Exam Guide CGDI 2021 Final

Pol Sc Help Exam Guide Constitutional Govt & Democracy in India 2021 Edition
EXAM GUIDE
NEW SYLLABUS CONSTITUTIONAL GOVT &

DEMOCRACY IN INDIA
BA Hons Semester 1
• Chapter wise Key points and

Model Answers to Past Year’s
Questions
• 3 sets of Sample Papers for

Semester Exam
• Tips for Writing Essay Type

Answers in University Exam
By the Author of
POL SC HELP
www.polschelp.in 1 dupolschelp2018@gmail.com
FEW WORDS ABOUT THE GUIDE
Dear students…WELCOME BACK !

This guide is intended to be like a cheat code ( oh no, not cheating, like the cheat code of
winning the computer game) for your semester exams!
What it contains?
• Key points on each of topics/theme of the revised CBCS Syllabus.

• Theme/topic wise Answer templates to past year’s questions (taken from DU) and other
important questions.
• 3 sets of sample question papers with Answer Hints.
• Answer writing tips and tricks.
What is Answer Template?
• Answer written in a particular way (Intro, Body, Conclusion) as expected against essay
type questions in university exam.
• I have given you a template(format/structure). You may add or delete contents to make
the answer as your own.
How to use the Guide for the best results?
• First, watch the videos on the theme/topic from POL SC HELP- at least 4-5 times, first in
normal speed, later on with faster speed and selectively. Final watching shouldn’t take
more than 5 min.
• Second, read the key points on the theme/topic very carefully. In fact, even if you only
remember the key points you can write answers in the exam.
• Third, read the answers of past year questions, at least 5 times. Again, the final reading
may not take more than 5-10 minutes.
o I have chosen the questions to cover the entire syllabus.
o Note the key phrases repeated and underlined in the answers. You should
remember and reproduce them in your answers.
o Also, note the standard( academic or legal) words I have used in the answer.
Their easier meaning/synonyms are given in bracket.
• Fourth, read carefully the sample question papers (3 sets). I have given hints to those
questions, too. Read them carefully.
• Finally, read the answer writing tips; use them in the exam
GOOD WISHES!
SECTION 1
Chapter Wise
Key Points
and
ANSWERS
Past Year
Questions
THEME 1: PHILOSOPHY OF THE CONSTITUTION,

PREAMBLE, AND FEATURES
1. A: Key Points
About the Constituent Assembly:
• Came into existence on 6 May 1946, under the Cabinet Mission Plan
• Members of the Constituent Assembly were elected by the members of provincial
assemblies by a single, transferable-vote system of proportional representation.
• The total membership of the Constituent Assembly was 389 of which 292 were
representatives of the provinces, 93 represented the princely states and four were from the
chief commissioner provinces of Delhi, Ajmer-Merwara, Coorg and British Baluchistan.
• Dr. Sachchidananda Sinha was the first temporary chairman of the Constituent
Assembly. Later, Dr. Rajendra Prasad was elected as the President and its Vice President
was Harendra Coomar Mookerjee. BN Rau was the constitutional advisor. Dr. Bhim Rao
Ambedkar was the chairman of the drafting committee.
• First Meeting: Constituent Assembly first met on 9 December 1946
• Upon Partition, members of Muslim League left the Indian Constituent Assembly. Hence,
it was re-constituted with 299 members.
• On 13 December 1946, Jawaharlal Nehru moved the ‘Objective Resolution’.
• Objective Resolution enshrined the philosophy, aspirations and values of the constitution.
Under this, the people of India were guaranteed social, economic and political justice,
equality and fundamental freedoms. Preamble to the Constitution is based on it. This
resolution was unanimously adopted on 22 January 1947.
• Time taken: 2 years, 11 months and 17 days
• Sessions of the Constituent Assembly: 11 Sessions
• The draft of the Constitution: was published in January 1948 and the country’s people were
asked for their feedback and inputs within 8 months
• The constitution was passed and adopted by the assembly on 26 November 1949 ; it came
into effect on 26 January 1950.
• Why we waited from 26th Nov 1949 till 26th Jan 1950? Because Congress used to
celebrate Independence Day on 26th January, since its demanded ‘Purna Swaraj’ in its
Lahore session in 1929.
Importance of the Preamble of the Constitution:

• It is like the conscience and soul of the Constitution.
• It reflects the Philosophy of the Constitutional. Visions of new society, social
transformation to be brought through the Constitution is enshrined in the preamble
Meaning of Philosophy of Indian Constitution:

• Political Philosophy behind the constitution
• Conceptual structure of the constitution
• what are the possible meanings of terms used in the constitution such as ‘rights’,
‘justice’, ‘minority’ or ‘democracy’?
• Vision of the constitution
• set of ideals, aspirations, values embedded in the constitution.
• Moral and ethical underpinnings ( bases, pillars) of the constitution
• used to arbitrate between varying interpretations of the many core values in our
polity
Philosophy of Indian Constitution:

• Synthesis of liberal political ideology with communitarian and socialist ideology
• Individual Liberty with socio-economic Justice
• Individual freedom and rights with societal Common Good- communitarianism
• Political and social transformation
• Universal adult suffrage- one person- one vote-political equality
• Directive principle of state policy- vision of socio-economic equality
• Equality of status, opportunity, equal protection of law, rule of law
• Vision of caste and class less society
• Non-western conception of secularism
• Principled distance but State may intervene both ways in religious matter
• Article 25, and 26 : freedom of religion to individual and community
• Asymmetric Federalism, with strong center, to maintain unity and integrity of nation and
to accommodate aspirations of diversity of federating units
• Deep commitment to protection of rights of minority, and marginalized communities
1. B: ANSWER TEMPLATES OF PAST YEAR’S AND OTHER

IMPORTANT QUESTIONS
Q. Critically examine the philosophy of the Indian Constitution as enshrined in

the Preamble to the Constitution of India.
Answer Template
Introduction:
Philosophy is grand reflection on fundamental truth and value underlying in object under
study. When we say philosophy of constitution, we generally mean the Political Philosophy
behind the constitution. It denotes the foundational political values on which our
Constitution is based. It reveals the moral and ethical foundations of the constitution.
Philosophy of the Constitution also reflect vision of the constitution. What kind of society
we wanted as independent nation? What values we cherish as nation? What social
transformation we wanted to bring through the constitution? What kind of polity and
political system we would have to achieve our vision as new nation? All these questions
somewhat find their answers in the philosophy of the constitution.
We need to understand philosophy of the constitution to understand the actual or
contextual meanings of constitutional legal texts/words. What our makers of Constitution
intended by different Constitutional provision can be understood by understanding the
Philosophy of Constitution. The Judges, while deliberating the Constitutional issues, take
hints from the Philosophy of the Constitution. It also helps us to evaluate the current
political practices to understand how far are they consisted with underlying Philosophy of
our Constitution? It also helps us unearth (understand) underlying themes, thought
processes, real motives behind several of our legal and political practices.
we can understand the philosophy of the constitution from multiple sources. First and
foremost is its preamble. Preamble contains the vision of our constitution. It states the kind
of society we wanted to build, polity we wanted to follow, social transformation we wanted
to bring, and new nation we wanted to build through the constitution. Each word of the
preamble reflects the vision and philosophy of the constitution. Other sources to understand
the philosophy of the constitution are: The Objective resolution, recorded debates of
constituent assembly, reflections of scholars and constitutional experts, and interpretations
of the constitution by Judiciary.
After stating the meaning, importance and sources of Philosophy of our Constitution, in the next
part of the answer, I will explain in brief the Philosophy of the Constitution, and how preamble
reflect these philosophies.
Factors shaping the philosophy of the Constitution:

Collective wisdom of the constituent assembly shaped the vision and philosophy of our
Constitution. But this was also affected by several contextual factors. Some of these are:
• National Independence movement- anti-colonial movement
• National movement was not only effort for political independence but was also
a movement for social reconstruction.
• During the national movement, consensus was built on what kind of society,
nation, and polity we will have as free nation-state. These were reflected in the
Philosophy of the Constitution.
• Movements for liberty, equality, justice in other parts of world
• French Revolution: its slogan of Liberty, Equality, Fraternity
• American Revolution: its promise to protect the civil and political rights
• Bolshevik Revolution: its vision of socio-economic justice
• Constitution making in other nation states
• Irish republic: concept of Directive Principle of state Policy
• Federalism in Canadian, Australian constitution
• Partition, blood bath, communal tensions, integration of princely states, and other
socio-economic contexts during framing of the constitution
• Debate, discussion, deliberations of the constituent assembly; feedbacks received from
people.
Philosophy of the Constitution:

• Following are some of the underlying Philosophy of our Constitution. These may also be
understood as features of the Constitution.
• Synthesis of liberal political ideology with communitarian and socialist ideology
• Balancing Individual liberty with socio-economic justice
• Acknowledging group identity- equal status and Freedom to both
individual and community
• Individual freedom and autonomy with communitarian values.
• Social transformation- Vision of new socio-political order.
• Universal adult suffrage- political equality
• Directive principle of state policy- vision of equal, just, and fair socio-
economic order
• Equality of status, opportunity, equal protection of law, rule of law
• Securing socio-economic and political justice to each Indian
• A free society: where each one has the liberty of thought, expression,
belief, movement, association, profession.
• Vision of a caste and class less society
• Respecting diversity of faith, religion, culture- unity in diversity:
• Principled distance of State from all religions; but State may intervene
in religious matters to secure fundamental rights and socio-economic
justice to citizen
• Freedom of religion to individual and community
• Deep commitment to protection of rights of minority, and marginalized
communities
• Asymmetric Federalism, with strong center, to maintain unity and
integrity of nation and to accommodate aspirations of diversity of
federating units
How Preamble reflects the vision and Philosophy of the Constitution?

Preamble of the Constitution is its conscience and soul. It reflects the vision of new society,
nation, and polity our Constitution wanted to bring in the new nation-state. The preamble
declares the Indian state as sovereign, democratic, and republic. It means that people are
Sovereign and will govern themselves. Indian state will secure all its citizen equality of
status and opportunity. Hence there would be no caste or class hierarchy. It was the vision
of equal, caste-less, and class-less society. The Indian state will also secure all its citizen
socio-economic and political justice. It was the vision of substantive Democracy. Not only
political but social and economic equality and justice would also be the aim of the new
nation. The preamble also declares that each one will have the liberty of thought,
expression, belief, faith, and worship. This is the vision of a secular and truly democratic
society in which each Indian is free to live life as per one’s own belief and faith.
From the above description of the preamble, it is evident that all the underlying Philosophy
of our Constitution are reflected in the preamble. Hence, it is like the conscience and soul
of the Constitution. Even the Judges while trying to understand the real intention and
motives of the constitution makers and the Philosophy of the Constitution, carefully read
and reflect upon the preamble to reach to conclusion on constitutional matters.
Conclusion:
Philosophy of our constitution denote the foundational political values, moral and ethical
norms on which our constitution is based. It also gives the vision of the social
transformation which our constitution wanted to bring in the new nation-state. There are
multiple reasons why should we know the philosophy of our constitution. It makes us
understand for what our constitution stands for? what kind of society we wanted to become
through our constitution? what kind of polity we wanted to practice to achieve our vision
of social transformation?
There were multiple factors which shaped the philosophy of Indian Constitution. The
National Movement, the movement for liberty, equality, justice in different parts of the
world, especially French, Russian, and American Revolutions, constitution making in other
nation-states, and the context of Indian partition and subsequent violence, etc. where the
main factors which shaped the philosophy of Indian Constitution.
We can understand the philosophy of Indian constitution from multiple sources. The
Preamble is the most important source to understand the philosophy of Indian Constitution.
Main thoughts or philosophy behind the Indian Constitution are: first, an attempt to
synthesise the liberal political ideology with communitarian and socialist ideology; second,
its vision of new socio-political order by having a social transformation; and third,
respecting diversity of faith, religion, culture to have unity in diversity.
The Preamble of the constitution declares Indian nation state as sovereign, democratic
republic. It declares that Indian state will secure to all its citizen socio-economic and
political justice, liberty of thought, expression, belief, faith, and worship, equality of status
and opportunity. These are the underlying philosophy and vision of our constitution. It was
the vision of a new socio-political order, vision of casteless and classless equal society in
which everyone is truly free, equal and have the sense of fraternity and social solidarity. It
was the vision of India which is united and strong despite having diversity of faith, belief,
culture. Hence, in all respect the Preamble is the conscience and soul of the constitution
and it also reflects most faithfully the underlying philosophy of Indian Constitution.
THEME 2: FUNDAMENTAL RIGHTS AND DIRECTIVE

PRINCIPLES
2. A: Key Points
• Fundamental Rights are guided by liberalism which considers Individual’s rights to life,
liberty, and property as natural, fundamental and sacrosanct( which cannot be interfered
with).
• Directive Principles are influenced by communitarian, socialist, and Gandhian Philosophy
of social reconstruction
Fundamental Rights: Features

• Bill of rights to citizens – civil & political rights
• Specifically written in the constitution
• Guaranteed by protection of High and Supreme Courts
• Cannot be taken away by the States easily
• Ensures fundamental or natural human rights i.e. Life, Liberty, Equality, and Dignity, etc
Influenced by:
• England's Bill of Rights,
• United States Bill of Rights,
• France's Declaration of the Rights of Man
Fundamental Rights(FR) in Indian Constitution:
• Contained in part III of the constitution
• From article 14 to 32
• Right to Equality: article 14 to 18
• Right to Freedom: 6 types of freedom: article 19 to 22
• Right against Exploitation: article 23 to 24
• Right to freedom of Religion: article 25 to 28
• Cultural & Educational Rights: article 29 to 30
• Rights to move to SC to secure fundamental rights: article 32
Directive Principles of State Policy (DPSP)

• Contained in part IV – article 36 to 51
• Inspired by Irish constitution, and Gandhian philosophy of social reconstruction.
• Policy guidelines, moral obligation on part of the state.
• Vision to secure positive rights- socio-economic rights, distributive and social justice,
social reconstruction.
• Some Directive Principles
• Establishment of welfare state: Article 38,39,42,43,46,47
• Obligation of state on educational and cultural matter: Article 45, 49
• Distributive Justice, social control of production: Article 39
• Organisation of village panchayats: Article 40
• Right to work, Living wages for workers: Article 43
• Uniform civil code: Article 44
• Nutrition &health: Article 47
• Educational and economic interests of SC, ST, weaker sections: Article 46
• Environmental protection: 48A
FR vs DPSP: Complementary to each other:

• FR is Constitutionally guaranteed, one may move to court to enforce them. DPSP are
not enforceable through courts.
• FR guarantee negative rights (state would not interfere, but do nothing), DPSP promise
state positively working to provide positive rights- socio-economic rights and justice.
• FR reflect liberal political ideology, Laissez-faire( status quo- state passive onlooker)
State; DPSP denotes socialist ideology, states positively acting to ensure social welfare.
• DPSP complements FR by making the rights substantive and meaningful. It also
broadens the scope of the FR.
• Both are complementary to each other; no one is superior to the other. Both make
an integrated whole, which is quite flexible to adjust with changing times.

IMPORTANT QUESTIONS
Q1: Explain relation between fundamental rights and Directive principles of state policy. Do
you agree that Directive principles of state policy complements the fundamental rights? Give
Reasons.
Ans Template:
Introduction:
Fundamental rights (FR) are constitutional guarantee to certain rights to individuals as
well as groups living in India. Part III of Indian Constitution contain Fundamental Rights.
Rights to equality, liberty, freedom are the important Fundamental Rights. Idea of
Fundamental Rights is inspired by liberal political ideologies. England's Bill of Rights,
United States Bill of Rights, and France’s Declaration of the Rights of Man, etc. became
the base the Fundamental Rights in Indian Constitution.
Directive principles of state policy (DPSP), on the other hand, envisage (foresee) securing
socio-economic justice to people of India by positive actions by the state/government.
DPSP was informed( influenced) by the Irish constitution and Gandhian philosophy of
gram swaraj, and social reconstruction. The idea was also influenced by socialist
ideologies, especially Fabián socialism. Nehruji, Ambedkarji, and other prominent leaders
of Indian national movement were inclined towards socialist ideologies. For them, without
socio-economic equality, political equality and freedom were meaningless. Directive
Principle of State Policy, for them, was to bring new civilisation through Constitutional
means.
In the constituent assembly there was a view to provide constitutional guarantee to
Directive Principle of State Policy at par with the Fundamental Rights. But this was not
agreed upon in view of poor economic situation of the newly independent nation. Finally,
Directive Principle of State Policy were placed in part IV of the Constitution as guidance
for future public policy and a vision document. It was non-justiciable, that is, one cannot
move to court to demand the rights included in the Directive Principle of State Policy.
Soon after the Constitution came into force, Fundamental Rights came in the way of
implementing Directive Principle of State Policy. Particularly right to property became
hurdle in implementing distributive justice and social ownership of mode of production as
contained in article 39(b,c) under DPSP. The Govt. in its commitment to socialism brought
about series of constitutional amendments to curtail rights to property and protect laws
implementing DPSP from judicial review under article 13(2). Most of such moves by the
govt. reached to Supreme court of India (SCI) which adopted legalistic view of sacredness
and primacy of FR against DPSP. This started a protracted ( long) and interesting tussle
between the judiciary on one side and government and parliament on the other side. But
finally, the balance between FR and DPSP was restored. Consensus on equal importance
of both was achieved. DPSP complements FR by making right to equality and freedom
substantive and positive. DPSP also guided the courts to expand the scope of Fundamental
Rights. For example, right to Education, Information, clean air, shelter, etc. were included
in FR by closer interpretation of DPSP by the courts. Thus, both FR and DPSP go hand in
hand. None of them are above or below the other one.
In the next part of answer, I will try to present in very brief the Fundamental Rights and DPSP,
and differences between them. I will also, as part of the conclusion, try to discuss how Fundamental
Rights and DPSP are complementary to each other.
FR under Indian Constitution:

• Contained in part III of the constitution
• From article 14 to 32
• Right to Equality : article 14 to 18
• Article 14 : Equality before law
• Equality before the Law
• Equal Protection of Law
• Article 15 : No discrimination on grounds of religion, race, caste, sex or place of
birth
• Article 16 : Equality of opportunity in matters of public employment
• Article 17 : Abolition of Untouchability
• Article 18 : Abolition of titles
• Right to Freedom : article 19 to 22
• Article 19
• Freedom of speech & Expression
• Freedom to assemble, associate, move and reside within India, to practise
any profession
• Article 20
• Protection in respect of conviction for offences
• Article 21
• Protection of life and personal liberty
• Now right to Education, Shelter, Privacy, Clean air, etc are considered as
part of right to life
• Article 21 A : Right to Education
• Article 22
• Protection against arrest and detention in certain case
• Right against exploitation : article 23 to 24
• Article 23
• Prohibition of traffic in human beings and forced labour
• Article 24
• Prohibition of children in hazardous job
• Right to freedom of Religion: article 25 to 28
• Article 25
• Freedom of conscience and free profession, practice and propagation of
religion
• Article 26
• Freedom to manage religious affairs
• Article 27
• Freedom as to payment of taxes for promotion of any particular religion
• Article 28
• Freedom as to attendance at religious instruction or religious worship in
certain educational institutions
• Cultural & Educational Rights: article 29 to 30
• Article 29
• Rights to Minorities to protect their language, Script, culture, etc
• Article 30
• Right of minorities to establish and administer educational institutions
• Rights to constitutional remedies : article 32

• right to approach Supreme Court for the enforcement of the rights
• HC, article 226 and SC-article 32, can issue following writs to protect the rights
• habeas corpus ; mandamus ; prohibition ; quo warranto; certiorari
DPSP in Indian Constitution:

• Contained in part IV – article 36 to 51
• Some Directives Principles:
• Establishment of welfare state: Article 38,39,42,43,46,47
• Obligation of state on educational and cultural matter: Article 45, 49
• Distributive Justice, social control of production: Article 39
• Establishment of Panchayati Raj Institutions : Article 40
• Right to work, Living wages for workers: Article 43
• Uniform civil code : Article 44
• Nutrition & health: Article 47
• Educational and economic interests of SC, ST, weaker sections: 4 Article 6
• Environmental protection: Article 48A
Comparing FR and DPSP
Point of Fundamental Rights DPSP

difference
type of Rights Civil liberties- civil & Socio-economic rights
political rights
Nature of Rights Negative Rights- no Positive Rights- require positive actions from
interference from state the state
Role of State Passive, non-interference, Active, positive obligation of state to do
negative obligation of the some action to provide these rights
state
Who secures Courts- SC and HC Only State/Govt. can provide these rights
these rights
Guiding Political Liberalism- Individual Social democracy or democratic

Ideology autonomy and freedom socialism/Fabian socialism; Gandhian
principles of social re-construction
Democratic Ensuring political Ensuring socio-economic democracy-

principles democracy- nominal substantive democracy
democracy
Legal status Justifiable- Constitutional Non-justifiable- policy guidance to the state

guarantee
Basic Structure Considered part of the basic Not Considered as part of ‘Basic Structure’
Doctrine structure of the Constitution
Relation with No law required to Law required to implement DPSPs

positive laws implement rights
Court can validate the sanctity of any law
Courts can strike laws enacted to implement DPSP
contravening FR
Relationship May come in the way of May broaden the scope of FR

DPSP implementation
Discussion and Conclusion:

FR provides Constitutional guarantee to civil rights as per the liberal political ideology.
These rights are formal, legal, and negative rights, that is, state would not interfere or
discriminate in some aspects of individual and social life. For example, right to freedom
denotes absence of any constraints from state/govt. Whereas DPSP is intended to provide
substantive and positive rights to socio-economic equality and freedom. DPSP also intend
to ensure social justice. Thus, FR represents individualism and conception of negative
rights as per the liberal ideology whereas socialist ideology with focus on
communitarianism and positive conception of rights and freedom are reflected in DPSP.
Therefore, Fundamental Rights and DPSP complements each other. They bring both liberal
and socialist ideologies to the Indian Constitution.
Thus, balance between FR and DPSP denotes synthesis of liberalism and socialist political
ideologies. Indian state, in practice, consciously chose path of socialism despite liberal bent
of the Indian constitution. Hence, DPSP became very important policy vision for
successive Indian Govt. This created a conflict between the Constitutional Indian State ans
Political Indian State. Naturally, for the political Indian state/Govt., Fundamental Rights,
emanating from the Constitutional state, became obstacle in path of fulfilment of socialist
vision by implementing DPSP.
This resulted into a long and winding tussle between the judiciary as the protector of
Fundamental Rights as guaranteed in the constitution on one side and government and
parliament committed to secure substantive socio-economic equality and positive freedom
through DPSP on the other side. In a sense it was the tussle between the Constitutional
state, represented by the Supreme court, and the political state, represented by the Indian
State/Govt under Nehruji and Indira Gandhi.
Substantial prudence on part of SCI and Institutional strength and maturity of Indian state
established reasonable balance between FR and DPSP. In this process balance between
parliament and judiciary was also restored. In fact, judiciary expanded the scope of FR by
declaring many DPSP such as right to education, Information, shelter, pollution free
environment, right to food, etc as FR. Thus, DPSP enriched FR by expanding its scope.
We can very well say now that both FR and DPSP complements each other and none are
inferior or superior to other. Both go hand in hand.
I conclude by quoting Justice Chandrachud, Chief Justice of India while delivering justice
in Minerva Mills Ltd v. Union of India, said that the Fundamental Rights “are not an end
in themselves, but are, means to an end. The end is specified in the Directive Principles.
Fundamental Rights and the Directive Principles together constitute the core commitment
to social transformation, and together they are the conscience of the Constitution.” This
actually sums up the complementary relation between FR and DPSP.
Q.2 Analyse the importance of Directive principles of state policy.

Answer Template:
Introduction:
Constitution is the fundamental document of formation of a modern nation-state. It contains
the vision of the society which would be realised through the formation of the nation-state.
In this sense Fundamental Rights (FR) and Directive Principles of State Policies (DPSP)
are the twin pillars of the new civilisation and society envisioned in the Constitution. If FR
guarantee civil & political rights to individuals, DPSP ensures socio-economic rights. If
FR secures individual’s right, DPSP aims for societal common Good. If FR is guided by
Right based liberal ideology, the DPSP is inspired by duty-based communitarian and
socialist ideologies. We can go on listing such complementary relation between
fundamental rights and directive principle as enshrined in Indian Constitution. But here
they are enlisted to highlight the importance of the DPSP, which on superficial reading of
the Constitution seems to be subordinate to FR. But it is not true. DPSP is the soul, the
conscience keeper, compass and guiding light of the Indian nation.
Following are some the facts about DPSP which denotes its importance in the Constitutional
regime of Indian nation-state:
First, DPSP makes the Rights contained under the FR as substantive and positive. The
fundamental rights are essentially formal and negative rights. State supposed to do nothing
to secure these rights. The state needs to be passive and not interfere in the private domain
of individuals and societies. Whereas the rights contained in DPSP is positive moral
obligation on part of the state to secure, by doing positive efforts, socio-economic rights
and social justice. For example, take right to life under article 21 under FR; the state need
not do anything to secure this right but under the DPSP there is right to education, health,
right to livelihood, right to shelter, right to clean environment, etc. All these rights give
substance or meaning to the right to life. These rights as contained in the DPSP are required
for a life of dignity. Thus, DPSP makes the fundamental right substantive and meaningful.
They also broaden the scope of the FR. For example, right to health, food, shelter, clean
air, education, etc., part of DPSP, are now considered as participative of the right to life
under FR.
Second, it is the DPSP which reflect the collective wisdom of great leaders of Indian
freedom struggle and their vision of the new Indian society/civilisation as the free nation.
For example, many of the provisions of DPSP contained Gandhiji’s vision of social
reconstruction. Similarly, the idea of Social Justice of Ambedkar ji and social democratic
ideas of Nehru ji and other great nationalist leaders are contained in DPSP. Hence, it is the
DPSP which represent the vision of a new Indian nation.
Third, DPSP is a kind of policy guidance to the Indian state/ government. It is kind of
‘Niti’ (Policy goals) which by the actions and efforts of the government can be realized as
‘Nyaya’(justice realized). If fundamental right it is the body and bone of the constitution
DPSP is its soul. It is like the conscience keeper of the Indian state towards which it need
to continuously strive to achieve the goal of an egalitarian and just society as envisioned in
DPSP.
Fourth, DPSP gives ideological balance to Indian Constitution. As Granville Austin, a

famous Constitutional expert, said DPSP helps future Indian government to find a middle
way between individual liberty and the public good, between prescribing the privileges of
the few and bestowing benefits on the many in order to liberate the powers of all men
equally for construction of common good. DPSP balances liberalism and its focus on
individual rights with communitarianism and socialism and primacy of Common Good.
Thus, it balances rights and duties based social order. DPSP is a unique blend of socialistic,
liberal, democratic and Gandhian principles. DPSP shows the path to the achievements of
the noble ideals – social justice, economic and political equality as proclaimed in the
Preamble to the Constitution. DPSP extend democracy in the social and economic sphere.
Indian democracy draws its vibrancy and sustenance from the Directive Principles. Thus,
it makes democracy substantive and meaningful for the masses.
Finally, the importance of DPSP was also outlined by Justice Chandrachur who said that
rights conferred under the fundamental rights would be without a radar and a compass if
they were not geared up to an ideal as contained in the Directive Principle of State Policy.
Conclusion:
In sum, Directive Principle of State Policy is the soul, the conscience keeper, the
compass or the guiding light of the Indian state. It keeps the Indian state/
government continuously on toes, which need to work hard to achieve the lofty
ideals of an egalitarian, just, and good society. It complements the fundamental
right by giving them substance, broadening their scope, and make them more
meaningful. DPSP makes democracy substantive by taking it beyond the political
to socio- economic democracy.
Indeed, Directive Principle of State Policy is perhaps the most important part of the
Indian Constitution. On the face of it one may feel that Fundamental Rights are
superior to DPSP but on deeper analysis it is the DPSP which is more important as
it contains the vision of a new civilization of the politically independent Indian
nation.
Q.3: Discuss fundamental rights with special reference to right to equality and
Liberty in Indian Constitution.
Introduction:
Fundamental rights (FR) are constitutional guarantee to certain civil and political rights to
individuals as well as groups living in India. Part III of Indian Constitution contain
Fundamental Rights. Rights to equality and liberty are the important Fundamental Rights.
These rights are formal, legal, and negative rights, that is, state would not interfere or
discriminate in some aspects of individual and social life. For example, right to freedom
denotes absence of any constraints from state/govt. These rights have the Constitutional
guarantee, that is, one can move to courts to secure these rights.,
Idea of Fundamental Rights is inspired by liberal political ideologies, which considers

individual rights of life, liberty, and property as natural and sacrosanct. In liberal doctrine
Fundamental Rights are rights of the individuals against the state. FR limits the role of the
state. In certain private or personal domain state is not supposed to interfere. Fundamental
Rights in Indian Constitution was inspired by England's Bill of Rights, United States Bill
of Rights, and France’s Declaration of the Rights of Man, etc.
In the next section of the answer, first I will list out some of the features of the Fundamental Rights,
then, I will explain in brief the Fundamental Rights of equality and liberty, and finally will present
a critical evaluation of FR in comparison to Directive Principles of State Policy.
Features of Fundamental Rights:

FR protect civil liberties.
• They provide civil (equality, liberty, life, property, etc) & political ( right to vote, run
for political office, political participation, etc) rights.
Negative Rights
• State/Govt are not supposed to do anything to secure these rights. They only require no
interference from state. In this sense they are negative rights.
• FR are negative also in the sense that they are meaningless for poor, marginalised, and
powerless citizens. For those who sleep empty stomach on footpaths, what is the
meaning of right to freedom of speech and expression?
Justifiable- Constitutional guarantee
• Anyone whose FR is infringed or taken away may file writ petition in high or supreme
court under article 226 and 32 respectively.
Guided by Liberalism:
• FR is realization of liberal ideology of sacrosanct individual rights of life, liberty, property,

and equality. These rights cannot be taken away by the states.
• FR denotes liberal democracy. It ensures freedom and equality in public and political
domain. But it leaves the private domain of civil society, marriage, and family. Hence, it
does not guarantee socio-economic equality. For this reason, Gandhiji criticized liberal
democracy as false or nominal democracy.
FR is considered as part of the ‘basic structure’ of the Constitution. Indian Parliament has
limited power in amending part III of the Constitution, which contain FR.
No law required to implement FR. Whereas, laws enacted by the Parliament can be struck
down by the courts if they go against FR.
FR may come in the way of DPSP implementation. DPSP require laws for its
implementation. If these laws cut FR, courts under article 13(2), may declare them null and
void. Hence, FR and DPSP may contradict each other.
Fundamental Rights to Equality:

• Contained in article 14 to 18
• Article 14 : Equality before law
• Equality before the Law : everyone is equal before law; law is same for all; no
special treatment to anyone
• Taken from English common law
• It is a negative concept. Rich and poor, King and Beggar treated equal
before law; but such equality is nominal as rich may hire costly lawyers.
• Equal Protection of Law : equal protection of all alike in same situation and under
like circumstances
• Taken from American Constitution.
• A positive concept. Only likes are treated equally not unlike. Hence, poor
may be given free legal aid to help defend his/her case.
• Article 15 : No discrimination on grounds of religion, race, caste, sex or place of birth
• 15(1): The State shall not discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of them
• 15(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth
or any of them, be subject to any disability, liability, restriction or condition with
regard to
• (a) access to shops, public restaurants, hotels and palaces of public
entertainment; or
• (b) the use of wells, tanks, bathing ghats, roads and places of public resort
maintained wholly or partly out of State funds or dedicated to the use of the
general public
• 15(3) : the State may make special provision for women and children, despite above
provisions.
• 15(4) : State may make special provision for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes and the
Scheduled Tribes
• 15(5): relates to reservation in educational institutions to SC/ST, OBC

• 15(6): relates to 10% reservation of poor among non-SC/ST, OBC (EWS category)
• Features:
• Only citizen given these rights, not to aliens, foreigners. But Equality before
law( article 14) available to all people living in India- citizen as well as non-
citizen.
• Individual rights- not for groups or corporations
• Reservations to SC/ST, OBC, EWS etc. are given under article 15(4), 15(5),
15(6)
• Thus, for social justice, state may discriminate among citizen. This is called
positive discrimination.
• Article 16 : Equality of opportunity in matters of public employment( Govt Job)
• No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth,
residence or any of them, be ineligible for, or discriminated against in respect or,
any employment or office under the State
• Article 17 : Abolition of Untouchability
• Article 18 : Abolition of titles
• No title, not being a military or academic distinction, shall be conferred by the State.
No citizen of India shall accept any title from any foreign State.
• To end feudal culture, proud display of titles such as Raja, Rai, Sir, Rai-Bahadur,
etc.
Fundamental Rights to Liberty:

• Contained in article 19 to 22
• Article 19:
o Freedom of speech & Expression
o Freedom to assemble, associate, move and reside within India, to practise any
profession
o 19(2) to 19(6): Reasonable restrictions on the grounds of protecting the interests of
the sovereignty and integrity of India, the security of the State, friendly relations
with foreign States, public order, decency or morality or in relation to contempt of
court, defamation or incitement to an offence.
o Features:
▪ Most controversial and debatable rights.
▪ Govt. seems to be very cautious in restricting these rights under article 19(2)
to 19(6). This led to series of writ petitions and various interpretation of
courts on reasonability of such restrictions.
▪ Article 14 (equality before law) and 19 (freedom) can be curtailed to
implement DPSP under article 39(b, c) – distributive justice and social
control of means of production.
• Article 20: Protection in respect of conviction for offences
o Laws cannot be applied from back date. Penalty only as per the current laws.
o No person shall be prosecuted and punished for the same offence more than
once
o No person accused of any offence shall be compelled to be a witness against
himself
• Article 21: Protection of life and personal liberty
o No person shall be deprived of his life or personal liberty except according to
procedure established by law
o Article 21 A: Right to Education
o Features:
▪ Right to life has been expanded by the supreme courts. They now include
Right to education, health, shelter, clean environment, food, privacy, etc.
• Article 22: Protection against arrest and detention in certain cases
Discussion and Conclusion:

Fundamental rights in Indian Constitution reflect faith in the liberal ideology of the Indian
Constitution makers. Indian Constitution provides an extensive range of rights to
individuals as well as some rights to groups. But there are many issues in the way of full
enjoyment of these rights by Indian people.
First, all these rights have been restricted by several grounds in the constitution itself. It
depends on the pleasure of the Government of the day to decide how much tolerant it is to
allow people to enjoy these rights especially the right to freedom of speech expression and
Association. Second, these rights are against the state as well as other persons who may
obstruct these rights. But in most of the cases both the state and the persons who infringe
these rights are generally more powerful in comparison to those whose rights are interfered
with. In this situation, the sufferer whose rights are taken away has only one option, that
is, to move to the court in form of writ petition to get these rights. But going to court and
fight a legal battle is not possible for the poor and marginalized. Indian Court system has
become complicated and very costly. Even the middle class cannot afford to fight a legal
battle because it is too costly for them. Hence, in in reality realisation of these fundamental
rights by millions of poor and marginalized people has been a pipe dream. Hence, these
rights are nominal rights (only on paper) for majority of Indian population. On the other
hand, the rich and powerful may very well enjoy these rights because they can move
anytime to the court to get these rights enforced. Hence, the scheme of fundamental rights
as it is being implemented in India may create the gap between the powerful and privileged
for whom securing these rights possible and the poor and marginalized who may not enjoy
these constitutional rights in real life situations.
Third, another issue with fundamental rights is its clash with DPSP. In contrast to the
negative rights under fundamental rights DPSP are positive right. They aim for distributive
justice, social transformation, and Social Justice. Instead of civil and political rights under
FR, DPSP aims to provide socio economic rights. In spite of a political democracy under
FR vision of DPSP is substantive socio-economic democracy. DPSP has the vision to
empower the poor and marginalized against the rich and privileged. But the problem is that
DPSP are not enforceable in court of law. No one can move to court if the right under DPSP
are not provided to him or her. This makes the situation very difficult for the poor and
marginalized. On one hand they cannot move to the court in case their fundamental rights
are infringed and also cannot move to the court to get the socio-economic rights contained
in DPSP.
Even if the government wants to implement the provisions of DPSP, on many occasions,
fundamental rights come in its way. There has been a long legal battle between Supreme
Court on one side and the government and Parliament on the other side on the issue of
primacy of fundamental rights over DPSP. The court initially adopted legalistic approach
and blocked many of the laws intended to implement the provisions contained in DPSP on
the ground that they overstep (come in the way of) the fundamental rights.
However, slowly the court also realised the transformative vision of DPSP and nominal
and negative rights under fundamental rights. Now, there is a healthy balance between FR
and DPSP. The court also treat them equally. Neither of them are superior or subordinate
to the other. Both complement each other and make an integrated whole which is flexible
enough to adjust with the changing time. In fact, DPSP has broadened the scope of
fundamental rights and given them substance and made them more meaningful.
THEME 3: THE LEGISLATURE: PARLIAMENT
3.A: Key Points:

• 3 organs of the state- Legislature, Executives, and Judiciary. Legislature make laws,
executives implement those laws in particular cases/instances, and Judiciary
interpret/scrutiny those laws for their constitutional validity.
• Thus, main role of Legislature is to make Laws.
• Indian parliament act as federal legislature. It consists of two houses- Lok Sabha and
Rajya Sabha.
• Lok Sabha is the popular and directly elected house. All its 545 members, except 2, are
directly elected by people of India through the first past the post method.
• Rajya Sabha, on the other hand, is indirectly elected house. Rajya Sabha, represents
states and act as safety valve against the decisions taken by the Lok Sabha on popular
demand. Most of Its 245 members are elected by state legislature; remaining 12 are
nominated by the President.
• Lok Sabha is temporary house having a maximum tenure of 5 years.
• But Rajya Sabha is a permanent house, it never dissolved, However, one third of the
members retire every second year. Each individual Rajya Sabha members have a fixed
tenure of 6 years.
Functions of Parliament:
• Make Laws
• Providing cabinet/executives from among its members
• Holding Govt. accountable: ask questions, raise issues for debates,
actions.
• Financial Control
• Judicial Functions
o Powers to impeach judges and president
o Powers to punish anyone for breach of its privilages
• Highest Forum for Debate, deliberate, and reconciliation
Representation and its changing nature:

▪ In parliamentary form of representative democracy, the parliament
embodies the principle of representation. People choose their
representatives, who on behalf of the people govern. parliament represents
popular will.
▪ Some of people’s representatives (members of Parliament) govern as
member of council of ministers and remaining holds the executive
accountable on behalf of the people.
▪ Since it was first constituted in 1950s, nature of representation and hence
composition of the parliament has changed considerably. Also changed the
way it conducts its businesses.
▪ In the beginning representation was elitist. Well educated and wealthy
persons from upper caste used to win popular elections. Subaltern,
marginalised and poor uneducated people from rural backgrounds were
hardly represented.
▪ But since 1990s, in the coalition era, rising representation from subaltern
class and regional parties has dramatically changed the form and texture of
representation in the parliament. Now a large number of members come
from rural and agricultural background. Representation of women,
backward or lower castes, and sub-altern groups has increased.
▪ Composition of voters has also changed. Now poor, women, Dalits, and
sub-altern class vote more than the rich and urban middle class. This is
further changing the nature of representation in parliament.
▪ Some of these changes are positive but it is also increasing chaos,
dissonance, sub-standard quality of debates, and general indifference of the
executives towards parliament. These are disturbing trends.

IMPORTANT QUESTIONS
Q1: Assess the functioning of Indian Parliament. Examine how the changing nature of
representation has affected the functioning of the Indian Parliament.
Ans template:
Introduction:
In liberal representative democracy, which we are practicing as per our constitution,
powers are divided among 3 organs of the state- Legislature, Executives, and
Judiciary. Legislature make laws, executives implement those laws in particular
cases/instances, and Judiciary interpret/scrutiny those laws for their constitutional
validity.
We have adopted parliamentary form of government, of English Westminster type,
in which the parliament both function as legislature and also provide the political
executives. Few members of Parliament, usually from the political party having
majority of seats, function as executive and do the governance. Remaining members
keep watch and question the functioning of Govt.
In parliamentary form of representative democracy, the parliament embodies the
principle of representation. People choose their representatives, who on behalf of the
people, govern. Parliament represents popular will. As stated above, executives come
from parliament only. It also holds the executive accountable on behalf of the people.
In sum, parliament represents general will of the people. It contributes to both
executive and legislative functions; a part of it becomes executive, and remaining
part make laws and try hold the executive accountable
Indian parliament act as federal legislature. It consists of two houses- Lok Sabha and
Rajya Sabha. Lok Sabha is the popular and directly elected house. All its 545
members, except 2, are directly elected by people of India through the first past the
post method. Rajya Sabha, on the other hand, is indirectly elected house. Most of Its
245 members are elected by state legislature; remaining 12 are nominated by the
President. Lok Sabha is temporary house having a maximum tenure of 5 years. But
Rajya Sabha is a permanent house, it is never dissolved, 1/3rd of its members retires
every 2 years. Each individual Rajya Sabha members have a fixed tenure of 6 years.
Rajya Sabha represents states and act as safety valve against the decisions taken by
the Lok Sabha on popular demand.
Since Lok Sabha is directly elected, it is given more power in law making than Rajya
Sabha. Money bills can only be introduced in Lok Sabha. In joint session, due to its
numerical strength, its opinion prevails over Rajya Sabha. The executive (Govt) is
accountable only to Lok Sabha. Hence, no-confidence motion can be voted only in
the Lok Sabha.
Indian parliament make laws, provide from its members the cabinet/federal
executives, does continuous review and hold executives accountable, do some
judicial functions, exercise financial control, debate, deliberate, and reconcile
conflicts.
Since it was first constituted in 1950s, nature of representation and hence
composition of the parliament has changed considerably. Also changed the way it
conducts its businesses. In the beginning representation was elitist. Well educated
and wealthy persons from upper caste used to win popular elections. Subaltern,
marginalised and poor uneducated people were hardly represented. But since 1990s,
in the coalition era, rising representation from subaltern class and regional parties has
dramatically changed the form and texture of representation in the parliament.
Now a large number of members come from rural and agricultural backgrounds.
Representation of women, backward or lower castes, sub-altern groups has increased.
Composition of voters has also changed. Now poor, women, Dalits, and sub-altern
class vote more than the rich and urban middle class. This is further changing the
nature of representation in parliament.
Some of these changes are positive but it is also increasing chaos, dissonance, sub-
standard quality of debates, and general indifference of the executives towards
parliament. These are disturbing trends.
In a nutshell, the prime function of parliament is to make laws to fulfil the socio-
economic aspirations of the people and represent the popular will to hold executive
accountable. How much could Indian parliament is able to fulfil these responsibilities
is debatable but out of the three organs of Indian State, parliament/legislature has
faced most critical scrutiny by the people.
Having stated in brief the meaning, constitution, role & function, and representation of Indian
Parliament, in next section of the answer I will try to explain in very brief its functions and will
also discuss its changing role on the wake of changing nature of representation and changing nature
of Indian polity.
Major Functions of Indian Parliament:

• Make Laws
o This is the prime role & function of the Parliament.

o Bills, except money bills can be presented in either house. After debate,
discussion, and voting the bill is passed in the house and sent to other house, in
which by same process it is passed.
o Some of the bills may be sent to a select committee for greater scrutiny.
Feedbacks of people and stakeholders are also invited at this stage.
o Finally, the passed bill is sent for approval of the president, after which it
becomes law.
• Providing cabinet/executives:
o As stated above, council of ministers are formed by picking some members of
parliament.
o If any non-member is picked as minister, he/she will have to become parliament
member within 6 months.
• Holding cabinet/executive accountable:
o Remaining members, who are not picked as ministers, control the executives
by asking questions, watching its actions, suggesting executives.
o For this, parliament forms several committee- standing committee, consultative
committee, select committee, public account committee, etc are some
examples.
• Financial Control
o Budget can only be implemented if it is approved by the parliament.
o Executives cannot spend even a single Rupee without getting approval of the
parliament.
• Some Judicial Functions
o Parliament has right to Impeach President and SC/HC Judges. Impeachment is
quasi-judicial function.
o Parliament can also punish anyone on breach of its privileges. This also is
judicial function.
• Debate, deliberate, and reconcile conflicts.
o It is biggest ‘Panchayat’ of the nation. All important matters are debated,
deliberated, and reconciled through dialogue & discussion.
o This function epitomize democracy, which denote resolving conflict and
collective decisions by dialogue, discussion, communication.
Discussion: changing role of parliament with changing nature of representation

In its functioning Parliament faces challenges from multiple corners. First, the
president who may withhold assent, or use his pocket veto. Second, from the ever-
active judiciary which by devising the basic feature doctrine and judicial review has
limited the amending and legislative powers of the parliament. Third, by the
executives who by means of ordinance and its indifferent attitude towards
parliamentary processes undermine its functioning. Fourth, the extra constitutional

institutions such as civil societies, popular movements, media, which in many
instances such as Lokpal movement, and currently undergoing farmers protests,
undermine its authority and functioning.
It may be noted that almost in all democracies, executives have become superior in
comparison to legislatures. In parliamentary Democracy this is by design. Since, the
head of the Govt, that is PM, is also happens to be the supreme leader of the party
having majority in the elected/popular house. Hence, he/she control both the
executive and legislature. Naturally, once the bill is approved by cabinet and
presented in parliament, its passage becomes a routine. The objections of opposition
members are not counted as they are in minority. This has undermined the role of
parliament as law maker. Effectively, it is the executive who also assume the role of
law maker.
How changing nature of representation affected its functioning:
Beginning 1990s, with the implementation of Mandal commission, and rise of
regional parties, more and more MPs from sub-altern and non-elite classes, rural
areas, and regional parties came into parliament. This changed the form and texture
of parliamentary representation. This in turn affected the nature of issues and debates
undertaken and ways in which parliamentary processes are carried out. Many issues
of least developed and backward areas, federal policies, and changing social
dynamics were actively raised. But on the other hand, this period witnessed most
turbulent, chaotic, noisiest, and unfruitful sessions. Many critics also feel that quality
of parliamentary debates have gone down. Members strictly follow their party lines
making the debate predictable and less meaningful. Representatives, instead of
raising issues of national importance, focus more on issues of their constituencies,
caste, religion, etc
Coalition era, from 1989 to 2014, witnessed erosion of collective responsibility of
cabinet to parliament. Ministers from the quota of regional parties instead of being
accountable to parliament seemed to be accountable to their regional party bosses.
This combined with general apathy of the executives towards parliamentary
processes hugely undermined the essence of parliamentary representative
democracy.
Conclusion:
Out of 3 organs of Indian state, the parliament perhaps came under strongest scrutiny
of the people. It also faced twin challenge of Judicial activism and executive apathy
and indifference towards legislatures. Despite this, increasing voting percentage
(especially among poor, rural people, Dalit, and women), rising number of political
parties, rising representation from sub-altern, rural areas, and active citizenry is
showing rising faith of people in democracy. Since parliament embody the popular
will and popular sovereignty, its importance remains to be paramount particularly in
the parliamentary democracy, as ours. However, Indian Parliament resurrecting
(reviving) its reputation to fulfil people’s aspirations is dependent upon many factors,
many of which may not be in its control.
Q.2: Write Note on Parliamentary control of executives

Answer Template
As per our constitutional design we have adopted the parliamentary form of government,
on the pattern of Westminster (Westminster is the name of the palace in which British
parliament function) system in England. In this form of Govt, parliament not only provide
executives from among its members but also does continuous review and monitoring of its
functioning. Cabinet, the highest executive body consisting of cabinet ministers and PM as
its head, is accountable to parliament both individually and collectively. Executives are not
allowed to spend money and collect taxes without approval of parliament. Ministers are
duty bound to reply to questions asked by MPs. Government is required to inform all
important executive decisions to parliament. It is also required to satisfy concerns of
parliament raised through different ‘motions’ such as ‘call attention’ and ‘adjournment
motions. Through multiple committee, parliament scrutinises actions of executives in detail
and maintain effective control over them.
Following are different means and methods by which parliament controls

executive:
1. By asking questions: First hour in each house from 11 to 12 is called the question hours.
MPs ask two types of questions- unstarred and starred. Written replies are given to
unstarred questions whereas the concerned minister is required to give verbal reply to
starred question in which supplementary(additional) questions may also be asked.
2. Parliamentary motions: One of most effective methods of controlling executives is
through debates and voting on different motions. Call attention motion are to attract Govt’s
attention on important issues requiring discussion. In the Adjournment motion normal
parliamentary proceedings are stopped to debate and vote on very urgent issue. Confidence
motions are debated and voted to express confidence or no confidence in council of
minister. Through Cut motion financial control is exercised. Lok Sabha may also bring no-
confidence motion, passing of which may result into falling of central Govt.
3. Parliamentary committee: Through its numerous committees, parliament exercises
detailed scrutiny of executive actions. Public accounts committee, estimate committee,
select committee, joint parliamentary committee, committee on public undertakings, etc

are important Parliamentary committee.
4. Parliamentary ratification of executive decisions: Crucial executive decisions such as
emergency, ordinance, etc. require parliamentary approval within specified time frame.
5. Financial control: During the budget session, demand for grants of each ministry is
debated and voted by parliament. Parliament passes appropriation bill authorising the
executives to do expenditure from consolidated fund of India. Finally, financial bill is
passed to enable the executives imposing taxes. Thus, without parliament’s scrutiny and
approval executives neither can collect tax revenue nor spend a penny.
In Sum, parliament not only provide council of minster from among its members but also
scrutinises and control executives’ actions continuously. Parliamentary control of executive is
essential feature of parliamentary form of Democracy. People are supreme and sovereign in
democracy and hence executives are to serve people’s interest. Popular sovereignty is
represented by parliament. Therefore, parliament control the executives/govt on behalf of the
people. Parliament as people’s representative is the watchdog on executives who wields actual
power of governance. Parliamentary control of executive, therefore, reflects the essential
feature of democratic governance.
THEME 4: THE EXECUTIVES: PRESIDENT AND

PRIME MINISTER
4.A: Key Points:
President:
• President is head of the Indian state. All the executive powers of the State are vested in
him. All the executive functions of Govt. of India are carried out in his name.
• But President does not really exercise those powers at his discretion( will, choice). He is
bound by the advice of council of ministers headed by Prime Minister. Thus, the PM , and
not the President, who has the real power of governance.
• Indian Presidency is modelled like the British Constitutional Monarch. But Unlike British
Monarch, Indian President is elected by an electoral college consisting of people’s
representatives (MPs and MLAs).
• President is elected for a term of 5 years. He can be removed by Impeachment on grounds
of violation of constitution for which resolution must be preferred by either house of
parliament and passed by other house by a special 2/3rd majority.
Role, Power, Functions:
• Executive Powers/Functions
• Is head of State as well as executive organ of the State.
• All executive business are carried in his name; appoints all important positions
• Supreme commander of armed forces
• Legislative functions
• Part of the Parliament
• No bill can become law without his approval
• Ordinance making power
• Summoning, addressing, proroguing parliament, and dissolving the lower house
• Judicial powers/functions
• Appoints Judges of SC and HC, can ask for the legal advice from SC.
• Can grant pardons, reprieve, respite, remissions or can suspend, remit, or commute
sentences
Other Role, Function, Powers:
• Right to get informed on executive and legislative matters by the PM
• Emergency powers: can impose 3 types of emergency- national, financial, state
• Represents the federal system and Indian federation
Limited Situations when President may use his discretion ( decide by his own will, choice):
• Appointing prime-minister when no party get majority after election
• Accepting advise of dissolution of Lok Sabha by council of minister not

commanding confidence of the house
• Keeping the passed bill pending for his assent
• Public speeches, interviews, without getting it vetted by the govt.
Prime Minister:
• Prime minister is the head of central Govt. He is like the chief executive of the Indian State.
• All the executive powers vested in president are actually used by the PM.
• Source of PM’s power is article 74(1) which says that there shall be a Council of Ministers
with the Prime Minister at the head to aid and advise the President who shall, in the
exercise of his functions, act in accordance with such advice.
• PM not first among equal: Prime minister as head of the council of minister is supposed
to be ‘Primus inter pares’, that is, first among equals. But even in England, from where
we took the Westminster system of parliamentary Govt, the role and position of Prime
minister far surpassed the original role envisioned in British constitution.
Role, Power, Functions:
• Executive functions:
• Head of union government, head of cabinet and council of ministers
• Master of union cabinet: makes it, manages it, and can dissolve it
• Chairman of appointment committee on appointments ( ACC), upon whose advise
president does all important appointments.
• Actual maker of Budget

• Shapes the foreign policies and international relations
• PMO- PM’s office- most powerful executive institution in India- super ministry
• Legislative functions:
• Leader of Parliament, especially Lok Sabha
• Supreme legislative control as head of cabinet, which approve placement of bills in
parliament, and leader of the parliament, which passes the bill.
• As crucial link between Parliament and executives
• As coordinator of federal governance
• Chairman of inter-state council, national Development Council ( NDC), and Niti
Aayog.
• His style of governance actually decides the functioning of federal Constitutional
governance.

IMPORTANT QUESTIONS
Q.1: Critically evaluate role and position of the President in the Indian political
system.
Ans Template:
Introduction:
The Indian presidency differs from most other presidencies across the world. Despite all
executive powers being vested in him, he does not really exercise those powers at his
discretion. He is head of the state but bound by the advice of council of ministers headed
by Prime Minister. Indian Presidency is modelled like the British Constitutional Monarch.
But Unlike British Monarch, Indian President is elected by an electoral college consisting
of people’s representatives. Many a times, a very popular and active leader becomes
president. For them to act like a ceremonial head of the state may not be easy.
In a nutshell, he is like referee in the game real politic of the Indian parliamentary system
where real power of governance lies with the council of minister headed by prime minister.
President is elected by electoral college comprising of all MPs and MLAs of all states and
UTs of Delhi and Pondicherry. Proportional representation by single transferable votes is
the method of election of Indian President. Winning candidate obtains absolute majority.
He can be removed by Impeachment on grounds of violation of constitution for which
resolution must be preferred by either house and passed by other house by a special 2/3rd
majority, that is, actual nos. of members voting in favour should be more than 2/3rd of
house strength.
As per article 53 of the Constitution, entire executive functions of the state are carried out
in the name of president. He is supreme commander of armed forces. He appoints all
constitutional officials- PM, ministers, Chief Justice, Governor, CAG, CVC, Election
commissioners, members of UPSC, Governors, Attorney General, etc.
President is considered part of the Parliament. No bill despite being passed by both houses
can become law unless assented (agreed) by the president who may withheld, return, or
keep pending the passed bills. He summons, prorogue, address the parliament and dissolves
the Lok Sabha. Money bill cannot be introduced without his prior sanction. He can
promulgate ordinance when parliament is not in session. He has right to get informed on
executive and legislative matters by the PM and has direct access to Parliament by sending
messages. He has powers to impose Emergencies, has judicial powers to grant pardons.
And finally, president represents the Indian federation.
However, in exercise of almost all his powers he is bound by the advice of counsel of
minister headed by prime minister. In spite of this limitation, on few occasions’ president
may use his discretion, which I shall discuss in later part of the answer.
Starting with first president Dr. Rajendra prasad majority of presidents have asserted
themselves to varying degree using the limited constitutional scope of discretion. From
1989 till 2014, the coalition era has provided more such occasions for presidential
assertiveness. Whether assertive presidents are good or bad for Indian Democracy is
debatable.
In the next part of the answer, I will list out and explain in very brief the role, functions, powers
of Indian president. Thereafter, I will discuss the assertiveness, that is, independent or discretionary
decisions, of Indian president by citing few examples.
Role, functions, powers of president:

• Executive Powers:
• President is the head of the Indian State. He is also the executive head of the state.
• Executive power of Indian state is vested in president
• President is the supreme commander of armed forces
• Appoints all constitutional officials- PM, ministers, Chief Justice, Governor, CAG,
CVC, Election commissioners, members of UPSC, Governors, AG
• Govt. of India carry out all executive decisions in the name of President.
• Legislative Powers:
• Is part of Legislature. Indian parliament consists of Lok Sabha (lower or popular
house), Rajya Sabha (upper, indirectly elected and nominated house), and the President.
• No bill despite being passed by both houses of the Parliament can become law
unless assented (agreed) by the president who may withheld, return, or keep
pending the passed bills for any amount of time (called pocket veto).
• Power to Summon, address, prorogue (postpone) the parliament.
• Money bill (those containing tax proposals and financial/money matters) cannot be
introduced without his prior sanction.
• Finally decides disqualification of MP (article 103); grounds for such disqualifications
are listed in article 102
• Power to Dissolve the house of people (Lok Sabha)- Article 85
• Ordinance making power - Article 123
• When the parliament is not in session, the president may promulgate ordinance
to bring about law.
• Such laws by ordinance must be passed by the parliament within 6 weeks of
from the reassemble of Parliament.
• Right to get informed on executive and legislative matters by the PM- article 78, and has direct
access to Parliament through messages.
• Judicial powers
• Appoints judges of Supreme and High Courts
• Can grant pardons, reprieve, respite, remissions or can suspend, remit, or commute
sentences to convicted persons.
• Emergency powers
• The president can declare three types of emergencies:
• National emergency on grounds of war or external aggression or armed
rebellion: Article 352
• Emergency in States on grounds that government of the State cannot be
carried on in accordance with the provisions of the Constitution: Article 356
• Financial Emergency under articles 360.
• Represents the federal system and Indian federation
• Appoints Governors, who represent the President in the state. He has the similar role,
position vis- a-vis state Govt as President has with the central Govt.
• Governor of the states may reserve Bills passed from the state legislatures for the
consideration of the President – Article 200
Presidential Assertiveness: myth or reality?

Despite being head of the state and all executive powers vested in him, the president of
India has very little discretion, that is, to act as per his own will. He is bound by the advice
of the council of ministers headed by Prime minister.
Following are the relevant Constitutional provisions/articles which clearly make president
a nominal head of executive arm of the Indian state:
• Article 53: The executive power of the Union shall be vested in the President
• 74(1) :There shall be a Council of Ministers with the Prime Minister at the head to
aid and advise the President who shall, in the exercise of his functions, act in
accordance with such advice
Thus, article 74(1) virtually binds the president from the advice of council of minister.
Despite this, there are at least 4 occasions when president may use his discretion. These
are:
• Appointing prime-minister when no party get majority after election.
• Accepting advise of dissolution of Lok Sabha by council of minister, which has lost
confidence of the house.
• Keeping the passed bill pending for his assent, called pocket veto.
• Public speeches, interviews, lectures, etc. without getting it scrutinized (examined
or agreed) by the govt.
Instances of presidential assertiveness in Indian Constitutional history:
• 1950s: Dr. Rajendra Prasad: differed with Nehru Govt on many issues, especially
on Hindu code bill. In a speech he suggested that Indian president is not entirely
bound by advice of council of minister. This created huge controversy and tensed
relation between the President and Central Govt headed by PM.
• 1979- Dr. Neelam Sanjeeva Reddy appointed Choudhary Charan Singh as Prime
minister, despite him not commanding the majority support in Lok Sabha. He also
accepted advice of Choudhary Charan Singh on dissolution of Lok Sabha, despite
the PM had lost the confidence of the Lok Sabha. Both these decisions were clear
assertion of the presidential discretion.
• Gaini Jail Singh in 1986 returned the postal bill without giving approval.
• 1996: Shankar Dayal Sharma returned two executive orders to the cabinet.
• R.K.Narayan (perhaps most assertive president) asserted his discretion on multiple
occasions:
• Twice- in 1997 and 1998- returned proposals of cabinet for imposition of
emergency in UP and Bihar respectively.
• He set a new precedent whereby it became mandatory for a person staking
a claim to the Prime Minister's office to produce letters of support from
alliance partners.
• Delivered public speeches and interviews not vetted (approved) by govt.
• 2006: APJ Kalam returned office of profit bill to cabinet
• Pranab Mukherjee
• 2014: refused to sign ordinances on anti-corruption law
• 2017: commuted death sentences of four convicts against the advice of the
cabinet
• Disapproved suggestion to send former West Bengal governor India’s next

ambassador to Myanmar.
Conclusion:
Indian president is head of the Indian state. All executive powers are vested in the
President. All executive business of Indian Govt. is carried in the name of the president.
He is supreme commander of the armed forces. He is integral part of Indian Parliament and
no bill can become law without his approval. He has powers to make law even without the
approval of parliament through passing ordinance. He has powers to declare national, state,
and financial emergencies. He has extensive powers to pardon the convicted persons.
But all these extensive powers are nominal not real. In exercise of his powers, he is bound
by the advice of the council of ministers. There are very few occasions where president
may use his discretion to decide or act. Most of them arises if no political party wins
majority seats in the Lok Sabha or when the council of minister loses confidence of the
lower house.
However, contrary to popular image of Indian president being mere titular( nominal) head
or rubber stamp, Indian presidency has been provided with few but very significant
discretionary power by the constitution. Most important is appointment of prime minister
for which no guideline is prescribed in the constitution. Successive presidents have used
them and other constitutional ambiguities( confusion) to assert themselves. Coalition era
since 1989 has provided presidents more such occasions. On those occasions, the
Rashtrapati Bhawan, as some scholars have said, turns into ”silent volcano’” from
otherwise the “the sanctuary in the storm”.
Q.2: Critically examine the role of the Indian Prime Minister in the parliamentary system of
Government.
Similar Question:
Q: The Indian prime minister was never ‘first among equals. Do you agree? Give reasons for your
answer.
Ans. Template:
Introduction:
Indian Constitution adopted the Westminster form of parliamentary democracy in which
real power is vested in council of minister accountable to popular house. In the Westminster
cabinet system of Govt., Prime minister as head of the council of minister is supposed to
be ‘Primus inter pares’, that is, first among equals. But even in England, from where we
took the Westminster system, the role and position of Prime minister far surpassed the
original role envisioned in British constitution.
Indian constitution give equally vast authority to prime minister as master and head of
council of minister in which real executive power of the Indian state is vested. Prime
minister (PM) is the head of Indian Govt. He is actually the chief executive of the Indian
State. All executive powers, though vested in the president, but it is PM who actually
exercises those powers. As leader of majority party in Lok Sabha, he exercises enormous
legislative power. He not only gets the bills approved in cabinet but also ensure its passages
in the parliament. He even has the power to advise the president dissolution of the lower
house of the Parliament (Lok Sabha). He is the lynchpin (fulcrum, link) between Parliament
and Central Govt. Prime minister as heads of inter-state council, national development
council, Niti Aayog, national integration council, etc acts as chief coordinator of federal
governance system of Indian state. Thus, he is not merely first among equals rather he is
chief executive and leader of the nation.
In the next part of the answer, I will list out and explain in very brief the role, functions, powers
of Indian Prime Minister. Thereafter, as part of the conclusion, I will discuss the role and powers
of Prime minister in the parliamentary system and compare it with powers of presidents in the
presidential system.
Role, position, and powers of the prime minister:

Constitutional provisions related to role and functions of Indian PM:
Surprisingly, Indian Constitution mention about PM only in couple of articles. These
are:
• 74(1): There shall be a Council of Ministers with the Prime Minister at the
head to aid and advise the President who shall, in the exercise of his
functions, act in accordance with such advice.
• 75(1) : The Prime Minister shall be appointed by the President and the other
Ministers shall be appointed by the President on the advice of the Prime
Minister.
• 78 : Duties of Prime Minister in respect of furnishing information about
governance and other matters to the President
Despite such brief account of powers of PM in the Constitution, there is no doubt that he is the
most powerful Constitutional position in Indian political system. Source of his power is him
being the maker and head of council of minister to whose advice president is bound to accept.
This gives him enormous powers. Some of these are as below:
• Executive Powers and functions:

• Head of union government
• Master of union cabinet: He creates, manages, and dissolve the union
council of minister.
• All executive decisions of Indian Govt. are taken by the cabinet, which is
nothing but part the council of minister. Thus, in effect all executive
decisions are taken by the PM.
• Link between council of minister and president.
• Chairman of Appointment Committee on Appointments (ACC)
• ACC decides on appointments of all top executive positions. Thus, PM
actually decides all appointments.
• Direct role in appointment of constitutional officials, such as CAG, CVC, CEC,
CIC, AG, etc.
• Financial planning and control through budget themes and priorities
• Though budgets are presented by the Finance Minister, but PM is the true
maker of the central Budget.
• Shapes the foreign policies and international relations.
• Can advise imposition of emergencies and de-facto administer even states during
state emergencies
• President, bound by the advice of the council of minister, declares
emergency only as decided by the PM. Thus, in effect PM has the
emergency powers.
• Role of PMO: Prime Minister’s Office acts as super ministry, coordinating,
directing, and guiding all central ministries.
• In policy making, PMO plays most important role.
• In fact, PMO has become the most powerful institution in Indian
governance system.
• Legislative functions:
• As leader of the party having majority in Lok Sabha, he is the leader of Lok Sabha
as well as the Parliament.
• Supreme powers in placing and passing of the bills:
• As head of cabinet, only on his approval, the bills are approved by the
cabinet
• As leader of the Parliament, has the key role in getting the bill passed in the
parliament.
• Act as crucial link between Parliament and executives, between the council of
minister and president.
• Can advise president for dissolution of the Lok Sabha
• Judicial Powers:
• Key role in appointment of Judges of Supreme and High Courts.
• Generally, president exercises powers to pardon on the advice of the cabinet.
Hence, actual power to pardon also lies with the PM.
• As leader of the parliament, PM may play key role in impeachment of Judges.
• As coordinator of federal governance
• Chairman of inter-state council, National Development Council, and Niti Aayog.
• PM acts as chief coordinator of the federal governance system.
• His style of governance immensely affects the federalism as practiced in Indian
political system.
Discussion and conclusion:

Prime minister literally may mean “primary minister" or "first minister". In this sense the
Prime Ministers may be considered to be "first among equals “. But even in England, where
this term was used for PM in historical past, the role and position of Prime minister far
surpassed the original role envisioned in its unwritten constitution. Indian PMs traditionally
wielded extensive authority and never were considered merely first among equal. Though
all executive powers are vested in President but he exercises these powers only on advice
of council of minister whose master is Prime minister. Hence, effectively PM exercises all
executive powers of Indian State.
In the parliamentary system, PM has more extensive discretionary powers than
presidents in presidential system such as in USA. This is because in presidential system,
the legislatures are clearly separated from the executives, and therefore, they have a very
effective check on the powers of presidents. Tussle between the Congress (Legislature in
USA) and presidents in USA is quite common. But in parliamentary system, the executives
come out of the legislature. A part of the legislature perform executive function and
governs. PM as both head of the Govt, and leader of the majority party in the Lok Sabha
faces little resistance from the Legislatures. Hence, except the Judiciary, there is no other
institution which can check the powers of Prime minister in Parliamentary system. Hence,
if a party wins clear majority in Lok Sabha, the PM becomes very powerful. On the
contrary, powers of PM reduces significantly if no party wins the majority and a coalition
Govt. is formed.
Range of powers Indian PM wields is astounding. He is the chief executive officer of the
country, leader of popular house of parliament, chief coordinator of federal governance
system, and leader of the nation. PM sets the agenda inside and outside of Parliament. His
visions are realized in form of laws and public policies made by the Legislatures and
executives respectively. People look up to him with hope and aspiration. He shapes our
foreign relations and represent the country internationally.
Indian PM have all three sources of authority- rational-legal, traditional, and charismatic-
as described by Max Weber. Constitution, through articles 74 and 75, vests real executive
powers in PM. Hugely popular, mass leader having charismatic personalities has been the
Indian PM. Hence, institution of PM holds supreme authority in Indian constitutional
design and practices. Indian PMs never have been merely ‘first among equal’. In fact, PM
is the most powerful authority in Indian political system
THEME 5: THE JUDICIARY: SUPREME AND HIGH

COURTS
5.A: Key Points:
SUPREME COURT (SC):
• SC is the topmost and final court in India. It is also head of the integrated judiciary,
that is, SC also has administrative control over the High Courts (HC).
• Chief role of Judiciary is to interpret/scrutiny laws made by the
parliament/legislature for their constitutional validity. This is called Judicial
Review.
• Both the acts passed by parliament and subordinate legislation and orders by
executives (rules and regulations) are treated as ‘Law’. Even the amendments in
Constitution are treated as ‘law’ and comes under judicial review.
• Hence, judiciary is the protector of Constitution and guardian of the constitutional
Indian state.
Constitution (Composition) of SC:
• Article 124(1): There shall be a Supreme Court of India constituting of a Chief
Justice of India and, not more than 30 other Judges.
• Article 124(2): Every Judge of the SC shall be appointed by the President after
consultation with such of the Judges of the SC and HC as the President may deem
necessary for the purpose and shall hold office until he attains the age of 65 years.
• Article 124(3) : Qualifications for appointment as SCI Judge:
(a) at least five years a Judge of a High Court or of two or more such
Courts in succession; or
(b) has been for at least ten years an advocate of a High Court or of two
or more such Courts in succession; or
(c) is, in the opinion of the President, a distinguished jurist.
Collegium system: Chief Justice of SC and 4 senior-most judges of SC recommends
names of persons to Govt/president for appointment as Judges
• Also called ‘Judges select Judges’ system.
• Parliament passed National Judicial Appointment Commission (NJAC) Act
2014 to replace the Collegium system; but SC struck down the Act stating
that this violates the ‘Basic Structure’ of the Constitution.
Removal of SCI Judge: Article 124(4) : on the ground of proved misbehaviour or

incapacity
• Resolution to such effect passed by each house by special majority
(majority of 2/3rd members present and voting, total numbers supporting must
be more than 50% of the total strength of the House.)
Role and Functions:

• Federal Court
• Interpreter and Guardian of Constitution
• Maintain the constitutional state (Indian state as per the Constitutional
design)
• Fill the gap in electoral politics
• Protector of Fundamental Rights to citizen
• Powers to issue writs (mandatory Constitutional orders) to protect
Fundamental Rights under article 32
• Highest Court of Appeal
Jurisdiction/powers of SC:
• Original Jurisdiction: article 131
• Federal disputes- between center and states, between states
• Powers to issue Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari,
Quo-Warranto.
• To protect fundamental rights
• Appellate Jurisdiction: article 132, 133, 134, 136
• Cases involving substantial question of law or interpretation of constitution
• Civil and criminal cases certified by HC to be eligible for appeal in SC
• Advisory: article 143
• President may ask for legal advice.
• Advise not binding on Govt. SC may decline to advise
HIGH COURT ( HC):

• The high court is the highest court in the state. It is the highest court of appeal in that state
• Article 214 of the constitution provides that there shall be a high court for each state.
However, the parliament may by law establish a common High Court for two or more states
and union territory. At present there are 24 High Courts in India.
• Appointment of Judges in the HC: Article 217 states that every Judge of a High Court shall
be appointed by the President after consultation with the Chief Justice of India, the
Governor of the State, and, in the case of appointment of a Judge other than the Chief
Justice, the Chief Justice of the High Court. Maximum age limit for HC Judges are 62
years.
• But in practice, the Appointment of Judges in the HC are done through the Collegium
system as explained above.
• Unlike the supreme court the Constitution does not specify the powers and jurisdiction of
High Courts. It only specifies its powers to issue Writs to protect fundamental laws under
article 226.
Powers & Jurisdictions:

High Court have two types of Jurisdiction- first, original jurisdiction and second, appellate
jurisdiction.
Original jurisdiction means the authority of the high court to hear and decide cases for the first
time.
Original Jurisdiction:
• Powers to issue writs under article 226 to protect any Constitutional rights,
including the Fundamental Rights .
• Regarding some election disputes, matters such as divorce, will, and contempt of
court, etc
Appellate jurisdiction in relation to High Court refers to the power of the High Court to review the
decisions of Lower courts.
Appellate Jurisdiction
• In civil cases: an appeal can be made to the High Court against a district court’s
decision.
o An appeal can also be made from the subordinate court directly if the
dispute involves a value higher than Rs. 5000/- or on a question of fact or
law.
• In criminal cases: it extends to cases decided by Sessions courts (criminal court

usually at District Headquarters)
o If the sessions judge has awarded imprisonment for 7 years or more.
o If the sessions judge has awarded capital punishment
Administrative powers:
• The High Court it is also administrative head of the district, sessions, and subordinate
courts in the state
Power of Judicial Review:
• The High Court can struck down any law passed by the state legislature or any
executive under the state government if those laws violate any provision of the
constitution.
Power of Certification
• A High Court alone can certify the cases fit for appeal before the Supreme Court. Only
those cases which involves substantial question of laws, other than the criminal cases, are
allowed to be referred or appealed to the SC. Article 132, 133, 134 prescribes the eligibility
of cases to be certified by the HC.

IMPORTANT QUESTIONS
Q.1: Explain in brief power and functions of Supreme court of India with
special reference to judicial review and its relation with parliament
Ans. Template:
Introduction:
In liberal democracy, which we are practicing as per our constitution, powers are divided
among 3 organs of the state- Legislature, Executives, and Judiciary. Legislature make laws,
executives implement those laws in particular cases/instances, and Judiciary
interpret/scrutiny those laws for their constitutional validity. Both the acts passed by
parliament and subordinate legislation and orders by executives (rules and regulations) are
treated as ‘Law’. Even the amendments in Constitution are treated as ‘law’ and comes
under judicial review. Judiciary ensures that laws are enacted by following procedure as
established in the constitution (doctrine of ‘procedure as per law’) and also the laws are
just and fair( ‘due process’ doctrine). Hence, judiciary is the guardian of the constitutional
Indian state.
India follows integrated judiciary. Supreme court of India (SCI) is not only the top court
in India, it also administratively controls and supervise the High Courts(HC). In turn HC
administratively control the district and lower courts. SCI also acts as federal court.
Disputes between centre and state, and between two or more states are resolved by the SCI.
SCI is the ultimate protector of fundamental rights of citizens. SCI also acts as highest
appellate court for both civil and criminal cases. SCI also has advisory power. It can advise
the president on legal and constitutional matters.
In a nutshell, SCI is the topmost and final court in Indian Judicial system. It is, therefore,
assigned most sensitive and crucial responsibilities as the very protector and guardian of
the constitution.
Jurisdiction of SCI in adjudicating legal matters may be categorised into 4 types. Federal
disputes and transfer of cases comes under original jurisdiction. Issue of writs to protect
fundamental rights are writ jurisdiction. Appellate and advisory are remaining 2
jurisdictions. Brief explanation of these powers/ jurisdictions shall be presented in the next
section of the answer.
Judicial Review is the review or scrutiny by Judiciary of acts passed by Legislatures and
subordinate legislation and orders by Executives to decide whether or not those are valid
under the Constitution. Judicial Review has two components. First, whether the laws are
passed as per the procedure laid out in the constitution. Second, whether the law is just and
fair. First is procedural validity and second is substantive validity.
Judicial Review has been the bone of contention (issue affecting relation between two
parties) between SCI and parliament. Judicial review has given the doctrine of ‘basic
structure’ and judicial activism. Parliament representing ‘’popular will’’ tried to assert its
sovereignty in matter of legislation, particularly constitutional amendments. But SCI,
through sequence of judicial pronouncements, established the doctrine of ‘basic feature’ or
‘basic structure’, which limited the power of parliament to amend the constitution. Tussle
between parliament and SCI underline evolution of constitutional democracy in India.
After stating the power and functions of Supreme court of India with special reference to judicial
review and its relation with parliament, in the next section of the answer, I will explain them in
brief.
Role and Functions of Supreme Court of India (SCI):

• Original Jurisdiction: article 131
• These functions can only be performed by the SCI, HC and lower courts have no
Jurisdiction on these matters.
• Federal Court
• Disputes between centre and state, and between two or more than
two states can only be decided in the SCI
• Writ Jurisdiction: article 32
• Protector of fundamental rights
• Anyone can file a writ petition under article 32 directly to SCI in case
his/her fundamental rights are harmed or taken away.
• Appellate Jurisdiction: article 132, 133, 134, 136
• Final court of appeal for
• Cases involving substantial question of law or interpretation of constitution
• Civil and criminal cases
• Not infallible but Final: decisions of SCI are final; no further appeal is
possible. But it can review its own decision for any factual error.
• Advisory Jurisdiction: article 143

• President may request SCI to advise on question of law or fact
• Such advise not binding on govt.

• SCI may decline to advise
• Other functions:
• Interpreter and Guardian of Constitution
• Maintain the constitutional state: SCI ensures that governance and polity
is carried as per the Constitutional provisions.
• Fill the gap in electoral politics: Check populism. Also give voice to
excluded and marginalised people not represented through the electoral
politics. SCI has carried out this function through the instrument of Public
Interest Litigation (PIL), brief of which is presented in the later part of the
answer.
Judicial Review:
As stated in the introduction, SCI has the power to review or scrutinize the enacted laws and
constitutional amendments on whether they are enacted as per procedure established by
Constitution and they are also just and fair. Former is procedural scrutiny and latter is substantive
scrutiny (also called ‘due process’ doctrine)
Constitutional Bases of Judicial Review:
• Article 13(2): any law which takes away or abridges the fundamental rights shall be void
• Constitutional amendments are also treated as law
• Article 32: guarantee of constitutional remedy against harm of fundamental rights.
• Article 131-136: SCI to decide on substantial question of law and interpretation of
constitution
Milestone in the Journey of Judicial Review:

Since the constitution was implemented in 1950, there has been a long tussle between SCI on one
side and central Govt and parliament on the other side. Following are the milestone cases of this
long tug of war, which culminated into ‘Basic Structure’ Doctrine:
• Golaknath case-1967
• Against the 1st, 4th, and 17th Constitutional amendments, SCI decided that
• Constitutional amendment Act was also ‘’law’’ within purview of article
13(2), and hence, they also come under the purview of judicial review.
• FR sacrosanct and hence cannot be amended by Parliament
• Govt and Parliament responded with 24th and 25th Amendment-1971, which provided that:
• 24th Amendment: Constitutional Amendments acts passed under article 368 were
not ‘’law’’ and hence out of judicial review under 13(2)
• 25th Amendment: added new article 31 (c) : Acts passed to implement provisions
contained in article 39(b), 39(c) (DPSP- distributive justice and social control of
means of production) shall not be invalid on the ground of violating FR under
article 14( right to equality), 19( right to freedom), 31( right to property).
• SCI responded with judgement on Keshavananda Bharti case-1973, it decided that:
• Constitutional amendment Acts are not ‘’law’’ within purview of 13(2)
• Parliament can amend fundamental rights or any other part of constitution provided
‘’basic features’’ or ‘basic structure’ of the constitution are not altered.
• SCI never exactly explained what are those ‘’basic features’’, but gave enough hints
that fundamental rights, federal structure, independence of judiciary, etc are
included in the ‘’basic features’’ of the constitution.
• Central Govt and Parliament responded with 42nd Amendment -1976
• Added 368 (clause 4,5)- “there shall be no limitation of the constituent power of
parliament to amend and amendment acts shall be out of Judicial Review”
• Acts passed to implement provisions contained in any of directive principles
(DPSP) shall not be void on the ground of contravening FR under article 14, 19, 31
• The above provisions placed judiciary below Legislature and Fundamental Rights
below DPSP. It was very profound and fundamental change in the Constitutional
design.
• But the SCI once gain restored the balance with judgement in Minerva Mill Case-1980
• It Struck down article 368 (clause 4,5) and stated that parliament’s amendment
power is limited by doctrine of ‘’Basic Features’’.
• Only DPSP under 39(b), 39(c) got primacy over FR 14.19
Net result of the Long constitutional battles between Judiciary and Legislature/Parliament can
be summed as the following, which also sums up their relation:
1. Article 368 gives the Parliament right to amend the constitution. But this right is not absolute.
Parliament cannot, by amendment, change the ‘basic feature’ or ‘basic structure’ of the
constitution.
2. Judiciary/SCI has the right of judicial review not only of laws enacted by the parliament but
also the amendments done by it.
3. Article 39(b), 39(c) will get priority over Fundamental right to equality (article 14) and right to
freedom (article 19).
Judicial Activism:
Pro-activeness of judiciary in taking up matters which seems to be falling in the domains of
executives are termed as judicial activism. For example, courts directing the district
administration to clean the drains or remove the encroachments, etc. Apart from expanding
scope of judicial review, Public Interest Litigation became the chief instrument through which
Judicial activism manifested since late 1980s.
• Public Interest Litigation (PIL)
• Also called Social Action Litigation
• It is case filed by anyone on behalf of worst-off citizens (who themselves
are not able to approach courts) and for social cause. For example, case filed
in SCI against excess pollution in Delhi.
• Started in 1986: justice P.N.Bhagwati and V.R. Krishna Aiyar are
considered the originators of PIL in India. They admitted lots of PIL and
encouraged courts taking up PIL actively.
• Judicial Activism: Pros & Cons
• Pros/ positives
• Give voice to poor, marginalized, and excluded peoples
• Help social cause, such as CNG buses in Delhi or expanding the scope of
fundamental rights.
• Made executive more accountable to people. Executive fear PIL and hence
become more sensitive to social causes.
• Made citizen more aware of their rights. Hence, made Democracy stronger.
• Has increased people’s faith in Judiciary.
• Cons/Negatives:
• Seems to encroach( invade) upon executive domain.
• SCI devoting more time on PIL than settling disputes. This results into
increase in pending cases.
• Undermine popular will as expressed by parliament. Undermine
parliamentary democracy.
• Distort balance of power. Judiciary seems to have got upper hand vis-à-vis
executives. Through Judicial Review they are already taken a superior
position vis-à-vis Legislature.
Conclusion:
Out of 3 organs of the state, people have shown perhaps highest faith in Judiciary. It is
ironical as it is not elected as the legislature and political executives. This is possibly due
to very balanced and prudent judgements by SCI which attempted to protect the spirit of
constitution and rights of poor, marginalized, and excluded citizens to best of its ability
despite all odds. This might also because Judiciary, unlike Legislature, is quite separated
and independent from the Executive.
SCI filled the gap of the electoral politics which may exclude many segments of the
population, especially minorities. Of late, many criticize the pro-activism of Judiciary and
resulting imbalance of powers among the 3 organs. But many others feel that Judicial
activism also helped making executive more accountable, help maintain the constitutional
state, and fill in the gap in electoral politics. If India remained democracy despite despotic
rules in neighboring nations, credit for this should also go to Judiciary and its highest
authority- SCI.
Q.2: Write a Note on Appointment of Judges in High Courts and the Supreme
Court
Answer Template
Appointment of High Courts (HC) and the Supreme Court (SC) Judges has been long
disputed constitutional issue between the Judiciary on side and Central Govt and
Parliament on the other side. Current method or practice of Appointment of HC/SC Judges
is called the collegium system. In common language this system is known as Judges
selecting Judges.
Literal meaning of collegium is community of people in same profession. The Supreme
Court collegium is headed by the Chief Justice of India and four other senior most judges
of SC. A High Court collegium is led by its Chief Justice and four other senior most judges
of that court. Supreme Court collegium, after due consolation with HC collegium, if
required, sends the names of selected Judges for appointment to the central Govt.
Thereafter, government’s role is limited to getting an inquiry conducted by the Intelligence
Bureau (IB) and do some mandatory antecedent verification. It can also raise objections
and seek clarifications regarding the collegium’s choices, but if the collegium reiterates
(repeat) the same names, the government is bound, under Constitution Bench judgments,
to appoint them as judges.
But Govt. may just sit over the Collegium’s recommendation and delay the appointments.
It may also selectively appoint some judges from the recommended list and return the
remaining. All these tactics on part of Govt. further create conflict with Judiciary on this
issue.
It may be noted that collegium system is not mentioned in the Constitution. It was evolved
through Judicial pronouncements and interpretation. Article 124(2) and 217 of the
Constitution deals with appointment of Judges of SC and HC respectively. Article 124(2)
states that every Judge of the SC shall be appointed by the President after consultation with
such of the Judges of the SC and HC as the President may deem necessary for the purpose
and shall hold office until he attains the age of 65 years. Article 217 states that every Judge
of a High Court shall be appointed by the President after consultation with the Chief Justice
of India, the Governor of the State, and, in the case of appointment of a Judge other than
the Chief Justice, the Chief Justice of the High Court. Maximum age limit for HC Judges
are 62 years.
Evolution of the Collegium System:

In the above stated articles, President was supposed to consult Judges for taking a decision
on appointing Judges. This became the basis of the Collegium System. The system, though,
evolved through 3 cases during 1981 and 1998, called three Judges case. In the First
Judges Case: (S P Gupta Vs Union of India, 1981,) the Supreme Court by a majority
judgment held that the President is not bound by the suggestions of the Judges. This
actually tilted the dice in favour of the executives in appointment of Judges. But this was
overturned in the second judge case (Supreme Court Advocates-on-Record Association
Vs Union of India, 1993,) a nine-judge Constitution Bench overruled the decision in first
Judges case, and devised a specific procedure called ‘Collegium System’ for the
appointment and transfer of judges in the higher judiciary (HC & SC). The third Judges
case was further opinion of SC on the collegium system. This was issued against the
President asking for the advice on this matter under article 143.
Fate of the National Judicial Appointment Commission (NJAC) Act 2014:
In 2014, the Parliament passed the National Judicial Appointments Commission (NJAC)
Bill to scrap the collegium system of appointment of Judges. The President of India has
given his assent to the National Judicial Appointments Commission Bill, 2014 on 31
December 2014, after which the bill became the National Judicial Appointments
Commission Act (NJACA), 2014.
But the Judiciary responded quickly. Supreme Court struck down the NJAC Act on the
ground that NJAC is interfering with the autonomy of the judiciary by the executive which
amounts to changing the basic structure of the constitution. As per the basic structure
doctrine (which also evolved from judicial orders and interpretations), parliament is not
empowered to change the basic structure of the Constitution. However, Supreme Court
acknowledged that the collegium system of judges appointing judges need more
transparency and credibility which would be taken care by the Judiciary.
In sum, appointment of Judges through the collegium system is creating tensions between
Judiciary on one side and Executive and Legislature on the other side. It may not be helping
the cause of Judiciary, too. The system may breed cronyism (friends helping each other),
dis-regard of merit, increase conformity (everyone towing same line) and silencing unique
and different voices in the Judiciary. It would be in the interest of Indian Democracy to
sort out the issue of appointment of higher Judiciary. One solution may be Constitution of
Indian Judicial Service (IJC) on the pattern of IAS/IPS or civil services. However, even
after the IJC, in appointment of SC & HC Judges, the executive will have to consult the
SC/HC Judges. Hence, there should be a more robust, open, and elaborate consultation
method for selection of Judges. May be the time of Judges selecting Judges in India is over.
We need to move toward better system.
Q.3: Write a short note on role, functions, and Jurisdiction of High Courts in
India.
Answer Template:
The high court is the highest court in the state. Article 214 of the constitution provides that
there shall be a high court for each state. However, the parliament may by law establish a
common High Court for two or more states and union territory. For example: there is a
common High Court for the states of Punjab, Haryana, and the union territory of
Chandigarh. Similarly, there is a common High Court for Assam, Nagaland, Arunachal
Pradesh, and Mizoram. At present there are 24 High Courts in India.
Unlike the supreme court the Constitution does not specify the powers and jurisdiction of
High Courts. It only specifies its powers to issue Writs to protect fundamental laws under
article 226. High Court have two types of Jurisdiction- first, original jurisdiction and
second, appellate jurisdiction. Original jurisdiction means the authority of the high court
to hear and decide cases for the first time. Appellate jurisdiction in relation to High Court
refers to the power of the High Court to review the decisions of Lower courts.
Original Jurisdiction:
• Cases related to fundamental rights: anyone can file writ petition in the High Court under
article 226 if his/her fundamental rights are violated. The High Court is empowered to issue
the Writs of habeas corpus, mandamus, prohibitions, quo warranto and certiorari, for
protection of the fundamental rights of the people of India.
• It may be noted that Powers of the High Court to issue writs under article 226 are wider
than that of the Supreme Court. It is not confined to fundamental rights, but extends to all
cases where the breach of a right is involved.
• High courts have also original jurisdiction regarding some election disputes, matters such
as divorce, will, and contempt of court, etc
Appellate Jurisdiction:
• it is the highest court of appeal in that state
• In civil cases: an appeal can be made to the High Court against a district court’s decision.
• An appeal can also be made from the subordinate court directly if the dispute involves a
value higher than Rs. 5000/- or on a question of fact or law.
• In criminal cases: it extends to cases decided by Sessions courts ( criminal courts, usually
at District Headquarters)
o If the sessions judge has awarded imprisonment for 7 years or more.
o If the sessions judge has awarded capital punishment.
Power of Judicial Review:
• The High Court can strike down any law passed by the state legislature or any executive
under the state government if those laws violate any provision of the constitution.
Administrative powers:
• The High Court it is also administrative head of the district, sessions, and subordinate
courts in the state. It makes the rules and regulation for the subordinate courts. It can
transfer cases from one court to another court and can even transfer the case from lower
court to itself. High courts play an important role in appointment of Judges and their
transfers in subordinate courts under its jurisdiction.
High court as a court of record:
• Like the supreme court, high court are also court of Record. Its decisions are recorded, and
the subordinate Courts except those decisions as judicial precedents.
Power of Certification
• A High Court alone can certify the cases fit for appeal before the Supreme Court. Only
those cases which involves substantial question of laws, other than the criminal cases, are
allowed to be referred or appealed to the SC. Article 132, 133, 134 prescribes the eligibility
of cases to be certified by the HC.
In sum, we can say that High court are the highest court in the state. Under the integrated
Judicial system in India, it also acts as administrative head of all the subordinate courts under
its territorial jurisdiction. HC has both original and Appellate Jurisdiction, though they are not
clearly specified in the Constitution. However, in respect of protection of rights, HC has
original jurisdiction which are even more extensive than those of the SC. It is because, HC can
issue writs for fundamental as well as for protection of any Constitutional rights, whereas the
SC under article 32 can issue writs only for protection of Fundamental rights.
THEME 6: FEDERALISM
6.A: Key Points:

• Meaning of Federalism:
• Political system within a nation-State in which there are at least two layers of
government, both drawing power & autonomy from a written constitution that is
subject to specific amendment procedures and judicial review.
• Indian Constitution provides for a federal structure with very strong centre.
Constitutional define India as union of state. Hence, India is considered as quasi-federal
(quasi-half/semi).
• Interestingly, our national movement leaders demanded provincial autonomy (more

powers to state/provinces). But they gave much less powers to states while framing
Constitution.
Asymmetric Nature (more powers to centre vis-à-vis States) of Indian Federalism:
• More items on central lists; items have increased on central list- 7th Schedule
• Only Parliament not state legislature have these powers:
• Amending power - Art 368
• Can legislate on state subjects – Art. 249, 250,252, 253
• Can change name, boarder, and area of state –Art 3
• Overriding power on concurrent list- Art 246
• Residual (undefined) powers –Art 248
• Emergency provisions- Art 352, 356, 360
• During emergency, centre govern states; India becomes unitary state.
• Single constitution, Integrated Judiciary, Election commission, and Audit Machinery
• Governor acting on behalf of central Govt and has been given many discretionary powers
over state legislature and executives.
• All India Service: central officers hold key posts in states.
• Appointment of HC Judges, Members of Public service commission, Governors in the

state, etc done by central Govt.
• More financial resources to centre
• After GST, even more financial powers to centre vis-à-vis States.
• More administrative powers to centre
• Power to direct state –Art 255, 257, 355, 365
• Absolute veto power to President on state legislation- Art 200, 201
• Extra constitutional institutions
• Planning commission/Niti Aayog, NDC, CBI, etc.
• Centrally sponsored schemes/programs/missions

IMPORTANT QUESTIONS
Q: Discuss the asymmetric elements in India’s federal design. How the centre
state relation evolved in post 1991 era? Discuss
Ans Template:
Introduction:
Federalism refer to forms of government in which vertical division of Power between a
central or federal govt and multiple federating units is enshrined in a written constitution.
Both the units of governance draw power directly from constitution and have autonomy
over their areas of jurisdiction. Normally defence, external affairs, and communication are
under federal govt whereas regional or provincial govt have jurisdiction over land, law &
order and other local matters. Most of large and culturally diverse nations have adopted
federal structure and hence it was natural for India to have a federal constitutional design.
In fact, demand for provincial autonomy was a very emotive issue during the independence
movement. During the British rule, Dyarchy (dual governance by centre and provinces)
was introduced in 1919 Constitutional reforms, called Montagu-Chelmsford Reforms.
Under the Dyarchy, subjects were divided between centre and provinces. This was
followed by govt of India act 1935. Under this act, provinces were provided many
independent powers and autonomy.
However, aftermath of partisan violence and strong desire for unity and integrity of the
newly independent nation, the constituent assembly opted for a strong centre federal
design despite opposition from many members. Key architects of Indian Constitution,
Ambedkarji and Nehruji were in favour of strong centre. Both had somewhat different logic
for strong centre but their views became important in finally having very strong centre and
asymmetric federalism in the Constitution. Also, a complex process of integration of
princely states in which many states were granted certain concessions introduced further
asymmetries in our federal design.
Mainly 4 types of asymmetries can be visualized in Indian federal design. These are 1.
strong centre vis-a- vis states, 2. special rights to many states to protect local culture/
traditions, 3. Union territories, and 4. special status to J&K. However, in this answer, I
shall focus on asymmetry in power division between centre and state.
Asymmetric federal design was further enhanced by governance practices during first 25
years after independence. Single party dominance in both centre and states, extremely
popular mass leader as the PM, excessive focus on national integration, planned
development programme to build basic infrastructure, laying foundation of a socialist

welfare state, etc. led to country governed as virtual unitary state.
However, since 1989 the coalition era witnessed rising importance of regional parties
and with that rising assertiveness of state govts. Such instances of greater federalism were
supported by judicial pronouncements especially judicial review of use of article 356, and
reports of enquiry commission on federal working such as Sarkaria commission. Of late,
pendulum has swung towards regional parties to such an extent that survival of federal govt
sometimes depended on support of the former. Weather this manifests greater federalism
or rising regionalism is debatable.
Having given the brief of the asymmetric or skewed nature of Indian federalism, in the next part
of the answer, I will explain in brief these features and also discuss changing nature of Indian
federalism during the coalition era.
Asymmetric nature of Indian federalism:

Following constitutional provisions and extra constitutional institutions and political practices
denote a very strong centre:
• Single Constitution:
• Unlike USA, India has only one Constitution. States don not have their own
Constitutional. Only J&K had as state.
• In the Constitution, India has been called union of states ( Article 1). Ambedkar ji called
India as indestructible (which cannot be broken into parts) union of destructible (which can
be destroyed or broken) sates.
• Thus, by Constitutional definition, India is not a true federation.
• It is not ‘Coming-together federation’, in which pre-existing states form federation,
for example :USA and Canada
• Rather it is ‘Holding-together federation’, in which states are carved out within a
single nation-state.
• More items on union lists
• 3 lists of items on which centre, state, and both have jurisdiction (seventh schedule
and Article 246)
• Union list 100 (increased from 97 in original Constitution), concurrent list 52
(increased from 47), state list 61(down from 66)
• Thus, not only there are more items on central list, they are also increasing.
• Parliament much more powerful than state legislature

• Amending power- Art 368
• Only central parliament has amending power.
• Can legislate on state subjects – Art. 249, 250,252, 253
• Central Parliament, by following special methods, can also legislate on state
list.
• Can change name, boarder, and area of state –Art 3
• Overriding power on concurrent list- Art 246
• If on any items in concurrent list, both centre and state made laws, centre’s
law will get precedence over the state’s law.
• Residual power –Art 248
• Any item/issue not specifically listed in 3 lists in the 7th schedule (residual
or remaining items), centre has the power to make laws on those items.
• Emergency provisions- Art 352, 356, 360
• Only centre has the power to declare emergencies.
• Centre can dismiss the state govt. by declaring emergency in the state ( article 356).
• During national emergency governance in Indian becomes unitary. In case of state
emergency, centre rule the state through Governor.
• Heavy use of article 356 to dismiss state govts. by the successive central govt.
• Integrated Judiciary, Election commission, and Audit Machinery
• Unlike in many other federations, India has integrated Judiciary, election, and audit
machineries.
• Supreme court administratively control the state High Courts.
• Centre appoints HC judges.
• Role of Governor
• In the Constitution, Governors are given many discretionary powers, such as
withholding bills passed by state legislatures for review by president. They can also
report breakdown of Constitutional machineries in the state. This may become
grounds for imposition of state emergencies.
• Governors hold office during the pleasure of President. Thus, central Govt. can
anytime remove a Governor. Hence, through Governor, the centre holds many
powers over the state Govt.
• All India Service
• IAS, IPS, Indian Forest Services are called All India Service (AIS). They are
officers of central govt. but work in the state. It can recall any of the key state Govt
officer, of the AIS cadre, for central deputation.
• Through AIS system, centre holds the key of state administration in its hand.
• Appointment of HC Judges, Members of state Public service commission, Governor, etc
are done by centre
• More financial resources and administrative powers to centre
• States are always dependent on tax shares, grants, and loans from central Govt.
• After GST, state’s dependence on central finances has increased.
• Power of centre to direct state –Art 255, 257, 355, 365
• Central Govt. may issue directions to State Govt. On non-compliance of these
directions, state emergencies can be imposed.
• Absolute veto power to President on state legislation- Art 200, 201
• Governors may refer to president bills passed by state legislature. This gives a
kind of veto power to central Govt to stall the enactments of laws by the states.
• Extra constitutional institutions under control of central Govt
• Planning commission/Niti Aayog, NDC, CBI, ED, NCB, and other central
investigating agencies
• Centrally sponsored schemes: these are the developmental
projects/schemes/mission which are sponsored by the centre, implemented in states
by the shared funding by centre and states.
Changing nature of Indian federalism:

In the coalition era, beginning 1989, fragile majority of ruling coalitions at centre
made them dependent on regional parties for survival. Electoral fortunes of regional
parties rose during this period. Many states have very popular and strong chief
ministers as head of regional parties. Many a times, regional parties saved the
central govt. from falling. In the coalition Govt, regional party heads used to decide
federal minister from their quota. They even had sometime say in the choice of
prime-minister. These are the examples of how much the pendulum swung away
from strong centre.
Following are other indicators of increasing incidences of assertiveness of
states:
• Lesser use of Article 356
• Lesser use of veto on state legislators by President
• Abolition of centralised planning; planning commission was replaced by
Niti Aayog.
• More say of states in signing of international treaties with countries
having common border with the states.
• States allowed to seek FDI directly, make their own industrial and
economic policies.
• End of centralised industrial licensing.
• State specific welfare schemes: Now a days, many states have their own
welfare schemes, different from the central schemes. Many state refuse
extensions of central welfare schemes in their states.
• State refusing access to central agencies: many states have denied general
access to CBI in their states. States are generally susceptive of the central
agencies working in the states.
Conclusion:
Nationalist leaders demanded provincial autonomy during British rule, but gave a very
strong centre in the constitution. Legislative, administrative, and financial powers are
heavily tilted towards the centre. Specific contexts in which Indian union assimilated
different princely states gave asymmetries among states vis a vis their special rights and
relation with centre.
Till 1980s, because of single party dominance in both centre and majority of states, also
due to aspiration for strong nation, Indian state functioned as virtual unitary state. But post
1989, saw the coalition era and rising importance of regional parties in central politics.
This led to states led by regional parties asserting their authority more to make Indian polity
looking more like federal in character. Since then, greater political federalism is evident.
Even after establishment of a strong central Govt. in 2014, majority of states are ruled by
regional parties. This created confrontation and competition between the central and state
govts. But on the other hand, it continued to increase the federal character of governance
structure of Indian Polity.
Greater federalist nature of Indian polity post 1991 may be lauded by many on the ground
that it fulfils federal spirit of constitution. Many also feel that federalism is well suited to
diverse nature of Indian society. But weather it is greater federalism or regionalism or
fragmentation of Indian polity, is debatable.
THEME 7: PANCHAYATI RAJ AND

MUNICIPALITIES
6.A: Key Points:

Panchayati Raj Institutions (PRI)
• PRIs were given Constitutional status through 73rd amendments.
• Main features of the PRIs under 73rd amendments:
• Contained in Part IX , Article 243 A to 243 O of the Constitution
• 3-tier Panchayati Raj Institutions (PRI)
• Gram Panchayat (GP), Panchayat Samiti, Zila Parishad
• Gram Sabha at GP level- all voters members- vision of direct democracy at

grassroot level.
• 29 subjects, listed in Schedule 11, were to be transferred from the state govt. to PRI
• 3 main roles: planning for development Social Justice, implementation of

schemes, provision of public services, creation & maintenance of public
goods
• Mandatory election at every 5 years by State Election Commission
• Direct Election at GP level, direct for MPTC (wards of Samiti/Mandal) and

ZPTC (ward of Zila Parishad) members and indirect for chairperson/dy.
Chairperson of Samiti, and Zila Parishad
• In case of dissolution before 5 year, election within 6 months
• Power to Panchayats to levy taxes, duties, tolls and fees, get tax proceeds levied &
collected by states, grant in aid from the state
• State Finance commission - fund distribution between state & Panchayats and
among Panchayats, taxation power, measures to improve the financial position of
Panchayats
• Reservation for SC/ST in proportion to their population & 33% ( 1/3rd) for Women
• Out of seats reserved for SC/ST, 1/3rd reserved for SC/ST women
• District Planning Committees: consolidate the plans prepared by the Panchayats

and the Municipalities and to prepare development plan for the district as a whole
Municipalities:
• Also called Urban Local Bodies, were given Constitutional status through 74th
amendments.
• 74th amendments are like mirror image to 73rd amendments; very similar features.
Main features of the PRIs under 74th amendments:
• Contained in Part IX A , Article 243 P to 243 ZG of the Constitution
• 3 types of Urban Local Bodies (ULBs)
• Nagar Panchayat: transitional areas from rural to urban; population up to 25000
• Municipality: for a smaller urban area; Population 1 to 10 Lakh
• Municipal Corporation: for a larger urban area : Population more than 10 lakhs
• 18 subjects, listed in Schedule 12, were to be transferred by the state govt. to Urban local
bodies (ULBs)
• 3 main roles: planning for development Social Justice, implementation of schemes,

provision of public services, creation & maintenance of public goods
• Direct Election for Municipal ‘ward’ representative
• In case of dissolution before 5-year, election within 6 months
• Power to ULBs to levy taxes, duties, tolls and fees; grant in aid from the state
• State Finance commission -fund distribution between state & ULBs and among ULBs,
taxation power, measures to improve the financial position of ULBs
• Reservation for SC/ST in proportion to their population & -1/3rd seat reserved Women: for
both representation and offices
• Metropolitan Planning Committee: consolidate the plans prepared by the Panchayats and
the Municipalities and to prepare development plan for the metropolitan area as a whole

IMPORTANT QUESTIONS
Q.1: Critically evaluate the implementation of Panchayati Raj system in India

as per the 73rd amendments of the constitution.
Answer Template
Introduction:
In India, Gram Panchayat is as old a concept as Indian civilisation. Panchayats- Sabha &
Samiti are mentioned in ‘Rig Veda’, ‘Atharva Veda’ ‘Chhandogya Upanashid’, Buddhist
texts, Mahabharat, ‘Kaytilya’s Arthsashtra’, Mauryan and Chola Inscriptions, etc. All
through our history villages have been the basic unit of administration & community life;
they were like small republic. Many of our national movement leaders, especially Gandhji
and Tagore, had the vision India as community of communities at whose bottom were self-
reliant village communities.
But the chief architects of our Constitution, Ambedkar and Nehru ji, preferred centralized
modern administration. Hence, the Constitution gave us two tier federal structure with
strong center and weak states. Gandhian thought of Gram Swaraj- Self-sufficient, self-
Governed villages as building block of independent India- was pushed into the section of
directive principle (Article 40), which was not mandatory to implement. Article 40 states
that the state shall take steps to organize village panchayats and endow them with such
powers and authority as may be necessary to enable them to function as units of self-
government.
Despite this, successive central Govt. tried to realize the vision of Panchayati Raj System.
Community Development Programme (CDP) of Nehru Govt in 1952 was a step toward
rural development and decentralized administration. From CDP emerged the very popular
office of Block Development Officer (BDO). Next effort was report of Balwant Rai Mehta
Committee in 1957. The committee recommended 3 tier Panchayati Raj System- Gram
Panchayat (GP), Panchayat Samiti, Zila Parishad. In 1977, during the Janata Party Govt,
Ashok Mehta Committee gave its report. It recommended 2 tier Panchayati Raj System:
Mandal Panchayat (Block level) & Zila Parishad.
Despite reports and recommendations of multiple Committee, the Panchayati Raj System
couldn’t be implemented for lack of constitutional validity. Rajeev Gandhi Govt. in 1989
tried to bring 64th constitutional amendment to give constitutional sanctity to Panchayati
Raj System. But this amendment failed to get required majority in Rajya Sabha. Main
roadblock was apprehension of the states that Panchayati Raj System would further dilute
their powers. In the meantime, the states of West Bengal, Karnataka, Andhra Pradesh
implemented Panchayati Raj System without waiting for central act.
Finally, the Narsimha Rao Govt was successful in getting the 73rd and 74th amendments
done in 1992. These amendments gave Constitutional status to the Panchayati Raj System.
Having stated the brief background, and evolution of Panchayati Raj System in India, in the next
section of the answer, I will try to explain in brief the salient provisions and features of Panchayati
Raj System as per the 73rd Constitutional amendments. I will also try to critically evaluate the
actual implementation and functioning of the Panchayati Raj System.
Salient Features of Panchayati Raj System as per the 73rd Amendments:
• Contained in Part IX of the Constitution- Articles 243 A to 243 O
• 3-tier Panchayati Raj Institutions (PRI)
• Gram Panchayat ( GP) at village level
• GP may include more than one village
• Gram Sabha: All voters of Gram Panchayat; act like general council of the
GP.
• GP divided into wards; ward member or ‘Panch’, Sarpanch as head of
‘Panch’ and Panchayat Secretary- Govt official reporting to BDO
• Sarpanch : directly elected
• Panchayat Samiti at Block level
• Cluster of GPs comes under it.
• Panchayat Samiti area is divided into MPTC - Mandal Parishad territorial
constituencies, each one represented by MPTC members ( directly elected),
who along with Sarpanchs of GPs, MLA/MLC,MP of the areas under
Panchayat samiti select chairman and dy. Chairman of the Panchayat Samiti
• BDO is Chief Executive Officer of the Panchayat Samiti
• Zila Parishad
• Zila Parishad area is divided into ZPTC - Zila Parishad territorial
constituencies, each one represented by ZPTC members- directly elected
• ZPTC members, Presidents of Panchayat Samiti, MLA/MLC, MP, falling
in the areas of Zila Parishad, and Nominated members select chairman and
dy. Chairman of the Zila Parishad.
• Normally, DC is the CEO of the Zila Parishad. Secretary of the Parishad is
also a Govt. official.
• 29 subjects, listed in Schedule 11, were to be transferred by the state Govt to PRI
• 3 main roles: 1. planning for development Social Justice, 2. implementation of

schemes, provision of public services, 3. creation & maintenance of public goods
• Direct Election of ward, MPTC, ZPTC members, and Sarpanch,
• Indirect election for Panchayat Samiti, and Zila Parishad chairman/dy. Chairman.
• Power to Panchayats to levy taxes, duties, tolls and fees, get tax proceeds levied & collected
by states, grant in aid from the state.
• State Finance commission – to recommend fund distribution between state & Panchayats
and among Panchayats, taxation power, measures to improve the financial position of
Panchayats
• Reservation for SC/ST in proportion to their population & 1/3rd seats reserved for Women
• District Planning Committees: consolidate the plans prepared by the Panchayats and the
Municipalities and to prepare development plan for the district as a whole.
• Not applicable to Scheduled, the tribal, and Hill areas referred to in Schedule 5 & 6
Critical Evaluation of PRI Implementation:

• Top-Down Approach; was imposed from the top by the central Govt against the sulking
State Govt.
• Its success was dependent on state’s discretion
• How many subjects, out of the 29 subjects, listed in Schedule 11, actually States
transfer to PRI?
• How much funds state Govt gives to PRI as per the recommendations of State
Finance Commission?
• On both these counts, state Govt. was found lacking.
• Decentralization without de-centralizing spirit:
• Merely political decentralization without matching administrative & fiscal
decentralization
• Constitution left PRI on the intent & Mercy of State Govt.
• Devolution without Functions, Functionaries, and Funds
• Not all subjects under schedule 11 were transferred
• Nor had the expert professionals on its roll

• Not given adequate funds from the state Govt.
• Centralization even in the functioning of PRI – little regard to Gram Sabha
• The sarpanches, Chairman of Panchayat samiti, and Zila Parishad tried to
centralize all powers in their hands.
• Gram Sabha lost its significance.
• Bureaucratization in the working of PRI.
• Uneasy, messy, and overlapping functional relationship among different levels
of govt.
• Predominance of line departments of state govt implementing central and
state schemes in GPs without involvement of GP;
• GPs became mute spectators of implementations of central and state
schemes in the GP.
• Lack of Financial and Fiscal strength and autonomy
• Only 0.36 % of total revenues collection by GP
• GP spent only 3 % of total developmental expenditure!
• Lack of Institutional Capacity
• No expertise for complex rural planning, and project implementation.
• No fund to hire best talents.
• Traditional subordination of Panchayats to govt. officials (‘Mai-Baap’ culture)
• PRI office bearers- sarpanch, Panchayat Samiti and Zila Parishad
chairpersons feel inferior to Govt Officials- BDO, DDO, DC, etc.
• Politicisation, widening social cleavages- caste, class, weak oversight mechanism,
corruption, etc have been other weaknesses of PRI implementation.
Conclusion:
Panchayati Raj system has a long history in Indian social system. Its root goes back to
Vedic period. It was the village panchayats which kept the Indian society intact during the
long period of foreign rule. Despite this, the Indian Constitution virtually disregarded the
lowest tier of democracy at village level and recommended only 2-tier federal structure-
centre and state. It pushed the vision of Gandhian Gram Swaraj to the section of Directive
Principle of State Policy.
Despite this, successive central government tried to decentralize both the political and
socio-economic democracy up to the village level. This was required because of the ground
realities of Indian social system in which Gram Panchayat occupied a central position. The
journey to accord constitutional status to Panchayati Raj Institutions (PRI) faced many
hiccups but ultimately it was realised in the form of 73rd constitutional amendment in 1992.
Subsequently, the new 3-tier Panchayati Raj system as per the constitutional provisions
were are implemented since 1993.
But the manner in which it was implemented left many things desired. Panchayati Raj
Institutions were transferred few subjects and even sure funds in a half-hearted manner by
the state governments. PRI lacked institutional capacity and financial strength to plan and
implement projects and schemes at village level. They actually became merely a political
game to grab power at village level. This further widened the social cleavages at village
level. The central and state sponsored welfare schemes were continued to be implemented
in villages under the supervision of line ministries of state government. The GPs became
the mute spectators of these ongoing implementation of central/state schemes. In its
functioning, PRIs themselves suffered from centralisation and bureaucratisation.
PRI implementation has proved that any top-down approach without fundamental changes
at the Grass root level and full support of state government cannot bring desired outcomes.
The decentralization carried out through the 3-tier PRI is far away from realizing the vision
of Gandhian Gram Swaraj.
Q.2: Write a short note on Municipalities as per the provisions of 74th

Constitutional Amendment.
Along with 73rd amendments, 74th amendment in the constitution were also carried out in
1992, It gave constitutional status to Urban Local Bodies (ULBs) also called
municipalities. The provisions under 74th amendments were very similar to those under
73rd amendments. It provided for three types of urban local bodies. Nagar Panchayat-
transitional areas from rural to urban upto population of 25000; Municipality -for a smaller
urban area for Population upto 10 Lakh, and Municipal Corporation- for a larger urban
area of Population more than 10 lakhs.
18 subjects listed in schedule 12 were to be transferred to the ULBs by the state

government. There would be mandatory election at every 5 years by State Election
Commission. Each municipality is divided into ward, whose representatives are directly
elected by voter of those wards. The ULBs were given the power to levy taxes, duties, tolls,
and fees. They also receive grant in aid from the state. State finance commission
recommend the fund distribution between state and ULBs.
Following are some of the important features of the ULBs as envisaged under
74th amendment:
• Contained in Part IX A of the Constitution under Article 243 P to 243 ZG

• 3 types of Urban Local Bodies (ULBs)
• Nagar Panchayat: transitional areas from rural to urban ; population up to
25000
• Municipality: for a smaller urban area ; Population 1 to 10 Lakh
• Municipal Corporation: for a larger urban area : Population more than 10
lakhs
• 18 subjects, listed in Schedule 12, were to be transferred to Urban local bodies
(ULBs) by the state Govt.
• 3 main roles: planning for development Social Justice, implementation of
schemes, provision of public services, creation & maintenance of public goods
• Mandatory election at every 5 years by state Election Commission
• Direct Election for Municipal ‘ward’ representative,
• Mayors may be directly or indirectly elected.
• Power to ULBs to levy taxes, duties, tolls and fees; grant in aid from the state
• State Finance commission to recommend fund distribution between state & ULBs and
among ULBs, taxation power, measures to improve the financial position of ULBs
• Reservation for SC/ST in proportion to their population & 1/3 seats reserved for
Women: for both representation and offices
• Metropolitan Planning Committee: consolidate the plans prepared by the Panchayats
and the Municipalities and to prepare development plan for the metropolitan area as a
whole
• Not applicable to Scheduled and the tribal areas referred to in Schedule 5 & 6
However, the implementation of 74th amendment left many things to be desired. The ULBs,
except few, suffers from lack of funds. Their finances are heavily dependent upon grants and
aids from the state government, which seldom releases them in full. The central and state
sponsored welfare and developmental schemes are not integrated to the functioning of urban
local bodies. There are also gaps in the functioning of urban local bodies and three tier
Panchayati Raj system. We have to go a long way to realise the vision of self-reliant, truly
democratic, and vibrant urban local bodies in which citizen are the real participants in
governing and managing the affairs of the towns/city.
ANSWER TEMPLATES OF SOME REMAINING TOPICS:
Q.1: How coalition era beginning 1991 affected Indian polity, especially nature
of representation, party system, institution of president and prime minister and
federalism?
Answer Template:
Introduction:
Constituent assembly was indirectly elected by barely 12% of adult Indian male. It was
bourgeois in its character, its members representing landowning, foreign educated, political
elites. First general election based on universal adult franchise completely changed the
voter base but nature of representation took time to change. Beginning late 1980s rise of
identity politics, changing nature of party system, rise of backward caste politics, and
growing importance regional parties led to rapid changes in the representation to
parliament. More and more members of middle castes and middle-income group and sub-
altern groups, lesser educated but grassroot leaders, leaders with strong affiliation to local
socio-political issues, etc. represented people in parliament. This not only changed the
makeup of parliament but also changed language, issues, mode, and nature of debates and
parliamentary practices.
In sum, parliament started to represent diversity, plurality, complex social structure more
genuinely through its representation and practices.
This also gave way to coalition era wherein not any single party but coalition of several
parties could muster majority in Lok Sabha. Regional parties representing regional
identity-language, culture, or class/caste of people- were based in single state. Generally,
the chief minister of the state ruled by the regional party has also been the party boss. These
regional party bosses became the kingmakers- deciding the fate of central government and
even deciding who shall be the PM- in the coalition era.
In the next part of the answer, I will try to describe how changes in Indian politics in the coalition
era affected institution of president, prime minister and federalism:
President:
Coalition era provided many more occasions for presidents to act on his own discretion
(will/choice) and hence to be more assertive. Article 75 empowers president to appoint PM
without stating any guidelines for that. Conventionally, the person who seems to command
majority of the members of Lok Sabha is appointed as PM by the President. But in coalition
era where no party gets majority and post poll alliances changes overnight, president has
to act as per his wisdom and discretion in appointing PM. Coalition also dilutes authority
of PM to great extent. Proportionately the discretion of president to return advise of cabinet
increases. Political leadership starts looking up to president to do them a favour when
occasion so arrives, which are in plenty. Hence, president may become much more
politically active and assertive during the coalition era.
Prime Minister:
Main source of supreme authority of PM comes from his being the master of council of
minister on whose aid and advice president acts. Coalition govt. dilute PM’s control over
formation and management of council of minister (COM). Regional party chief and not the
PM are ones who decides ministers from their party quota. This dilutes the role of PM in
formation of council of minister. He/she no longer remain master of his cabinet. Ministers
from regional party quota feels more accountable to their party boss than to the PM eroding
further control of PM over COM.
Coalition politics also dent PM’s position as leader of Lok Sabha. His authority to
command obligation from majority of members of the house reduce considerably. In
parliament, members of regional party take position and express views in debates in the
interest of their parties and not guided by the views of PM. Consensus on choosing PM
among coalition partner further dilutes position of PM. Principle of common minimum
denominator may be applied to choose less assertive leader as PM of coalition govt. This
may take away charismatic source of authority from the institution of PM.
All this may hinder PM acting as statesman and leader of the nation. Finally, continued
existence of coalition government may reduce traditional source of authority to office of
PM. Thus, coalition politics diminishes all three sources of authority of PM, rational-legal,
traditional, and charismatic. Hence, in coalition govt. prime minister may act, most of
times, merely as one among equal.
Federalism:
Rising electoral fortunes of regional parties and increased dependence of central govt. on
regional parties for survival have made state govts much more assertive vis-a-vis central
govt. Naturally, central govt. cannot afford to ruffle the feathers of state govt. ruled by the
regional party on whose support central govt’s survival depends. This restricts influence of
central govt on state’s administration. Non-interference from centre allows state govt to
function truly as autonomous federating units of Indian Federation. Instances of Such
greater federalism in the coalition era are evident from Indicators such as Lesser use of
Article 356, lesser use of veto on state legislators by President, abolition of centralised
planning, more say of states in signing of international treaties, states allowed to seek FDI
directly, make industrial and economic policy, end of centralised industrial licensing, state
specific welfare schemes, etc.
Changing nature of representation:

Coalition era coincided with rising instance of backward caste politics. With the
implementation of Mandal commission report on reservation of OBC, and shifting
allegiance of middle casts, generally OBC, from mainstream political parties to regional
parties changed both party system and nature of representation of Indian parliament. More
and more MPs from middle castes and income group, sub-altern classes, from grassroot
political background, and product of regional and identity politics changed the makeup,
form, and features of parliament.
Language of dialogue and debate in parliament shifted from English or Hindi to
regionalised Hindi/English, the issues debated reflected regional priorities, form and
structure of debate also changed. From nuanced, formalised legalistic and philosophical
content to vociferous, high pitched, emotive and common language debate becoming new
norm. Many may rue lowering level of discourses in parliamentary debate. But perhaps
parliament today reflect more truly the people it represents.
Conclusion:
In sum, coalition era changes the entire spectrum of Democratic polity. PM loses much of
his/her authority, PMO becomes much less powerful, president get more chance to become
assertive, state govt. functions more independently from central Govt. Changes in the
nature of representation has been one of the factors as well as feature of the coalition era.
Today, our parliament show more faithfully the people it represents. Changing nature of
representation has brought fundamental changes in Indian Polity. In some way, both the
changes in representation and coalition era denote deepening of Democracy in India.
Q.2: Write short note on Emergency provisions in Indian Constitution.
Answer Template:
To deal with extraordinary situation requiring swift and centralised actions, our
constitution provides for 3 kinds of emergencies. These are national emergency, financial
emergency, and State emergency. During emergencies power of federal/central govt.

increases to such an extent that Indian state acts like virtual unitary state. All the powers of
provincial/state Govt. remain suspended. During emergency, Central Govt governs both
central as well as state govt. Emergency provisions are ways to provide federal/central
govt, which is considered a weak govt in federalism, extraordinary powers to deal with
extraordinary situations.
Grounds for proclamation of emergencies:

National emergency:
• As per article 352, National emergency can be imposed on grounds of war, external
aggression, or armed rebellion. Not only actual happenings of these situations but
also imminent danger of such happenings are sufficient grounds for national
emergency provided cabinet in writing advises so to president.
• It may be noted that after the experience of first national emergency by Indira
Gandhi Govt in 1975, the Janata Party Govt., through Constitutional amendments,
made the conditions for imposing national emergency tougher. One of the original
conditions of ‘internal disturbance’, was replaced by ‘armed rebellion’. Also, now
cabinet would have to give in writing its advise to the president for imposing
emergency.
Financial emergency:
• Under article 360, financial emergency may be proclaimed by president on the

ground of threat to financial stability or if the credit of India is threatened.
• Till date, Financial emergency has not been declared in India.
State Emergency:
• Under article 356, president may proclaim emergency in states provides for
imposition of President’s rule in states, provided the President is satisfied that the
governance in states cannot be carried out in accordance to the constitution. In
other words, it is supposed to be used rarely when no party/alliance is able to form
a government or a government has lost majority in the house or if there is a
widespread breakdown of law and order and Constitutional machinery in the state.
• Such emergency may also be imposed on failure of state govt to comply with the
directions of central govt as per article 365.
• This is perhaps one of most abused Constitutional provision. Successive central

govts. have imposed state emergencies to dissolve the state govt. Till date state
emergency by using article 356 have been declared for more than 100 times!
• Though, since 1991, use of article 356 has reduced a lot. This was mainly because
of the judgment of Supreme Court of India in March 1994 in S. R. Bommai case,
which made the imposition of President’s rule much tougher. But it is still being
used quite frequently.
Ratification( post-facto approval) by Parliament:
• National emergency must be ratified within one month from date of declaration of
the emergency.
• State emergency are valid for 2 months but in case Lok Sabha is dissolved during
the 2 months period, it should be ratified by parliament within one month after first
meeting of reconstituted Lok Sabha.
• Ratification provision for financial emergency is similar to state emergency.
• All these emergencies can be extended by 6 months period by passing resolution
by both houses of parliament.
• State Emergency can be extended for a period of three years with the approval from
parliament after every six months.
In sum, it can be said that emergency provisions of Indian Constitution have mostly been misused.
These provisions were given to the central government to tackle the extra-ordinary situation of
external and internal threats to the nation. Both national and state emergencies, especially the letter
one, were used for political purposes. The national emergency by Indira Gandhi government in
1975 is considered as a dark phase of Indian democracy. Gross misuse of state emergencies by
successive Central governments are considered as weakness in the Indian polity. It also weakened
the federal governance structure as enshrined in Indian Constitution
Q.3: Write a note on debate on Citizenship
Answer Template:
In the context of modern nation-state, citizenship is both very important and controversial
issue. In any nation-state people living there are divided into two categories: citizens and
non-citizens. A citizen of a state enjoys all civil and political rights. A non-citizen, on the
other hand, have only very limited rights, such as, Right to life, liberty, equality before law,
etc.
Citizens are the members of the political community. Nation-state is the political institution
formed by the political community. Hence, as the full members of the political community,
citizens enjoy all civil and political rights.
Under the Indian constitution, certain fundamental rights are available only to the citizens,
these are: Right against discrimination on the grounds of religion, race, caste, sex or place
of birth (Article 15); right to equality of opportunity in matter of public employment
(Article 16); freedom of speech and expression, assembly, association, movement,
residence and profession (Article 19); cultural and educational rights (Article 29 and 30);
and right to vote and become members of the union and state legislatures.
All important political offices, such as, president, vice-president Judges of the Supreme
Court and high court, etc., can only be occupied by Indian citizens.
Constitutional provisions relating to citizenship in India:

Articles 5 to 8 describes 4 ways in which one acquired citizenship of India at the time of adoption
of the Constitution; these were:
Citizenship by domicile (Article 5): A person who was born in India or either of the
person’s parents was born in India or the person must have been an ordinarily resident in
the territory of India for not less than five years immediately before the commencement of
the constitution.
Citizenship of migrants to India from Pakistan (Article 6) : Persons who have migrated
from Pakistan to India have been classified into two categories: i) those who came to India
before July 19, 1948, and ii) those who came on or after July 19, 1948. For latter category,
requirement of registration on meeting certain grounds.
Citizenship of migrants of Pakistan (Article 7): If anyone returns back to India, he/she
can get citizenship on meeting certain grounds.
Citizenship of persons of Indian origin residing outside India (Article 8): Non-
resident Indians shall be registered as citizen of India by following certain procedure.
Article 11 of the constitution confers power on the parliament to make laws regarding
citizenship. The Indian Citizenship Act, 1955 was enacted in exercise of this provision.
The Act provides for acquisition of Indian citizenship in the following ways:
1. Citizenship by birth: Anyone born in India on or after January 1, 1950, would be
considered a citizen by birth. Certain additional conditions added in amendments in the
Act in 2003.
2. Citizenship by descent: A person born outside India shall be deemed to be a citizen

of India if either of the person’s parents was a citizen of India at the time of his/her birth.
3. Citizenship by registration: A person may be registered as a citizen of India, if the

person is married to a citizen of India or has been a resident of India for five years
immediately before making an application for registration.
4. Citizenship by naturalisation: A person is granted a certificate of naturalisation if

the person is not an illegal migrant and has resided in India for 12 months before making
an application to seek the certificate. Of the 14 years preceding this 12-months duration,
the person must have stayed in India for 11 years.
5. Citizenship by incorporation of territory: If any new territory becomes a part of

India, the government of India shall specify the persons of the territory to be citizens of
India.
Citizenship (Amendment) Act, 2019
• Recent amendments in the citizenship Acts, 1955 became very controversial.

People, especially from Muslim Community, protested against the amendments.
This also started a fresh debate on citizenship.
• The newly amended law, called Citizenship Amendment Act (CAA), provides
for granting of Indian citizenship to Hindus, Sikhs, Jains, Buddhists, Parsis and
Christians from Pakistan, Bangladesh and Afghanistan who came to India on or
before December 31, 2014.
• Main objection to this amendment was that it excluded Muslims from getting
benefit of this law. For critics, this was unconstitutional and unethical to
discriminate on grounds of religion in offering citizenship of India.
• Some Legal experts opined that the new citizenship law violates the fundamental
right under Article 14 of the Indian constitution that guarantees equal protection
of laws, even to the foreigners, in the territory of India.
In sum, citizenship in India and elsewhere has been a very emotive issue. It is linked to
full membership of a political community, who enjoys all civil and political rights.
Hence, getting or losing citizenship becomes a very sensitive issues for people residing
in the territory of any modern nation-state.
In Indian Constitution only the description of persons who at the time of implementation
of constitution would be eligible to become Indian citizen are specified. The constitution
left the government to frame specific law on citizenship. Subsequently, Indian
citizenship act 1955 came into force which prescribed in detail the eligibility to acquire
Indian citizenship. There are four ways in which anyone can become Indian citizen;
these are -citizenship by birth, by descent, by registration, naturalisation and citizenship

by incorporation of a territory.
Recent changes in the citizenship act created controversies and initiated fresh debate on
citizenship. It also highlighted the sensitiveness of the citizenship issue. In the present
global political system in which the humanity is divided into territorial nation -states,
people are very sensitive to getting citizenship of a nation-state, as it guarantees them
certain rights not available to non-citizens.
SECTION 2
SAMPLE
PAPERS
3 SETS
SAMPLE PAPERS WITH HINTS FOR THE

ANSWERS
SAMPLE PAPER SET 1
Q.1: Explain the philosophy of the Indian Constitution. How does the preamble reflect
those Philosophies?
(Hint: Straightforward question. Refer to answer at page 7)
Q.2: Do you agree that Directive principles of state policy complements the fundamental
rights? Give Reasons.
(Hint: You should say yes and explain how DPSP gives meaning and substance to FR. refer to
answer at page 13)
Q.3: Critically evaluate the role and functions of Indian Parliament. Do you think that in
comparison to Executives and Judiciary its powers and functions have reduced in recent
times? Give reasons and cite examples in support of your Answer.
(Hint: In recent times Indian parliament has faced twin challenges of Judicial activism and
Executive indifference. In parliamentary form of Govt, PM is also the leader of the parliament,
especially the Lok Sabha. Cabinet ministers are also very senior and influential members of
Parliament, Because of this, the parliament is not able to match the powers and Aura of the
Executives. Of late, the executives have shown indifference and lesser regards for Parliamentary
procedures and traditions. Once the bills are approved by union cabinet, its passage in
parliament becomes mere formality. All this has diluted the powers and functioning of
Parliament. Refer to the answer at page 28)
Q.4. The Indian prime minister was never ‘first among equals’; In the light of the
statement discuss powers and functions of Indian prime minister.
Q.5 : “What is judicial review? How has it impacted upon the relation between parliament
and supreme court.
(Hint: The issue of powers of the SC to struck down any act passed by parliament on grounds of
its Constitutional validity (called judicial review) has been the cause of a long fascinating
struggle between SC on one side and Govt and Parliament on the other side. Refer to the answer
at Page 50 )
Q.6: Discuss the asymmetric elements in India’s federal design. How has it changed during
the coalition era?
SAMPLE PAPER SET 2
Q.1: Elucidate and discuss the features of Indian Constitution. To what extent does
preamble reflect these features.
(Hint: Features of Indian Constitution comes from its philosophy. In fact, both can be considered
same for writing answers. For example, philosophy of having strong centre gave the feature of
asymmetric federalism. Refer to answer at page 7 ; You may add few more features such as
Very detailed and written Constitution, Parliamentary form of Government, Independence of
Judiciary, Division and balance of power, Flexibility ( ability to change with changing times).
Q.2: “It is the Directive principles of state policy which provides meaning and substance to
Fundamental rights”. In light of the statement analyse the importance of Directive
principles of state policy.
(Hint: On closer scrutiny DPSP seems to be even more important that FR. DPSP contains in it
vision of social transformation. It also provide meaning and substance to the civil & political
rights granted through FR. It makes our democracy substantive. Refer to the answer at page 18)
Q.3: What are the methods by which the Parliament hold the executives accountable. How
far, in your views, Parliament has been able to do so? Give reasons.
( Hint: for 1st part, refer to answer at page 29; for 2nd part, refer to the answer at page 28, in
which dilution in power of parliament vis- a-vis executives are also discussed.)
Q.4: Despite all executive powers vested in President, on very rare occasion the president can
act on his own choice. In light of the statement critically examine the powers and functions of
the President of India.
Q.5: In parliamentary form of Govt, it is the Judiciary, and not Legislature which
effectively checks the powers of the executives. In light of the statement discuss the power
and functions of Supreme court of India.
( Hint : in parliamentary form of Govt, PM also happens to the tallest leader, member, and
leader of the house/parliament. PM is the supreme leader of the party having majority in Lok
Sabha. Cabinet ministers are also very senior and influential members of Parliament. Hence,
parliament is not able to check powers of the executives so effectively. Only Judiciary, which is
separate and independent from executive is able to somewhat check the powers of the executives.
Refer to answer at page 50)
Q.6: “India is a quasi-federal state”. Evaluate the statement giving reasons and citing
examples.
(Hint: It is paraphrased question. You need to highlight the asymmetric elements in India’s
federal design. Refer to answer at page 62)
SAMPLE PAPER SET 3
Q.1: Why Should we understand the Philosophy of our Constitution? Discuss some of the
Philosophy and resultant features of our Constitution.
(Hint: Here the question itself gives the hint that features and philosophy are virtually same.
Refer to answer at page 7)
Q.2: Discuss fundamental rights with special reference to right to equality and Liberty.
Also highlight its relation with Directive principles of state policy.
(Hint: Mixes two questions. Refer to answers at page 13 and 20)
Q.3: What is the importance of representation in Democracy? Examine how has the
changing nature of representation in Indian Democracy affected the functioning of the
Indian Parliament.
( Hint: We are following representative Democracy, in which not the people themselves but their
elected representative govern them. Hence, representation is the most important aspect of
present form of Democracy. Because of the change in demographic features, socio-economic
mobility, changing nature of Indian polity, form and features of both the voters and people’s
representatives have changed in last 30 years. Changing nature of representation has affected
the composition and functioning of Indian parliament. Refer to answer at page 28)
Q.4: Prime Minister in Parliamentary form of Govt may have greater powers than the
president in presidential form of Govt. In light of the statement critically examine the role of
the Prime Minister in the parliamentary system.
( Hint: In presidential form of Govt, the legislature are completely separated from the executives.
Hence, they are able to check the powers of the president (executive) effectively. But in
parliamentary form of Govt, PM also happens to the tallest leader, member, and leader of the
house/parliament. PM is the supreme leader of the party having majority in Lok Sabha, hence
once he/she decides that a bill is to be passed in parliament, passage of the bill becomes a mere
formality. Cabinet ministers are also very senior and influential members of Parliament. Hence,
parliament is not able to check powers of the executives effectively. PM , therefore, becomes very
powerful in parliamentary form of govt, especially if PM’s party get absolute majority in Lok
Sabha. Refer to the answer at page 41 In which this aspect is also discussed.)
Q.5: Discuss the system of appointment of higher Judiciary, that is, High courts and
Supreme courts. Critically examine the Collegium system of Judges Appointment.
( Hint: Refer the answer at page 55)
Q.6: Critically evaluate the functioning of Panchayati raj institutions after the 73rd
Constitutional amendments.
(Hint: Straightforward question. Refer to answer at page 70.)
SECTION 3
ANSWER WRITING TIPS

FOR ESSAY TYPE
QUESTIONS
Scoring Answer Writing Tips
How to Write Best Answers in University Exam?

BA Hons Pol Sc Exam Help
• Yes, one may score better marks by writing strategically. Essay type
answers require different skills than MCQs.
• Structure (Template), organization, flow, and style matter in essay types of

answers. Here are my Tips:
First Tips : Analyse Past Year’s papers
Select the topics asked

Topic wise analysis of
repeatedly- select
3-4 year’s question
topics to cover at least
papers shall reveal the
70%- 5-6 questions for
question pattern
sure
• This I have done for you. I have analysed past four year’s paper of DU on Indian Political
Thought. Provided standard answer template on all of those questions.
• In fact, the questions cover the entire syllabus. Thus, only by reading the answers in this
guide carefully and repeatedly, yes at least 7-8 times, you will be covering the entire
syllabus.
• When exam is very near, you may leave some of themes/topics by an intelligent guess.
2nd Tips: Make Intelligent Guess !
Yes, by carefully
analysing past papers Do it with
you can guess confidence!
expected questions.
• Yes, you should do it. Examiners set paper by going through past 3-4 year’s paper.
• They have to meet 2 conditions; 1st the question should be within the syllabus and 2nd
they should be on similar pattern and difficulty level as asked in earlier years. Hence, the
paper setter normally set questions very similar to one asked earlier.
• They also alternate the theme/topic. Thus, if a topic is asked in 2017, they repeat that in
2019, and like that.
• Therefore, you can guess! Yes…
3rd Tip: use the question as answer clue!
Answers are
Attentively read Provide standard
expansion of ideas,
question at least 3 Answers to twisted
issues stated in the
times, yes 3 times! questions
questions
• Answers are hidden in the Questions!
• While framing the question, the examiner is thinking about the answer. Hence, by
carefully and on multiple reading you can visualize the answer hidden in the question.
• And, yes, also read the Hindi translation of the question. Sometime, you may not know
exact meaning of the key word in the question. Hindi translation may give the meaning.
Also, many a times, wording of Hindi question disclose more about the hidden answer.
This is due to translation issue. Take advantage of questions in two languages.
4th Tips: cleverly organise your answers
Write 1st answer on your best Choose 2nd best topic as last
prepared topic question
Because examiners pay more

Least prepared topics as 2nd attention to your first
and 3rd answers; Why? question, then the last, and
least to middle answers…yes!
• Yes, examiners actually browse through your answer, they don’t read word by word.
• Also, they assess your standard by your 1st answer. 2nd and 3rd answer may not change
your assessment. They assign you marks in range in accordance with the bracketing they
do in the 1st answer.
• Hence, write your best prepared topic as 1st answer. 2nd best as last, why? Because
examiner try to put some attention while browsing your last answer. Make use of his
attention. He may revise the marks bracket he decided while reading your 1st answer.
5th Tip : Strategic writing?
How many words per

question? No fixed rule- Use standard answer
Normally, 800-1200 words structure (template)
(4-6 pages)
Numbered or bulleted Sprinkle and underline key

points in ‘Body’ phrases
• How many words to write?

• Actually, it shouldn’t matter. But unfortunately, in our country it does matter.
• Average writing speed is 25 words per minute. In a 180 minute (3 hour) exam, one may
write for about 160 minute, leaving 20 minutes for reading paper and organizing
thoughts. Therefore, in 160 minutes, maximum 4000 words can be written. This comes to
1000 words per question.
• Write in bigger font, maximum 200 words in one page. Use bullets/number and
indenting. Leave good space between paragraph. They consume space.
• Examiners are used to see answers written in a particular template(structure). Follow
them. Carefully observe how I have tried to write in a fixed structure. I have given a
standard structure in next slide.
• Yes, insert standard phrases in your answer, sprinkle (scatter) them across your
answer. Why? Examiners are interested in seeing the key words/phrases in your answer,
this helps them quickly browsing your answer. If the found them they assume that rest of
your answer is also okay.
• And finally, repeat key phrases. Yes! You may write the key phrase in Introduction, in
body and in the conclusion. Why? Simple, because examiners are compelled to note the
key phrase/concept in your answer even if he is browsing through the answer. Hence,
don’t hesitate to repeat. It pays.
• Take one example; one of the key phrases in political theory is ‘highly contested
concepts’. Examiner will search for such phrases in your answer.
Answer Template: Example: “Discuss relation

between FR & DPSP’
• Introduction- 20%- 200-250 words
• Introduce the topic , what are fundamental rights and Directive Principles
• Political ideologies they reflect, sources from where Constitution picked them up, intent and
content of them
• Give a glimpse of your conclusion- finally what you want to say- none are superior or subordinate to
other, both are complementary to each other
• Body: Constitutional provisions and case laws, compare and contrast- 50%- 500 to 650
words
• State the articles which contain FR & DPSP- brief explanation
• Compare them in a tabular form
• Describe the series of SC decisions/case laws through which their relation was evolved.
• Analysis and Discussion- 15%- 150-200 words
• Analyse the topic/issue in view of question asked and constitutional provisions and case laws cited
above
• Provide your own view – crux of your answer
• Conclusion- 15 %- 150-200 words
• Paraphrase introduction
• State your final view and concluding remarks
• Introduction is where you should focus most. Why? Because examiner read first few lines
of Introduction carefully. It is here he is putting you in a bracket or grade for marking.
• Conclusion is basically introduction in other words. Both give an overview/summary of

the theme, explain a bit about the question asked and give very brief of their final
argument. Difference is in wording. Introduction says I will explain or as explained
below, whereas conclusion say, as I have explained above and so on.
• You can break the body of the answer in two parts. One informative and other analytical.
In the latter part you may critically analyse the statement or theme in context of the
question. You may even merge these two parts into one.
GOOD WISHES!

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Pol Sc Help Exam Guide Constitutional Govt & Democracy in India 2021 Edition

NEW SYLLABUS CONSTITUTIONAL GOVT &

• Chapter wise Key points and

• 3 sets of Sample Papers for

• Tips for Writing Essay Type

FEW WORDS ABOUT THE GUIDE

Dear students…WELCOME BACK !

• Key points on each of topics/theme of the revised CBCS Syllabus.

THEME 1: PHILOSOPHY OF THE CONSTITUTION,

Importance of the Preamble of the Constitution:

Meaning of Philosophy of Indian Constitution:

• Conceptual structure of the constitution

• Vision of the constitution

• set of ideals, aspirations, values embedded in the constitution.

• Moral and ethical underpinnings ( bases, pillars) of the constitution

Philosophy of Indian Constitution:

• Individual Liberty with socio-economic Justice

• Individual freedom and rights with societal Common Good- communitarianism

• Political and social transformation

• Universal adult suffrage- one person- one vote-political equality

• Directive principle of state policy- vision of socio-economic equality

• Equality of status, opportunity, equal protection of law, rule of law

• Vision of caste and class less society

• Non-western conception of secularism

• Article 25, and 26 : freedom of religion to individual and community

• Deep commitment to protection of rights of minority, and marginalized communities

1. B: ANSWER TEMPLATES OF PAST YEAR’S AND OTHER

Q. Critically examine the philosophy of the Indian Constitution as enshrined in

Factors shaping the philosophy of the Constitution:

Philosophy of the Constitution:

How Preamble reflects the vision and Philosophy of the Constitution?

THEME 2: FUNDAMENTAL RIGHTS AND DIRECTIVE

Fundamental Rights: Features

Directive Principles of State Policy (DPSP)

FR vs DPSP: Complementary to each other:

2. B: ANSWER TEMPLATES OF PAST YEAR’S AND OTHER

FR under Indian Constitution:

• Rights to constitutional remedies : article 32

DPSP in Indian Constitution:

Comparing FR and DPSP

Point of Fundamental Rights DPSP

Guiding Political Liberalism- Individual Social democracy or democratic

Democratic Ensuring political Ensuring socio-economic democracy-

Legal status Justifiable- Constitutional Non-justifiable- policy guidance to the state

Relation with No law required to Law required to implement DPSPs

Relationship May come in the way of May broaden the scope of FR

Discussion and Conclusion:

Q.2 Analyse the importance of Directive principles of state policy.

Fourth, DPSP gives ideological balance to Indian Constitution. As Granville Austin, a

Idea of Fundamental Rights is inspired by liberal political ideologies, which considers

Features of Fundamental Rights:

• FR is realization of liberal ideology of sacrosanct individual rights of life, liberty, property,

Fundamental Rights to Equality:

• 15(5): relates to reservation in educational institutions to SC/ST, OBC

Fundamental Rights to Liberty:

• Article 22: Protection against arrest and detention in certain cases

Discussion and Conclusion:

THEME 3: THE LEGISLATURE: PARLIAMENT

3.A: Key Points: