Telangana Shri K Chandrasekhar Rao
Tripura Shri Biplab Kumar Deb
Uttar Pradesh Shri Yogi Aditya Nath
Uttarakhand Shri Pushkar Singh Dhami
West Bengal Km. Mamata Banerjee

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 STATE EXECUTIVE AND LEGISLATURE

STATE
GOVERNOR

Andhra Pradesh Shri Biswa Bhusan Harichandan

Arunachal Pradesh Brig. (Dr.) B. D. Mishra (Retd.)
Assam Prof. Jagdish Mukhi
Bihar Shri Phagu Chauhan
Chhattisgarh Sushri Anusuiya Uikey
Goa Shri P.S. Sreedharan Pillai
Gujarat Shri Acharya Dev Vrat
Haryana Shri Bandaru Dattatraya
Himachal Pradesh Shri Rajendra Vishwanath Arlekar
Jharkhand Shri Ramesh Bais
Karnataka Shri Thaawarchand Gehlot
Kerala Shri Arif Mohammed Khan
Madhya Pradesh Shri Mangubhai Chhaganbhai Patel
Maharashtra Shri Bhagat Singh Koshyari
Manipur Shri La. Ganesan
Meghalaya Shri Satya Pal Malik
Mizoram Dr. Kambhampati Haribabu
Nagaland Prof. Jagdish Mukhi
Odisha Prof. Ganeshi Lal
Punjab Shri Banwarilal Purohit
Rajasthan Shri Kalraj Mishra
Sikkim Shri Ganga Prasad
Tamil Nadu Shri R. N. Ravi
Telangana Dr. Tamilisai Soundararajan
Tripura Shri Satyadeo Narain Arya
Uttar Pradesh Smt. Anandiben Patel
Uttarakhand Lt. Gen. Gurmit Singh, PVSM, UYSM, AVSM,
VSM (Retd.)
West Bengal Shri Jagdeep Dhankhar

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 STATE EXECUTIVE AND LEGISLATURE

UNION TERRITORY
LT. GOVERNOR & ADMINISTRATOR

Andaman and Nicobar Island (UT) Admiral D K Joshi (Lieutenant Governor)

Shri Banwarilal Purohit (Administrator)

Chandigarh (UT)

Dadra and Nagar Haveli and Daman and Shri Praful Patel (Administrator)
Diu (UT)

Delhi (NCT) Shri Anil Baijal (Lieutenant Governor)

Shri Manoj Sinha (Lieutenant Governor)

Jammu and Kashmir (UT)

Lakshadweep (UT) Shri Praful Patel (Administrator)

Dr. Tamilisai Soundararajan (Addl.

Puducherry (UT)
Charge) (Lieutenant Governor)

Ladakh (UT) Shri Radha Krishna Mathur (Lieutenant

Governor)

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 UNION-STATE RELATIONS
(CENTRE-STATE RELATIONS)

India is a union of states.

The centre-state relations are divided into three parts, which are mentioned below:
1. Legislative Relations (Article 245-255)
2. Administrative Relations (Article 256-263)
3. Financial Relations (Article 268-293)

LEGISLATIVE RELATIONS ADMINISTRATIVE RELATIONS

(ARTICLE 245-255) (ARTICLE 256-263)

In legislative relations, there is a three tier divisions of power in
the Constitution.
We follow a system in where there are two subject lists describing
legislative powers, known as the Union List and the State List
respectively. There is an additional list called the Concurrent List.
Union List
Union list Include the matters on which only central government
can make legislations.
The state governments are bounded by these legislations. Union
list has 100 subjects on which it has exclusive authority to make
laws.
These include Foreign affairs, Defence, Armed forces,
Communications, Posts and telegraphs, inter-state trade and
commerce and so on.
State List
State list includes the matters on which the respective state
governments can make laws.
The state list consists of 61 subjects which include Public order in
the state, police, administration of justice, prisons, Local
Governments, agriculture and so on.
However, under some situations such as emergency, The Centre
will take over the State list as well.
Article 256 to 263 deals with the administrative relations between the
centre and the states.
Regarding Administration, State governments are like sub-ordinates to
the Centre. Central government gives directions to the State
governments in the course of administrative action.
The central government and so on directly administers even some
matters like railways, central excise, income tax, post and telegraph.
Hence, in administrative matters also Centre has the final say.
Centre-State Relations during Emergency
During a national emergency (under Article 352), the state government
become subordinate to the central government.
All the executive functions of the state come under the control of the
union government.
During a state emergency (under Article 356), the president can
assume to himself all or any of the functions of the Government of the
State and all or any of the powers vested in or exercisable by the
Governor or authority in the State other than the Legislature of the
State.
During the operation of financial emergency (under Article 360), the
Union may give directions to any State to observe such canons of
financial propriety as may be specified in the directions, and to the
giving of such other directions as the President may deem necessary
and adequate for the purpose.

Concurrent List
The Concurrent list includes the subjects on which both central
and state governments have the power to make laws.
The Concurrent list has 52 subjects which include Criminal and Civil
procedure, marriage and divorce, economic and special planning,
trade unions, labour welfare electricity, newspapers, books and
printing presses,population control and so on.
However, the centre has the sole powers to take over the
concurrent list if needed.

FINANCIAL RELATIONS
(ARTICLE 268-293)
Articles 268 to 293 in the Indian constitution deal with the financial aspect of centre-state relations in India.
It mainly deals with the imposition and collection of taxes.
These are categorised as follows:
1. Taxes levied by the centre but collected and used by the states: The stamp duties, Excise duties, medicinal and toilet preparations come under this.
2. Taxes levied and collected by the centre but given to the states: The property tax, taxes on goods carried by railways, Sea, airways and so on come
under this.
3. Taxes levied and collected by the centre but distributed between centre and states: Income tax other than corporate tax and such other residual
taxes come under this.
In addition to this, Centre also gives many grants and loans to the states from time to time.
Indian political system is federal but unitary.

Indian Polity
 INDIAN JUDICIARY
The feature Indian judiciary system is its hierarchical structure of courts. There are different levels of judiciary system in India empowered with
distinct type of courts.
The courts are divided into three categories with top court, middle court and lower court.
The top court is named as the Supreme Court, while the middle court is named as High Court, and the lower court is
named as District Court.

SUPREME COURT

HIGH COURT

Metropolitan Courts District & Session Court

Civil Criminal
Civil Criminal

City Civil Sessions Court

Courts (sessions District Court Sessions Court
Judge) (District (sessions
Judge) Judge)
Court of Chief Metropolitan
Smaller Court Sub Court Judicial Megistrate
Causes (Chief Metropolitan (Senior Civil Court
Judge) Judge) (First Class)
(Chief Judicial
Magistrate)
Principal Junior
Metropolitan Magistrate Court Civil Judge Court
(Metropolitan Magistrate First (Senior Civil Judge)
Class) Judicial Megistrate
Court
(Second Class)
Munsif Court (Junior Judicial
(District 2nd Class)
Munsif/Junior Civil
Judge)

Hierarchy of Courts in India

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 INDIAN JUDICIARY
THE SUPREME COURT OF INDIA

The entire judicature has been divided into three tiers.

At the top, there is a Supreme Court below it is High Court and the lowest rank is occupied by Session’s Court.

The Supreme Court is the highest court of law.

The Federal Court of India was created as per Government of India Act 1935.
After independence, the Federal Court and the Judicial Committee of the Privy Council were replaced by the Supreme Court of India, which
came into being in January 1950.
Dr. Rajendra Prasad, the first President of India, laid the foundation stone of the Supreme Court’s building on 29 October 1954.
The first CJI of India was H. J. Kania. The first woman judge of SC of India and also in Asia was the Fathima Beevi who was appointed to
Supreme Court in 1959.
The Supreme Court of India came into being on 28 January 1950.
Supreme Court of India is located in New Delhi.

Composition Qualification of Judges

Parliament has the power to make laws regulating the
constitution, organisation of the jurisdiction and powers of the
Supreme Court.
The number of judges can be increased as well as decreased by
Parliament.
The Constitution of 1950 envisaged a Supreme Court with one Chief
Justice and seven Puisne Judges.
The number of SC judges was increased by the Parliament and
currently, there are 34 judges including the Chief Justice of India
(CJI).
Appointment of Judges
The President is the appointing authority in the case of judges of
the Supreme Court.
Article 124(A). While making appointment of the Chief Justice of
India, he may consult such of the judges of the Supreme Court and
of the High Court’s as he might consider necessary.
In addition to regular judges, if the President feels that the
workload is heavy, he can appoint ad hoc judges as well.
He is also empowered to invite retired judges to attend the meeting
of the court.
As per Article 124, an Indian citizen who is below 65 years of age is
eligible to be recommended for appointment as a judge of the SC if:
He/she has been a judge of one or more High Courts, for at least 5
years, or
He/she has been an advocate in one or more High Courts for at
least 10 years, or
He/she is in the opinion of the President, a distinguished jurist.
Tenure of Judges
No minimum age is prescribed for appointment as a Judge of the
Supreme Court, nor any fixed period of office.
Once appointed, a Judge of the Supreme Court may cease to be so
on the happening of any one of the following contingencies; (other
than death)
1. (on attaining the age of 65 years;
2. on resigning his office by writing addressed to the President;
on being removed by the President upon an address to that effect
being passed by a special majority of each House of Parliament
Jurisdiction
The jurisdiction of the Supreme Court is of three kinds—Original,
Appellate and Advisory—apart from the jurisdiction to issue the
writs to enforce the fundamental rights.

Powers of the Supreme Court

1. Power to punish for contempt (civil or criminal) of court with simple imprisonment for 6 months or fine up to 2000.
Civil contempt means wilful disobedience to any judgment.
Criminal contempt means doing any act which lowers the authority of court or causing interference in judicial proceedings
2. Judicial review
To examine constitutionality of legislative enactments and executive orders. The grounds of review is limited by- Parliamentary legislation
or rules made by Supreme Court.
Deciding authority regarding election of President and Vice President
Enquiring authority in conduct and behaviour of UPSC members
Withdraw cases pending before high courts and dispose them itself
3. Appointment of ad hoc judges
Article 127 states that if at any time there is lack of quorum of Judges of Supreme Court, the CJI may with previous consent of the President
and Chief Justice of High Court concerned request in writing the attendance of Judge of High Court duly qualified to be appointed as Judge of
SC.
4. Appointment of retired judges of Supreme Court or high court
Article 128: The CJI at any time with the previous consent of the President and the person to be so appointed can appoint any person who
had previously held office of a Judge of SC.
5. Appointment of acting Chief Justice
Article 126: when the office of CJI is vacant or when the Chief Justice is by reason of absence or otherwise unable to perform duties of office,
the President in such case can appoint Judge of the court to discharge the duties of office.
6. Revisory Jurisdiction
The Supreme Court under Article 137 is empowered to review any judgement or order made by it with a view to removing any mistake or
error that might have crept in the judgement or order.
7. The Supreme Court is a court of record as its decisions are of evidentiary value and cannot be questioned in any court.

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 INDIAN JUDICIARY

Functions of the Supreme Court of India

It takes up appeals against the verdicts of the High Courts, other courts and tribunals.
It settles disputes between various government authorities, between state governments, and between the centre and any state
government.
It also hears matters, which the President refers to it, in its advisory role.
The SC can also take up cases suo moto (on its own).
The law that SC declares is binding on all the courts in India and on the Union as well as the state governments.

Removal of Supreme Court Judge

A judge of Supreme Court can be removed only from the office by the President on the basis of a resolution passed by both the Houses of
parliament with a majority of the total membership and a majority of not less than two-thirds of the members present and voting in
each house, on the grounds of proved misbehaviour or incapacity of the judge in question.
Hence, a democratic country like India needs a judiciary because democratic values tend to lose their prominence without proper checks
and balances.

HIGH COURT
The institution of high court originated in India in 1862 when the high courts were set up at Calcutta, Bombay and Madras.
1. The fourth one was established at Allahabad in 1866 and subsequently in other provinces in British India and then as they were called states
after independence.
The High Court is the highest judicial body in a State.
Article 214 of the Constitution provides that there shall be a High Court for each State.
Often there may be a common High Court for two or more than two States.
There are 25 High Courts in the country.
Three High Courts have jurisdiction over more than one State.
The Supreme Court has no direct administrative control over them, nor are they in any way controlled by either the State Legislatures or the
Executives.
Each High Court is a Court of Record and has power of such a court, including the power to punish for its contempt.
Among the Union Territories, Delhi alone has a high court of its own.

Composition Terms of Office

Each High Court consists of a Chief Justice and such other judges as
the President may, from time to time appoint.
Unlike the Supreme Court, there is no fixed minimum number of
judges for the High Courts. It varies from Court to Court and from
State to State.
Appointment of Judges
The Chief Justice of a High Court is appointed by the President in
consultation with the Chief Justice of India and the Governor of the
State.
While appointing other judges of the High Court, the President
consults the Chief Justice of the Supreme Court, the Governor of
the State and the Chief Justice of the concerned High Court.
The additional judges are often appointed in order to dispose of the
arrears cases.
To be eligible for the appointment of a Judge of a High Court the
person should have the following qualifications:-
1. He must be a citizen of India,
2. He must have held a judicial office in India for 10 years, or
3. He must have practiced as an advocate of a High Court for 10 years.
Fact
Calcutta High Court is the oldest in
the country and was established in
1862.
A Judge of a High Court holds office until ha attains the age of 62
years.
Originally, the Constitution had fixed the age requirement of a High
Court Judge at 60. But the Fifteenth Constitutional Amendment Act,
1963 raised it from 60 to 62 years.
It became necessary, as competent persons were reluctant to serve
as judges because of early retirement.
However, a judge may resign his office earlier by writing to the
President.
He may be removed from his office by the President when a
resolution to that effect is passed by the Parliament and presented
to the President.
This procedure is similar to the procedure through which a judge of
the Supreme Court is removed. Thus the service conditions of the
High Court judges are identical with those of the Supreme Court
judges.
A judge of a High Court may be transferred to another High Court
by the President after consultation with the Chief Justice of India.
A Judge of the High Court is prohibited from practice in Courts or
before any authority in India, except the Supreme Court and High
Courts of which he has not been a judge.
Thus in appointment, security, salary, pensions and other
privileges, the judges of the High Court are equipped with same
safeguards as the judges of the Supreme Court. This greatly
ensures their impartiality and independence.

Indian Polity
 PANCHAYATI RAJ INSTITUTIONS IN INDIA
Panchayati Raj is a system of rural local self-government in India.
It has been established in all the states of India by the acts of the state legislature to build democracy at the grass root level.
It is entrusted with rural development and was constitutionalized through the 73rd Constitutional Amendment Act of 1992.
24th April is celebrated as Panchayati Raj Diwas in India.
1. On the occasion, the Ministry will confer best performing Gram Panchayats with Rashtriya Gaurav Gram Sabha Puraskar.
Rajasthan in 1959 became the first state in India to launch the Panchayati Raj.
Jawaharlal Nehru inaugurated the institution of Panchayati Raj on October 2, 1959 in Nagaur District of Rajasthan.)
Andhra Pradesh became the second state to launch Panchayati Raj at Shadnagar near Hyderabad.

EVOLUTION OF PANCHAYATI RAJ

IN INDIA

Panchayati Raj was not a new concept to India.

“If we would see our dream
of Panchayat Raj, i.e., true
Indian villages had Panchayats (council of five persons) from very ancient time, which
democracy realized, we
were having both executive and judicial powers and used to handle various issues (land would regard the humblest
distribution, tax collection etc.) or disputes arising in the village area. and lowest Indian as being
Mahatma Gandhi advocated Panchayati Raj as the foundation of India’s political equally the ruler of India
system, as a decentralized form of government in which each village would be with the tallest in the land.”
responsible for its own affairs.
The term for such a vision was Gram Swaraj (“village self-governance”). ‘‘Panchayati Raj is seen as
1. Thus, recognizing their importance our Constitution makers included a provision for Good Governance at the
Panchayats in Part IV of our constitution (Directive Principles of State Policy). village level that can help in
Article 40 confers the responsibility upon State to take steps to organise Village developing any village’’.
Panchayats and endow them with such powers and authority as may be necessary to
enable them to function as units of self-government.
MAHATMA GANDHI
However, it does not give guidelines for organising village panchayats.
Thus, Balwant Rai committee, 1957, firstly recommended its formal organisation and
structure (Committee to examine the Community Development Programme, 1952).

COMMITTEES

BALWANT RAI MEHTA COMMITTEE ASHOK MEHTA COMMITTEE

The committee was appointed in 1957, to examine and suggest measures
for better working of the Community Development Programme and the
National Extension Service.
The committee suggested the establishment of democratic decentralised
local government, which came to be known as the Panchayati Raj.
Recommendations by the committee
Three-tier Panchayati Raj system: Gram Panchayat, Panchayati Samiti
and Zila Parishad. o Directly elected representatives to constitute the
gram panchayat and indirectly elected representatives to constitute the
Panchayat Samiti and Zila Parishad.
Planning and development are the primary objectives of the Panchayati
Raj system.
Panchayat Samiti should be executive body and Zila Parishad will act as
the advisory and supervisory body.
District collector to be made as the chairman of the Zila Parishad.
After this, Ashok Mehta Committee on Panchayati Raj was appointed in
December 1977 and in August 1978 submitted its report with various
recommendations to revive and strengthen the declining Panchayati Raj
system in the country.
The committee was appointed in 1977 to suggest measures to revive
and strengthen the declining Panchayati Raj system in India.
The key recommendations are:
Three-tier system should be replaced with two-tier: Zila Parishad
(district level) and the Mandal Panchayat (group of villages).
District level as the first level of supervision after the state level.
Zila Parishad should be the executive body and responsible for
planning at the district level.
The institutions (Zila Parishad and the Mandal Panchayat) to have
compulsory taxation powers to mobilise their own financial
resources.
Further, G V K Rao Committee appointed in 1985 again recommended
some measures to strengthen Panchayati Raj institutions.

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 PANCHAYATI RAJ INSTITUTIONS IN INDIA
G V K RAO COMMITTEE
The committee was appointed by the Planning Commission in 1985.
It recognised that development was not seen at the grassroots’ level
due to bureaucratisation resulting in Panchayat Raj Institutions
addressed as ‘grass without roots’.
Hence it made some key recommendations which are as follows:
Zila Parishad to be the most important body in the scheme of
democratic decentralisation.
Zila Parishad to be the principal body to manage the developmental
programmes at the district level. o The district and the lower level of
the Panchayati Raj system to be assigned with specific planning,
implementation and monitoring of the rural developmental
programmes.
Post of District Development Commissioner to be created. He will be the
chief executive officer of the Zila Parishad.
Elections to the levels of Panchayati Raj systems should be held
regularly.
LM Singhvi Committee appointed in 1986 first time recommended for the
constitutional status of Panchayati Raj institutions and it suggested for
constitutional provisions to ensure regular, free and fair elections to the
Panchayati Raj Bodies.
FEATURES OF 73RD AMENDMENT ACT 1992
The 73rd Amendment to the Constitution enacted in 1992 added a
new part-IX to the Constitution.
It also added a new XI schedule containing list of 29 functional
items for Panchayats and made statutory provisions for the
establishment, empowerment and functioning of Panchayati Raj
institutions.
Some provisions of this amendment are binding on the States,
while others have been left to be decided by respective State
Legislatures at their discretion.
The salient features of this amendment are as follows:
Organisation of Gram Sabhas;
Creation of a three-tier Panchayati Raj Structure at the District
(Zila), Block and Village levels;
Almost all posts, at all levels to be filled by direct elections;
Minimum age for contesting elections to the Panchayati Raj
institutions be twenty one years;
The post of Chairman at the District and Block levels should be
filled by indirect election;
There should be reservation of seats for Scheduled Castes/
Scheduled Tribes in Panchayats, in proportion to their population,
and for women in Panchayats up to one-third seats;
State Election Commission to be set up in each State to conduct
elections to Panchayati Raj institutions;
The tenure of Panchayati Raj institutions is five years, if dissolved
earlier, fresh elections to be held within six months; and
a State Finance Commission is to be set up in each State every five
years.
Term of a Panchayat
The Amendment provides for the continuous existence of Panchayats.
The normal term of a Panchayat is five years.
If a Panchayat is dissolved earlier, elections are held within six months.
Indian Polity
L M SINGHVI COMMITTEE
The committee was appointed by the Government of India in 1986 with
the main objective to recommend steps to revitalise the Panchayati Raj
systems for democracy and development.
The following recommendations were made by the committee.
The committee recommended that the Panchayati Raj systems should
be constitutionally recognised.
It also recommended constitutional provisions to recognise free and
fair elections for the Panchayati Raj systems.
The committee recommended reorganisation of villages to make the
gram panchayat more viable. o It recommended that village panchayats
should have more finances for its activities.
The V P Singh government also brought a bill, but fall of the government
resulted in lapse of the bill.
After this P V Narashima Rao’s government introduced a bill for this
purpose in Lok Sabha in September 1991 and the bill finally emerged as
the 73rd Constitutional Amendment Act, 1992 and came into force on
24th April, 1993.
In response to the recommendations of LM
Singhvi committee, a bill was introduced in
the Lok Sabha by Rajiv Gandhi’s government
in July 1989 to constitutionalize Panchayati
Raj Institutions, but the bill was not passed
in Rajya Sabha.
Composition of Panchayats
The Panchayati Raj system, as established in accordance with the
73rd Amendment, is a three- tier structure based on direct
elections at all the three tiers: village, intermediate and district.
Exemption from the intermediate tier is given to the small States
having less than 20.
Exemption from the intermediate tier is given to the small States
having less than 20 lakhs population. It means that they have
freedom not to have the middle level of panchayat.
All members in a panchayat are directly elected. However, if a State
so decides, members of the State Legislature and Parliament may
also be represented in a district and middle-level panchayats.
The middle-level panchayats are generally known as Panchayat
Samitis.
Provisions have been made for the inclusion of the chairpersons of
the village panchayats in the block and district level panchayats.
The provision regarding reservation of seats for Scheduled
Castes/Scheduled Tribes has already been mentioned earlier.
However, it should also be noted here that one-third of total seats
are reserved for women, and one-third for women out of the Quota
fixed for Scheduled Castes/Tribes.
 PANCHAYATI RAJ INSTITUTIONS IN INDIA

POWERS AND RESPONSIBILITIES OF PANCHAYATS

State Legislatures may endow Panchayats with such powers and authority as may be necessary to enable the Panchayats to become institutions of
self-government at the grassroots level.
Responsibility may be given to them to prepare plans for economic development and social justice.
Schemes of economic development and social justice with regard to 29 important matters mentioned in XI schedule such as agriculture, primary
and they may make secondary education, health and sanitation, drinking water, rural housing, the welfare of weaker sections, social forestry and
so forth.

THREE-TIER STRUCTURE OF PANCHAYATI

RAJ

VILLAGE/GRAM PANCHAYAT STRUCTURE OF PANCHAYATI RAJ

In the structure of Panchayati Raj, the Village Panchayat is the
lowest unit.
There is a Panchayat for each village or a group of villages in case
the population of these villages happens to be too small.
The Panchayat primarily consist of five representatives elected by
the people of the village.
The members of Gram Sabha elect the members of the Gram
Panchayat for a period of five years.
Only the people who are registered as voters and do not hold any
office of profit under the government are eligible for election to the
Panchayat.
There is also provision for co-option of two women and one
member of the Scheduled Castes and Scheduled Tribes, if they do
not get adequate representation in the normal course
As a body, the Panchayat is accountable to the general body of the
village known as Gram Sabha, which meets at least twice a year.
Every Panchayat elects a President or Sarpanch and a Vice-
President or Upsarpanch. In some states, the Sarpanch is directly
elected by the Gram Sabha either through the show of hands or
through secret ballot while in other states the mode of election is
indirect
The Sarpanch occupies a pivotal position in Gram Panchayat
system. He supervises and coordinates the various activities of the
Panchayat.
The Sarpanch is an ex-officio member of the Panchayat Samiti and
participates in its decision-making as well as in the election of the
Pradhan and of the members of various Standing Committees
He acts as the executive head of the Panchayat, represents it in the
Panchayat Samiti as its spokesman and coordinates its activities
and those of other local institutions like cooperatives.
Zilla Parishad District Level
Block & Panchayat Samiti Block Level
Gram Panchayat Village Level
Functions of Panchayat
All Panchayati Raj Institutions perform such functions as are
specified in state laws relating to Panchayati raj. Some States
distinguish between obligatory (compulsory) and optional functions
of Gram Panchayats while other States do not make this distinction.
The civic functions relating to sanitation, cleaning of public roads,
minor irrigation, public toilets and lavatories, primary health care,
vaccination, the supply of drinking water, constructing public wells,
rural electrification, social health and primary and adult education,
etc. are obligatory functions of village panchayats.
The optional functions depend on the resources of the panchayats.
They may or may not perform such functions as tree plantation on
roadsides, setting up of breeding centres for cattle, organizing child
and maternity welfare, promotion of agriculture, etc.
After the 73rd Amendment, the scope of functions of Gram
Panchayat was widened.
Such important functions like preparation of annual development plan of panchayat area, annual
budget, relief in natural calamities, removal of encroachment on public lands and implementation
and monitoring of poverty alleviation programmes are now expected to be performed by Gram
Panchayats.
Selection of beneficiaries through Gram Sabhas, public distribution
system, non-conventional energy source, improved Chullahs, biogas
plants have also been given to Gram Panchayats in some states.

PANCHAYAT SAMITI
The second tier of the Panchayati Raj, the Panchayat Samiti is the single representative of vigorous democratic institution to take charge of
all aspects of development in rural areas.
Usually a Panchayat Samiti consists of 20 to 60 villages depending on area and population.
The average population under a Samiti is about 80,000, but the range is from 35,000 to 1, 00,000
Generally, the Panchayat Samiti consists of about 20 members elected by and from the panchayats falling in the block area and two women
members and one member each from the Scheduled Castes and Scheduled Tribes to be co-opted, provided that they do not get adequate
representation otherwise.
The President of the Panchayat Samiti is the Pradhan, who is elected by an electoral college consisting of all members of the Panchayat Samiti
and all the Panchas of the Gram Panchayat falling within the areas.
The Up-pradhan is also elected. He ensures the implementation of the decisions and resolutions of the Samiti and its Standing Committees.

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 PANCHAYATI RAJ INSTITUTIONS IN INDIA
Functions of Panchayat Samiti
Panchayat Samitis are at the hub of developmental activities.
They are headed by Block Development Officers (B.D.Os).
Some functions are entrusted to them like agriculture, land improvement, watershed development, social and farm forestry, technical and
vocational education, etc.
The second type of functions relates to the implementation of some specific plans, schemes or programmes to which funds are earmarked.
It means that a Panchayat Samiti has to spend money only on that specific project. The choice of location or beneficiaries is, however, available to
the Panchayat Samiti.

ZILA PARISHAD Functions of Zila Parishad

Zila Parishad is the top-most tier of the Panchayati Raj System
Generally, the Zila Parishad consists of representatives of the
Panchayat Samiti; all the members of the State Legislature and the
Parliament representing a part or whole of the district; all district
level officers of the Medical, Public Works, Public Health,
Agriculture, Veterinary, Engineering, Education, and other
development departments
There is also a provision for special representation of women,
members of Scheduled Castes and Scheduled Tribes provided they
are not adequately represented in the normal course.
The Chairman of the Zila Parishad is elected from among its
members
The Zila Parishad, for the most part, performs co-ordinating and
supervisory functions.
It coordinates the activities of the Panchayat Samitis falling within
its jurisdiction.
In certain states, the Zila Parishad also approves the budgets of the
Panchayat Samitis.
Zila Parishad links Panchayat Samitis within the district.
It coordinates their activities and supervises their functioning.
It prepares district plans and integrates Samiti plans into district
plans for submission to the State Government.
Zila Parishad looks after development works in the entire district.
It undertakes schemes to improve agricultural production, exploit
ground water resources, extend rural electrification and distribution
and initiate employment generating activities, construct roads and
other public works.
It also performs welfare functions like relief during natural
calamities and scarcity, the establishment of orphanages and poor
homes, night shelters, the welfare of women and children, etc.
In addition, Zila Parishad perform functions entrusted to them under
the Central and State Government sponsored programmes.
For example, Jawahar Rozgar Yojna is a big centrally sponsored scheme for which money is directly given to
the districts to undertake employment-generating activities.

IMPORTANT KEY POINTS

Panchayati Raj first started Nagaur district of Rajasthan in 1959.
In India, first Municipal Corporation was set-up in Madras.
The duration of an elected body of Panchayati Raj is 5 Years.
Women gets special representation to Panchayati Raj institution 1/3rd of the total seats are reserved for them.
The establishment of Gram Sabha becomes mandatory by the 73rd Amendment of the Constitution.
The decision to hold Panchayat Election is taken by the State Government.
Mayor of Municipal Corporation holds the office for a period of 1 year.
The state shall take to organize village panchayats and endow them with such powers and authority as may be
necessary to enable them to function as units of Self- Government.
The Government has launched National Extension Service (NES) in the year 1953.
The Government has launched community development Programme (CDP) in the year 1952.
73rd amendment act is not applicable to the states of Jammu and Kashmir, Meghalaya, Mizoram, Nagaland
etc.
Maharashtra is the first state in the country where 33% reservation for women in Local Bodies.

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 CONSTITUTIONAL & NON-CONSTITUTIONAL
BODIES
CONSTITUTIONAL BODIES:
Election Commission, UPSC, SPSC, Finance Commission, Comptroller and Auditor General of India, Attorney General of India, Advocate
General of India, etc.
NON- CONSTITUTIONAL BODIES:
NITI Aayog, National & State Human Rights Commission, Central & State Information Commission, Central Vigilance Commission, Central
Bureau of Investigation, Lokpal and Lokyukta.

CONSTITUTIONAL
BODIES
ELECTION COMMISSION OF
INDIA
The Election Commission was established on 25th January 1950 in accordance with the Constitution.
It oversees the entire election and nomination procedures of Lok Sabha, Rajya Sabha, State Legislatures as well as the President and Vice
President
The Panchayat and Municipality elections are not supervised by the Election Commission.
Article 324 of the Indian Constitution deals with the powers of the Election Commission of India.

COMPOSITION AND APPOINTMENTS FUNCTIONS AND POWERS

The body is comprised of a Chief Election Commissioner and two Election Division of Constituencies.
Commissioners. Preparing up-to-date lists of all the valid voters
The President appoints the Chief Election Commissioner and the Election Notify dates & schedules of elections.
Commissioners. Declare the election results.
The concept of multi-member Commission has been in operation since Fix & Limit the election expenses & code of conduct.
1993, before that the commission only had a Chief Election Scrutiny of Nominations papers.
Commissioner. Settle down disputes referred by the President.
The Election Commissioner is assisted by the Deputy Election
Commissioner at the time of the election.
They enjoy the same status and receive salary and perks as available to
NOTE:-

Judges of the Supreme Court of India.

November 2013.
Voting Machines) and ballots. The NOTA option is being used since
Negative Vote’ by exercising the NOTA option in EVMs (Electronic
In 2013, SC passed a landmark judgment, approving the ‘Right to

25th January.
The Election Commission of India celebrates National Voters Day on
The salary is drawn from the Consolidated Fund of India.
They have tenure of 6 years, or up to the age of 65 years, whichever is
earlier.

Adding to these main responsibilities, the Election Commission of India also looks after the
following:
The main function of election commission is to conduct a fair election.
Election commission is responsible for declaring different important dates for election, vote
counting, and declaration of result.
Every party needs to be recognized by election commission. They need to register their
electoral symbol.
Election commission examines the expenses of the candidates for the election.
Before every election, election commission declares a code of conduct to be followed by the
parties.
They prepare and revises the voter list and also issues voter’s identity card.

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 CONSTITUTIONAL & NON-CONSTITUTIONAL BODIES
UNION PUBLIC SERVICE COMMISSION (UPSC)

The UPSC is basically the central recruiting agency in India, which is an independent, constitutional body.
This is the ultimate body responsible for conducting country’s prestigious exams like Civil Services Examination, National Defense
Academy, Examination and Engineering Services Examination etc.
The Indian Constitution mentions about the provisions for the composition, appointment, removal, powers and functions of the Union
Public Service Commission from Article 315 to Article 323 in Part XIV.
Under the Article 315 of the Indian Constitution, the Union Public Service Commission is to be constituted for the recruitment of the civil
services at the union level.

COMPOSITION ROLE OF UNION PUBLIC SERVICE COMMISSION

The UPSC consists of a Chairman and other members who are appointed It acts as a “watchdog of merit system in India”, as envisioned in
by the President of India. the Constitution of India.
Generally there are nine to eleven members including the Chairman. It is just concerned with the recruitment to the all-India services,
Presently there is a sanctioned strength of – One Chairman and Ten and also advises the government on promotion and disciplinary
members. matters when consulted.
The Chairman of UPSC is Arvind Saxena. He was appointed on November It should be noted here that, UPSC is not an authority to deal
2018 and will serve as the chairman till August 2020. with classification of services, pay and service conditions,
The Constitution mentions that – 50% of the members of UPSC should be training, cadre management, etc. These functions fall under the
those who have held government office for at least 10 years. It mentions purview of the Department of Personnel and Training.
no other qualification. Therefore, UPSC is just a central recruitment agency and not a
The President of India is empowered by the Constitution to determine central Personnel agency(Department of Personnel and Training
the conditions of service of the Chairman and other members of the performs this role).
public service commission at the time of their appointment.
All the members (including the Chairman) hold office for a six years FUNCTIONS OF UPSC
term, or until they attain the age of 65 years. It conducts exams for appointment to the All-India Services,
The members can also be removed by the President before the expiry of Public services of centrally administred territories and central
their term on the basis of either of the following four circumstances: services.
1. He/she goes bankrupt(insolvent). It assists the States (if requested by 2 or more states) in
2. He/she engages in any paid employment outside the official duties. formulating and implementing the schemes of joint recruitment
3. He/she becomes mentally or bodily infirm. for any services for selecting special qualification from
4. For misbehavior. (In this, the matter is enquired by the Supreme Court; if candidates.
he/she is found guilty the President can remove him/her). It can serve any or all needs of the state upon their Governor’s
request by permission of the President.
The UPSC consults the government upon matters related to
personnel management.
It is clear by the above mentioned provisions that the UPSC makes
recommendations which are only advisory in nature, hence, they are
not binding on the government. However, there is a safeguard – the
answerability of the Government to the Parliament for not heeding
the recommendations of the commission.

COMPTROLLER AND AUDITOR GENERAL OF

INDIA
The full form of CAG is Comptroller and Auditor General.
CAG is an authority established by the Constitution of India.
It audits the expenditure of government and creates a report on
it.
President of India appoints the cag on the recommendation of FUNCTIONS OF CAG
Prime Minister.
Comptroller and Auditor General ensures that no extra amount is
CAG takes his oath before the President of India.
expended without the sanction of parliament by auditing the
After a person is appointed as a CAG, he is not allowed to keep
accounts of government of India.
any positions in any government offices.
CAG also audits the accounts of the state government and the
The salary of a CAG is same as the salary of a judge of Supreme
accounts of the authorities substantially financed by the
Court.
government.
His status is also same as the status of a judge of Supreme Court.
He/She acts as the external auditor for the government owned
In Indian order of precedence, CAG is ranked ninth.
companies.
CAG can only be removed from his post by president of India on
the recommendation of parliament (supported by two third
majority of the total members of both the houses).
A person holds the office of CAG for maximum six years or up to
the age of 65.
The first CAG was V. Narahari Rao. The current CAG is Shri Rajiv
Mehrishi (13th).

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 CONSTITUTIONAL & NON-CONSTITUTIONAL BODIES
ATTORNEY GENERAL OF INDIA
Attorney General for India is the Indian government’s Chief Legal
Advisor, and its primary lawyer in the Supreme Court of India.
He is appointed by the President of India under Article 76(1) of
the Constitution and holds office during the pleasure of the
President.
He is part of Union Executive.
He must be a person qualified to be appointed as a Judge of the
Supreme Court or an eminent jurist, in the opinion of the
President and must be a citizen of India.
FUNCTIONS OF AGI
Attorney General is the first law officer of the government of India and
acts as top advocate for Union Government.
He is responsible for giving advice to President/ Union Government upon
such legal matters and to perform such other duties of legal character
which are assigned to him by the President.
He has right of audience in all courts within the territory of India.
He has also the right to speak and take part in proceedings of both the
houses of parliament including joint sittings.
But cannot vote in parliament.
Further, he can also be made a member of any parliamentary committee
but in the committee also, he has no power to vote.
He has all the powers and privileges that of a member of parliament.

ADVOCATE GENERAL OF STATES

Attorney General for India is the Indian government’s Chief Legal Advisor, and its primary lawyer in the Supreme Court of India.
He is appointed by the President of India under Article 76(1) of the Constitution and holds office during the pleasure of the President.
He is part of Union Executive.
He must be a person qualified to be appointed as a Judge of the Supreme Court or an eminent jurist, in the opinion of the President and
must be a citizen of India.
He usually resigns during change of government. He must be qualified to be judge of HC [hold a judicial office for 10 years within the
state].

DUTIES RIGHTS AND LIMITATIONS

Legal advisor to the government on matters which are referred to him by
the governor.
To discharge functions as assigned to him by constitution.
To appear on behalf of Govt of state in SC or HC when a case concerning
the government is decided.
He can attend house proceeding and speak in both houses but can’t vote.
He has right to be heard in all courts.
He enjoys all privileges of a member of the house.

LIMITATIONS ON HIM TO PREVENT CONFLICT OF INTEREST AND COMPLICATIONS

He should not advise or hold a brief against the Government of state.
He should not advise or hold a brief in cases in which he is called upon to advise or appear for the Government of state.
He should not defend accused persons in criminal prosecutions without the permission of the Government of state.
He should not accept appointment as a director in any company or corporation without the permission of the Government of state.
However it is not a full time post and he can engage in private legal practice. He can also be reappointed or is eligible for any other government
appointment after ceasing to hold office.

FINANCE COMMISSION OF INDIA

Finance Commission of India was constituted under the Finance Commission Act of 1951.
Finance Commission of India.

1951 under the chairmanship of KC Niyogi.

The first Finance Commission was constituted in

Dr. B.R Ambedkar, Father of Indian Constitution played a vital role in the formation of Finance
ShriN.K.Singh is the present chairman of 15th

Commission.
The Finance Commission comes under the Article 280 of Indian Constitution.
The Finance Commission was constituted mainly to give its recommendations on distribution of tax
revenues between the Union
and the States and amongst the States themselves.
Two distinctive features of the Commission’s work involve redressing the vertical imbalances
between the taxation powers and expenditure responsibilities of the centre and the States
respectively and equalization of all public services across the States.
The Finance Commission consists of 5 members.
The Finance Commission is appointed by the President of India.
The Chairman of Finance Commission is selected among people who have had experience of public
affairs.
The four other members are selected from among persons who–
1. are, or have been, or are qualified to be appointed as Judges of a High Court; or o have special
knowledge of the finances and accounts of Government; or
2. have had wide experience in financial matters and in administration; or
3. have special knowledge of economics

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 CONSTITUTIONAL & NON-CONSTITUTIONAL BODIES

NON-CONSTITUTIONAL
BODIES
NATIONAL INSTITUTION FOR TRANSFORMING INDIA (NITI)
AAYOG
NITI Aayog was established on 1st January 2015, which was a replacement of the Planning Commission.
It serves as an advisory body or a “Think Tank” of the government of India to advice on social and economic issues.

COMPOSITION OF NITI AAYOG

3. Full-Time Members:
2. Vice Chairperson: Dr Rajiv Kumar
Prime Minister of India
1. Chairperson: Hon'ble Shri Narendra Modi,
The NITI Aayog comprises the following:

Dr VK Paul
Prof. Ramesh Chand
Shri VK Saraswat

CURRENT COMPOSITION OF NITI AAYOG

Prime Minister of India as the Chairperson.
Governing Council comprising the Chief Ministers of all the States and Lt. Governors of Union Territories.
Regional Councils will be convened to address specific issues and contingencies impacting more than one state
or a region by the Prime Minister and will comprise of the Chief Ministers of States and Lt. Governors of Union
Territories in the region.
Experts, specialists and practitioners with relevant domain knowledge as special invitees nominated by the
Prime Minister.
The full-time organizational framework will comprise of, in addition to the Prime Minister as the Chairperson:
1. Vice-Chairperson to be appointed by the Prime Minister.
2. Full-time members.
3. Maximum of 2 part-time members from leading universities research organizations and other relevant
institutions in an ex- officio capacity.
4. Maximum of 4 members of the Union Council of Ministers to be nominated by the Prime Minister as Ex Officio
members.
5. Chief Executive Officer to be appointed by the Prime Minister for a fixed tenure, in the rank of Secretary to the
Government of India.
6. Secretariat as deemed necessary.

NATIONAL HUMAN RIGHTS COMMISSION

The National Human Rights Commission is responsible for the protection and promotion of human rights in India.
The Protection of Human Rights Act, 1993 states that the commission is the protector of "rights relating to life, liberty, equality and
dignity of the individual guaranteed by the Constitution or embodied in the International Covenants".

COMPOSITION OF NHRC
NHRC comprises of a chairman and four members. The chairman should be a retired Chief Justice of India.
The other members should be
1. One Member who is, or has been, a Judge of the Supreme Court of India
2. One Member who is, or has been, the Chief Justice of a High Court
3. two Members to be appointed from among persons having knowledge of, or practical experience in, matters related to human rights
Apart from these members, the Chairpersons of National Commission for Minorities, National Commission for SCs, National Commission
for STs and National Commission for Women serve as ex officio members.
President appoints the chairperson and members of the NHRC on the recommendation of a six member committee consisting of
The Prime Minister (chairperson)
The Home Minister
The Speaker of the Lok Sabha
The Leader of the Opposition in the Lok Sabha o The Deputy Chairman of the Rajya Sabha
The Leader of the Opposition in the Rajya Sabha

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 CONSTITUTIONAL & NON-CONSTITUTIONAL BODIES

CENTRAL VIGILANCE COMMISSION

Central Vigilance Commission (CVC) is an apex Indian governmental body created in 1964 to address governmental corruption,
monitoring all vigilance under the central government, and advising various authorities in central government organization in planning,
executing, reviewing their vigilance work.
It has the status of an autonomous body.
It was set up by the Government of India in February, 1964 on the recommendations of the Committee on Prevention of Corruption,
headed by Shri K. Santhanam Committee, to advise and guide Central Government agencies in the field of vigilance.
Nittoor Srinivasa Rau was selected as the first Chief Vigilance Commissioner of India.
The Central Vigilance Commissioner is to be appointed by the President of India.
He holds the office for 4 years.
He can be removed or suspended from the office by the President on the ground of misbehavior but only after the Supreme Court has
held an inquiry into his case and recommended action against him.

CENTRAL BUREAU OF INVESTIGATION

Central Bureau of Investigation (CBI) is an anti-corruption body in the country.

It looks the matters related to crime and it is also the Interpol agency in India.
The CBI has its Academy located at Ghaziabad, Uttar Pradesh.
The academy was established in 1966.
Over the years, it has emerged as a major police training institution.
CBI has also opened 3 Regional Training Centers (RTC) at Kolkata, Chennai & Mumbai.
The motto of CBI is "Industry, Impartiality and Integrity".
Rishi Kumar Shukla is the current director of the CBI.

STRUCTURE OF C.B.I
The CBI is headed by a director, an IPS officer with a rank of Director General of Police or Commissioner of Police (State).
The director is appointed for a term of two years.
The amended Delhi Special Police Establishment Act empowers a committee to appoint the director of CBI.
The committee comprises of the following people:
Prime Minister (chairperson)
Leader of Opposition
Chief Justice of India or a Supreme Court Judge recommended by the Chief Justice.

LOKPAL AND LOKYUKTA OF INDIA

The Lokpal and Lokyukta Act, 2013 seeks to provide for the establishment of Lokpal for the Union and Lokayukta for States to inquire
into allegations of corruption against certain public functionaries and for related matters.
The act extends to whole of India, including Jammu & Kashmir and is applicable to “public servants” within and outside India.
The act mandates for creation of
1. Lokpal for Union
2. Lokayukta for states
The former Supreme Court Judge Justice Pinaki Chandra Ghose is the first Lokpal of India.

Evolution of Lokpal and Lokyukta in India

For the first time, an office ombudsman was established in Sweden in Composition of the Lokpal
1809. The office of Lokpal consists of a chairperson and a maximum
In India, this concept was first proposed by the then law minister Ashok of 8 members.
Kumar Sen in the early 1960s. The Chairman and half of the members should be from legal
In 1966 the recommendations of the First Administrative Reforms backgrounds.
Commission suggested the setting up of independent authority for The 50% of the seats are reserved for SC, ST, OBC, minorities or
looking after the complaint against public functionaries. women.
In 2005 the 2nd ARC the chaired by Veerappa Moily also recommended
for provision of Lokpal.
In India for the first time, the Lokpal bill was introduced in the Lok
Sabha in 1968 but could be not passed, and till 2011 a total of eight
failed attempts were made to pass the Bill.
Finally, massive pressure from civil societies and demand from the
social groups resulted in the passing of the Lokpal and Lokyukta Bill,
2013.
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 CONSTITUTIONAL & NON-CONSTITUTIONAL BODIES
Criteria for selection of Chairperson
She/he should be either former Chief Justice of India or Judge of
the Supreme Court.
She/he should be an eminent person with impeccable integrity
and outstanding ability with at least 25 years experience in
matters related to anti-corruption policy, law, management etc.
Appointment of Chairperson and Members
The President appoints the chairperson and members on the
recommendation of a select committee consisting of the following:-
The Prime Minister
The Speaker of Lok Sabha
The Leader of Opposition in Lok Sabha
The Chief Justice of India
One eminent jurist appointed by the President

Term of Office
The Chairman and members of Lokpal hold office for five years or up-to the age of 70 yrs.
The salary, allowances and other condition of service of the chairperson shall be equivalent to the Chief Justice of India,
and members are comparable to the Judge of the Supreme Court.
All expenses are charged from the consolidated fund of India.

COMPARISON BETWEEN LOKAYUKTA & LOKPAL

Basis For Comparison Lokayukta Lokpal

Lokayukta is the body operating at state level, Lokpal is the body operating at central level,
Meaning set up to investigate individual's complaints established to investigate the civil servant or
against public servants or any politician with politician, against the corruption complaint
respect to corruption. lodged by any person.

Jurisdiction All the members of legislative assembly and All the members of Parliament and central
state government employees. government employees.

Appointment Governor President

Members It is a three member body. It comprise of a maximum of eight members.

Indian Polity