RRC Day 1 Lyst1713762958954

RAPID REVISION COURSE
INDIAN POLITY AND

GOVERNANCE
Polity and Governance weightage in last
8 prelims
50
45 44
40
36
35
32
30
30
26 26 26
25
22
20 18
16
15
15 13 13 13
12
10
6
5
0
2016 2017 2018 2019 2020 2021 2022 2023
Marks Questions
Year History Geography Polity Economy Science& Environment Current
technology Affairs
2016 15 7 8 17 9 17 27
2017 14 8 21 16 9 15 17
2018 22 10 14 18 10 13 13
2019 17 13 15 15 8 11 21
2020 20 9 16 14 10 10 21
2021 20 10 14 10 10 11 25
2022 16 14 10 15 14 15 26
2023 13 16 15 10 7 17 18
Themes (In terms of Priority Order)
• Basics of Constitution/ Constitutional Framework
• Union and State Legislature
• Union and State Executive
• Elections
• Centre State Relations
• Judiciary and Criminal Law
• Most Important Acts/Bills
• Bodies (Constitutional>Non Constitutional >Obscure )
Daily targets for RAPID REVISION
• Day 1 – Core Polity (Constitutional framework +Union and State
Legislature + Union and State Executive
• Day 2 – Governance – Judiciary and Criminal Laws
Elections,Panchayati Raj and Local Bodies + UT + Scheduled and
Tribal Areas) and terms, Non constitutional Bodies, Alternate
Dispute Redressal , Most imp laws passed in past 5 years.
• DAY 3- Social Issues – Schemes, Important laws and policies in
Social Sector.
Basics of Constitution/
Constitutional Framework
What is a Constitution?
• Modern democracies are based on the theory of constitutional government.
Constitution is a legal document having a special legal sanctity, which sets
out the framework and the principal functions of the organs of the
government of a state and declares the principles governing the operation of
those organs. It is the supreme law of the land.
2 Main kinds of
Constitutions in
Democratic world:
Post revolution:
Evolutionary: Those that
Formulated by a
have gradually grown
representative assembly
over time.
post revolution.
www.SleepyClasses.com 1800-890-3043
Purpose of Constitution:
Provide a set of basic rules that allow

for minimal coordination amongst the
members of the society
Purpose of
Constitution:
Specification of decision making

powers and how the government
will be constituted
Set Limitations on the power of

the government
Enable Government to fulfil the

aspirations of a society and create
conditions for a just society.
Expresses the fundamental

identity of the citizens
Constitution and Constitutionalism:
• Is having a Constitution a necessary and sufficient condition
for Constitutionalism?
• Constitutionalism is specific limitations on general
governmental powers to prevent exercise of arbitrary decision-
making. In one word ‘Limited Governance’ is the
Constitutionalism, which is supposed to reflect in the
Constitutional Law of a democratic state.
Constitution and Constitutionalism:
• 8 Principles of Constitutionalism
1. Popular Sovereignty
2. Rule of Law
3. Democratic Government (Responsible and Accountable)
4. Separation of Powers
5. Independent Judiciary
6. Civilian Control of the military
7. Police governed by law and judicial control
8. Respect for Individual rights
Fundamental Rights
Sub-Committee – J.B.
Kripalani
Jawaharlal Nehru: Union Powers Committee,
Union Constitution Committee, States Committee Minorities Sub-
Committees Committee – H.C.
Mukherjee
Sardar Patel: Provincial Constitution Committee,
Advisory Committee on Fundamental Rights, North-East Frontier Tribal
Major
Minorities and Tribal and Excluded Areas Areas and Assam Excluded
& Partially Excluded Areas
SubCommittee – Gopinath
Bardoloi
Dr. Rajendra Prasad: Rules of Procedure
Committee and Steering Committee Excluded and Partially
Excluded Areas (Other than
those in Assam) Sub-
Committee – A.V. Thakkar
Dr. B.R. Ambedkar: Drafting Committee including
other members- Sir Alladi Krishnaswamy Ayyar, K.M.
Munshi, T.T.Krishnamachari, Syed Muhammad
Saadullah, N. Madhava Rau and Gopalaswami
Ayyangar
• The Constituent Assembly also performed the following
functions:
1. It ratified the India’s membership of the Commonwealth in May 1949.
2. It adopted the national flag on July 22, 1947.
3. It adopted the national anthem on January 24, 1950.
4. It adopted the national song on January 24, 1950
Q.49 Consider the following statements in respect of the
Constitution Day: (2023)
Statement-I: The Constitution Day is celebrated on 26th
November every year to promote constitutional values among
citizens.
Statement-II: On 26th November, 1949, the Constituent
Assembly of India set up a Drafting Committee under the
Chairmanship of Dr. B.R. Ambedkar to prepare a Draft
Constitution of India.
Which one of the following is correct in respect of the above
statements?
(a) Both Statement-I and Statement-II are correct and Statement-II
is the correct explanation for Statement-I
(b) Both Statement-I and Statement-II are correct and Statement-II
is not the correct explanation for Statement-I
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement-II is correct
Q.49 Consider the following statements in respect of the
Constitution Day: (2023)
Statement-I: The Constitution Day is celebrated on 26th
November every year to promote constitutional values among
citizens.
Statement-II: On 26th November, 1949, the Constituent
Assembly of India set up a Drafting Committee under the
Chairmanship of Dr. B.R. Ambedkar to prepare a Draft
Constitution of India.
Which one of the following is correct in respect of the above
statements?
(a) Both Statement-I and Statement-II are correct and Statement-II
is the correct explanation for Statement-I
(b) Both Statement-I and Statement-II are correct and Statement-II
is not the correct explanation for Statement-I
(c) Statement-I is correct but Statement-II is incorrect
(d) Statement-I is incorrect but Statement-II is correct
Borrowed features of Constitution:
Feature of Indian Source of inspiration:
Constitution:
Federal Scheme, Office of governor, Judiciary, Public
Government of India Act
Service Commissions, Emergency provisions and
1935
administrative details.
Parliamentary government, Rule of Law, legislative
procedure, single citizenship, cabinet system,
United Kingdom
prerogative writs, parliamentary privileges and
bicameralism.
Fundamental rights, independence of judiciary, judicial
review, impeachment of the president, removal of
United States of America
Supreme Court and high court judges and post of vice-
president.
Federation with a strong Centre, vesting of residuary
powers in the Centre, appointment of state governors by
Canada
the Centre, and advisory jurisdiction of the Supreme
Court.
Directive Principles of State Policy, nomination of
Ireland members to Rajya Sabha and method of election of
president.
Feature of Indian Source of inspiration:
Constitution:
Concurrent List, freedom of trade, commerce and
Australia inter- course, and joint sitting of the two Houses of
Parliament.
Republic and the ideals of liberty, equality and
France
fraternity in the Preamble.
Suspension of Fundamental Rights during
Weimar Constitution
Emergency
Fundamental duties and the ideal of justice (social,

Soviet Union
economic and political) in the Preamble.
Procedure for amendment of the Constitution and

South Africa election of members of Rajya Sabha.
Japan Procedure established by Law.
Constitutional Morality:
• The doctrine of Constitutional Morality means
adherence to noble principles enshrined in a
constitution, principal interpretation of the constitution
in line with the ethos of constitutional democracy.
• Invoked in numerous cases such as- Keshvanada Bharati
judgment, the First Judges case as well as the recent
Navtej Johar and Sabrimala cases.
• Ex CJI Deepak Mishra- “that magnitude and sweep of
constitution morality is not confined to the provisions
and a literal text which a constitution contains, rather it
embraces within itself a virtue of a wide magnitude that
ushers in a pluralistic and inclusive society.”
• Ambedkar while underlining the importance of Constitutional
Morality in the Constituent Assembly invokes classic thinker George
Grote who talked of the concept in his 19th century book “A History of
Greece.”
• In Grote’s formulation, constitutional morality meant as:
All citizens will respect and adhere the constitution.
No own will disobey authorities acting under the constitution .
All citizens would have the unrestrained freedom to criticize

public officials in their duties.
All Public officials will have to act within the confines of the
constitution.
All the contenders for political power would respect the
constitution.
Commitment to liberty
Constitutional supremacy
and equality
Rule of Law
Responsible parliamentary form
of government
Judicial Review and Interpretation
Spirit of Constitution
Rule of Law and Principles of Natural
Justice
• ‘Law’ signifies a rule applied indiscriminately to all actions. It is a notional
pattern of conduct to which actions do or ought to conform.
Justice
• Salmond: - According to salmond “the law may be defined as the body of
principles recognized and applied by the state in the administration of
Justice.
• Common Law :
• The Common Law is a body of law derived from judicial decisions known
as case laws, rather than from statutes.
• The Common Law derived its authority from the universal consent and
practice of the people from time immemorial.
• This system of jurisprudence initially originated in England.
Justice
• Apart from these kinds of law, there are some other varieties
of law as follows:
• Natural or Moral Law
Natural Law is based upon the principle of right and wrong. It
embodies the principles of Natural Justice.
• Conventional Law
Conventional Law means any rule or system of rules agreed
upon by persons for regulation of their conduct towards each
other. For example, Indian Contract Act, 1872 deals with the
rules on making agreements.
Justice
• Customary Law
Any rule of action which is actually observed by
men/women when a Custom is firmly established, is
enforced by the State as law because of its general approval
by the people.
• Civil Law
The Law enforced by the State is called Civil Law. The force
of State is the sanction behind this Law. Civil Law is
essentially territorial in nature as it applies within the
territory of the State concerned
Based on its contents
• Substantive Law
Substantive Law deals with rights and obligations of the
individuals against the State and prescribes the offences and
punishments for the commission of such offences. For
example, India Penal Code, 1860 contains 511 Sections on
various offences and corresponding punishments for those
offences.
• Procedural Law
It deals with the practice and procedure having its objective to
facilitate the administration of justice. It is a process necessary
to be undertaken for enforcement of the legal rights and
liabilities of the litigating parties by a Court of Law. For
example, the Criminal Procedure Code, 1973 enshrines the
procedures to be followed to inflict punishment on the
wrongdoer.
Three postulates of Rule of Law – AV
Dicey
1. Supremacy of law
• As per the first postulate, rule of law refers to the lacking of
arbitrariness or wide discretionary power. In order to
understand it simply, every man should be governed by
law.
• According to Dicey, English men were ruled by the law and
the law alone and also where there is room for arbitrariness
and that in a republic no less than under a monarchy
discretionary authority on the part of the Government must
mean insecurity for legal freedom on the part of its subjects.
There must be absence of wide discretionary powers on the
rulers so that they cannot make their own laws but must be
governed according to the established laws.
Dicey
Definition as per UNSC
The ‘rule of law’ … refers to a principle of governance in
which all persons, institutions and entities, public and private
… are accountable to laws that are publicly promulgated,
equally enforced and independently adjudicated, and which
are consistent with international human rights norms and
standards.
Dicey
2. Equality before law
According to the second principle of Dicey, equality before
law and equal subjection of all classes to the ordinary law of
land to be administered by the ordinary law courts and this
principle emphasizes everyone which included government
as well irrespective of their position or rank.
But such element is going through the phase of criticisms and
is misguided.
As stated by Dicey, there must be equality before law or equal
subjection of all classes to the ordinary law of land. French
legal system of Droit Administrative was also criticized by
him as there were separate tribunals for deciding the cases of
state officials and citizens separately.
Dicey
3. Predominance of Legal Spirit
According to the third principle of Dicey, general principles of the
Indian Constitution are the result of the decisions of the Indian
judiciary which determine to file rights of private persons in
particular cases.
According to him, citizens are being guaranteed the certain rights
such as right to personal liberty and freedom from arrest by many
constitutions of the states (countries).
Only when such rights are properly enforceable in the courts of law,
those rights can be made available to the citizens.
Rule of law as established by Dicey requires that every action of the
administration must be backed and done in accordance with law.
In modern age, the concept of rule of law oppose the practice of
conferring discretionary powers upon the government and also
ensures that every man is bound by the ordinary laws of the land as
well as signifies no deprivation of his rights and liberties by an
administrative action.
Justice
• Natural Justice implies fairness, reasonableness, equity
and equality. Natural Justice is a concept of Common Law
and it is the Common Law world counterpart of the
American concept of ‘procedural due process’.
• Natural Justice represents higher procedural principles
developed by judges which every administrative agency
must follow in taking any decision adversely affecting the
rights of a private individual.
• There are mainly two Principles of Natural Justice. These
two Principles are:
• ‘Nemo judex in causa sua’. No one should be made a
judge in his own cause and the rule against bias.
• ‘Audi alteram partem’ means to hear the other party or
no one should be condemned unheard.
Side Note
• India has been ranked 77th out of 140 countries in 2022 by the World
Justice Project (WJP)
• The Rule of Law Index (ROLI) is released by the World Justice Project
(WJP), a US-based civil society group.
• It rates countries based on accountability of executives and respect for
fundamental rights of people.
• The index is prepared by examining these four principles through eight
factors: constraints on government powers, absence of corruption, open
government, fundamental rights, order and security, regulatory
enforcement, civil justice, and criminal justice.
Preamble of Indian
Constitution
Keywords in the Preamble
SOVEREIGN JUSTICE UNITY
SOCIALIST LIBERTY INTEGRITY
SECULAR EQUALITY
DEMOCRATIC FRATERNITY
REPUBLIC DIGNITY
Abrogation of Article 370:
• On August 15, 2019 Articles 370 and 35(A)
were nullified that gave the erstwhile state of
Jammu and Kashmir its special status and the
mandate to define its domicile rules.
In Part XXI of the Constitution: Temporary,
Transitional and Special Provisions
Under Article 370 of the Constitution of India, the President had
the power of issuing orders for the application of provisions of
the Constitution of India with modifications, exceptions and
amendments in the provisions.
The Constitution (Application to Jammu and
Kashmir) Order, 1954 was issued with the agreement
of the State's Constituent Assembly.
Provisions of Article 1 and Article 370 are applicable to the state of Jammu
and Kashmir.
Major Provisions
The power of Parliament to make laws for the state was limited to those
matters in Union and Concurrent lists that correspond to those in IoA-
external affairs, defence, communications and ancillary matters.
Apart from these matters, laws on matters in Union and Concurrent lists
specified by the President with concurrence with state government can be
made by the Parliament.
Other provisions of the Constitution can be applied to the state with exceptions
and modifications as specified by the President in consultation with the state govt.
Article 35A of the Indian Constitution empowered the Jammu and Kashmir states
legislature to define “permanent residents” and no act of the state legislature
coming under the ambit of Article 35A can be challenged for violating the Indian
Constitution or any other law of the land.
• On 5th August 2019, President of India in the exercise of the
powers conferred by Clause (1) of Article 370 of the
Constitution had issued the Constitution (Application to
Jammu and Kashmir) Order, 2019. Through this,
Government of India has made modifications in Article 370
itself.
• It supersedes the Constitution (Application to Jammu and
Kashmir) Order, 1954 as amended from time to time.
Subsequently, the Jammu and Kashmir Reorganisation
Bill, 2019, passed by Parliament divides the state of Jammu
and Kashmir into two new Union Territories (UTs):
Jammu & Kashmir, and Ladakh.
• State divided into two UTs- Jammu and Kashmir and
Ladakh. Of the six Lok Sabha seats currently with the state
of Jammu and Kashmir, five will remain with the union
territory of Jammu and Kashmir, while one will be allotted
to Ladakh.
UT of J&K- with
Assembly
It will no longer have

the separate
constitution, flag or
anthem.
Similar to Article
239 A of the
J&K Assembly will Section 32 of the J&K 2019 Constitution that is
have a five-year Act- Assembly can make applicable to Union
term. laws on any subjects in the Territories of
State and Concurrent Puducherry and
lists except on state subjects Delhi.
relating to “public order”
and “police”.
Article 370
Context:
• Recently, A Constitution Bench of the Supreme Court
unanimously upheld the validity of the Union
Government's 2019 decision to repeal the special status
of Jammu and Kashmir (J&K) under Article 370 of the
Constitution.
Article 370
Background:
What is Article 370?
• Article 370 under Part XXI of the constitution
guaranteed special status to the State of Jammu and
Kashmir by empowering it to have its own constitution
and restricting Parliament’s legislative powers in
respect of J&K.
• Clause 370 (1) (d) specifically stated that ‘such of the
other provisions of this Constitution shall apply in
relation to that State subject to such exceptions as the
President may by order specify’.
Article 370
Developments leading to bifurcation of Jammu &

Kashmir:
• The President issued Constitutional Orders 272 and 273
during the subsistence of a Proclamation under Article
356(1)(b). These orders have the effect of applying the
entire Constitution of India to the State of Jammu and
Kashmir and abrogating Article 370.
Article 370
5 August 2019: The President issued Constitutional

Orders 272 and 273, the Constitution (Application to
Jammu and Kashmir) Order 2019. By these
Constitutional Orders, the President in exercise of
powers under Article 370(1) of the constitution:
a. Applied all the provisions of the Constitution of India
to Jammu and Kashmir either with or without
modifications.
b. Modified Article 367(4), changing the term
“Constituent Assembly” in Article 370(3) to
“Legislative Assembly.”
Article 370
5 August 2019: The same day, the Parliament undertook

the following exercise in its capacity as the legislature of
the State, since proclamation under Article 356(1)(b) was
in effect (President Rule).
• The Rajya Sabha recommended to the President under
Article 370(3) that all clauses of Article 370 shall cease
to operate.
• The Lok Sabha also accepted the Jammu and Kashmir
Reorganisation Bill 2019 bifurcating the State of Jammu
and Kashmir into:
Article 370
a. the Union Territory of Jammu and Kashmir with

the Legislative Assembly.
b. the Union Territory of Ladakh without the
Legislative Assembly.
• The Rajya Sabha passed the Jammu and Kashmir
Reorganisation Act 2019.
6 August 2019: The Lok Sabha passed the Reorganisation
Act. And the Act was considered Passed by both the
houses.
Article 370
Analysis:
Key highlights of the judgement:
Is Article 370 a ‘temporary provision’ in the
constitution?
• The court held that Article 370 was meant to be a
‘temporary provision’ for two primary reasons.
o First, it served a transitional purpose which was to
make an interim arrangement to establish a
Constituent Assembly of Jammu and Kashmir
which would draft the State Constitution.
Article 370
o Second, it was meant to ease the integration of

Jammu and Kashmir into the Union of India in the
light of the prevailing war-like situation in the State
back in 1947.
• The court also pointed that, since the provision was
placed in Part XXI of the Constitution, titled
“Temporary, Transitional and Special Provisions”, the
intention of the Constitution framers was clear.
Article 370
Did Jammu and Kashmir have/retain any element of

sovereignty after its accession?
• The court held that:
o Jammu and Kashmir did not retain any element of
sovereignty after the execution of the Instrument of
Accession and the issuance of the Proclamation by
Yuvraj Karan Singh dated 25 November 1949 by
which the Constitution of India was adopted.
Article 370
o Jammu and Kashmir did not have ‘internal

sovereignty’ which is distinguishable from the
powers and privileges enjoyed by other States in
the country.
o Article 370 was a feature of asymmetric federalism
and not of Sovereignty.
o There is a clear absence in Jammu and Kashmir’s
Constitution of a reference to sovereignty.
Article 370
What is the power of the Parliament during President’s

Rule?
• The court held that:
o When a Proclamation under Article 356 is in force,
there are innumerable decisions which are taken by
the Union Government on behalf of the State
Government for the purpose of day-to-day
administration. Every decision or action taken by
the Union Executive on behalf of the State cannot
be subject to challenge.
Article 370
o The power of the Parliament in a State under the

President’s rule was not restricted to mere
lawmaking. It also extended to executive action.
o Neither the President nor the Parliament would be
“impeded by an absence of competence” while
assuming the legislative powers of the State
legislature during the operation of the President’s
Rule.
Article 370
Can a State be converted into a Union Territory?

Due to the assurance given by the Union government
that Jammu and Kashmir’s statehood would be restored
soon, the court did not go into the question.
The court upheld:
• The Jammu and Kashmir Reorganization Act, 2019 is
valid to the extent it carved out the Union Territory of
Ladakh out of the State of Jammu and Kashmir.
Article 370
• While exercising powers under Article 3 of the Constitution to

convert a State into one or more Union Territories, following
points must be borne in mind:
o The necessary effect of converting a State to Union
Territories which is that autonomy would be diminished.
o The historical context for the creation of federating units.
o Its impact on the principles of federalism and
representative democracy.
o Besides, such a conversion has to be justified by giving
very strong and cogent grounds.
Article 370
Was the concurrence of the State government required

to apply the provisions of the Constitution of India to
Jammu and Kashmir?
The court ruled that:
• The President in the exercise of powers under Article
370(3) of the Constitution can unilaterally notify that
Article 370 ceases to exist.
Article 370
• There was no requirement for the President to secure the

concurrence of the State government in this regard as
mandated by the provisos to Article 370(1)(d).The power
under Article 370(1)(d) can be used to apply one
provision, more than one provision, an entire Part of the
Constitution, or all the provisions of the Constitution (that
is, the entire Constitution).
• The Consultation and collaboration between President
and State government will only be necessary where the
application of the provisions of the Indian Constitution to
the State would require amendments to the State
Constitution.
Article 370
Conduction of Elections in Jammu and Kashmir:

• The court held that J&K’s statehood should be restored
as soon as possible and ordered that elections to the
legislative assembly of Jammu and Kashmir should be
held by September 30, 2024.
Article 370
Constitution of Truth and Reconciliation Commission:
The court mooted the constitution of a Truth-and-
Reconciliation Commission to address human rights
violations both by state and non-state actors in Jammu
and Kashmir since the 1980s.
The court held that:
o It was up to the government to decide how the
Commission must be set up.
o Once the commission is constituted, it should not ‘turn
into a criminal court’ and must offer a platform for
dialogue instead.
Article 370
Miscellaneous:
What is Article 35A?
• Article 35A is an exception, as mentioned in Article
370(1)(d), issued through Presidential Order in 1954
known as Constitutional Order No. 48 to continue the
old provisions of the territory regulations under Article
370 of the Indian constitution.
• It permitted the state legislature to define ‘permanent
residents’ of the region and grant them special rights
and privileges with respect to:
Article 370
o Employment under the State Government.
o Acquisition of immovable property in the State.
o Settlement in the State.
o Right to scholarships and such other forms of aid as
the State Government may provide.
Delimitation in Jammu and Kashmir
• The J&K Delimitation Commission submitted its
final report on May 5, 2022, two years after it was
appointed to redraw the electoral boundaries in
Jammu and Kashmir as per the mandate set by the
Jammu & Kashmir Reorganization Act, 2019.
• In the past, Delimitation Commissions were set up
in 1952, 1963, 1973, and 2002.
• The last time a delimitation exercise was carried out
in Jammu and Kashmir was in 1995, based on the
1981 Census.
• There was no Census in 1991 in J&K due to the
tense situation in the valley.
• In 2001, the Jammu and Kashmir Assembly passed a
law to put the delimitation process on hold till 2026.
• The present Commission, headed by retired Supreme
Court judge Ranjana Prakash Desai, was tasked with
delimiting the Assembly and Lok Sabha constituencies
in the UT of J&K based on the 2011 Census
• Before the abrogation of Article 370 delimitation of
its Assembly seats was carried out by the Jammu
and Kashmir Constitution and the Jammu and
Kashmir Representation of the People Act, 1957.
Key Recommendations
• J&K is split into two divisions, with Jammu having
43 Assembly seats and Kashmir 47.
• The total number of Assembly seats in the UT will
increase from 83 to 90.
• Commission has recommended the Centre to
nominate at least two Kashmiri Pandits to the
Legislative Assembly.
4. The panel has proposed nine seats for the
Scheduled Tribes (STs).
These will include six in Jammu (Budhal,
Gulabgarh, Surankote, Rajouri, Mendhar,
Thanamandi) and three in the valley (Gurez,
Kangan, Kokernag).
5. Seven seats have been reserved for the
Scheduled Castes (SCs) in the Jammu region.
6. The Commission has also recommended
that the government consider giving displaced
persons from Pakistan-occupied Jammu and
Kashmir representation in the Assembly
through nomination.
7. The Commission has noted that it has
considered the “Jammu & Kashmir region as
one single Union Territory”, and merged
Rajouri and Poonch (from Jammu division)
with the Anantnag constituency in the
Kashmir region.
The Government of National Capital
Territory of Delhi (Amendment) Act
2023
The act repeals the Government of National Capital Territory of Delhi
(Amendment) Ordinance, 2023 which was promulgated on May 19, 2023.
The act will retrospectively apply from May 19, 2023
Features
1. National Capital Civil Services Authority: The Bill establishes the
National Capital Civil Service Authority to recommend to the
Lieutenant Governor (LG) of Delhi:
(i) transfers and postings,
(ii) matters related to vigilance,
(iii) disciplinary proceedings, and
2023
Features
iv) prosecution sanctions of Group A officers of All India Services (except
Indian Police Service), and officers of Delhi, Andaman and Nicobar,
Lakshadweep, Daman and Diu and Dadra and Nagar Haveli (Civil)
Services.
Officers serving in connection with the subjects of police, public order, and
land will not come under the Authority’s purview
2023
Features
The Authority will consist of the:
(i) Chief Minister of Delhi as Chairperson,
(ii) Principal Home Secretary of Delhi as Member Secretary, and
(iii) Chief Secretary of the Delhi government as member.
The Principal Home Secretary and Chief Secretary are appointees of the
central government. All decisions of the Authority will be based on a
majority of votes of the members present and voting. The quorum for a
meeting will be two members.
2023
Features
•Powers of the Lieutenant Governor: Previosuly, Under the Act, matters
where the LG shall act on his discretion are: (i) matters outside the
legislative competence of the Delhi legislature but which have been
delegated to the LG, or (ii) matters where he is required by a law to act in
his discretion or exercise any judicial or quasi-judicial functions.
•The amendment act specifies that in these matters, the LG will act in his
sole discretion. It expands the discretionary role of the LG by giving him
powers to approve the recommendations of the Authority, or return them
for reconsideration. The LG’s decision will be final in the case of a
difference of opinion between him and the Authority. Additionally, the LG
has sole discretion over all his functions under the amendment act.
2023
Features
•Appointments and conditions of service: The Union Public Service
Commission will recommend appointments for Group A and B gazetted
posts. Appointments to Group B and Group C non-gazetted posts will be
recommended by the Delhi Subordinate Services Selection Board. Group
A includes senior management roles, Group B includes middle
management roles, and Group C includes clerical assistance roles. The
central government may make rules to provide for tenure of office,
qualification, salaries, powers and functions, transfer, and suspension of
officers of the Delhi government.
2023
Features
•Disposal of matters by Ministers: A Minister of the Delhi government
may issue standing orders for disposal of matters brought to his
attention. The order should be issued in consultation with the concerned
Department Secretary. Certain matters must be submitted to the LG,
through the Chief Minister and the Chief Secretary, for his opinion prior to
issuing any orders.
• These include proposals affecting: (i) the peace and tranquillity of Delhi,
(ii) relations between the Delhi government and the central government,
Supreme Court, or any state government, (iii) summoning, prorogation,
and dissolution of the Legislative Assembly, and (iv) matters where the LG
is to give an order in his sole discretion.
2023
Features
•Additionally, the concerned Department Secretary must bring certain
matters to the notice of the LG, the Chief Minister, and the Chief
Secretary. These include matters which may bring the Delhi government
into controversy with the central or any state government, the Supreme
Court, or the High Court of Delhi.
2023
Features
•Power to appoint: Under the act, the power to appoint authorities,
boards, commissions, statutory bodies, or office bearers will lie with: (i)
the President for any law of Parliament, and (ii) the LG for any law of
Delhi legislature, based on the recommendation of the Authority.
Citizenship
DOMICILE, RESIDENCE AND CITIZENSHIP
• CITIZEN of a given state is a person who enjoys full membership of political

community or state.
• DOMICILE – Domicile in India is an essential requirement for acquiring
Indian Citizenship.
• It is not defined in the Indian Constitution.
• Ordinarily, it means a permanent home or place where a person resides with
the intention of remaining there for an indefinite period/permanently.
DOMICILE, RESIDENCE AND CITIZENSHIP
• Domicile is different from citizenship. The person may possess one

nationality or citizenship and different domicile.
• Therefore Domicile is – Residence plus intention to stay
permanently/indefinitely.
• And Citizenship = Domicile + Other conditions
• Parliament shall have the power to make any
Article provision with respect to the acquisition and
11 termination of citizenship and all other matters
relating to citizenship.
• Accordingly, the Parliament has enacted

the Citizenship Act, 1955, which has been
amended in 1957, 1960, 1985, 1986, 1992,
2003, 2005, 2015 and 2019.
• The Citizenship Act 1955 provides for the
acquisition of citizenship in five ways: by
birth, descent, registration, naturalisation,
and the incorporation of territory.
• After the Assam Accord in 1985, an
amendment was made in 1986, which
inserted Section 6A, making way for a
sixth way.
•Born in India between 26th January 1950 to 1st
July 1987 irrespective of nationality of parents.
•Born in India from 1st July 1987 to 3rd December
By 2004 if either of his parents is a citizen of India at
the time of his birth.
Birth: •Born on or after 3rd December 2004 are
considered citizens of India only if both of their
parents are citizens of India or one of whose
parents is a citizen of India and the other is not
an illegal migrant at the time of their birth.
• Born outside India from 26th January 1950 to 10th

December 1992 if his father was a citizen of India at the
time of his birth.
• Born outside India from 10th December 1992 to 3rd
By December 2004 if either of his parents is a citizen of
India at the time of his birth.
Descent: • Born outside India on or after 3rd December 2004 his
birth is registered at an Indian consulate within one
year of the date of birth or with the permission of the
Central Government, after the expiry of the said period.
•A person (NOT ILLEGAL MIGRANT) can be registered as
citizen by giving an application to the central government if
he/she belongs to any of the categories:
•a person of Indian origin who is ordinarily resident in India for
seven years before making an application for registration;
•a person of Indian origin who is ordinarily resident in any
country or place outside undivided India;
Registration:
•a person who is married to a citizen of India and is ordinarily
resident in India for seven years before making an application
for registration;
•minor children of persons who are citizens of India;
•a person of full age and capacity whose parents are registered as
citizens of India;
•a person of full age and capacity who, or either of his parents,
was earlier citizen of independent India, and is ordinarily
resident in India for twelve months immediately before making
an application for registration;
•a person of full age and capacity who has been registered as an
overseas citizen of India cardholder for five years, and who is
ordinarily resident in India for twelve months before making an
application for registration.
• he is not a subject or citizen of any country where citizens of India are
prevented from becoming subjects or citizens of that country by
By naturalisation;
Naturalisat • if he is a citizen of any country, he undertakes to renounce the citizenship
of that country in the event of his application for Indian citizenship being
ion accepted;
through • Either resided in India or been in the service of a Government in India
application throughout 12 months immediately before application;
to GoI if: • During the 14 years immediately preceding the said 12 months, he has
either resided in India or been in the service of a Government in India for
not less than an aggregate of 11 yrs.
• good character + adequate knowledge of a language in VIII Schedule
• In case of naturalisation, intends to reside in India, enter/continue in,
service under a GoI or an international organisation of which India is a
member or under a society/company/ body established in India.
By
Incorporati • If any foreign territory becomes a part of India, GoI
on of specifies the persons who among the people of the
territory shall become the citizens of India from a notified
Territory: date.
• he is not a subject or citizen of any country where citizens of India are
prevented from becoming subjects or citizens of that country by
By naturalisation;
Naturalisat • if he is a citizen of any country, he undertakes to renounce the citizenship
of that country in the event of his application for Indian citizenship being
ion accepted;
through • Either resided in India or been in the service of a Government in India
application throughout 12 months immediately before application;
to GoI if: • During the 14 years immediately preceding the said 12 months, he has
either resided in India or been in the service of a Government in India for
not less than an aggregate of 11 yrs.
• good character + adequate knowledge of a language in VIII Schedule
• In case of naturalisation, intends to reside in India, enter/continue in,
service under a GoI or an international organisation of which India is a
member or under a society/company/ body established in India.
By
Incorporati • If any foreign territory becomes a part of India, GoI
on of specifies the persons who among the people of the
territory shall become the citizens of India from a notified
Territory: date.
The Assam conundrum:
Here PIO means a
Citizenship person who was
Assam Accord born in India or
(Amendment) Act,
signed in 1985 either of his
1985 parents or any of
his grandparents
• All PIOs who came to Assam before the 1st January, 1966 were born in Inida
from Bangladesh and who have been ordinarily residents
in Assam since the date of their entry into Assam shall be
deemed to be citizens of India as from the 1st January,
1966.
• Every PIO who came to Assam on or after the 1st
January, 1966 but before the 25th March, 1971 from
Bangladesh and who has been ordinarily resident in
Assam since the date of his entry into Assam and who
has been detected to be a foreigner shall register himself.
• Such a registered person shall be deemed to be a citizen
of India for all purposes as from the date of expiry of a
period of ten years from the date of detection as a
foreigner.
• But, in the intervening period of ten years, he shall have
the same rights and obligations as a citizen of India,
excepting the right to vote.
Clause 6 of Assam Accord: It envisaged that

appropriate constitutional, legislative and
administrative safeguards, shall be provided to protect,
preserve and promote the cultural, social, linguistic
identity and heritage of the Assamese people.
Foreigners Act 1946
• The MHA has amended the Foreigners (Tribunals) Order,

1964, and has empowered district magistrates in all States and
UTs to set up tribunals to decide whether a person staying
illegally in India is a foreigner or not.
• Earlier only the central government had these powers.
• Once a foreigner has been apprehended, he /she is produced
in the local court for staying illegally under the Passport Act
1920 and Foreigners’ Act 1946.
Foreigners (Tribunals) Amendment Order
2019
• The MHA has amended the Foreigners (Tribunals) Order,
1964, and has empowered district magistrates in all States and
UTs to set up tribunals to decide whether a person staying
illegally in India is a foreigner or not.
• Earlier only the central government had these powers.
• Once a foreigner has been apprehended, he she is produced in
the local court for staying illegally under the Passport Act 1920
and Foreigners’ Act 1946.
Foreigners (Tribunals) Amendment Order
2019
• The punishment ranges from imprisonment of three months
to eight years.
• Once the accused have completed their sentence, court orders
their deportation and they are moved to detention centres till
the country of origin accepts them.
• The amendment also empowers individuals to approach
tribunals.
Loss of Indian Citizenship:
If such a declaration is
• The Citizenship Act, 1955, prescribes three ways of made during a war in
which India is engaged,
losing citizenship whether acquired under the Act its registration shall be
or prior to it under the Constitution- withheld by the Central
Government.
• By any citizen of India of full age and capacity

through registration of a declaration renouncing
Indian citizenship.
By • When a person renounces his Indian citizenship,
Renunciation: every minor child of that person also loses Indian
citizenship.
• However, when such a child attains the age of
eighteen, he may resume Indian citizenship.
• When an Indian citizen voluntarily acquires the citizenship
of another country, his Indian citizenship automatically
By terminates.
termination: • This provision, however, does not apply during a war in
which India is engaged.
• It is a compulsory termination of Indian citizenship by the

Central government, if:
 the citizen has obtained the citizenship by fraud:
 the citizen has shown disloyalty to the Constitution of India:
By  the citizen has unlawfully traded or communicated with the
enemy during a war;
Deprivation:  the citizen has, within five years after registration of
naturalisation, been imprisoned in any country for two
years;
 the citizen has been ordinarily resident out of India for
seven years continuously.
• Considering India has single citizenship, the
recommendation of L.M. Singhvi committee regarding
Indian diaspora Persons of Indian Origin were
introduced.
Non-Resident Indian Person of Indian Origin
• Is an Indian citizen but the term non- • Is a foreign citizen (except a national of
resident refers to their tax status. Pakistan, Afghanistan, Bangladesh,
• As per section 6 of the Income-tax Act of China, Iran, Bhutan, Sri Lanka an/ or
1961, has not resided in India for a Nepal), who-
specified period of at least 182 days in a • at any time held an Indian passport (but
financial year or 365 days spread out over not currently) or
four consecutive years and at least 60 days • either of their parent/grandparents/ great-
in that year. grandparents were born and permanently
• The rates of income tax are different for resident in India as defined in GoI Act,
persons who are "resident in India" and for 1935 and other territories that became part
NRIs. of India thereafter provided neither was at
any time a citizen of any of the aforesaid
countries or
• is a spouse of a citizen of India or a PIO.
Multiple entry, multi-purpose lifelong visa to travel to India
Benefits of OCI status: Exemption from registration with the Foreigners Regional
Registration Office (FRRO).
Parity with NRIs for inter-country adoption of Indian children,

entry fees for national monuments, museums, historical sites.
Parity with NRIs for practising professions such as medicine,

dentistry, nursing, pharmacy, law, architecture and CA.
Can appear for the All India Pre-Medical Test or such other tests to
make them eligible for admission in Indian educational Institutes.
Parity with Resident Indian nationals in matters of payment of

domestic airfares and entry fees for visiting national parks and
wildlife sanctuaries in India.
Article 16 – Equal opportunity in terms of public employment
What rights OCI does
Article 58 – Election as President of India
not have
Article 66 – Election as Vice President of India
Article 124 – Appointment as Supreme Court Judge
Article 217 – Appointment as High Court Judge
Section 3 and 4 of Representation of People’s Act – Election as

MP/MLA and other public services unless specified.
Citizenship Amendment Act 2019:
Arrived in India on
Citizenship Amendment Act 2019 makes it easier to grant Indian or before
Citizenship to persons belonging to Hindu, Sikh, Buddhist, Jain, December 31, 2014.
Parsi and Christian communities who have migrated to India after
facing persecution on grounds of religion in Pakistan, Afghanistan Been ordinary
and Bangladesh, if they fulfil certain conditions. resident of India
for 5 years.
Exempted from Not applicable to to the tribal areas of

the Foreigners Act, 1946 and Assam, Meghalaya, Mizoram, and
the Passport (Entry into Tripura, included in the Sixth Schedule
India) Act, 1920 . and areas under Inner Line Permit.
Fundamental Rights
The State and Fundamental Rights:
• Article 12 of the Indian Constitution defines the
meaning of State with respect to Fundamental Rights:
Government and Parliament of India;
Government and legislature of states;
All local authorities that is, Municipalities, Panchayat,

District boards, improvement trusts, etc.
All other authorities, that is, statutory or non-statutory

authorities like LIC, ONGC, SAIL, etc.
Laws inconsistent with FRs:
All laws inconsistent/ in derogation of
Article 13 FRs shall be void.
Supreme Court (Art. 32) Kesavananda Bharati
Judicial Review High Courts (Art. 226)
case- Basic Structure
Doctrine
Pre-constitutional enactments
Laws by Parliament/state legislatures or ordinances by

President/ Governors
Statutory instruments- rules, bye-laws, notification etc.
Non-legislative laws like customs or usages

Article 15- Prohibition of Discrimination
• The State shall not discriminate against any
citizen on grounds only of religion, race, caste,
sex or place of birth. Limited to State
• No citizen shall be subjected to any disability,
liability, restriction or condition on grounds
only of religion, race, caste, ex, or place of birth Private
individuals too
with regard to:
1) Access to shops, public restaurants, hotels and
places of public entertainment;
2) Use of wells, tanks, bathing ghats, road and places
of public resort maintained wholly and partly by
state funds or dedicated to the use of general
public.
Exceptions- The State is permitted to make:
Special provisions for women and children e.g.; 103rd Constitution

Amendment added
reservation for women in PRIs etc. 15(6)- 10% reservation
for EWS in education
Special provisions for advancement of socially and educationally institutions.
backward classes or for SCs and STs such as reservation of seats in
public education institutions.
Special provisions for advancement of SEBCs or for SCs and STs

regarding their admission in educational institutions including
private (aided/unaided) except minority institutions.
Special provisions for advancement of EWS regarding admission

in educational institutions including private (aided/ unaided)
except minority educational institutions.
Article 16- Equality of Opportunity
in Public Employment
• It provides for equality of opportunity for
all citizens in matters of employment or
appointment to any office under the State.
• No citizen can be discriminated against or
be ineligible for any employment or office
under the State on grounds of only religion,
race, caste, sex, descent, place of birth or
residence.
Exceptions-
Parliament can prescribe residence as a condition for 103rd Constitution
certain employment or appointment in a state or UT or Amendment added
local authority or other authority. 16(6)- 10% reservation
for EWS in public
State can provide reservation of appointments or posts employment
in favour of any backward class that is not adequately
represented in the State services.
Law to provide that incumbent of an office related to religious or

denominational institution or a member of its governing body
should belong to that religion/ denomination.
State can make provision for reservations for EWS in

appointments and posts under the State.
Indira Sahwney Case :
• Judgement :
1. Article 16(4) is not violative of Article 16 (1 )
2. Article 16 (4) can be implemented by the executive wing of the union or the state.
3. Backward class can be identified on the basis of caste.
4. Creamy layer among OBC’s can be excluded.
5. The reservations contemplated in Article 16 (4) should not exceed 50 percent.
6. Reservation in promotion is constitutionally impermissible.
7. Make a permanent commission for OBC’s.
Constitutional Amendments
• 77th Constitutional Amendment 1995
Inserted a new Article 16(4)(A) that empowers the state to make a provision for
reservation in matter of promotion to any class or classes of posts in the service of the
state in favour of SC/ST.
• 81st Constitutional Amendment Act 2000
Inserted Article 16(4)(B).
It was fixed that reservation can exceed above 50 percent for SC, ST, OBC if backlog
vacancies could not be filled up in the previous years due to non availability of eligible
candidates.
• 85th Constitutional Amendment Act 2001
It provided for ‘consequential seniority’ in the case of promotion by the virtue of rule
of reservation for the government servants belonging to SC’s and ST’s.
Important judgments for Affirmative Action:
No. Case Name: Important provisions:
1. Champakan Dorairajan Supreme Court observed that while Article

case (1951) 16(4) provides for reservations in favour of backward
class of citizens, no such provision was made in Article
15. Led to Parliament adding Article 15 (4)
2. Indira Sawhney case • It upheld 27% reservation for OBCs but excluded the
(1993) advanced sections of OBCs (creamy layer) from it.
• Total reservation should not exceed 50% except in
extraordinary circumstances.
• Required establishment of a permanent statutory body
to look onto the demands of OBCs- NCBC in 1993.
• No reservation in promotion- over-ruled by 77th CAA
in 1995.
• Carry forward rule should not violate the 50% ceiling
which was over-ruled by 81st CAA in 2000.
No. Case Name: Important provisions:
3. M. Nagraj case (2006) For providing quota in promotion under Article 16, the
states must provide:
• quantifiable data on the backwardness of SCs and STs.
• facts about their inadequate reservation
• overall administrative efficiency
• not breach the ceiling-limit of 50%or obliterate the
creamy layer or extend the reservation indefinitely.
4. Jarnail Singh case • It held that Indra Sawhney does not allow for the
(2018) collection of quantifiable data as a pre-requisite for
granting reservations in promotions.
• The Bench clarified that the second condition of states
giving quantifiable data with respect to inadequate
representation still stands and that inadequacy of
representation has to be in relation to specific cadre
and not in proportion to SC/ST population in the
State.
• The Court read creamy layer exclusion as an
ingrained principle of Equality and applies to
SC/STs.
Supreme Court, in a majority verdict, upholds
constitutional validity of EWS quota
Context
• A Constitution Bench of the Supreme Court recently, in a 3:2
majority decision, upheld the validity of the 103rd
Constitutional Amendment which provides 10% reservation in
government jobs and educational institutions to the
economically weaker sections of the society.
Supreme Court, in a majority verdict, upholds
constitutional validity of EWS quota
• Background: The amendment was challenged,
and the challenge was referred to a five-judge
Constitution Bench in August 2020.
What was this amendment about?
• The 103rd Amendment inserted Articles 15(6)
and 16(6) in the Constitution to provide up to 10
per cent reservation to the economically weaker
sections (EWS) among non-OBC and non-SC/ST
sections of the population.
Mungerilal Commission And Bihar
Caste Survey
Context:
• Recently, The Government of Bihar published the
findings of the ‘Bihar Caste-based Survey 2022’ and
Mungeri Lal Commission report was again brought to
the fore.
Caste Survey
Background:
• In 1971, The Mungeri Lal Commission was set up by The
Government of Bihar to identify and categorize the socially
and educationally backward classes in the state. The
commission was headed by Justice Mungeri Lal.
• In 1978, The commission submitted its report to the state
government. The Mungeri Lal Commission report:
o Included 128 castes among “backward classes”.
o Out of these, 68 were kept in the category of the “most
backward castes”.
Caste Survey
o The breakdown of reservation was 12 per cent for the
most disadvantaged, 8 per cent for the most
disadvantaged within the backward classes, 3 per cent for
the poorest members of upper castes, and 3 per cent for
women.
• Note 1: Karpoori Thakur, the then Chief Minister of Bihar as

well as the one to set up the Mungeri Lal Commission, was
the first political leader to implement “quota within quota”
reservation.
• He was also the first to introduce reservation for
economically weaker sections, based on the findings of
Mungeri Lal Commission.
Caste Survey
• Note 2: In 2019, Inspired by Karpoori Thakur’s formula, the
present Central Government implemented a 10 per cent
reservation for Economically Weaker Section.
Caste Survey
Analysis:
The Mungeri Lal Commission report was a landmark
document in the history of Bihar. It was the first time that a
comprehensive study of the SEBCs had been conducted in the
state. The report's findings:
 Helped to raise awareness of the plight of the SEBCs.
 Helped to galvanize the SEBC movement in India and led to
the demand for SEBC reservation becoming a major
political issue.
 Led to a number of policies and programs being
implemented to improve their social and economic status
especially the Mandal Commission.
Caste Survey
Associated Additional Information:
Findings of Bihar Caste-based Survey 2022:
The data indicates that:
 Extremely Backward Class (EBC) comprises the maximum of
the population and stand at 36%.
 They are followed by Other Backward Class (OBC) comprise
27.12% of the population.
 The Schedules Caste are at 19.6518% of the population.
Caste Survey
 The Scheduled Tribe are at 1.6824% of the population.
 The General Caste population stands at 15.5224%.
 In terms of Religion:
 The Hindus comprise 81.9986% of the population.
 The Muslims comprise 17.7088% of the population.
Caste Survey
 SC on Bihar Caste Census –Youth for Equality versus State
of Bihar
 On 1 August 2023, the Patna High Court upheld the validity
of the survey, allowing it to resume. The court held that the
state government is competent to conduct caste-based
surveys for the purpose of uplifting backward communities.
 The High Court relied on Indra Sawhney v Union of India
(1992), which recognised that there can be a reasonable
method and procedure for the identification of
backwardness in society. The judgement had confirmed that
these methods could be based on caste.
 On October 6 2023, the Supreme Court Bench listed the case
for hearing in January 2024.
Caste Survey
 The Patna High Court underscored that the state

government cannot wait on their “haunches” while waiting
for the Union government’s census to implement proactive
measures in its services, in accordance with Articles 15 and
16. Those articles, which prevent discrimination based on
religion, race, caste, sex, or place of birth, and ensure equal
opportunities in public employment, inherently include
provisions for advantageous programs benefiting socially
and educationally disadvantaged groups.
Article 17- Abolition of Untouchability:
• Article 17 abolishes ‘untouchability’ and forbids its
practice in any form. The enforcement of any disability
arising out of untouchability shall be an offence
punishable in accordance with law.
In 1976 amended and
Untouchability
expanded as the Protection
(Offences) Act, 1955 of Civil Rights Act, 1955
• ‘Untouchability’ has not been defined either in the

Constitution or in the Act.
• However, the Mysore High Court held that the subject matter
of Article 17 is not untouchability in its literal sense but the
‘practice as it had developed historically in the country’.
Article 18- Abolition of Titles:
• Article 18 abolishes titles and makes four provisions
in that regard:
Prohibits the state from conferring any title (except a military or
academic distinction) on any body whether a citizen or a foreigner.
Prohibits a citizen of India from accepting any title from any foreign
state.
A foreigner holding any office of profit or trust under the state cannot
accept any title from any foreign state without the consent of the
President.
No citizen or foreigner holding any office of profit or trust under the
State is to accept any present, emolument or office from or under any
foreign State without the consent of the President.
Right to Strike
• Kerala High Court reiterated that government employees

who participate in general strikes that disrupt normal life
and the Public Exchequer are not protected under Article
19(1)(c) of the Constitution and are also in violation of the
Kerala Government Servants' Conduct Rules, 1960.
Right to Strike
• Employees go on strike when they refuse to work under

the conditions set by their employers.
• Strikes occur for a variety of reasons, the most common of
which are economic conditions (defined as an economic
strike and intended to improve wages and benefits) or
labour practises (intended to improve work conditions).
• However, this right should only be used as a last resort
because if it is abused, it will disrupt the industry's
production and financial profit.This would eventually
have an impact on the country's economy.
Right to Strike
• According to Article 19 of the Indian Constitution, the

right to protest is a fundamental right.
• However, the right to strike is a legal right, not a
fundamental right, and it is subject to statutory
restrictions under the Industrial Disputes Act of 1947.
• The right to strike in the Indian constitution set up is not
an absolute right but it flows from the fundamental right
to form a union.
Article 19
Right under Article 19 Reasonable Restriction
Freedom of Speech and Expression • sovereignty and integrity of India,
security of the state,
• friendly relations with foreign states,
• public order, decency or morality,
• contempt of court,
• defamation, and
• incitement to an offence.
Freedom of Assembly • sovereignty and integrity of India.

• public order including the
maintenance of traffic in the area
concerned.
• Section 144 of Criminal Procedure
Code (1973)
• Section 141 of the Indian Penal Code.
Article 19
Right under Article 19 Reasonable Restrictions
Freedom of Association • sovereignty and integrity
of India,
• public order or morality.
Freedom of Movement • interests of general public

and,
• the protection of interests
of any scheduled tribe
Freedom of Residence • the interest of general
public,
• the protection of interests
of any scheduled tribes
Article 19
Right under Article 19 Reasonable Restrictions
Freedom of Profession • prescribe professional or
technical qualifications
necessary for practising
any profession or carrying
on any occupation, trade
or business; and
• carry on by itself any
trade, business, industry
or service whether to the
exclusion (complete or
partial) of citizens or
otherwise
Right to Strike
• As every other fundamental right is subject to reasonable

restrictions, the same is also the case to form trade unions
to give a call to the workers to go on strike and the state
can impose reasonable restrictions.
• The Industrial Dispute Act of 1947 has been superseded
by The Industrial Relations Code of 2020.
1st Constitutional
Amendment Act 1951
1. Empowered the state to make special
provisions for the advancement of socially and
economically backward classes. (Article 15)
2. Provided for the saving of laws providing for
acquisition of estates, etc. (Article 31 A)
3. Added Ninth Schedule to protect the land
reform and other laws included in it from the
judicial review. (Article 31 B)
4. Public order, friendly relations with foreign
states and incitement to an offence.(Article 19(2))
1st Constitutional
Amendment Act 1951
5. State trading and nationalization of any trade or
business by the state is not to be invalid on the
ground of violation of the right to trade or
business.(Article 19 (6))
Special Note :
Section 124 A of Supreme Court recently suspended the
pending criminal trials and court
IPC (Sedition Law) proceedings under sedition law.
It allowed government to reconsider the law
No new FIR’s will be filed for sedition and

Sedition Law all pending cases will be on hold.
The law was originally drafted in 1837 by

Thomas Macaulay but was not included in
initial IPC of 1860.
Section 124 A was inserted in 1870 by an

amendment.
Sedition Law
• It defines sedition as an offence committed
when "any person by words, either spoken or
written, or by signs, or by visible
representation, or otherwise, brings or
attempts to bring into hatred or contempt, or
excites or attempts to excite disaffection
towards the government established by law in
India".
• Disaffection includes disloyalty and all
feelings of enmity. However, comments
without exciting or attempting to excite
hatred, contempt or disaffection, will not
constitute an offence under this section.
Sedition Law
• It is a non bailable offence. Punishment under
Section 124 A ranges from imprisonment upto
three years to a life term to which a fine may
be added.
• A person charged under this law is barred
from a government job.
• Person’s passport is revoked.
Section 152 of BNS
• Acts endangering sovereignty unity and integrity of India.
• Whoever, purposely or knowingly, by words, either spoken or

written, or by signs, or by visible representation, or by electronic
communication or by use of financial mean, or otherwise, excites
or attempts to excite, secession or armed rebellion or subversive
activities, or encourages feelings of separatist activities or
endangers sovereignty or unity and integrity of India; or
indulges in or commits any such act shall be punished with
imprisonment for life or with imprisonment which may extend
to seven years and shall also be liable to fine.
• Explanation.––Comments expressing disapprobation of the

measures, or administrative or other action of the Government
with a view to obtain their alteration by lawful means without
exciting or attempting to excite the activities referred to in this
section do not constitute an offence under this section.
Article 19 scope expanded
• By ruling that a citizen can seek enforcement of the
fundamental rights to freedom of speech not just against
the state, the Supreme Court has, effectively, extended the
ground for seeking these rights against other citizens.
• “A fundamental right under Article 19/21 can be enforced

even against persons other than the State or its
instrumentalities,” said the 4-1 majority ruling.
• The court took this view while ruling that the right of free
speech and expression guaranteed under the Article
19(1)(a) cannot be curbed by any additional grounds other
than those already laid down in Article 19(2).
Haryana Quota unconstitutional – Punjab
and Haryana High Court
• The Punjab & Haryana High Court declared the 75% domicile reservation
for locals in Haryana in the private sector jobs having a monthly salary of
less than Rs 30,000 as "unconstitutional.“
• The bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan
said that the "law (the Haryana State Employment of Local Candidates
Act, 2020) is unconstitutional and violative of the part-III of the
Constutition.
• The Court decided on four issues, which are as follows:
1. Whether the Writ Petitions are maintainable.
2. Whether the State has legislative competence to pass the Impugned Act
in light of Article 35 read with Entry 81 of List 1 of the Seventh Schedule.
3. Whether the State can implement reservation policy in the private

sphere.
4. Whether the Act amounts to a reasonable restriction.

• The Act was introduced in the State Assembly in 2020.
• The court stated “freedom given under Article 19 of the Constitution of India
could not be taken away and the impugned provisions are falling foul and are
liable to be declared unconstitutional as a wall could not be built around by the
State and the spirit and sole of the oneness of the Constitution of India could not
be curtailed by the parochial limited vision of the State.“
• The term fraternity connoting a sense of common brotherhood is to embrace all
Indians and a blind eye could not be turned to other citizens of the country
irrespective of the State they belong to.
• Grounds of Judgement
1. There is a specific bar to the legislature of the State under Article 35 not
to make any laws in respect of the matters which are under Article 16(3).
2. Stating that the 75% reservation for the locals was discriminatory, the
bench said, "It(State) cannot as such discriminate against the individuals
on account of the fact that they do not belong to a certain State and have
a negative discrimination against other citizens of the country.“
3. Violative of Article 14 :
Stating that the legislation is violative of right to equality, the Court referred
to Navtej Singh Johar and others vs. Union of India in which the Apex Court
held that, "...the miniscule minority having equal rights were being brushed
under the carpet and have a right to participate as a citizen and an equal
right of enjoyment of living regardless of what majority may believe and
then only foundational promises of the Constitution could be fulfilled."
• Grounds of Judgement
4. Violative of Article 19(1)(d) and Article 19(1)(g)
The Court held that the the structure of the Act as such would be violative
of Article 19 of the Constitution of India and Article 19(5) is subject to
regarding reasonable restrictions to the extent of right conferred for the
interest of the general public which could permit the State to make any law
or for the protection of interest of any Scheduled Tribe. Therefore, the Act is
imposing unreasonable restrictions regarding the right to move freely
throughout the territory of India or to reside and settle in any part or the
territory of India.
5. Violation Of Constitutional Morality
The bench said that the concept of constitutional morality has been openly
violated by introducing a secondary status to a set of citizens not belonging
to the State of Haryana and curtailing their fundamental rights to earn their
livelihood.
2. Supriya Chakraborty versus Union of
India Right to Marry is On 17 October, a Constitution Bench
NOT a led by CJI D.Y. Chandrachud rejected a
fundamental batch of petitions that sought the equal
right right to marry for sexual minorities.
Transgender Queer persons have

persons can marry right to enter civil
under existing unions under
framework Article 19
Key
Outcomes
Special Marriage
Act is not
Non heterosexual unconstitutional for
couples cannot adopt DISCRIMINATIN
(dissent by CJI) G against non
heterosexual
couples
Article 20- Protection in Respect of
Conviction for Offences
• It grants protection against arbitrary and excessive

punishment to an accused person, whether citizen or
foreigner or legal person like a company or a corporation.
It contains three provisions in that direction:
Only in case of sentencing in
No ex-post-facto law criminal laws.
Not available before departmental

No double jeopardy or administrative authorities.
Only for criminal

No self-incrimination proceedings.
Retrospective Application of Benami
Transactions Act 2016
• The Supreme Court declared “unconstitutional and manifestly arbitrary”
amendments introduced in the benami transactions (prohibition) Act 2016,
which apply retrospectively and can send a person to prison for three
years even as it empowers the Centre to confiscate “any property” subject
to a benami transaction.
• A three-judge bench led by then Chief Justice of India NV Ramana
declared Sections 3(2) and 5 introduced through the Benami Transactions
(Prohibition) Amendment Act of 2016. The 2016 law amended the original
Benami Act of 1988. It expanded the 1988 Act to 72 sections from a mere
nine sections.
• Section 3 (2) mandates punishment of three years’ imprisonment for those
who have entered into benami transactions between September 5, 1988
and October 25, 2016.
Retrospective Application of Benami
Transactions Act 2016
• Article 20(1) mandates that no person should be convicted of an offence
which was not in force “at the time of the commission of the act charged
as an offence”.
• Section 5 of the 2016 Amendment Act said that “any property which is
subject matter of a benami transaction shall be liable to be confiscated by
the Central Government.” The court held that this provision cannot be
applied retrospectively.
Article 21 – Scope and Judgements
5. Animal Welfare Board of India v Union
On 18 May, a Constitution Bench
of India led by Justice K.M. Joseph
Fundamental
Rights cannot be upheld the practice of bull-
extended to taming sports such as Jallikattu,
animals. as permitted by state
Article 14 and 21 amendments to the Prevention of
cannot be
extended to Cruelty to Animals Act, 1960
TN, Karnataka, animals as this (PCA Act).
Maharshtra would amount to It also upheld bovine sports of
amendments to
Prevention of
Key judicial
adventurism
kambala in Karnataka and
Bailgada Sharyat in Maharashtra.
Cruelty against
animals act 1960
Outcomes
were valid.
Jalikattu is a
cultural practice
according to TN
legislature, we will
not go into it.
Right to Shelter
• The SC Bench made the following points:

• The pavement dwellers cannot be treated as trespassers,
their eviction should not lead to deprivation of their
livelihoods.
• Right to Life: They should not be subject to harassment
adding that their right to livelihood was an integral part
of the right to life under Article 21 of the Constitution.
• Right to Shelter: Right to shelter was a fundamental right
under Article 21. It was a right recognised by
international conventions and an integral part of the
principles of natural justice.
Right to Shelter
• Fair procedure: Though the right to reside and settle in

any part of India under Article 19 (1) (e) cannot be read to
confer the licence to encroach and trespass upon public
property, the eviction of pavement dwellers and traders
should be in accordance with the procedure established
by law.
• This “procedure” should be “fair, just and
reasonable”.
Right to be Forgotten
• In Puttaswamy Judgement of 2017, Supreme Court

recognized RTBF as part of Right to Life under Article
21.
• Restrictions :
Exercise of Right to Freedom of Speech and Expression
Fulfilment of Legal responsibilities
Protection of information in public interest
Purpose of scientific or historical study
Execution of a duty in public interest or public health.
Personality Rights
• Delhi High Court protects Anil Kapoor’s Personality Rights.
• Court made an interim order to prevent the unlawful use of his name,
image and voice.
• Personality rights refer to the right of a person to protect his/her
personality under the right to privacy or property.
• These rights are important to celebrities as their names, photographs or
even voices can easily be misused in various advertisements by different
companies to boost their sales.
• Therefore, it is necessary for renowned personalities/celebrities to register
their names to save their personality rights.
• Personality rights or their protection are not expressly mentioned in any
statute in India but are traced to
• fall under the right to privacy and the right to property.
Personality Rights
• Right to publicity: Right to keep one’s image and likeness from being
commercially exploited without permission.
• ✓ It is governed by statutes like the Trade Marks Act, of 1999 and the
Copyright Act, of 1957.
Right to privacy: Right to not have one’s personality represented publicly
without permission.
• ✓ It is broadly governed under Article 21 of the Constitution and the
Supreme Court judgment in
• Justice K.S. Puttaswamy (Retd.) Case (2018).
Personality Rights
• Right to publicity: Right to keep one’s image and likeness from being
commercially exploited without permission.
• ✓ It is governed by statutes like the Trade Marks Act, of 1999 and the
Copyright Act, of 1957.
Right to privacy: Right to not have one’s personality represented publicly
without permission.
• ✓ It is broadly governed under Article 21 of the Constitution and the
Supreme Court judgment in
• Justice K.S. Puttaswamy (Retd.) Case (2018).
Article 21 A- Right to Education:
• Article 21 A declares that State shall provide free and compulsory
education to all children of the age of six to fourteen years in such
a manner as they state may determine.
• Thus, this provision makes only elementary education a
Fundamental Right and not higher or professional education.
• This provision was added by the 86th Constitutional Amendment
Act of 2002. Even before this amendment, the Constitution
contained a provision for free and compulsory education for
children under Article 45 in Part IV.
Article 51A that reads-‘It shall be the

Article 45 now reads—‘The state shall
duty of every citizen of India to
endeavor to provide early childhood care
provide opportunities for
and education for
education to his child or ward
all children until they complete the age of
between the age of six and fourteen
six years.’
years’.
Article 22- Protection Against Arrest and Detention:
44th Amendment
Act of 1978 has
Punitive Detention Preventive Detention reduced the period
Purpose This is to punish a person for an offence This means detention of a person without of detention without
obtaining the
committed by him after trial and trial and conviction by a court. Its purpose is
opinion of an
conviction in a court. not to punish a person for a past offence but advisory board from
to prevent him from committing an offence three to two months.
in the near future. However, this
provision has not yet
Rights Rights available include: Rights available include:
been brought into
available 1) Right to be informed of the grounds 1) The detention of a person cannot exceed force.
of arrest. 3 months unless an advisory board
2) Right to consult and be defended by a consisting of judges of a high court
legal practitioner. reports sufficient cause for extended
3) Right to be produced before a detention.
magistrate within 24 hours, excluding 2) The grounds of detention should be
the journey time. communicated. However, the facts
4) Right to be released after 24 hours considered to be against the public
unless the magistrate authorises interest need not be disclosed.
further detention. 3) The detenu should be afforded an
opportunity to make representation
against the detention order.
Preventive Detention and Preventive
Detention Laws
• Preventive Detention Laws in India :
As per Section 151 of The Code of Criminal Procedure,
1973, a police officer can apprehend any person without a
Magistrate’s authority or without a warrant if he receives
any such information that the person is likely to commit
any crime of cognizable nature and which cannot be
prevented otherwise.
Detention Laws
Preventive Detection Act 1950
As per Section 151 of The Code of Criminal Procedure,

1973, a police officer can apprehend any person without a
Magistrate’s authority or without a warrant if he receives
any such information that the person is likely to commit
any crime of cognizable nature and which cannot be
prevented otherwise.
Detention Laws
National Security Act 1980
COFEPOSA 1974
Unlawful Activities Prevention Act 1967
Detention Laws
• Prevention Detention can be made on four grounds
which are,
1. the security of the state,

2. maintenance of the public order,
3. maintaining essential services and defense,
4. and foreign affairs with the security of India.
Internet Shutdown
• Indian telegraph act 1885: section 7 of the

aforementioned act has been amended to include
temporary suspension of telecom services (public
emergency and public safety) rules.
• As per the rules, only the home secretary of the union or
the state can issue such an order. it has to be reviewed by
a committee within 5 days. Such an order shall not be in
operation for more than 15 days.
Internet Shutdown
• Powers under section 144 CrPC: In an unavoidable

circumstance, the order can be issued by an officer of the
rank of joint secretary or above, authorized by the union
or state home secretary.
• Section 69(A) of the information technology Act 2008: It
gives the government power to block particular websites
and not the internet as a whole.
Internet Shutdown
• Till the year 2017, shutdowns were imposed largely

under Section 144 of the Code of Criminal Procedure
(CrPC).
• Section 144 of CrPC gave the police and the District
Magistrate the powers in order to prevent unlawful
gathering of people and also to direct any person to
abstain from a certain activity.
• However, in 2017 the law was amended and the
Government promulgated the Temporary Suspension of
Telecom Services (Public Emergency or Public Safety)
Rule 2017.
Internet Shutdown
• The Rules, issued under the Indian Telegraph Act, 1885,

stipulate that only the Home Secretary of the Union or a
state can pass an order, and that the order must include
the reasons for the decision.
• The order should be forwarded to a review committee
the day after it is issued, and must be reviewed by the
committee within five days to assess its compliance with
Section 5(2) of The Telegraph Act, under which the
government has the power to block the transmission of
messages during a public emergency or for public safety.
Internet Shutdown
• In the case of the central government, the review

committee comprises the Cabinet Secretary and the
Secretaries of the Departments of Legal Affairs and
Telecommunications.
• In the case of states, the committee comprises the Chief
Secretary, Secretary, Law or Legal Remembrancer In-
Charge, Legal Affairs, and a Secretary to the state
government (other than the Home Secretary).
• In “unavoidable circumstances”, the order can be issued
by an officer of the rank of Joint Secretary or above,
authorised by the Centre or the state Home Secretary.
Internet Shutdown
• Anuradha Bhasin Judgement- The Supreme Court has

declared access to internet a fundamental right. A
government cannot deprive the citizens of fundamental
rights except under certain conditions explicitly
mentioned in the Constitution.
Article 23- Prohibition of Traffic in Human Beings
and Forced Labour
Human Trafficking: Begar: Provided
against State
Applies to • selling and buying of men, • Forced Labour- Including physical or and private
women and children like legal force or compulsion of individuals and
goods; economic circumstances, that is for citizens,
• immoral traffic in women and working for less than the minimum friendly and
children, including wage. enemy aliens.
prostitution; • Bonded Labour.
• devadasis; and
• slavery.
Laws Parliament has made the Immoral Parliament has enacted Bonded Labour
Traffic (Prevention) Act, 1956 System (Abolition) Act, 1976; the
which provides punishment in Minimum Wages Act, 1948; the Contract
this regard. Labour Act, 1970 and the Equal
Remuneration Act, 1976.
Exception It permits the State to impose compulsory service for public purposes
military service or social service, for which it is not bound to pay. However,
in imposing such service, the State is not permitted to make any
discrimination on grounds only of religion, race, caste or class.
Article 24- Prohibition of Employment of Children
in Factories, etc.:
• Article 24 prohibits the employment of children below the

age of 14 years in any factory, mine or other hazardous
activities like construction work or railway.
• However, it does not prohibit their employment in any
harmless or innocent work.
In 2006, the government banned the
employment of children as domestic
Child Labour (Prohibition and servants or workers in business
Regulation) Act, 1986 establishments like hotels, dhabas,
restaurants, shops, factories, resorts,
spas, tea-shops and so on
Safeguards
Commissions for Protection of Child Rights Act,
2005 - National Commission and State
Commissions for Protection of Child Rights +
Children Courts
Article 21 A and Article 24:
Stringent punishment of
imprisonment of 6 months to
Renamed the main Act as the Child and Adolescent 2 years, or a fine of 20,000 to
Labour (Prohibition and Regulation) Act, 1986. 50,000, or both. In case of
repeated offences, the
imprisonment is of 1 year to
3 years.
It provides for complete prohibition on employment or work
of children below 14 years and also prohibits employment of
Child Labour adolescents (14-18 years) in hazardous occupations and
(Prohibition & processes.
Regulation)
Amendment Act,
2016 It has slashed the list of hazardous occupations for children
from 83 to include just mining, explosives, and occupations
mentioned in the Factory Act. Further, even the the ones listed
as hazardous can be removed, according to Section 4 by central
government.
It allows child labour in “family or family enterprises” or

allows the child to be “an artist in an audio-visual
entertainment industry” provided children may work after
school hours or during vacations.
Article 25- Freedom of Conscience and
Free Profession, Practice and Propagation of Religion:
Freedom of conscience
Right to profess
It states that all persons
are entitled to:
Right to practice
Right to propagate
Right to Freedom of Religion –Places of
Worship Act
• “An Act to prohibit conversion of any place of worship
and to provide for the maintenance of the religious
character of any place of worship as it existed on the
15th day of August, 1947, and for matters connected
therewith or incidental thereto.”
Worship Act
• Section 3 of the Act bars the conversion, in full or part,
of a place of worship of any religious denomination
into a place of worship of a different religious
denomination — or even a different segment of the
same religious denomination.
Worship Act
• Section 4(1) declares that the religious character of a
place of worship “shall continue to be the same as it
existed” on August 15, 1947.
• Section 4(2) says any suit or legal proceeding with
respect to the conversion of the religious character of any
place of worship existing on August 15, 1947, pending
before any court, shall abate — and no fresh suit or legal
proceedings shall be instituted.
Worship Act
• The law has been challenged on the ground that it bars
judicial review, which is a basic feature of the
Constitution, imposes an “arbitrary irrational
retrospective cutoff date”, and abridges the right to
religion of Hindus, Jains, Buddhists and Sikhs.
Available to all persons—citizens as well as non-citizens.
These rights are subject to public order, morality, health

and other articles in Part III of the Constitution.
• The State is permitted to:
(a) regulate or restrict any economic, financial, political or
other secular activity associated with religious
practice; and
(b) provide for social welfare and reform or throw open
Hindu religious institutions of a public character to all
classes and sections of Hindus.
• Article 25 also contains two explanations: one,
wearing and carrying of kirpans is to be included
in the profession of the Sikh religion; and two, the
Hindus, in this context, include Sikhs, Jains and
Buddhists.
Article 26- Freedom to Manage Religious Affairs
• According to Article 26, every religious denomination

or any of its section shall have the following rights:
Right to establish and maintain institutions for religious and
charitable purposes;
Right to manage its own affairs in matters of religion;
Right to own and acquire movable and immovable property; and
Right to administer such property in accordance with law.

In the Sri Shirur Mutt case 1954, it was ruled that a
Guarantees rights denomination is “a collection of individuals, classed
of religious together under the same name; now almost always
specifically, specially a religious sect or body having a
denominations. common faith and organisation and designated by a
distinctive name.”
Group right being the
right of the religion to Article 26 also includes the word “section” making it
operate as an inclusive of a sect or sub-sect of a religion.
organised faith.
‘Essential Religious Functions Test’- The essential

religious practice test means that any religious
practices that are so ‘essential’ to a religion or form
the basis of a religion, will fall within the protection
of Article 25 and 26 and should be protected as such.
Supreme Court delivers split verdict on Karnataka
hijab ban
• The Supreme Court on October 13 delivered a split verdict on
whether Muslim students should shed their hijabs at their
school gates.
• Justice Hemant Gupta upheld Karnataka’s prohibitive
government order of February 5, saying “apparent symbols of
religious belief cannot be worn to secular schools maintained
from State funds”.
• Justice Gupta said ‘secularity’ meant uniformity, manifested
by parity among students in terms of uniform.
• Justice Gupta held that adherence to uniform was a
reasonable restriction to free expression. The discipline
reinforced equality. The State had never forced students out
of State schools by restricting hijab. The decision to stay out
was a “voluntary act” of the student.
• In his divergent opinion, Justice Sudhanshu Dhulia said
secularity meant tolerance to “diversity”. Wearing or not
wearing a hijab to school was “ultimately a matter of choice”.
For girls from conservative families, “her hijab is her ticket to
education”.
HIJAB AS ESSENTIAL RELIGIOUS PRACTICE
In case of a split verdict, the case is heard by a

larger Bench.
The larger Bench to which a split verdict goes

can be a three-judge Bench of the High Court,
or an appeal can be preferred before the
Supreme Court. In the case of the hijab
verdict, the CJI, who is the ‘master of the
roster’, will constitute a new, larger Bench to
hear the matter.
Article 30- Right of Minorities to Establish
and Administer Educational Institutions
• The term "Minority" is not defined in

the Indian Constitution. However, the
Constitution recognises only religious and
linguistic minorities.
• Currently, the linguistic minorities are
identified on a state-wise basis
thus determined by the state
government whereas religious minorities are
determined by the Central Government.
All minorities shall have the right to
establish and administer educational
institutions of their choice.
44th Amendment provided that

Article 30 grants compensation amount fixed by the State for
the compulsory acquisition of any property
the following rights of a minority educational institution shall
to minorities: not restrict or abrogate the right guaranteed
to them.
In granting aid, the State shall not

discriminate against any educational
institution managed by a minority.
Includes the right of a minority to impart
education to its children in its own language:
Institutions that seek Institutions that seek

recognition as well as Institutions that neither
only recognition from
aid from the State- seek recognition nor aid
the State and not aid-
Subject to the regulatory Subject to the regulatory from the State-
power of the state with power of the state with Free to administer their
regard to syllabus affairs but subject to
regard to syllabus
prescription, academic operation of general
prescription, academic
standards, discipline, laws like contract law,
standards, discipline,
sanitation, employment sanitation, employment labour law, industrial
of teaching staff and so of teaching staff and so law, tax law, economic
on. regulations, and so on.
on.
Minorities in India
• Centre’s shifting stands on who can grant minority status

left the Supreme Court displeased even as the political
push for giving Hindus the ‘minority’ tag in as many as
10 States where the religious community is numerically
low turns increasingly strident.
• On March 25, the Ministry of Minority Affairs, in an
affidavit, told the court that both the Centre and States
had “concurrent power” to notify minorities.
• It had even said that States could also recognize a
community as a minority at the individual State level.
Minorities in India
• “States can also declare a religious or linguistic

community as a minority community within the said
State,” the Ministry had said.
• Hardly two months later, a “superseding” affidavit filed
by the same Ministry on May 9, reversed its own position.
• This time, the Ministry claimed that the Centre alone was
vested with the power to notify a minority community.
• The three-page affidavit said Section 2(f) and Section 2(c)
of the National Commission for Minorities Educational
Institutions Act, 2004, and the National Commission for
Minorities Act, 1992, respectively, passed by the
Parliament, empowered the Centre to notify a minority
community.
Minorities in India
• Article 350-B:
• The 7th Constitutional (Amendment) Act
1956 inserted this article which provides for a Special
Officer for Linguistic Minorities appointed by the
President of India.
• It would be the duty of the Special Officer to
investigate all matters relating to the safeguards
provided for linguistic minorities under the
Constitution.
• Ordered by the court to a person who has detained another
Habeas person, to produce the body of the latter before it to examine the
cause and legality of detention.
Corpus-
• It can be issued against both public authorities as well as private
‘To have individuals.
the body • It is not issued where the (a) detention is lawful, (b) the
of’ proceeding is for contempt of a legislature or a court, (c)
detention is by a competent court, and (d) detention is outside
the jurisdiction of the court.
• It is a command issued by the court to a public official asking
him to perform his official duties that he has failed or refused to
perform.
• It can also be issued against any public body, a corporation, an
inferior court, a tribunal or government for the same purpose.
Mandamus-
• It cannot be issued (a) against a private individual or body; (b)
‘We
to enforce departmental instruction that does not possess
Command’ statutory force; (c) when the duty is discretionary and not
mandatory; (d) to enforce a contractual obligation; (e) against the
president of India or the state governors; and (f) against the chief
justice of a high court acting in judicial capacity.
• It is issued by a higher court to a lower court or tribunal to
prevent the latter from exceeding its jurisdiction or usurping a
Prohibitio jurisdiction that it does not possess.
n- ‘To • Can be issued only against judicial and quasi- judicial
forbid’ authorities.
• It is not available against administrative authorities, legislative
bodies, and private individuals or bodies.
• It is issued by a higher court to a lower court or tribunal either to

transfer a case pending with the latter to itself or to squash the
Certiorari- order of the latter in a case on rounds of excess of jurisdiction or
‘To be lack of jurisdiction or error of law.
Certified/ • It can be issued against judicial, quasi-judicial authorities and
informed’ administrative authorities (since 1991).
• It is also not available against legislative bodies and private
individuals or bodies.
• It is issued by the court to enquire into the legality of claim
of a person to a public office.
• It can be issued only in case of a substantive public office
Quo- of a permanent character created by a statute or by the
Warranto- Constitution.
‘By what • It cannot be issued in cases of ministerial office or private
authority’ office. Unlike the other four writs, this can be sought by
any interested person and not necessarily by the aggrieved
person.
Exceptions to Fundamental Rights:
31 A: 31 B: 31 C:
It saves 5 categories of laws from being It provided that no law included in the Inserted by the 25th
invalidated on the ground of contravention Ninth Schedule shall be deemed to be amendment, it provided that
of FRs under Article 14 and Article 19: void on the grounds of being no law giving effect to certain
1) Acquisition of estates and related rights inconsistent with any of the FRs. DPSPs—Article 39(b)/(c)-
by the State; In I.R Coelho case (2007), the Supreme shall be declared void by the
2) Taking over the management of Court ruled that there could not be any courts on the ground of being
properties by the State; blanket immunity from judicial review inconsistent with FRs under
of laws included in the Ninth Schedule Article 14 or Article
3) Amalgamation of corporations; as it is ‘basic feature’ of the
4) Extinguishment or modification of rights constitution. 19.
of directors or shareholders of corporations; Laws placed under the Ninth Schedule 42nd Amendment: extended
and after April 24, 1973, are open to its scope to cover all DPSPs.
5) Extinguishment or modification of mining challenge in court if they violated In Kesavanand Bharati case it
leases. fundamentals rights guaranteed under was ruled that Parliament
Articles 14, 15, 19 and 21 or the ‘basic has the power to amend FRs
It does not immunise a state law from
judicial review unless it has been reserved structure’ of the constitution. as long as they are not part of
for the President’s consideration and has Misuse 9th Schedule – Excessive Use + the ‘basic structure’ of the
received his assent. Colourable use Constitution,
Article: Provisions: Philosophy:
38 • To promote the welfare of the people by securing a Socialist
social order permeated by justice—social, economic
and political—and to minimise inequalities in Added by 44th
income, status, facilities and opportunities. CAA
39 • To secure Socialist
(a) the right to adequate means of livelihood for
all citizens;
(b) the equitable distribution of material resources
of the community for the common good;
(c) prevention of concentration of wealth and
means of production;
(d) equal pay for equal work for men and women;
(e) preservation of the health and strength of
workers and children against forcible abuse;
and
(f) opportunities for healthy development of Added by
children. 42nd CAA
39 A • To promote equal justice and to provide free legal Socialist

aid to the poor.
40 • To organise village panchayats and endow them Gandhian
with necessary powers and authority to enable
them to function as units of self-government.
41 • To secure the right to work, to education and to Socialist

public assistance in cases of unemployment, old
age, sickness and disablement.
42 • To make provision for just and humane conditions Socialist

of work and maternity relief.
43 • To secure a living wage, a decent standard of life Socialist

and social and cultural opportunities for all
workers.
• To promote cottage industries on an individual or Gandhian
co-operation basis in rural areas.
43 A • To take steps to secure the participation of Socialist

workers in the management of industries. Added by
42nd CAA
43 B • To promote voluntary formation, autonomous Gandhian
functioning, democratic control and professional
management of co-operative societies.
44 • To secure for all citizens a uniform civil code Liberal-
throughout the country. Intellectual
45 • To provide early childhood care and education for Liberal-
Added by 86th
all children until they complete the age of six years. Intellectual
CAA
46 • To promote the educational and economic interests Gandhian
of SCs, STs, and other weaker sections of the society
and to protect them from social injustice and
exploitation.
47 • To prohibit the consumption of intoxicating drinks Gandhian
and drugs which are injurious to health.
48 • To prohibit the slaughter of cows, calves and other Gandhian

milch and draught cattle and to improve their
breeds.
43 B • To promote voluntary formation, autonomous Gandhian Added by 97th
functioning, democratic control and professional
CAA
management of co-operative societies.
44 • To secure for all citizens a uniform civil code Liberal-
throughout the country. Intellectual
45 • To provide early childhood care and education for Liberal-
Added by 86th
all children until they complete the age of six years. Intellectual
CAA
46 • To promote the educational and economic interests Gandhian
of SCs, STs, and other weaker sections of the society
and to protect them from social injustice and
exploitation.
47 • To prohibit the consumption of intoxicating drinks Gandhian
and drugs which are injurious to health.
48 • To prohibit the slaughter of cows, calves and other Gandhian

milch and draught cattle and to improve their
breeds.
• To organise agriculture and animal husbandry on Liberal-Intellectual
modern and scientific lines
48 A • To protect and improve the environment and to Liberal- Added by
safeguard forests and wild life. Intellectual 42nd CAA
49 • To protect monuments, places and objects of artistic Liberal-
or historic interest which are declared to be of Intellectual
national importance.
50 • To separate the judiciary from the executive in the Liberal-
public services of the State. Intellectual
51 • To promote international peace and security and Liberal-
maintain just and honourable relations between Intellectual
nations; to foster respect for international law and
treaty obligations, and to encourage settlement of
international disputes by arbitration.
Legal Aid
• Legal Services Act 1987 provides legal framework for legal aid in india
• NALSA, SLSA and DLSA are established.
• Lok Adalat has been given statutory recognition where pre litigation and
pending disputes are settled amicably.
• Para legal volunteers are recognised who assist LSA’s and Lok Adalats.
• Supreme Court legal services Committee is constituted whose patron in
chief is CJI and members include SC judge as chairperson and 9 members
nominated by CJI.
Legal Aid
• NALSA – formed under Section 3 of LSA 1987
• CJI as patron in chief and serving or retired judge of Supreme Court as
Legal Aid
• People Eligible for free legal aid :
1. a member of a Scheduled Caste or Scheduled Tribe
2. a victim of trafficking in human beings or begar as referred to in article 23 of the
Constitution
3. a woman or a child
4. a person with disability
5. a person under circumstances of underserved want such as being a victim of a
mass disaster, ethnic, violence, caste atrocity, flood, drought, earthquake or
industrial disaster;
6. an industrial workman
7. in custody, including custody in a protective home within the meaning of clause
(g) of section2 of the Immoral Traffic (Prevention) Act, 1956, or in a juvenile
home within the meaning of clause (j) of section 2 of the Juvenile Justice Act,
1986, or in a psychiatric hospital or psychiatric nursing home within the
meaning of clause (g) of section2 of the Mental Health Act, 1987
Legal Aid
• People Eligible for free legal aid :
8. Those persons who have annual income of less than the amount
prescribed by the respective State Government, if the case is before any
court other than the Supreme Court, and less than Rs. 5 Lakhs, if the case is
before the Supreme Court
DPSPs in other parts of Constitution:
Apart from the directives/ guidelines found in Part IV, the
Constitution also mentions some others in different parts of
the Constitution. These include:
Article: Provisions:
335 in • The claims of the members of the Scheduled Castes and the
Part XVI Scheduled Tribes shall be taken into consideration, consistently with
the maintenance of efficiency of administration, in the making of
appointments to services and posts in connection with the affairs of
the Union or a State
350 A in • It shall be the endeavour of every state and every local authority
Part XVII within the state to provide adequate facilities for instruction in the
mother-tongue at the primary stage of education to children
belonging to linguistic minority groups.
351 in • t shall be the duty of the Union to promote the spread of the Hindi
Part XVII language and to develop it so that it may serve as a medium of
expression for all the elements of the composite culture of India.
An amendment of the Constitution can be initiated only by the introduction of
a bill for the purpose in either House of Parliament either by a minister or by a • Election of the President and
private member and does not require prior permission of the President. . its manner.
• Extent of the executive and
legislative powers of the
The House in which the Bill is introduced must pass it by by a special majority, Union and the states.
that is, a majority (that is, more than 50 per cent) of the total membership of the • Lists in VII Schedule
House and a majority of two-thirds of the members of the House present and • Supreme Court and High
Courts.
voting.. It is then sent to second House. • Extent of the executive power
of the Union and the states.
• Article 368 itself.
The second House also needs to pass the bill by special majority. Both Lok • GST Council
Sabha and Rajya Sabha enjoy equal powers in this regard and there is no
provision for joint sitting for constitution amendment bill.
If the bill seeks to amend the federal provisions of the Constitution, it must also
be ratified by the legislatures of half of the states by a simple majority. It is
presented to the President for assent.
The President must give his assent to the bill. He can neither withhold his
assent nor return the bill for reconsideration. After the assent, bill becomes an
Act (i.e., a constitutional amendment act) .
Amendment Outside the Scope of Article
368
1. Admission or establishment of new states.
2. Formation of new states and alteration of areas, boundaries or names of
existing states.
3. Abolition or creation of legislative councils in states.
4. Second Schedule–emoluments, allowances, privileges and so on of the
president, the governors, the Speakers, judges, etc.
5. Quorum in Parliament.
6. Salaries and allowances of the members of Parliament.
7. Rules of procedure in Parliament.
8. Privileges of the Parliament, its members and its committees.
9. Use of English language in Parliament.
10. Number of puisne judges in the Supreme Court.
11. Conferment of more jurisdiction on the Supreme Court.
12. Use of official language.
13. Citizenship–acquisition and termination.
Evolution of Basic
Structure Doctrine
1. Article 31A and 31B was introduced which
supports 9th Schedule, by this any act in this
schedule can’t be void .
2. The SC ruled that the power to amend the
Constitution under Article 368 also included
Shankari Prasad the power to amend fundamental rights and
case (1951) that the word “law” in Article 13 (8) includes
only an ordinary law made in exercise of the
legislative powers and does not include
Constitutional amendment which is made in
exercise of constituent power.
3. Therefore, a Constitutional amendment will
be valid even if it abridges or takes any of the
fundamental rights.
1. Six judges in an 11 judge bench of
Supreme Court. The Court ruled that
Parliament’s power to amend
Constitution is also legislative power
under Article 245, so that even a
Golaknath case constitution amendment was also a law
(1967)
within the purview of Article 13 (2).
2. The court ruled that the Parliament
cannot take away or abridge any of the
Fundamental Rights, which are
‘sacrosanct’ in nature and can’t be
amended for the implementation of
DPSPs.
24th 1. Affirmed the power of Parliament to
Constitutional amend any part of the Constitution
Amedment Act including fundamental rights.
1971 2. Made it compulsory for the president to
give his assent to a Constitutional
Amendment Bill.
1. Curtailed the fundamental right to
25th property.
Constitutional 2. Provided that any law made to give effect
Amendment Act
to the Directive Principles contained in
1971
Article 39 (b) or (c) cannot be challenged on
the ground of violation of the rights
guaranteed by Articles 14, 19 and 31.
1. After the Golaknath case, the Parliament sought to
supersede it by amending Article 368 through 24th
and 25th CAA (added Article 31 C).
2. It asserted that Article 368 is not ‘law’ within the
definition of article 13 and CAA will not be open
Kesavanand to question even if they affect the fundamental
a Bharati rights.
case (1973) 3. Decision by a full bench by 13 judges- upheld cl. 4
of article 13 added by 24th CAA that nothing in
this article shall apply to any amendment made
under Article 368. But second part of article 31 C
was seen as violative of judicial review.
4. Further it overruled Golaknath judgment and
accepted that Fundamental Rights can be
amended by the Parliament.
Basic Structure Doctrine:
• However, in the case to preserve the sanctity of Constitution,
the ‘basic structure doctrine’ was promulgated by the Court:
There are certain ‘basic features’ of the Constitution which can’t be altered
even through use of Article 368.
If an amendment seeks to alter these basic features, it can be declared ultra

vires by the Judiciary.
It is a judicial innovation and an evolving one. Includes- supremacy of

Constitution, sovereign, secular, democracy, republic, separation of powers,
judicial review, unity and integrity, welfare state, rule of law, equality,
freedom, dignity, parliamentary system, independence of judiciary, free and
fair elections, powers of High Court under articles 226 and 227, powers of
Supreme Court under articles 32, 136, 141, 142, principles underlying FRs
etc.
Basic Structure Doctrine:
• Supremacy of the Constitution
• Unity and sovereignty of India
• Democratic and republican form of government
• Federal character of the Constitution
• Secular character of the Constitution
• Separation of power
• Individual freedom
• Rule of law
• Judicial review
• Parliamentary system
• Rule of equality
• Harmony and balance between the Fundamental Rights and DPSP
• Free and fair elections
• Limited power of the parliament to amend the Constitution
• Power of the Supreme Court of India under Articles 32, 136, 142 and
147
• Power of the High Court under Articles 226 and 227
• Parliament reacted to this judicially innovated doctrine of ‘basic
structure’ by enacting the 42nd Amendment Act (1976). This Act
amended Article 368 and declared that there is no limitation on
the constituent power of Parliament and no amendment can be
questioned in any court on any ground including that of the
contravention of any of the Fundamental Rights.
1. It invalidated this provision as it excluded judicial

review which is a ‘basic feature’ of the Constitution.
Minerva 2. Parliament cannot, under article 368, expand its
Mills case amending power so as to acquire for itself the right to
repeal or abrogate the Constitution or to destroy its basic
(1980) features.
3. Indian Constitution is founded on the bedrock of the
harmony and balance between the Fundamental Rights
and the Directive Principles.
Waman 1. Supreme Court clarified that it would apply to

constitutional amendments enacted after April 24, 1973
Rao case (i.e., the date of the judgement in the Kesavananda
(1981) Bharati case).
Hate Speech
• Section 295(A) of the Indian Penal Code (IPC),
punishes any speech, writings, or signs that
“with premeditated and malicious intent” insult
citizens’ religion or religious beliefs with a fine
and imprisonment for up to three years.
• The Law Commission of India’s 267th Report
defines hate speech as an incitement to hatred
directed principally towards a group of people
who are identified by their race, ethnicity,
gender, sexual orientation, or other
characteristics.
Hate Speech
• Section 295(A) of the Indian Penal Code (IPC),
punishes any speech, writings, or signs that
“with premeditated and malicious intent” insult
citizens’ religion or religious beliefs with a fine
and imprisonment for up to three years.
• The Law Commission of India’s 267th Report
defines hate speech as an incitement to hatred
directed principally towards a group of people
who are identified by their race, ethnicity,
gender, sexual orientation, or other
characteristics.
Hate Speech
• Section 153(a) of the Indian Penal Code (IPC)
punishes the promotion of enmity between
different groups on grounds of religion, race,
place of birth, residence, language, etc. with
imprisonment up to 3 years.
• Section 8 of the Representation of People’s Act,
1951 (RPA) prevents a person convicted of the
illegal use of the freedom of speech from
contesting an election.
• Sections 123(3A) and 125 of the RPA bar the
promotion of animosity on the grounds of race,
religion, community, caste, or language in
reference to elections and include it under
corrupt electoral practices.
Article 352 – National
Emergency
Emergency Article 356 – State

Provisions Emergency
Article 360 – Financial

Emergency
Provision National State Financial
Emergency Emergency Emergency
Article 352 356 360
Who Declares President President President

(Only on written
recommendation of
cabinet)
Grounds 1. War Government of Financial Stability
2. External state cannot be or credit of India or
Aggression carried out in any part is
3. Armed Rebellion accordance with threatened
provisions of
constitution
Art 365 spl mention
Approval within 1 month 2 months 2 months
Approval Frequency Every 6 months Every six months Once only
Approval by Special majority of Simple Majority of Simple majority of

both houses both houses both houses
Revocation 1. President President only President only

2. Parliament –
Lok Sabha by
simple majority
Effect on Centre 1. Centre can give 2 months 2 months
State relations executive
directions on
any matter.
2. Parliament
becomes
empowered to
legislate on state
subject
Effect on Centre • President can President dismisses Executive Authority
State Relations issue ordinances State Council of centre extends to
on state subject Ministers headed by financial provisions
• President can CM like reduction of
modify President takes salaries of state
constitutional over functions of officials.
distribution of state government Reservation of all
revenues and transfers to
governor
Parliament can take
over powers of
state legislature in
case of suspension.
Effect on life of Lok • Lok Sabha and N/A N/A

Sabha and State Legislative
Assembly assembly term
can be extended
one year at a
time
Effect on 1. Article 358 – N/A N/A
Fundamental Rights Article 19
automatic
suspension
Effect on F.R • Article 359 N/A N/A
Any article except
20 and 21
Inter-State Council:
• Article 263 contemplates the establishment of an Inter-State
Council to effect coordination between the states and
between Centre and states.
• The President can establish such a council if at any time it
appears to him that the public interest would be served by
its establishment. He can define the nature of duties to be
performed by such a council and its organisation and
procedure.
First suggested by the The Sarkaria

Administrative Commission on Centre- The Janata Dal
State Relation (1983-87) Government headed
Reforms
made a strong case for the by V. P. Singh
Commission to establishment of a established the Inter-
promote cooperative permanent Inter-State State Council in 1990.
Federalism. Council.
• Even though the President is empowered to define the duties
of an inter- state council, Article 263 specifies the duties that
can be assigned to it in the following manner:
Enquiring into and advising upon disputes which may

arise between states;
Investigating and discussing subjects in which the states

or the Centre and the states have a common interest; and
Making recommendations upon any such subject, and

particularly for the better co-ordination of policy and
action on it.
• Under the above provisions of Article 263, the President has
established the following councils to make recommendations
for the better coordination of policy and action in the related
subjects:
• Central Council of Health.
• Central Council of Local Government and Urban Development.
• Four Regional Councils for Sales Tax for the Northern, Eastern, Western
and Southern Zones.
• The Central Council of Indian Medicine and the Central Council of
Homoeopathy were set up under the Acts of Parliament.
Composition of the ISC:
• The present composition of the Council is as follows:
• Prime Minister Chairman
• Chief Ministers of all States Members
• Chief Ministers of Union Territories having a Legislative Assembly and
Administrators of UTs not having a Legislative Assembly and Governors of
States under President’s Rule as Members
• Six Ministers of Cabinet rank including Home Minister in the Union
Council of Ministers to be nominated by the Prime Minister as Members
• Five Ministers of Cabinet rank / Minister of State (independent
charge) nominated by the Chairman of the Council (i.e., Prime
Minister) are permanent invitees to the Council.
• The Council is assisted by a secretariat called the Inter-State
Council Secretariat. This secretariat was set-up in 1991 and is
headed by a secretary to the Government of India. Since 2011, it is
also functioning as the secretariat of the Zonal Councils.
• The Council may meet at least thrice in a year. Its meetings
are held in camera and all questions are decided by consensus.
• There is also a Standing Committee of the Council. It was set
up in 1996 for continuous consultation and processing of
matters for the consideration of the Council. It consists of the
following members:
(i) Union Home Minister as the Chairman
(ii) Five Union Cabinet Ministers
(iii) Nine Chief Ministers
• In 2022, the government reconstituted the Inter-State Council
and the standing committee through government
notifications.
• Most of the institutional architecture of Indian federalism is
focused on relations between the Union government and the
states. However, critics argue there is far less institutional
space to settle inter-state frictions.
Zonal Councils:
• The Zonal Councils are the statutory (and not the
constitutional) bodies. They are established by an Act of the
Parliament, that is, States Reorganisation Act of 1956.
Northern: Jammu and Kashmir, Ladakh, Himachal Pradesh, Haryana,

Punjab, Rajasthan, Delhi, and Chandigarh ( New Delhi HQ)
Central: Uttar Pradesh, Uttarakhand, Chhattisgarh, and Madhya

Pradesh (Allahabad HQ)
Eastern: Bihar, Jharkhand, West Bengal and Odisha (Kolkata

Zonal Councils: HQ)
Western: Gujarat, Maharashtra, Goa, Dadra and Nagar Haveli

and Daman and Diu (Mumbai HQ)
Southern: Andhra Pradesh, Telangana, Karnataka, Tamil Nadu,

Kerala and Puducherry (Chennai HQ)
natural divisions of
Factors taken into

the country
account:
river systems and means
of communication
cultural and
linguistic affinity
requirements of economic
development, security
and law and order.
Composition of Zonal Councils:
• Each zonal council consists of the following members:
(a) home minister of Central government.
(b) chief ministers of all the States in the zone.
(c) Two other ministers from each state in the zone.
(d) Administrator of each union territory in the zone.
• Besides, the following persons can be associated with the zonal
council as advisors (i.e., without the right to vote in the meetings):
(i) a person nominated by the Planning Commission (Now NITI Aayog);
(ii) chief secretary of the government of each state in the zone; and
(iii) development commissioner of each state in the zone.
• The home minister of Central government is the common
chairman of the five zonal councils. Each chief minister acts as a
vice-chairman of the council by rotation, holding office for a
period of one year at a time.
Special Category Status
• States with socioeconomic or geographic difficulties were granted this
status by the Center to aid in their development.
• In order to help a few underprivileged states, the Fifth Finance
Commission (FC) recommended that SCS be implemented in 1969.
• Entitled to special treatment such as the creation of development boards,
hiring preferences in municipal government positions, admission to
universities, etc.
• Grants were previously awarded to the SCS States using the Gadgil-
Mukherjee formula plus SCS had previously been awarded by the Union
government to States with particular attributes in accordance with
National Development Council recommendations
Special Category Status
• The SCS was awarded to three States in 1969: Assam,
Nagaland, and Jammu & Kashmir (the first).
• Eight additional States, namely Arunachal Pradesh,
Manipur, Meghalaya, Mizoram, Sikkim, Tripura, and
Himachal Pradesh and Uttarakhand, were subsequently
granted SCS.
• Following the recommendations of 14th FC, SCS have
ceased to exist and thus no SCS has been granted to any
State.
Union/State Executive
Role and functions of
President:
All executive actions of the Government of India are formally taken in his name .
He can make rules specifying the manner in which the orders and other instruments made
and executed in his name shall be authenticated. He can make rules for more convenient
transaction of business of the Union government, and for allocation of the said business
among the ministers.
The executive
powers and
functions of He appoints the prime minister and the other ministers. They hold office during
the President his pleasure. He appoints the attorney general of India and determines his
remuneration.
are:
He appoints CAG, CEC and other election commissioners, the chairman and
members of the Union Public Service Commission, the governors of states, the
chairman and members of finance commission, and so on.
He can seek any information relating to the administration of affairs of the
Union, and proposals for legislation from the prime minister. He can require the
Prime Minister 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.
The executive He can appoint a commission to investigate into the conditions of SCs, STs and
other backward classes. He can appoint an inter-state council to promote
powers and Centre–state and inter- state cooperation.
functions of
the President
are:
He directly administers the union territories through administrators appointed
by him. He can declare any area as scheduled area and has powers with respect
to the administration of scheduled areas and tribal areas.
Legislative Powers of President:
He can address the

He can appoint any member of
He can summon or Parliament at the the Lok Sabha to preside over its
prorogue the Parliament commencement of the first proceedings when the offices of
and dissolve the Lok Sabha. session after each general both the Speaker and the Deputy
He can also summon a joint election and the first session Speaker fall vacant. Similarly, he
sitting of both the Houses of of each year. He can send can also appoint any member of
Parliament, which is messages to the Houses of the Rajya Sabha to preside over
presided over by the Parliament, whether with its proceedings when the offices
of both the Chairman and the
Speaker of the Lok Sabha. respect to a bill pending in Deputy Chairman fall vacant.
the Parliament or otherwise.
He nominates 12 members of He decides on questions

the Rajya Sabha from amongst as to disqualifications of
persons having special members of the
knowledge or practical Parliament, in
experience in literature, consultation with the
science, art and social service. Election Commission.
His prior recommendation or permission is needed to introduce
certain types of bills in the Parliament such as money bills, bills to
change boundaries and names of states etc.
When a bill is sent to the President after being passed by the
Parliament, he can:
(i) give his assent to the bill, or
(ii) withhold his assent to the bill, or
(iii) return the bill (if it is not a money bill) for reconsideration of the
Parliament.
However, if the bill is passed again by the Parliament, with or without
amendments, the President has to give his assent to the bill.
Bill related
powers: When a bill passed by a state legislature is reserved by the governor
for consideration of the President, the President can:
(i) give his assent to the bill, or
(ii) withhold his assent to the bill, or
(iii) direct the governor to return the bill (if it is not a money bill) for
reconsideration of the state legislature. President not obligated to
assent even if state legislature passes bill again.
He can promulgate ordinances when the Parliament is not in session.

These ordinances must be approved by the Parliament within six
weeks from its reassembly. He can also withdraw an ordinance at any
time.
• President has the veto power over the bills passed by the
Parliament, that is, he can withhold his assent to the bills. The
object of conferring this power on the President is two-fold—
(a) to prevent hasty and ill-considered legislation by the Parliament; and
(b) to prevent a legislation which may be unconstitutional. Of the above four, the
President of India is vested
with three—absolute,
The veto power enjoyed by the executive in modern states can be suspensive and pocket veto.
classified into the following four types:
Absolute veto, Pocket veto,

Qualified veto, Suspensive veto,
that is,
which can be which can be over that is, taking no
withholding of
overridden by the ridden by the action on the bill
assent to the bill
legislature with a legislature with an passed by the
passed by the
higher majority. ordinary majority. legislature.
legislature.
He lays the reports of the Comptroller and Auditor General, Union
Public Service Commission, Finance Commission, and others,
before the Parliament.
He can make regulations for the peace, progress and good

government of the Andaman and Nicobar Islands, Lakshadweep,
Dadra and Nagar Haveli and Daman and Diu. In the case of
Puducherry also, the President can legislate by making regulations
but only when the assembly is suspended or dissolved.
Money bills can be introduced in the Parliament
only with his prior recommendation.
He causes to be laid before the Parliament the

annual financial statement (ie, the Union Budget).
Financial No demand for a grant can be made except on his

Powers recommendation.
He can make advances out of the contingency fund

of India to meet any unforeseen expenditure.
He constitutes a finance commission after every five

years to recommend the distribution of revenues
between the Centre and the states.
Judicial Powers:
He appoints the Chief Justice and the judges of
Supreme Court and high courts.
He can seek advice from the Supreme Court on any question of

law or fact. However, the advice tendered by the Supreme Court
is not binding on the President.
He can grant pardon, reprieve, respite and remission of

punishment, or suspend, remit or commute the sentence of any
person convicted of any offence:
(i) In all cases where the punishment or sentence is by a court
martial; (ii) In all cases where the punishment or sentence is for
an offence against a Union law; and
(iii) In all cases where the sentence is a sentence of death.
President has no veto power in respect
of a constitutional amendment bill.
The 24th Constitutional Amendment
Act of 1971 made it obligatory for the
President to give his assent to a
constitutional amendment bill.
Pardoning powers include:
• It removes both the sentence and the conviction and completely absolves the
Pardon convict from all sentences, punishments and disqualifications.
• It denotes the substitution of one form of punishment for a lighter form. For
Commu example, a death sentence may be commuted to rigorous imprisonment, which
tation in turn may be commuted to a simple imprisonment.
• It implies reducing the period of sentence without changing its character. For
example, a sentence of rigorous imprisonment for two years may be remitted
Remission to rigorous imprisonment for one year.
• It denotes awarding a lesser sentence in place of one originally awarded due to

some special fact, such as the physical disability of a convict or the pregnancy
Respite of a woman offender.
• It implies a stay of the execution of a sentence (especially that of death) for a

temporary period. Its purpose is to enable the convict to have time to seek
Reprieve pardon or commutation from the President.
• Under Article 161 of the Constitution, the governor
of a state also possesses the pardoning power. Hence,
the governor can also grant pardons, reprieves,
respites and remissions of punishment or suspend,
remit and commute the sentence of any person
convicted of any offence against a state law. But, the
pardoning power of the governor differs from that of
the President in following two respects:
The President can pardon sentences inflicted by court martial
(military courts) while the governor cannot.
The President can pardon death sentence while governor cannot.

Even if a state law prescribes death sentence, the power to grant
pardon lies with the President and not the governor. However,
the governor can suspend, remit or commute a death sentence.
Another type of pardoning :
• The Code of Criminal Procedure (CrPC) provides
for remission of prison sentences, which means the
whole or a part of the sentence may be cancelled.
• Under Section 432, the ‘appropriate government’
may suspend or remit a sentence, in whole or in
part, with or without conditions.
• This power is available to State governments so
that they may order the release of prisoners before
they complete their prison terms.
• Under Section 433, any sentence may be commuted
to a lesser one by the appropriate government.
• However, Section 435 says that if the prisoner had
been sentenced in a case investigated by the CBI, or
any agency that probed the offence under a Central
Act, the State government can order such release
only in consultation with the Central government.
Another type of pardoning :
• Section 433A of CrPC, which was introduced
in 1978, to prevent the premature release of
some life convicts before they spend 14 years
in jail.
• It said that in cases in which the death
punishment was available in law, but a person
was only given a life term, and in cases in
which death sentences were commuted to life,
such a prisoner cannot be released unless he
had completed 14 years.
Pardoning power of President / Governor
• Supreme Court (SC) held that the Governor’s power to

pardon overrides Section 433A of Code of Criminal
Procedure (CrPC).
• Earlier in January 2021, in a case of mercy petition, the
SC noted that the Governor cannot reject the state’s
recommendation but there is no time prescribed to take
a decision.
• Pardoning Power Overrides 433A:
• SC held that the Governor of a State can pardon

prisoners, even before they have served a minimum
14 years of prison sentence.
• The Governor's power to pardon overrides a
provision in the CrPC Section 433A which mandates
that a prisoner’s sentence can be remitted only after
14 years of jail.
• Section 433A states that where a sentence of

imprisonment for life is imposed on conviction of
a person for an offence for which death is one of
the punishments provided by law, or where a
sentence of death imposed on a person has been
commuted under section 433 into one of
imprisonment for life, such person shall not be
released from prison unless he had served at least
fourteen years of imprisonment.
• Section 433-A cannot and does not in any way affect
the constitutional power conferred on the
President/Governor to grant pardon under Articles
72 or 161 of the Constitution.
Council of Ministers v/s Cabinet:
Council of Ministers Cabinet
It is a wider body consisting of 60 to 70 ministers,
It is a smaller body consisting of 15 to 20
including all the three categories of ministers,
ministers. It includes the cabinet ministers only.
that is, cabinet ministers, ministers of state, and
Thus, it is a part of the council of ministers.
deputy ministers.
It meets, as a body, frequently and usually once
It does not meet, as a body, to transact
in a week to deliberate and take decisions
government business. It has no collective
regarding the transaction of government
functions.
business. Thus, it has collective functions.
It exercises, in practice, the powers of the council
It is vested with all powers but in theory.
of ministers and thus, acts for the latter.
It directs the council of ministers by taking policy
Its functions are determined by the cabinet and
decisions which are binding on all ministers and
implements the decisions taken by cabinet.
supervises CoM.
It enforces the collective responsibility of the
It is collectively responsible to the Lower House
council of ministers to the Lower House of
of the Parliament.
Parliament.
Cabinet Secretary
• Cabinet Secretary (CS)
• Appointed by the Appointments Committee of the
Cabinet (ACC) on seniority cum-merit basis
• Responsible for administration of the GoI (Allocation of
Business) Rules, 1961 and GoI (Transaction of Business)
Rules, 1961
• CS is also the head of Civil Services Board (CSB)
• Recently appointed for one more year.
RECENT ISSUES
• The Supreme Court ruled that a government cannot be
held vicariously responsible for remarks made by its
ministers even if the statement relates to affairs of the
state.
• It said the right of free speech and expression, guaranteed
under Article 19 (1) (a), cannot be curbed by any
additional grounds other than those already laid down in
Article 19 (2).
• Writing for the majority, Justice Ramasubramaian said
“collective responsibility is that of the Council of
Ministers. Each individual Minister is responsible for the
decisions taken collectively by the Council of Ministers.
• It is not possible to extend this concept of collective
responsibility to any and every statement orally made by
a Minister outside the House of the People/Legislative
Assembly
Governor
Chief executive head of the state
Like the President, he is a nominal executive head (titular or

constitutional or dejure).
7th Constitutional Amendment Act of 1956 facilitated

appointment of same person as a governor for two or more
states.
Governor’s Appointment
• Neither directly elected by the people nor indirectly
elected.
• He is appointed by the President by warrant under
his hand and seal.
• Qualification - Should be a citizen of India and should
have completed the age of 35 years.
o Additionally, two conventions have developed.
 First, he should be an outsider
 Second, before appointing, the President is
required to consult the Chief minister of the state
concerned
Conditions of Governor’s office –
Should not be a member of either House of
Parliament or a House of the state legislature,
should not hold any other office of profit (Same as
President)
Term of Governor’s Office
Holds office for a term of five years from the date on which he enters upon his
office. However, this term of five years is subject to the pleasure of the President.
Constitution does not lay down any grounds for removal of Governor.
Further, he can resign at any time by addressing a resignation letter to the

President.
The President may transfer a Governor from one state to another for the rest of the
term. Further, a Governor whose term has expired may be reappointed in any
state.
Term of Governor’s Office
A governor can hold office beyond his term of five years until his
successor assumes charge. The underlying idea is that there must be a
governor in the state and there cannot be an interregnum.
President can make provisions for the discharge of functions of Governor

in any contingency.
Power and Functions of Governor
• Governor possesses executive, legislative, financial
and judicial powers.
• However, he has no diplomatic, military or emergency

powers like the president.
• Executive
o Make rules for more convenient transaction of the
business, appoints the chief minister and other
ministers.
o Appointment of a Tribal Welfare minister in the

states of Chattisgarh, Jharkhand, Madhya Pradesh
and Odisha. Bihar was excluded from this provision
by the 94th Amendment Act of 2006.
• Executive
o Recommends imposition of constitutional emergency in

a state to the President. During the period of President’s
rule in a state, the governor enjoys extensive executive
powers as an agent of the President.
• Legislative Powers
o Summon or prorogue the state legislature, address
the state legislature, send messages to the house,
promulgate ordinances, lay reports etc.
o Nominates one-sixth of the members of the state

legislative council from amongst persons having
special knowledge or practical experience in
literature, science, art, cooperative movement and
social service.
o Point of Note - No longer nominate one member to

the state legislative assembly from the Anglo-Indian
Community.
o Decides on the question of disqualification of

members of the state legislature in consultation
with the Election Commission.
• When a bill is sent to the Governor after it is passed by state
legislature, he can:
o Give his assent to the bill, or Withhold his assent to the bill, or
Return the bill (if it is not a money bill) for reconsideration of
the state legislature.
o However, if the bill is passed again by the state legislature
with or without amendments, the Governor has to give his
assent to the bill or Reserve the bill for the consideration of
the President.
o In one case such reservation is obligatory, that is, where the
bill endangers the position of the State High Court.
• In addition, Governor can also reserve the bill if it is of
the following nature:
o Ultra-vires to the provisions of the Constitution.
o Opposed to the Directive Principles of State Policy.
o Against the larger interest of the country.
o Of grave National Importance.
o Dealing with compulsory acquisition of property
under Article 31A of the Constitution.
• Financial Powers - sees that the Annual Financial
Statement (state budget), Money bills can be
introduced only with his prior recommendation.
o No demand for a grant can be made except on his

recommendation. Make advances out of
Contingency Fund of the state, constitutes a finance
commission after every five years.
• Judicial Powers
o Makes appointments, postings and promotions of

the district judges in consultation with State High
Court.
o Appoints persons to the judicial service of the state

(other than district judges) in consultation with the
State High Court and State Public Service
Commission.
• Judicial Powers
o Grant pardons, reprives, respites and remissions of
punishment
• Veto Power of Governor
• Ordinance-Making Power of Governor
• Pardoning powers
Constitutional Position of Governor
• Constitution makes it clear that if any question arises
whether a matter falls within the governor’s
discretion or not, the decision of the governor is final
and the validity of anything done by him cannot be
called in question on the ground that he ought or
ought not to have acted in his discretion.
• Constitutional Position of Governor differs from that
of the President in the following two respects
o While the Constitution envisages the possibility of

the governor acting at times in his discretion, no
such possibility has been envisaged for the
President.
o After the 42nd Constitutional Amendment (1976),

ministerial advice has been made binding on the
President, but no such provision has been made
with respect to the governor.
• Governor has constitutional discretion in the
following cases:
o Reservation of a bill for the consideration of the
President.
o Recommendation for the imposition of the

President’s Rule in the state.
o While exercising his functions as the administrator

of an adjoining union territory (in case of additional
charge).
• Governor has constitutional discretion in the
following cases
o Sixth Schedule
o Determining the amount payable by the
Government of Assam, Meghalaya, Tripura and
Mizoram to an autonomous Tribal District Council
as royalty accruing from licenses for mineral
exploration.
o Seeking information from the chief minister with
regard to the administrative and legislative matters
of the state.
• Further, the governor, like the President, also has
Situational discretion.
• Governor has certain special responsibilities to discharge
according to the directions issued by the President. In this
regard, the governor, though has to consult the council of
ministers led by the chief minister, acts finally on his
discretion.
o Maharashtra–Establishment of separate development
boards for Vidarbha and Marathwada.(371)
o Gujarat–Establishment of separate development boards
for Saurashtra and Kutch.(371)
o Nagaland–With respect to law and order in the state for
so long as the internal disturbance in the Naga Hills-
TUensang Area continues.(371-A)
o Assam–With respect to the administration of tribal areas.(371-B)
o Manipur–Regarding the administration of the hill areas in the
state.(371-C)
o Sikkim–For peace and for ensuring social and economic
advancement of the different sections of the population.(371-F)
o Arunachal Pradesh–With respect to law and order in the
state.(371-H)
o Karnataka - Establishment of a separate development board for
Hyderabad-Karnataka region(371-J)
Current updates
 Kerala’s Governor Arif Mohammed Khan recently threatened to sack
ministers who “lowered the dignity” of his office.
 The Governor tweeted from his twitter handle “the CM and Council of
Ministers have every right to advise Governor but statements of
individual ministers that lower the dignity of the office of the Governor,
can invite action including withdrawal of pleasure”.
 Article 164(1) says state “Ministers shall hold office during the pleasure
of the Governor”.
 However, Constitutional experts say the Governor cannot remove a
minister in their own capacity without obtaining the sanction of the Chief
Minister or consulting with the latter.
 If a Governor removes a minister in their own capacity, that will result in
‘parallel governance’.
 Only when the Chief Minister allows it, then the Governor is empowered
to remove the minister.
Current updates
Various judicial pronouncements for Pleasure of the Governor
o Mahabir Prasad v. Prafulla Chandra 1969, the governor's pleasure under
article 164(1) is subject to Article 164(2).
✓ Thus the withdrawal of the governor’s pleasure must coincide with the
withdrawal of support to the government by the assembly.
Current updates
Shamsher Singh & Anr vs State Of Punjab (1974) –
The Supreme Court held that the President and Governor shall exercise
their formal constitutional powers only upon and in accordance with the
advice of their Ministers except in a few well known exceptional
situations.
The Court also added that even in case of the Prime Minister/Chief
Minister cease to command majority in the House OR the government
loses majority but refuses to quit office OR for “the dissolution of the
House where an appeal to the country is necessitous” –
The Head of the State (President/Governor) should avoid getting
involved in politics and must be advised by his Prime Minister
(Chief Minister) who will eventually take the responsibility for the
step.
Current updates
Nabam Rebia And Etc. vs Deputy Speaker And Ors (2016) –
The Constitution Bench judgment of the Supreme Court in Nabam Rebia
versus Deputy Speaker on July 13, 2016, held that a Governor is bound to
convene a meeting of the Assembly for a floor test on the recommendation of
the Cabinet
The Supreme Court cited the observations of B R Ambedkar –

“The Governor under the Constitution has no function which he
can discharge by himself; no functions at all. While he has no
functions, he has certain duties to perform, and I think the House
will do well to bear in mind this distinction.
The court said the Governor’s discretionary powers are limited to
specified areas like giving assent or withholding/referring a Bill to
the President or appointment of a Chief Minister or dismissal of a
government which has lost of confidence but refuses to quit, etc
Current updates
Governor Role in Universities
• Kerala High Court recently refrained the Governor in his capacity as
Chancellor from passing final orders in show cause notices sent to 8 Vice
Chancellors of universities.
• Also, on 9 November Kerala government voted to pass an ordinance to
remove Governor Arif Mohammed Khan as the Chancellor of Universities.
Current updates
 On June 13, 2022, the West Bengal government passed a Bill to replace the
Governor with the Chief Minister, as the Chancellor of 31 state public
universities (such as Calcutta University, Jadavpur University).
 However, in July, West Bengal Governor Jagdeep Dhankar returned the
Bill on the ground of “incompleteness of compliance”
 State public universities are established through laws passed by state
legislatures.
 In most laws the Governor has been designated as the Chancellor of these
universities.
 The Chancellor functions as the head of public universities, and appoints
the Vice-Chancellor of the university.
 The Chancellor can declare invalid, any university proceeding which is not
as per existing laws.
 In some states (such as Bihar, Gujarat, and Jharkhand), the Chancellor has
the power to conduct inspections in the university.
 The Chancellor also presides over the convocation of the university, and
confirms proposals for conferring honorary degrees.
Current updates
 This is different in Telangana, where the Chancellor is appointed by the
state government.
 The Chancellor presides over the meetings of various university bodies
(such as the Court/Senate of the university).
 The Court/Senate decides on matters of general policy related to the
development of the university, such as: (i) establishing new university
departments, (ii) conferring and withdrawing degrees and titles, and (iii)
instituting fellowships.
 In 1997, the Supreme Court held that the Governor was not bound by the
aid and advice of the Council of Ministers, while discharging duties of a
separate statutory office (such as the Chancellor).
 The Sarkaria and Punchhi Commission also dealt with the role of the
Governor in educational institutions.
 Both Commissions concurred that while discharging statutory functions,
the Governor is not legally bound by the aid and advice of the Council of
Ministers.
Current updates
 Recently, some states have taken steps to reduce the oversight of the
Governor in state public universities.
 In April 2022, the Tamil Nadu Legislative Assembly passed two Bills, to
transfer the power of appointing the Vice-Chancellor (in public
universities) from the Governor, to the state government.
 The Bills passed in Tamil Nadu stress that “every appointment of the
Vice-Chancellor shall be made by the Government from out of a panel
of three names” recommended by a search-cum-selection committee.
Current updates
Governor Role in Universities (Why the clash)
 Education comes under the Concurrent List, but entry 66 of the Union
List — “coordination and determination of standards in institutions for
higher education or research and scientific and technical institutions” —
gives the Centre substantial authority over higher education
 The "Visitor/Chancellor" — typically the Governor in states — shall
appoint the vice chancellor from a panel of names recommended by
search-cum-selection committees, as per the UGC (Minimum
Qualifications for Appointment of Teachers and Other Academic Staff in
Universities and Colleges and Other Measures for the Maintenance of
Standards in Higher Education) Regulations, 2018.
 Higher education institutions are required to abide by its rules, especially
those that receive UGC funding.
 In the case of central universities, these are typically adhered to without
issue, but in the case of state universities, the states occasionally oppose
them.
Contemporary updates
TN Governor issue
• On 31 October 2023, the government of Tamil Nadu approached the
Supreme Court challenging Governor R.N. Ravi’s decision to keep various
Bills and other proposals submitted by the state government pending
indefinitely.
• The state government pointed out that there were four categories of
“cases” which had been kept pending by the Governor with no response.
• The first category of cases related to 12 bills that had been passed by the
Tamil Nadu Legislative Assembly between 2020 and 2023.
• Article 200 of the Constitution states that after the passage of a Bill by a
state Legislative Assembly, or in case of a bicameral legislature, both
Houses of the state, the Bill ought to be presented to the Governor.
• The Governor shall then have either of three options: to assent to the Bill,
withhold assent from the Bill, or reserve the Bill for consideration of the
President.
• Tamil Nadu has said that the 12 Bills sent to the Governor between 13
January 2020 and 28 April 2023 amend legislations that established state
universities in Tamil Nadu.
• Eight of the 12 Bills seek to empower the state government to appoint the
Vice Chancellor of the universities instead of the Governor, one Bill seeks
inclusion of a government nominee on a selection panel for the
appointment of the Vice Chancellor.
• One Bill also seeks complete control of the state government over the
appointment of Vice Chancellors of all state universities (barring the
University of Madras) instead of the Governor.
• The second category of pending cases pertains to files submitted by the
state government between 10 April 2022 and 15 May 2023 which seek
sanction for prosecution of public servants for various crimes involving
acts of moral turpitude, under the Prevention of Corruption Act, 1988.
• Further, the government has argued that 54 files on premature release of
prisoners, submitted to the Governor between 24 August 2023 and 28 June
2023 have remained pending.
• Finally, various proposals for the appointment of members for the Tamil
Nadu Public Service Commission have remained pending. Article 316 of
the Constitution states that the Chairman and other members of a State
Public Service Commission are to be appointed by the Governor.
• On 10 November 2023, the Bench found that the pendency of the
proposals and Bills was “a matter of serious concern.” It issued notice to
the Union of India through the Home Ministry and requested the
Attorney General or Solicitor General to assist the Court.
• On November 20, the Court learned that the Governor had “withheld
assent” (the constitutional term for sending the Bill back to the Assembly)
from 10 of the Bills.
• CJI Chandrachud observed that the Governor had only now withheld
assent to the Bills after the order of the Court on 10 November, even
though the Bills had been pending since January 2020.
• Following the Governor’s “withholding”, the Legislative Assembly had
readopted the Bills.
• CJI Chandrachud stated that the question he wished to answer was
whether, under Article 200, the Governor was mandated to resend a Bill to
the legislature, or whether he can simply say that he was withholding
assent.
• The petitioners argued that such a “pocket veto” did not exist—if the
Governor is allowed to withhold bills indefinitely, “governance will be
paralysed.” The CJI also asked the petitioners whether the Governor could
send the Bill to the President after it had been re-passed by the Assembly.
The petitioners argued that the Governor had no such power.
• Judgement is awaited.
Punjab Governor Issue
• In a significant judgment delineating the limits of the gubernatorial

powers, the Supreme Court held that it is not open for a Governor to
withhold assent to bills by doubting the validity of the legislative session
in which they were passed.
• Declaring so, the Court held that the Punjab Governor Banwarilal Purohit
must proceed to decide on the four bills which have been submitted for
his assent. The Punjab Governor had withheld assent on the bills by
doubting the validity of the June session of the Punjab Vidhan Sabha, in
which they were passed.
• The bench comprising Chief Justice of India DY Chandrachud, Justices
JB Pardiwala and Manoj Misra passed a categorical declaration that the
June Session of the Punjab Assembly was valid.
• The bench held that it was within the powers of the Speaker to adjourn the
budget session convened in March 2023, instead of proroguing it, and
calling back the session again in June.
Deciding a writ petition filed by the Punjab Government against the
Governor's inaction on four bills, which include money bills, the bench
observed in the judgment :
"Any attempt to cast doubt on the session of the legislature would be fraught with
great perils to democracy. The Speaker, who has been recognised to be the guardian of
the privileges of house,was acting in his jurisdiction in adjourning the house sine die.
• Casting doubt on the validity of the session of the house is not a constitutional
option open to the governor. The legislative assembly comprises of duly elected
members of legislature".
• "It must be noted that in a Parliamentary form of democracy, real power rests
with the elected representatives of the people..... The Governor, as an appointee of
the President, is the titular head of the State", the Court observed in the
judgment.
In this judgment, the Court has provided an answer to this issue.
"If the Governor decides to withhold assent under the substantive part of Article 200,
the logical course of action is to pursue the course indicated in the first proviso of
remitting the Bill to the state legislature for reconsideration. In other words, the
power to withhold assent under the substantive part of Article 200 must be read
together with the consequential course of action to be adopted by the Governor under
the first proviso,“.
• The bench also observed that the Speaker's powers to adjourn the session
cannot be misused to keep the house in a suspended animation
permanently. There has to be three sessions of the house in a year and one
session cannot be allowed to be indefinitely extended.
Legislative Council
• There is no uniformity in the organisation of state
legislatures.
• Most of the states have an unicameral system, while
others have a bicameral system.
• At present (2019), only six states have two Houses
(bicameral).
• These are Andhra Pradesh, Telangana, Uttar Pradesh,
Bihar, Maharashtra and Karnataka.
• The 7th Amendment Act of 1956 provided for a
Legislative Council in Madhya Pradesh. But it was
not notified by the President so it hasn’t been
constituted.
Legislative Council and Legislative Assembly
• The Constitution provides for the abolition or creation of
legislative councils in states.
• Accordingly, the Parliament can abolish a legislative
council (where it already exists) or create it (where it does
not exist), if the legislative assembly of the concerned
state passes a resolution to that effect.
• Such a specific resolution must be passed by the state
assembly by a special majority, that is, a majority of the
total membership of the assembly and a majority of not
less than two-thirds of the members of the assembly
present and voting.
• This Act of Parliament is not to be deemed as an
amendment of the Constitution for the purposes of
Article 368 and is passed like an ordinary piece of
legislation (ie, by simple majority).
Legislative Council and Legislative Assembly
• The legislative assembly consists of representatives

directly elected by the people on the basis of
universal adult franchise.
• Its maximum strength is fixed at 500 and minimum
strength at 60.
• It means that its strength varies from 60 to 500
depending on the population size of the state.
• However, in case of Arunachal Pradesh, Sikkim and
Goa, the minimum number is fixed at 30 and in case
of Mizoram and Nagaland, it is 40 and 46 respectively
Legislative Council
• Unlike the members of the legislative assembly, the

members of the legislative council are indirectly
elected.
• The maximum strength of the council is fixed at one-
third of the total strength of the assembly and the
minimum strength is fixed at 40.
• It means that the size of the council depends on the
size of the assembly of the concerned state.
• This is done to ensure the predominance of the
directly elected House (assembly) in the legislative
affairs of the state.
Legislative Council
Manner of Election
Of the total number of members of a legislative council:
1. 1/3 are elected by the members of local bodies in the state like
municipalities, district boards, etc.,
2. 1/12 are elected by graduates of three years standing and residing
within the state,
3. 1/12 are elected by teachers of three years standing in the state, not
lower in standard than secondary school,
4. 1/3 are elected by the members of the legislative assembly of the state
from amongst persons who are not members of the assembly, and
5. the remainder are nominated by the governor from amongst persons
who have a special knowledge or practical experience of literature,
science, art, cooperative movement and social service.
Legislative Council
Manner of Election
• This scheme of composition of a legislative council as
laid down in th Constitution is tentative and not final.
The Parliament is authorised to modify or replace the
same.
• However, it has not enacted any such law so far.
• Like the Rajya Sabha, the legislative council is a
continuing chamber, that is, it is a permanent body
and is not subject to dissolution.
• But, one-third of its members retire on the expiration
of every second year
Parliament
Majorities
S.No Event Type of Majority Article
1. Admission or Establishment of New States Simple majority in both 3
houses
2. Abolition/Creation of Legislative Council Simple in parliament 169
50% of total strength
+2/3rd of present and
voting in Legislative
Assembly
3. Constitutional Amendment of 50% of total strength 368

Fundamental Rights, DPSP etc + +2/3rd of present and
Impeachment of Judge of SC/HC voting
+Removal of CAG+ Removal of CEC
4. Constitutional Amendment of Federal 50% of total strength 368
Issues +2/3rd of present and
voting
+50% of state
legislatures
5. Approval of Proclamation of National 50% of total strength 352
Emergency +2/3rd of present and
voting
Majorities
S.No Event Type of Majority Article
6. Disapproval of National Simple Majority of 352
Emergency Lok Sabha only
7. Approval of Proclamation of Simple Majority in 356
President’s Rule both houses
8. Approval of Proclamation of Simple Majority in 360
Financial Emergency both houses
9. Impeachment of President of India Majority of 2/3rd of 61
total strength
10. Removal of Vice President Effective Majority in 67
Rajya Sabha and
Simple Majority in
Lok Sabha
11. Removal of Speaker/Deputy Effective majority in 94
Speaker of Lok Sabha Lok Sabha only
Majorities
S.N Event Type of Majority Article
o
12. Removal of Deputy Chairman of Effective majority 90

Rajya Sabha of Rajya Sabha
ONLY
13. No Confidence Motion Simple Majority in Not mentioned in
Lok Sabha ONLY constitution
14. Ordinary Bill Simple Majority in 107

both Houses
15. New All India Service 2/3 rd present and 312
voting in Rajya
Sabha
16. Parliament make a law on state 2/3 rd present and 249
subject voting in Rajya
Sabha
Readjustment after each Census:
• The expression ‘population’ means the population as
ascertained at the preceding census of which the relevant
figures have been published. After every census, a
readjustment is to be made in (a) allocation of seats in the
Lok Sabha to the states, and (b) division of each state into
territorial constituencies.
• Parliament is empowered to determine the authority and
the manner in which it is to be made. Accordingly, the
Parliament has enacted the Delimitation Commission
Acts in 1952, 1962, 1972 and 2002 for this purpose.
• The 42nd 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 level.
Delimitation Commission :
• The job of delimitation is assigned to a high power
body. Such a body is known as Delimitation
Commission or a Boundary Commission.
• In India, such Delimitation Commissions have been
constituted 4 times – in 1952 under the Delimitation
Commission Act, 1952, in 1963 under Delimitation
Commission Act, 1962, in 1973 under Delimitation Act,
1972 and in 2002 under Delimitation Act, 2002.
August 14-15 1947
1962- Chinese aggression
1972 – 25 years of independence
1992 – 50 years of QIM
1997- 2 special sessions for 50 years of independence

2015 – Adoption of constitution and 150th birth
anniversary of Dr BR Ambedkar
June 2017 - GST
September 2023
Delimitation Commission :
• The Delimitation Commission in India is a high power body whose
orders have the force of law and cannot be called in question before
any court.
• These orders come into force on a date to be specified by the President
of India in this behalf.
• The copies of its orders are laid before the House of the People and the
State Legislative Assembly concerned, but no modifications are
permissible therein by them.
• Members mostly include :
 A retired judge of the Supreme Court
 The Chief Election Commissioner
 State Election Commissioners (of the respective states)
106th Constitutional Amendment Act
Context:
• Recently, The President gave her assent to the Women
Reservation Bill which seeks to provide 33% reservation
to women in the Lok Sabha and State Assemblies.
Though, it was introduced as the Constitution (128th)
Amendment Bill in the Lok Sabha, now it will be known
as the Constitution (106th Amendment) Act.
106th Amendment Act
Background:
 In 1996, Government introduced the 81st Constitution
Amendment Bill in Lok Sabha for reservation of women in the
Parliament. It was then referred to a Joint Parliamentary
Committee chaired by Geeta Mukherjee.
 In December 1996, the Mukherjee committee presented its
report to the Lok Sabha. However, the Bill lapsed with
dissolution of the Lok Sabha.
 In 1998, Government pushed the Women Reservation Bill in
the 12th Lok Sabha. However, the Bill lapsed again.
106th Amendment Act
 In 1999, 2002 and 2003 the bill was introduced again by the
government but to no avail.
 In 2004, Government included it in its Common Minimum
Programme. It even included five out of the seven
recommendations made by the Mukherjee Committee. In
2010, this bill was passed by the Rajya Sabha. However, it was
not taken up by the Lok Sabha.
 In 2023, Government tabled the Women Reservation again.
However, this time it was passed by both the Lok Sabha and
the Rajya Sabha.
106th Amendment Act
Analysis:
Provisions of the Act:
 The aim of the Act is:
o To bring in 33% reservation for women in the Lok
Sabha and all state Legislative Assemblies including
Delhi.
o To extend the 33% quota to the seats reserved for
SC/STs.
 It has provisions for rotation of seats so as to allow
women to participate form different constituencies.
106th Amendment Act
 It has a sunset clause of 15 years implying that the
reservation will only be for a period of 15 years from
the date of commencement of the Act.
 It makes reservation contingent upon the delimitation
process.
 Since, the 84th Amendment Act extended the freeze on
the delimitation exercise by 25 years, delimitation can
happen only after the results of the “First Census after
2026” is published and reservation operationalized by
2029 (unless government amends these provisions as
well).
106th Amendment Act
• It proposes to introduce new articles - 330A and 332A, in
the Constitution to make changes for Lok Sabha and State
assemblies respectively.
• Article 334A - The Act’s provisions shall come into effect
after delimitation following the first census after the
commencement of this act.
✓ Sunset clause: Reservation of seats for women shall cease
to have effect after the expiration of 15 years. However, it can
be extended by the Parliament by law.
✓ Periodic rotation of seats reserved for women after
subsequent delimitation.
✓ The act won’t affect any representation in existing
legislative assemblies and Lok Sabha until their dissolution.
Note: The provisions cannot be applied to Rajya Sabha or
Legislative Councils due to indirect nature of elections.
Parliamentary Privileges and Privileges
Committee
• Privileges Committee
• Lok Sabha – 15 members
• Rajya Sabha – 10 members
• Nominated by presiding officers
• Breach of Privilege versus Contempt of House
Parliamentary Privileges and Privileges
Committee
Parliamentary privileges can be classified into two
broad categories:
Collective Privileges: These privileges that belong to each House of Parliament collectively are:
1. In has the right to publish its reports, debates and proceedings and also the right to prohibit others
from publishing the same. The 44th Amendment Act of 1978 restored the freedom of the press to
publish true reports of parliamentary proceedings without prior permission of the House. But this is
not applicable in the case of a secret sitting of the House.
2. It can exclude strangers from its proceedings and hold secret sittings to discuss some important
matters.
3. It can make rules to regulate its own procedure and the conduct of its business and to adjudicate
upon such matters.
4. It can punish members as well as outsiders for breach of its privileges or its contempt by
reprimand, admonition or imprisonment (also suspension or expulsion, in case of members).
5. It has the right to receive immediate information of the arrest, detention, conviction, imprisonment
and release of a member.
6. It can institute inquiries and order the attendance of witnesses and send for relevant papers and
records.
7. The courts are prohibited to inquire into the proceedings of a House or its committees.
8. No person (either a member or outsider) can be arrested, and no legal process (civil or criminal) can
be served within the precincts of the House without the permission of the presiding officer.
Parliamentary privileges can be classified into two
broad categories:
Individual Privileges: The privileges belonging to

the members individually are:
1. They cannot be arrested during the session of
Parliament and 40 days before the beginning and
40 days after the end of a session. This privilege is
available only in civil cases and not in criminal
cases or preventive detention cases. (Section 55 of
cpc)
2.They have freedom of speech in Parliament. No
member is liable to any proceedings in any court
for anything said or any vote given by him in
Parliament or its committees. This freedom is
subject to the provisions of the Constitution and to
the rules and standing orders regulating the
procedure of Parliament.
3. They are exempted from jury service. They can
refuse to give evidence and appear as a witness in
a case pending in a court when Parliament is in
session.
• The Indian Parliament, till now, has not made any special
law to exhaustively codify all the privileges.
Constitutional provisions,
Various laws made by

Parliament,
They are based on five

Rules of both the Houses,
sources, namely:
Parliamentary conventions
Judicial Interpretations
Suspension of MP/MLA
• Recently, Lok Sabha has suspended four (Member of
Parliament) MPs and Rajya Sabha also suspended 23 MPs as
they were disrupting the proceedings of the house.
Rules of Procedure and Conduct:
• Rule 373: The Speaker can direct a member to withdraw
immediately from the House if he finds the member's conduct
disorderly.
• Members so ordered to withdraw shall do so forthwith and
shall remain absent during the remainder of the day’s sitting.
• Rule 374: The Speaker can name a member who disregards
the authority of the Chair or abuses the rules of the House by
persistently and wilfully obstructing the business thereof.
• And the member so named will be suspended from the House
for a period not exceeding the remainder of the session.
• A member suspended under this rule shall forthwith
withdraw from the precincts of the House.”
Suspension of MP/MLA
• Rule 374A: Rule 374A was incorporated in the Rule Book in
December 2001.
• In case of gross violation or severe charges, on being named by
the Speaker, the member stands automatically suspended from
the service of the House for five consecutive sittings or the
remainder of the session, whichever is less.
• Rule 255 (Rajya Sabha): Under Rule 255 of the General Rules of
Procedure of the Rajya Sabha, the presiding officer of the House
can invoke suspension of the Member of Parliament.
• The Chairman as per this rule can direct any member whose
conduct in his opinion was not right or was disorderly.
• Rule 256 (Rajya Sabha): It provides for suspension of members.
• The Chairman can suspend a member from the service of the
Council for a period not exceeding the remainder of the Session.
Rajya Sabha Rules in News
• Rule 176 - Rule 176 allows for a short-duration discussion, not exceeding
two-and-a-half hours, on a particular issue.
• Rule 267 - a Rajya Sabha MP has the special power to suspend the pre
decided agenda of the House, with the approval of the Chairman.
(Adjournment Motion type)
Office of Profit
• Under the provisions of Article 102 (1) and Article 191 (1) of the
Constitution, an MP or an MLA (or an MLC) is barred from holding
any office of profit under the central or state government.
• The article states that “a person shall not be deemed to hold an
office of profit under the government of India or the government of
any state by reason only that he is a minister”.
• Provisions of Articles 102 and 191 also protect a legislator occupying
a government position if the office in question has been made
immune to disqualification by law.
• In the recent past, several state legislatures have enacted laws
exempting certain offices from the purview of office of profit.
• Parliament has also enacted the Parliament (Prevention of
Disqualification) Act, 1959, which has been amended several times
to expand the exempted list.
• There is no bar on how many offices can be exempted from the
purview of the law.
Disqualifications:
1. if he holds any office of profit under the Union or state
government (except that of a minister or any other office exempted
by Parliament).
2. if he is of unsound mind and stands so declared by a court.

Under the
Constitution, a
person shall be 3. if he is an undischarged insolvent.
disqualified for
being elected as
MP: 4. 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.
5. if he is so disqualified under any law made by Parliament.

• The Parliament has laid down the following additional disqualifications in the
Representation of People Act (1951):
1. He must not have been found guilty of certain election offences or corrupt practices in the
elections.
2. He must not have been convicted for any offence resulting in imprisonment for two or
more years. But, the detention of a person under a preventive detention law is not a
disqualification.
3. He must not have failed to lodge an account of his election expenses within the time.
4. He must not have any interest in government contracts, works or services.
5. He must not be a director or managing agent nor hold an office of profit in a corporation in
which the government has at least 25 per cent share.
6. He must not have been dismissed from government service for corruption or disloyalty to
the State.
7. He must not have been convicted for promoting enmity between different groups or for the
offence of bribery.
8. He must not have been punished for preaching and practising social crimes such as
untouchability, dowry and sati.
• On the question whether a member is subject to any of the above
disqualifications, the president’s decision is final. However, he should obtain
the opinion of the election commission and act accordingly.
S.no. Section Disqualification Duration
1. 8 Disqualification on conviction for 6 years (from release)
certain offences
section 153A, section 376 or
section 376A or section 376B or
section 376C or section 376D
(offences relating to rape) or
section 498A (offence of cruelty
towards a woman by husband or
relative of a husband
,UAPA,NDPS Act,PCA, Sati etc.
2 8A Corrupt Practices under Section 6 years
99
3 9 Dismissal for corruption and 5 years from
Disloyalty dismissal
4 9A Government Contracts As long as contract
runs
5 10 Office under government As long as office is
company held
6 10A Failure to lodge election expense Three Years
Defection and Disqualification:
• The anti-defection law is contained in the 10th Schedule
of the Constitution. It was enacted by Parliament in 1985
and came into effect on 1st March 1985.
• For a long time, the Indian political scene was
besmirched by political defections by members of the
legislature. This situation brought about greater
instability in the political system.
• The infamous “Aaya Ram, Gaya Ram” slogan was
coined against the background of continuous defections
by the legislators. The purpose of the law is to curb
political defection by the legislators.
• The anti-defection law deals with situations of defection
in Parliament or state legislatures by: (i) members of a
political party, (ii) independent members, and (iii)
nominated members.
If a person is elected to both the
Houses of Parliament, he must
intimate within 10 days in which
House he desires to serve. In
default of such intimation, his seat
in the Rajya Sabha becomes vacant. If a person is elected to two
seats in a House, he should
exercise his option for one.
Otherwise, both seats become
vacant.
If a sitting member of one
House is also elected to the
other House, his seat in the first
House becomes vacant.
If an MLA becomes MP, his

seat in Parliament becomes
vacant if he does not resign his
seat in the state legislature
within 14 days.
Speaker of Lok Sabha Chairman of Rajya Sabha
• The Speaker decides whether • The Chairperson of Rajya
a bill is a money bill or not Sabha has no role in this
and his decision on this regard.
question is final.
• The Speaker presides over a • The Chairperson of Rajya
joint sitting of two Houses of Sabha does not lead the join
Parliament. sitting under any
circumstances.
• The Speaker is member of the • The Chairman is not a
House that is Lok Sabha. member of the House.
Secretariat of Parliament:
• Each House of Parliament has separate secretarial staff of
its own, though there can be some posts common to both
the Houses (Article 98).
• Their recruitment and service conditions are regulated by
Parliament. The secretariat of each House is headed by a
secretary-general. He is a permanent officer and is
appointed by the presiding officer of the House.
Lok Sabha Secretariat: Rajya Sabha Secretariat:

The Lok Sabha Secretariat is an The Rajya Sabha Secretariat functions
independent office of Lok Sabha which under the overall guidance and control of
functions under advise of the Speaker of the Chairman, Rajya Sabha.
Lok Sabha. The Chairman, Rajya Sabha is assisted by
The Speaker of the Lok Sabha is assisted the Secretary-General, who holds the rank
by the Secretary-General, Lok Sabha who of the Cabinet Secretary to the
holds the rank of the Cabinet Secretary . Government of India.
• When the Lok Sabha is dissolved, all business including bills, motions,
resolutions, notices, petitions and so on pending before it or its
committees lapse. However, some pending bills and all pending
assurances that are to be examined by the Committee on Government
Assurances do not lapse on the dissolution of the Lok Sabha.
Bills that lapse: Bills that don’t lapse:
A bill pending in the Lok Sabha lapses A bill not passed by the two Houses due to
(whether originating in the Lok Sabha disagreement and if the president has notified
or transmitted to it by the Rajya Sabha). the holding of a joint sitting before the
dissolution of Lok Sabha, does not lapse.
A bill passed by the Lok Sabha but A bill pending in the Rajya Sabha but not
pending in the Rajya Sabha lapses. passed by the Lok Sabha does not lapse.
A bill passed by both Houses but pending

Lame Duck Session refers to the last session of the assent of the president does not lapse.
existing Lok Sabha, after a new Lok Sabha has been
elected. Those members of the existing Lok Sabha A bill passed by both Houses but returned by
who could not get re-elected to the new Lok Sabha the president for reconsideration of Houses
are called lame-ducks. does not lapse.
• Adjournment Motion: It is introduced in the Parliament to draw
attention of the House to a definite matter of urgent public importance
and needs the support of 50 members to be admitted. As it interrupts the
normal business of the House, it is regarded as an extraordinary device. It
involves an element of censure against the government and hence Rajya
Sabha is not permitted to make use of this device.
• The discussion on an adjournment motion should last for not less than
two hours and thirty minutes. The right to move a motion for an
adjournment of the business of the House is subject to the following
restrictions:
1. It should raise a matter which is definite, factual, urgent and of public importance;
2. It should not cover more than one matter;
3. It should be restricted to a specific matter of recent occurrence and should not be
framed in general terms;
4. It should not raise a question of privilege;
5. It should not revive discussion on a matter that has been discussed in the same
session;
6. It should not deal with any matter that is under adjudication by court; and
7. It should not raise any question that can be raised on a distinct motion.
Censure Motion and No-Confidence Motion:
Censure Motion No-Confidence Motion
A censure literally means expression of Article 75 of the Constitution says that the
strong disapproval or harsh criticism. council of ministers shall be collectively
responsible to the Lok Sabha. It needs the
support of 50 members to be admitted.
It may be moved by opposition against a Rule 198 of the Rules of Procedure and Conduct
specific policy of government or against of Business in Lok Sabha lays down the
an individual minister or against the procedure for moving a Motion of No-
whole council of ministers. Confidence in the Council of Ministers.
It should state the reasons for its A no-confidence motion can be moved only in
adoption in the Lok Sabha. Lok Sabha (or state assembly as the case may be)
and need not state the reasons for its adoption in
the Lok Sabha .
If it is passed in the Lok Sabha, the A no-confidence motion demonstrates to the
council of ministers need not resign from head of state that the elected Parliament no
the office. longer has confidence in the government. The
government has to resign.
Resolutions v/s Motions:
Resolutions Motions
Resolution is a self-contained Motion is a formal proposal made to the
independent proposal submitted for the House by a member requesting the
approval of the House and drafted in House to do something, order
such away as to be capable of something to be done or express an
expressing a decision of the House.. opinion with regard to some matter.
All resolutions come in the category of Motions can be of various types apart
substantive motions. from substantive.
All the resolutions are required to be All motions are not necessarily put to
voted upon. vote of the House.
Once a resolution has been moved, it The motion may be withdrawn by the
cannot be withdrawn except by leave of member who proposes it before the
the House. motion is put to vote.
Parliament can reduce or
Money Bill:
abolish a tax but cannot
increase it.
The imposition, abolition, remission, alteration or regulation of any

tax;
The regulation of the borrowing of money by the Union government;

Article 110 of the
Constitution deals with The custody of the Consolidated Fund of India or the contingency
the definition of money fund of India, the payment of moneys into or the withdrawal of
bills. It states that a bill is money from any such fund;
deemed to be a money The appropriation of money out of the Consolidated Fund of India;
bill if it contains ‘only’
provisions dealing with
all or any of the Declaration of any expenditure charged on the Consolidated Fund of
following matters: India or increasing the amount of any such expenditure;
The receipt of money on account of the Consolidated Fund of India or
the public account of India or the custody or issue of such money, or
the audit of the accounts of the Union or of a state; or
Any matter incidental to any of the matters specified above.

A money bill can only be introduced in the Lok Sabha and
that too on the recommendation of the President. Every
such bill is considered to be a government bill and can be Article 109
introduced only by a minister.
After a money bill is passed by the Lok Sabha, it is transmitted

to the Rajya Sabha for its consideration. The Rajya Sabha has
restricted powers with regard to a money bill. It cannot reject or
amend a money bill. It can only make the recommendations.
Rajya Sabha must return the bill to the Lok Sabha within 14
days, whether with or without recommendations. The Lok
Sabha can either accept or reject all or any of the
recommendations of the Rajya Sabha.
If the Lok Sabha accepts any recommendation, the bill is then
deemed to have been passed by both the Houses in the modified
form. If the Lok Sabha does not accept any recommendation, the
bill is then deemed to have passed by both the Houses in the
form originally passed by the Lok Sabha without any change.
If the Rajya Sabha does not return the bill to the Lok Sabha
within 14 days, the bill is deemed to have been passed by both
the Houses in the form originally passed by the Lok Sabha.
Finally, when a money bill is presented to the President, he may

either give his assent to the bill or withhold his assent to the bill but
cannot return the bill for reconsideration of the Houses. Normally,
the president gives his assent to a money bill as it is introduced in
the Parliament with his prior permission.
Financial Financial
Bills (I) Bills (II)
It is a bill that contains not only any or
all the matters mentioned in Article 110, It contains provisions involving
but also other matters of general expenditure from the Consolidated Fund
legislation. For instance, a bill that of India, but does not include any of the
contains a borrowing clause, but does matters mentioned in Article 110.
not exclusively deal with borrowing.
In two respects, a financial bill (I) is It is treated as an ordinary bill and in all
similar to a money bill—(a) both of respects, it is governed by the same
them can be introduced only in the Lok legislative procedure which is applicable
Sabha and not in the Rajya Sabha, and to an ordinary bill. The only special
(b) both of them can be introduced only feature of this bill is that it cannot be
on the recommendation of the passed by either House of Parliament
President. unless the President has recommended
to that House the consideration of the
bill.
In all other respects, a financial bill (I) is
governed by the same legislative
procedure applicable to an ordinary
bill.
Supplementary Grant: It is granted when the amount authorised
by the Parliament through the appropriation act for a particular
service for the current financial year is found to be insufficient for
that year. Article 115
In addition to the
budget that contains
the ordinary estimates
of income and
expenditure for one
financial year, various Additional Grant: It is granted when a need has arisen during the
other grants are made current financial year for additional expenditure upon some new
by the Parliament service not contemplated in the budget for that year.
under extraordinary
or special
circumstances:
Excess Grant: It is granted when money has been spent on any
service during a financial year in excess of the amount granted for
that service in the budget for that year. It is voted by the Lok Sabha
after the financial year. Before the demands for excess grants are
submitted to the Lok Sabha for voting, they must be approved by
the Public Accounts Committee of Parliament.
Vote of Credit: It is granted for meeting an unexpected demand upon
the resources of India, when on account of the magnitude or the
In addition to the indefinite character of the service, the demand cannot be stated with
the details ordinarily given in a budget. Hence, it is like a blank cheque
budget that contains given to the Executive by the Lok Sabha. Article 116
the ordinary estimates
of income and
expenditure for one
financial year, various
other grants are made
by the Parliament
under extraordinary Exceptional Grant: It is granted for a special purpose and forms no part
or special of the current service of any financial year.
circumstances:
Token Grant: It is granted when funds to meet the proposed

expenditure on a new service can be made available by
reappropriation. A demand for the grant of a token sum (of Re 1) is
submitted to the vote of the Lok Sabha and if assented, funds are
made available. Reappropriation involves transfer of funds from one
head to another. It does not involve any additional expenditure.
Parliamentary Committees
S.No. Committee Composi Elected/nomi Chairperso Tenure Additional
tion nates n Info
1. Estimates 30 Elected Appointed 1 year Minister
Committee members by Speaker term cannot be
from L.S member
2. Public 15 +7 Elected Oppositio 1 year 1921
Accounts (L.S+R.S) n party term Minister
Committee (Conventio cannot be
n) Only member
L.S
3. Committee 15+7 Elected Appointed 1 year Minister

on Public (L.S+R.S) +nominated by Speaker term cannot be
Undertaking member
s
S.No. Committee Compositi Elected/no Chairpe Tenure Additiona
on minates rson l Info
4. Absence of 15 Nominated Speaker 1 year
members by speaker nomina
from House tes
5. Business 15 Nominated Speaker Not 1952
Advisory by Speaker is Ex fixed
Committee officio
Chairpe
rson
6. Empowermen 30 (20+10) Nominated Speaker 1 year 1997
t of Women by Appoin
speaker/Ch ts
airman
S.No. Committee Composition Elected/n Chairpe Tenure Additiona
ominates rson l Info
7. Ethics 15 members in L.S Nominate Appoint 1997 R.S
10 Members in R.S d ed by 2000 L.S
Speaker
/chairm
an
8. General Speaker, the Nominate Speaker Not 1954
Purpose Deputy Speaker, d Fixed
Committee members of the
Panel of
Chairpersons,
Chairpersons of all
Standing
Parliamentary
Committees of Lok
Sabha and Leaders
of recognized
Parties and Groups
in the House
S.No. Committee Compositio Elected/nom Chairpe Tenure Additional
n inates rson Info
9. Government 15 members Nominated Appoint 1 year
Assurances L.S ed by
10 Members speaker/
R.S chairma
n
10. House 12 members Nominated Appoint Not 1952
Committee in L.S ed by fixed
10 members speaker/
in R.S chairma
n
11. Joint 10+5 Elected Appoin Based on

Committee on ted till recommen
Office of dissolut dation of
Profit ion of Bhargava
L.S Committee
S.No. Committee Compositio Elected/nom Chairper Functio Additional
n inates son ns Info
12 Joint 10+5 Nominated Elected 1 year Committee
committee on by does not
salaries and member lay its
allowances s Report on
the Table
of the
House
13. Library 6+3 Nominated Appoint 1 year 1921
Committee ed by
speaker
14. Papers laid on 15 L.S only Nominated Appoint 1 year
Table of ed by
House Speaker
S.No. Committee Compositio Elected/nom Chairper Tenure Additional
n inates son Info
15. Petitions L.S- 15 Nominated Appoint Not 1924
R.S 10 ed by fixed Rule 306
Chairper Minister
son not
member
16. Private 15 members Nominated Deputy 1 year Not
Members Bills Speaker present in
and Ex RS, same
Resolutions officio work done
by
Business
Advisory
Committee
17. Privileges 15 members Nominated Appoint Not
L.S ed by fixed
10 members Speaker/
R.S chairma
n
S.No. Committee Composition Elected/no Chairper Tenure Additional
minates son Info
18. Rules 15 L.S Nominates Speaker/ No 1952
16 R.S Chairma fixed
n ex term
officio
19. Subordinate 15 in L.S Nominate Appoint 1 year No
Legislation 15 in R.S d ed minister
20. Welfare of 30 (20+10) Elected Appoint 1 year Minister
SC/ST ed by not
speaker eligible
Note : A Minister is not eligible for election or nomination to the financial

Committees, DRSCs and Committees on (1) Empowerment of Women (2)
Government Assurances (3) Petitions (4) Subordinate Legislation (5)
Welfare of Scheduled Castes and Scheduled Tribes
Classification of Parliamentary Committees
• Two kinds–Standing Committees and Ad Hoc
Committees.
Standing Committees are Ad Hoc Committees are

permanent (constituted every temporary and cease to exist on
year or periodically) and work completion of the task assigned
on a continuous basis. to them.
Mention in the constitution of India
• Parliamentary committees draw their authority from
Article 105 (on privileges of Parliament members) and
Article 118 (on Parliament’s authority to make rules for
regulating its procedure and conduct of business).
• However, the constitution does not make any specific

provisions regarding their composition, tenure,
functions, etc.
• All these matters are dealt with by the rules of two

Houses respectively.
Committees to Scrutinise and Control
• Committee on Government Assurances
• Committee on Subordinate Legislation
• Committee on Papers Laid on the Table
• Committee on Welfare of SCs and STs

•
• Committee on Empowerment of Women
•
• Joint Committee on Offices of Profit
Committees Relating to the Day-to-Day Business of the
House
• Business Advisory Committee
• Committee on Private Members’ Bills and Resolution
• Rules Committee
• Committee on Absence of Members from Sittings of the

House
House-Keeping Committees or Service Committees (i.e.,
Committees concerned with the Provision of Facilities
and Services to Members)
• General Purposes Committee
• House Committee
• Library Committee
• Joint Committee on Salaries and Allowances of

Members
About the Committee of Parliament on
Official Language
• The Committee of Parliament on Official Language was
constituted in 1976 under the provisions of the Official
Language Act, 1963.
• Mandate is to review the progress made in the use of Hindi
for the official purpose of the Union and to submit a report to
the President making recommendations thereon.
• The President will lay the report before every House of
Parliament and send it to all the State Governments.
About the Committee of Parliament on
Official Language
• Composition of the committee: It consists of 30 members, 20
from Lok Sabha and 10 from Rajya Sabha.
• The members are elected through a system of proportional
representation through a single transferable vote.
• Chairman: The Union Minister of Home Affairs from time to
time has by convention, been elected as the Chairman of the
Committee.
About the Official Language Act
• The Official Languages Act of 1963 was enacted under the
provision of Article 343(1) of the constitution.
• Under Section 3 of the Act, there is a provision for the
continuation of the use of the English language in addition
to Hindi even after the expiry of the period of 15 years from
the commencement of the Constitution.
About the Official Language Act
• It also has provisions regarding the language to be used for
communication between the Union and States, One State and
other States and among various Ministries/Departments and
Offices of the Central Government.
• Section 4 of the Act provides for creating a Committee of
Parliament on Official Language to periodically review the
progress in the use of Hindi as the Official Language.
A whip is an official of a political party who acts as the party's 'enforcer'
inside the legislative assembly or house of parliament. In India, every major
political party appoints a whip who is responsible for the party's discipline
and behaviour on the floor of the House.
The office of ‘whip’, on the other hand, is mentioned neither in the

Constitution of India nor in the Rules of the House nor in a Parliamentary
Statute. It is based on the conventions of the parliamentary government.
Parties appoint a senior member from among their House contingents to issue
whips — this member is called a Chief Whip, and he/she is assisted by
Whip:
additional Whips. A legislator may face disqualification proceedings under
10th schedule if she/he disobeys the whip of the part.
There are three types of whips or instructions issued by the party:

• One-line whip is issued to inform members of a party about a vote. It allows a
member to abstain in case they decide not to follow the party line.
• Two-line whip is issued to direct the members to be present in the House at the
time of voting.
• Three-line whip is issued to members directing them to vote as per the party line.
There are some cases such as Presidential elections where whips cannot direct
a Member of Parliament (MP) or Member of Legislative Assembly (MLA) to
vote in a particular fashion.
Joint Parliamentary Committee
• The Joint Parliamentary Committee (JPC): An Overview
• It is established by the Parliament with a specific objective in

mind, such as the in-depth examination of a topic or bill.
• Its membership comprises representatives from both houses as
well as the opposition and ruling parties.
• When its tenure is up or its assignment is finished, it is dissolved.

• Method of Establishing:
A JPC is established following the passage of a motion by one
House of Parliament and its approval by the other.
• Parliament chooses who serves on the JPC. There is no set
amount of members, therefore the number can change.
• Functions:
A JPC's mandate is determined by the motion that creates it.
"The terms of reference for the JPC on the stock market," for
instance required the committee to investigate financial anomalies,
assign blame to individuals and organizations involved in the
scheme, find regulatory gaps, and offer appropriate solutions.
• Method of Establishing:
A JPC is established following the passage of a motion by one
House of Parliament and its approval by the other.
• Parliament chooses who serves on the JPC. There is no set
amount of members, therefore the number can change.
• Functions:
A JPC's mandate is determined by the motion that creates it.
"The terms of reference for the JPC on the stock market," for
instance required the committee to investigate financial anomalies,
assign blame to individuals and organizations involved in the
scheme, find regulatory gaps, and offer appropriate solutions.
• A JPC has the authority to examine documents and call witnesses
in order to carry out its purpose. After that, it reports to the
government and offers suggestions.
• Recommendations: A JPC's recommendations have persuasive
value, but the government is not required to follow them.
Based on the JPC's findings, the government may decide to
conduct additional inquiries, but it cannot be compelled to.
Reports on the actions done in response to the JPC's and other
committees' recommendations must be submitted by the
government.
The committees then use the government's response to inform
their "Action Taken Reports" that are submitted to Parliament.
As of right now, six JPCs have been established.
Leaders and Chief Whips of Recognized Parties
and Groups in Parliament (Facilities) Act, 1998.
Context:
• Recently, The Rajya Sabha Chairman turned down the Aam
Aadmi Party’s (AAP) request to appoint an MP of their
party as the party’s “interim leader” in the Upper House.
• Under The Leaders and Chief Whips of Recognised Parties
and Groups in Parliament (Facilities) Act 1998, referred to
by the Rajya Sabha Chairman regarding the issue, there is
no provision of ‘interim leader’.
Analysis for Prelims:

As per the Leaders and Chief Whips of Recognized Parties
and Groups in Parliament (Facilities) Act, 1998
• "Recognised group" means:
o In relation to the Council of States, every party which
has a strength of not less than fifteen members and not
more than twenty-four members in the Council.
o In relation to the House of the People, every party which

has a strength of not less than thirty members and not
more than fifty-four members in the House.
• "Recognised party" means:

o In relation to the Council of States, every party which
has a strength of not less than twenty-five members in
the Council.
o In relation to the House of the People, every party which
has a strength of not less than fifty-five members in the
House.
About Leader of the House:

• Leader of the House in Lok Sabha is the
parliamentary chairperson of the party that holds a
majority in the Lok Sabha and is responsible for
government business in the house. The office holder is
usually the prime minister if they are a member of the
chamber. However, if the prime minister is not a
member of the Lok Sabha, they can appoint the Leader
of the House.
• Leader of the House in Rajya Sabha is the leader and

parliamentary chairperson of the majority party in the
Rajya Sabha and is normally either a cabinet minister
or another nominated minister. The Leader of the
House is responsible for organising government
meetings and business in the House. This office is not
enshrined in the constitution and provided under the
Rules of Rajya Sabha.
About Whips:
• In the parliamentary form of Government, Whips of
various political parties are the vital links of the
internal organization of parties, inside the legislatures.
The efficient and smooth functioning of Parliament and
State Legislatures depends, to a considerable extent,
upon the office of the Whip. The Whips can be rightly
said to be the managers of the parties within the
legislatures.
• Both the ruling as well as opposition parties appoint

their whips and certain duties are common to the
whips of all parties.
• Government Chief Whip has some very important
duties:
o The most important duty is mapping out the time
of the session, coordinating, monitoring and
management of the business of the Government.
o Another important function of the Government Chief

Whip is to constantly feel the pulse of the House and to
render an account of the same to the Leader of the
House/Government.
o The Government whips also act as an important
communication link between the leader of the House
and the Members of the ruling party and
o Government Chief Whip also keeps in close touch with
the whips of the other parties on matters concerning the
business of the House as also on many other matters
relating to the House as a whole.
• Whips of the opposition parties have an equally

important role:
o They supply their members with all important
information and ensure the presence and
participation of members of the respective parties in
the House specially during important discussions
and voting.
o They play an equally important role in maintaining

the standard of debates at a high level in the
Parliament/Legislatures.
o They also interact with the presiding officers and
the secretariat of the concerned House on behalf of
their parties and members to ensure efficient
coordination vis a vis the complex requirements of
parliamentary procedures, practices and
conventions.
End of Part 1

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RAPID REVISION COURSE

INDIAN POLITY AND

Provide a set of basic rules that allow

Specification of decision making

Set Limitations on the power of

Enable Government to fulfil the

Expresses the fundamental

Fundamental duties and the ideal of justice (social,

Procedure for amendment of the Constitution and

Japan Procedure established by Law.

All citizens will respect and adhere the constitution.

No own will disobey authorities acting under the constitution .

All citizens would have the unrestrained freedom to criticize

SOCIALIST LIBERTY INTEGRITY

It will no longer have

Developments leading to bifurcation of Jammu &

5 August 2019: The President issued Constitutional

5 August 2019: The same day, the Parliament undertook

a. the Union Territory of Jammu and Kashmir with

o Second, it was meant to ease the integration of

Did Jammu and Kashmir have/retain any element of

o Jammu and Kashmir did not have ‘internal

What is the power of the Parliament during President’s

o The power of the Parliament in a State under the

Can a State be converted into a Union Territory?

• While exercising powers under Article 3 of the Constitution to

Was the concurrence of the State government required

• There was no requirement for the President to secure the

Conduction of Elections in Jammu and Kashmir:

• CITIZEN of a given state is a person who enjoys full membership of political

• Domicile is different from citizenship. The person may possess one

• Accordingly, the Parliament has enacted

• Born outside India from 26th January 1950 to 10th

Clause 6 of Assam Accord: It envisaged that

• The MHA has amended the Foreigners (Tribunals) Order,

• By any citizen of India of full age and capacity

• It is a compulsory termination of Indian citizenship by the

Parity with NRIs for inter-country adoption of Indian children,

Parity with NRIs for practising professions such as medicine,

Parity with Resident Indian nationals in matters of payment of

Article 66 – Election as Vice President of India

Article 124 – Appointment as Supreme Court Judge

Article 217 – Appointment as High Court Judge

Section 3 and 4 of Representation of People’s Act – Election as

Exempted from Not applicable to to the tribal areas of

Government and Parliament of India;

Government and legislature of states;

All local authorities that is, Municipalities, Panchayat,

All other authorities, that is, statutory or non-statutory

Laws by Parliament/state legislatures or ordinances by

Statutory instruments- rules, bye-laws, notification etc.

Non-legislative laws like customs or usages

Special provisions for women and children e.g.; 103rd Constitution

Special provisions for advancement of SEBCs or for SCs and STs

Special provisions for advancement of EWS regarding admission

Law to provide that incumbent of an office related to religious or

State can make provision for reservations for EWS in

1. Champakan Dorairajan Supreme Court observed that while Article