CONSTITUTIONAL LAW- II

1) Define Federalism

Federalism involves dividing governmental power between a central authority and constituent political
units, such as states or provinces. This system aims to balance a strong, unified central government with
the autonomy of individual states or regions. Federalism is marked by the distribution of powers between
the national government and the states, with certain powers assigned to the central government and others
reserved for the states. This division is intended to prevent either level of government from becoming
overly powerful.
India also operates under a federal system, dividing powers between the central government and the states.
The Indian Constitution specifies these powers in the Seventh Schedule. For example, defense and foreign
affairs are managed by the central government, whereas police and public health are the responsibility of
the states.
In United States v. Lopez, the U.S. Supreme Court considered the extent of Congress’s power under the
Commerce Clause. The Court ruled that the Gun-Free School Zones Act, which banned individuals from
carrying firearms in school zones, overstepped Congress’s authority to regulate interstate commerce. This
decision highlighted the need to restrict federal power to preserve the balance between national and state
governments.

2) State and Union territories (Part-I and Part- VIII)

❖ Part VIII of the Indian Constitution deals with the Union Territories:

Under the Indian Constitution, India is structured as a federal system comprising states and
 Union territories.

➢ States: States are constituent political units with their own governments. They have
significant autonomy and legislative powers.
✓ Powers: The Seventh Schedule of the Indian Constitution divides powers between
the Union (central government) and the states. This division is categorized into three
lists:

o Union List: Subjects under the exclusive jurisdiction of the central government (e.g.,
defense, foreign affairs, atomic energy).
o State List: Subjects under the jurisdiction of state governments (e.g., police, public health,
agriculture).
o Concurrent List: Subjects where both the central and state governments can legislate (e.g.,
education, marriage, bankruptcy). In case of a conflict, the central law prevails.

✓ Governance:

o Each state has its own government with a Chief Minister and a Governor.
o The legislative assembly (Vidhan Sabha) enacts state laws.
o Some states also have a legislative council (Vidhan Parishad), making them bicameral.

Ex: Uttar Pradesh, Maharashtra, Tamil Nadu, West Bengal, Karnataka.

➢ Union Territories: Union Territories (UTs) are regions directly administered by the central
government. They generally have less autonomy compared to states.

✓ Powers:

o The President of India, through appointed Administrators or Lieutenant Governors,

administers UTs.
o Some UTs, like Delhi and Puducherry, have been granted partial statehood with their own
legislative assemblies and councils of ministers. However, their powers are more restricted
compared to full-fledged states.

✓ Governance:

o The central government appoints an Administrator or Lieutenant Governor for each UT.
o In UTs with legislative assemblies (Delhi and Puducherry), the Chief Minister and council of
ministers hold some powers, but key areas (e.g., police and public order in Delhi) remain
under the central government’s control.

Ex: Uttar Pradesh, Maharashtra, Tamil Nadu, West Bengal, Karnataka.

➢ Case Laws:
a. NCT of Delhi v. Union of India (2018):
This landmark case clarified the distribution of powers between the Delhi government and the
central government. The Supreme Court ruled that while the Lieutenant Governor (LG) of Delhi
has the power to refer matters to the President, he must act in accordance with the aid and advice
of the Council of Ministers, except in matters of land, police, and public order.

b. State of Puducherry v. Union of India (2017):

This case dealt with the extent of powers of the Lieutenant Governor of Puducherry. The Madras
High Court ruled that the Lieutenant Governor cannot interfere in the day-to-day affairs of the
 elected government, affirming that the LG must act based on the aid and advice of the Council of
Ministers.

c. Lakshadweep Administration v. Shri Chandrikaraman (1995):

This case addressed the administrative control and the extent of the President’s power to make
regulations for Lakshadweep. The Kerala High Court upheld the President’s power under Article
240 to make necessary regulations for the Union Territory’s administration.

3) What are the Features of Indian Federalism?

a. India’s federal system is characterized by several unique aspects that define the
relationship between the central government and the states.
b. The country’s written constitution clearly outlines the powers and duties of both levels of
government, as seen in the Seventh Schedule, which categorizes subjects into Union,
State, and Concurrent Lists.
c. Indian federalism establishes separate governments at both the central and state levels,
allowing each to operate independently within its designated authority.
d. Powers are distributed among the central and state governments based on specific
subjects listed in the Constitution, with national, regional, and shared concerns addressed
in the Union List, State List, and Concurrent List, respectively.
e. The supremacy of the Constitution ensures that both central and state governments derive
their authority from it, and any laws conflicting with it are deemed invalid by the
judiciary.
f. India follows the principle of single citizenship, where every citizen is a citizen of the
Union, fostering a sense of national unity.
g. The judiciary, particularly the Supreme Court, plays a crucial role in resolving disputes
between the central and state governments by interpreting the Constitution.
h. Governors, appointed by the President, serve as a connection between the central and
state governments, although their powers and responsibilities are clearly defined by the
Constitution.
i. Emergency provisions allow for alterations to the federal structure during emergencies,
granting the central government additional authority, such as the ability to administer a
state directly under President’s Rule.

• Caselaw: S.R. Bommai v. Union of India (1994): In the landmark case of S.R. Bommai
v. Union of India, the Supreme Court held that the power of the President to dismiss a state
government is not absolute and is subject to judicial review. The judgment emphasized that the
dismissal of a state government should be based on valid grounds such as constitutional
breakdown.
• Example - Goods and Services Tax (GST): The implementation of GST in India serves as
a modern illustration of cooperative federalism. It demonstrates the partnership between the
central and state governments in simplifying the indirect tax structure, reflecting a
collaborative governance approach.

4) What are Local self-governing Bodies?

Panchayats and Municipalities (Part IX and IX-A):

Local self-governing bodies, such as Panchayats and Municipalities, play a crucial role in
managing local affairs in India. These bodies ensure that the voices of the community are heard and
that local development is carried out effectively.
 ❖ Panchayats (Part IX): These are local self-governing institutions at the village or small-town
level. They are part of the rural governance system and are organized into three tiers:

a. Village Panchayat: The most basic level, responsible for local needs such as water supply,
sanitation, and village roads.
b. Intermediate Panchayat: Exists in larger districts to coordinate and support village
Panchayats.
c. District Panchayat: The highest tier at the district level, overseeing development projects and
services across the district.

❖ Municipalities (Part IX-A): These bodies govern urban areas, including towns and cities.
Similar to Panchayats, Municipalities are structured to ensure local administration and
development. They handle urban infrastructure, such as public transportation, waste management,
and city planning. Municipalities are categorized into:

a. Nagar Panchayats: For areas transitioning from rural to urban.

b. Municipal Councils: For smaller urban areas.
c. Municipal Corporations: For larger cities with more complex administrative needs.

❖ Caselaw: Balwant Rai vs. State of Punjab (1997): The Supreme Court of India highlighted the
importance of local self-government institutions. The Court made it clear that Panchayats and
Municipalities are not just tools for implementing government schemes. Instead, they are essential
for maintaining democracy at the grassroots level. This ruling reinforced the idea that local self-
governance is vital for a healthy democracy.

Example: Kudumbashree in Kerala: A great example of effective local self-governance is

Kudumbashree in Kerala. This initiative is a women-oriented, community-based program aimed at
reducing poverty. Implemented by the State Poverty Eradication Mission, Kudumbashree empowers
women by forming self-help groups and encouraging their active participation in local governance.

5) Explain Scheduled and Tribal Areas (Part X)

Part X of the Indian Constitution deals with Scheduled and Tribal Areas, recognizing the special
needs of certain areas and communities.

❖ Scheduled Areas: Scheduled Areas are regions identified by the President of India where the
majority of the population belongs to Scheduled Tribes. These areas are governed by special laws
and protections to safeguard the interests of these tribal communities.

Key Provisions for Scheduled Areas:

✓ Article 244(1): This article deals with the administration of Scheduled Areas in states
other than Assam, Meghalaya, Tripura, and Mizoram. It mandates the application of the
Fifth Schedule of the Constitution, which outlines the administrative framework for these
areas.
✓ Fifth Schedule: Provides for a special system of governance for Scheduled Areas,
including the creation of Tribal Advisory Councils and the regulation of land transfer to
prevent exploitation of tribal lands.
✓ Caselaws: Samatha v. State of Andhra Pradesh (1997): The Supreme Court ruled that
government land, tribal land, and forest land in Scheduled Areas cannot be leased to non-
tribals or private entities for mining or industrial purposes. This landmark case
 strengthened the protection of tribal land rights.

❖ Tribal Areas: Tribal Areas are specifically recognized regions in the states of Assam, Meghalaya,
Tripura, and Mizoram. These areas are administered under the Sixth Schedule of the Constitution,
which grants significant autonomy to tribal communities.

Key Provisions for Tribal Areas:

✓ Article 244(2): Deals with the administration of Tribal Areas in Assam, Meghalaya,
Tripura, and Mizoram, and mandates the application of the Sixth Schedule.

✓ Sixth Schedule: Provides for autonomous district councils with legislative, judicial, and
administrative powers. These councils can make laws on various matters such as land,
forest management, and the inheritance of property.

✓ Caselaw: T.N. Godavarman Thirumulpad v. Union of India (1997): The Supreme

Court emphasized the need for environmental protection in tribal areas, highlighting the
importance of preserving forests, which are integral to the livelihood and culture of tribal
communities.

6) Explain Special Status of some States (Part- XXI)

There are specific provisions and Articles within the Constitution that grant special status to certain states
or territories.

i. Maharashtra (Article 371): The President can establish development boards for Vidarbha,
Marathwada, and other regions. This helps in the balanced development of different regions
within the state.

ii. Andhra Pradesh and Telangana (Article 371-D and 371-E): Ensures equitable opportunities in
public employment and education through local preference. An Administrative Tribunal can be
set up to resolve disputes related to these matters.

iii. Sikkim (Article 371-F): Protects the unique social and cultural identity of Sikkim. Ensures
representation of Sikkim’s people in the Legislative Assembly and protects existing laws and
customs.

iv. Mizoram (Article 371-G): Protects the religious and social practices, customary laws, and
ownership and transfer of land by the Mizo people. The Legislative Assembly of Mizoram has
special powers in these areas.

v. Arunachal Pradesh (Article 371-H): Gives the Governor of Arunachal Pradesh special
responsibility for law and order in the state, ensuring the security and peace of the region.

vi. Gujarat (Article 371): Allows the establishment of development boards for different regions
within the state to ensure equitable distribution of resources and development.
vii. Nagaland (Article 371-A): Protects the religious and social practices, customary laws, and
ownership and transfer of land by the Naga people. Legislative Assembly has special powers in
these areas.

viii. Assam (Article 371-B): Establishes a committee of the Assam Legislative Assembly to ensure
the interests of the tribal areas in Assam are protected and their unique needs are addressed.

ix. Manipur (Article 371-C): Ensures the protection of the interests of the Hill Areas of Manipur
through the establishment of a Hill Areas Committee in the Legislative Assembly.

x. Goa (Article 371-I): Provides for a Legislative Assembly with a minimum of 30 members to
ensure adequate representation and governance.

xi. Karnataka (Article 371-J): Ensures equitable distribution of funds and development programs in
the Hyderabad-Karnataka region. Provides for local reservation in public employment and
education.

7) Explain the Forms of Government.

The term "forms of government" refers to the various systems by which a state or country is
organized and operates. Different forms of government represent different ways in which
political power is distributed and exercised. Here are some common forms of government:
8) Cooperative and Competitive Federalism

Cooperative Federalism: Cooperative federalism emphasizes collaboration and partnership between

the central and state governments. It suggests that both levels of government should work together to
address common issues, share responsibilities, and achieve mutual goals.
Competitive Federalism: Competitive federalism, on the other hand, emphasizes competition among
states or regions within a country. It encourages states to compete with each other to attract investment,
promote economic growth, and improve governance.

Relationship between Cooperative and Competitive Federalism:

While cooperative federalism emphasizes collaboration and shared responsibilities, competitive

federalism does not necessarily imply a lack of cooperation. Both concepts can coexist, and many
federal systems exhibit elements of both. In practice, a balanced approach may involve cooperative
efforts on issues of common interest while allowing for healthy competition among states to foster
efficiency and innovation.

Example - Goods and Services Tax (GST) in India: The implementation of GST in India is an example
that incorporates elements of both cooperative and competitive federalism. While it involves
cooperation among the central and state governments to streamline the tax system, the competition among
states to maintain a business-friendly environment and attract investments is also evident.

9) Explain Centre-State Relations (Part-XI)

The relations between the Centre and the states can be classified into two different fields. They are:
Legislative relations – It includes Articles 245 to 255. Administrative relations – It includes Articles 256 to
263.

✓ Legislative Relations:
• Articles 245-255 discuss legislative relations between the Union (Parliament) and the states (state
legislatures).
• There are four aspects of the legislative relationships between the Centre and the States which are
as follows:
 o Territorial extent of Central and State legislation
o Distribution of legislative subjects
o Parliamentary legislation in the state field
o Centre’s control over State legislation
• They define the scope of legislative powers, with Parliament having overriding authority.
• Provisions address subjects for legislation, inconsistency between state and national laws, and
residual powers.
• Schedule VII categorizes Union List, State List, and Concurrent List.

✓ Administrative Relations:
• Articles 256-263 cover administrative ties between the Central and state governments.
• India, while federal, has unitary traits, requiring states to obey national laws.
• Cooperative federalism, as suggested by the Sarkaria Commission, aims to improve relations
between the two levels of government.
• Distribution of Executive Powers
o The Centre’s power encompasses the entire nation when it comes to matters over which it has
exclusive jurisdiction (union list), as well as when it exercises any rights, jurisdiction, or
authority granted to it by a treaty or agreement.
o The subjects listed in the State list fall under the State’s purview.
o The States have the executive authority in matters involving the concurrent list.
o The State’s executive branch must act in a way that ensures the laws established by Parliament
are upheld.

✓ Case Law Related to Legislative and Administrative Relations

1. State of West Bengal v. Union of India (1963): This landmark case dealt with the extent of
legislative powers of the Parliament and the states, reinforcing the supremacy of Parliament in
cases of conflict.

2. S.R. Bommai v. Union of India (1994): This case elaborated on the scope of Article 356 and
provided guidelines for the imposition of President’s Rule in states, emphasizing the need for
federal balance and the Centre’s role in maintaining it.

3. Rajasthan v. Union of India (1977): The Supreme Court addressed the Centre’s power to
dissolve state assemblies under Article 356, emphasizing that such powers must be exercised
judiciously and only when necessary.

4. Rameshwar Prasad v. Union of India (2006): The court discussed the misuse of Article 356,
stressing the requirement for objective and relevant grounds for the imposition of President’s
Rule, highlighting the principle of federalism.

10) Finance (Part-XII)

Finance in the Indian Constitution, covered under Part XII, deals with how the government manages its
money to run the country effectively.

• Article 264: Formation of the Consolidated Fund of India.

• Article 266: Public Account of India.
• Article 267: Contingency Fund of India.
• Article 268-281: Deals with different types of taxes and how they are distributed between the central
and state governments.
 ✓ Consolidated Fund of India (Article 264): It’s like the government’s main bank account where
all the money earned through taxes and other sources goes. The government cannot withdraw
money from this fund without Parliament’s approval.

✓ Public Account of India (Article 266): This account holds money that doesn’t belong to the
government but is managed by it. For example, money for specific purposes like saving schemes.
Parliament doesn’t control this money directly.

✓ Contingency Fund of India (Article 267): This fund is for emergencies or unforeseen expenses.
The President can use this money without parliamentary approval for urgent needs like natural disasters.

✓ Tax Distribution (Articles 268-281): Different types of taxes are collected by both the central and
state governments, like income tax, sales tax, etc. These articles explain how taxes are divided
between the central and state governments.

✓ Examples:

• When you pay income tax to the government, it goes into the Consolidated Fund of India.
• Money collected for specific schemes like Swachh Bharat Abhiyan goes into the Public Account.
• If there’s a sudden need for disaster relief, the President can use money from the Contingency Fund.

11) Property (Part-XII)

Property (Articles 294-300A):

• Article 294: Succession to property, assets, rights, and liabilities.
• Article 295: Succession to property, assets, rights, and liabilities in certain other cases.
• Article 296: Property accruing by escheat or laps or as bona vacantia.
• Article 297: Things of value within territorial waters or continental shelf and resources of the
exclusive economic zone to vest in the Union.
• Article 298: Power to carry on trade, etc.

✓ Article 300A: This article states that no person shall be deprived of his property except by
authority of law. In simple terms, it means that the government can take away someone’s property,
but there has to be a law supporting it.

✓ Examples:

• If the government wants to build a road and your house is in the way, they can acquire your
property, but they have to compensate you for it according to the law.
• If someone is found to be illegally occupying land, the government can take action to reclaim that
land.
• Background: Before the 44th Amendment in 1978, the Constitution included the Right to Property
as a fundamental right under Article 19(1)(f). However, it was removed and made a legal right
under Article 300A, making it subject to laws passed by the government.

✓ Purpose: The idea behind this part is to balance the rights of individuals to own property with the
needs of the state for development and public welfare. It ensures that while the government can
acquire property for public purposes, it must do so fairly and justly.

✓ Exceptions: While Article 300A protects property rights, there are exceptions where property can
be acquired by the government for public use, such as building roads, schools, hospitals, etc.
However, compensation must be provided as per the law.
12) Contracts (Part-XII)

Contracts were introduced into the Indian Constitution under Part XII, which deals with finance, property,
contracts, and suits. This was deemed essential to establish a legal framework for government dealings and
transactions. Article 299 specifically outlines the procedure for making contracts on behalf of the
Government of India or the states.

✓ Article 299: This article lays down the rules for contracts made on behalf of the Government of
India or the states. It states that contracts on behalf of the government need to be made in the name
of the President (or Governor for states) and be executed by such authority as the President (or
Governor) may direct or authorize.
✓ Example: Let’s say the government wants to build a new bridge. They can’t just hire a
construction company like a regular person would. Instead, the contract needs to be made in the
name of the President (or Governor), and it must be signed by someone authorized by the President
(or Governor) to do so. This ensures that government contracts are properly authorized and legally
binding.
✓ Caselaw: State of Bihar v. Kameshwar Singh: In this case, the Supreme Court emphasized the
importance of strict adherence to the requirements of Article 299. The Court ruled that contracts
made by government officials without proper authorization are not enforceable against the
government. This case reaffirmed the necessity of complying with Article 299’s provisions to
maintain the integrity of government contracts.

13) Special Provisions Relating to Certain Classes (Part-XVI)

Part XVI of the Indian Constitution contains special provisions for certain classes of citizens,
including Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).
These provisions aim to promote their social, educational, and economic advancement and protect
their rights.

✓ Article 330: This article provides for reservation of seats for SCs and STs in the House of the People
(Lok Sabha) on the basis of their population.
o Example: If a state has a significant population of Scheduled Castes, seats in the Lok Sabha are
reserved for candidates belonging to these communities to ensure their representation in the
Parliament.

✓ Article 332: This article deals with reservation of seats for SCs and STs in the Legislative Assemblies
of states.
o Example: In state elections, certain seats are reserved for candidates from Scheduled Tribes
and Scheduled Castes to ensure their representation in state legislatures.

✓ Article 335: This article states that the claims of SCs and STs in matters of promotion in services
under the state shall be taken into consideration consistently with the maintenance of efficiency of
administration.
o Example: When considering promotions in government jobs, the claims of Scheduled Castes
and Scheduled Tribes are given due weightage while ensuring that the efficiency of
administration is not compromised.

✓ Case Law: “Indra Sawhney & Others v. Union of India” case, commonly known as the Mandal
Commission case. In this case, the Supreme Court upheld the constitutional validity of providing
 reservations for Other Backward Classes (OBCs) in educational institutions and government jobs,
subject to certain conditions and limitations. This case reaffirmed the importance of affirmative action
and social justice in promoting the interests of marginalized communities.

14) Write a short note on Reservation of seats and special

representation to cease after seventy years.

According to Article 334, the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs)
in the House of the People (Lok Sabha) and Legislative Assemblies of states, as well as the representation
of the Anglo-Indian community by nomination, will cease to have effect after a period of seventy years
from the commencement of the Constitution.

✓ Reservation of Seats: This refers to the practice of setting aside a certain number of seats in legislative
bodies for Scheduled Castes and Scheduled Tribes to ensure their representation.
✓ Special Representation of Anglo-Indian Community: This pertains to the provision of nominated
seats for members of the Anglo-Indian community in the House of the People and Legislative
Assemblies of states.

✓ Example: Suppose the Constitution came into effect on January 26, 1950. Article 334 states that the
reservation of seats for SCs and STs, as well as the special representation of the Anglo-Indian
community, will cease to exist after seventy years from that date, i.e., on January 26, 2020.

15) Define Legislature and types.

✓ The legislature occupies an important place in modern State. It is regarded as the most important organ
of the government. The legislature represents the general will of the people in the democratic system.
The legislature is that organ of the government, which is primarily concerned with the function of
making laws. It provides a basis for the working of the executive and the judiciary. Unless laws are
made, the question of enforcing them or interpreting them does not arise. Thus, it can be said that the
executive and the judicial organ cannot function without the legislature.

✓ Meaning of legislature (Parliament): Meaning of the word ‘Parliament’ – is a word derived from the
French expression parlement which means ‘speaking’, and Latin word ‘parliamentum’ which means
‘talking. It has come to mean ‘meeting for discussion’. Or talking Shop where we can discuss national
and international issues. Different Names of Legislature: In India Parliament is known as Sansad.
Other nations have their own names viz. Diet in Japan, Congress in US, Parliament in UK, Knesset in
Israel.

Uni-Cameral (One Chamber/ House) Bi –Cameral (Two chambers / Houses)

If the Parliament (National Assembly) has
only one chamber, it is known as Uni-
Cameral Legislature.
▪Examples: Greece, Finland, Denmark,
Sweden, Sri Lanka & etc.
The word ‘uni’ means one and ‘cameral’
means chamber. Unicameral legislature
means one chamber or house. A legislature
with one chamber is called as Unicameral
legislature. In 18th and 19th century
Unicameral legislature was very popular. The
advocates of unicameralism felt that,
If the Parliament (National Assembly) has two chambers, it
is known as Bi-Cameral Legislature. ▪Examples: India,
U.K., U.S.A. Afghanistan, Pakistan, etc.
‘Bi’ means two, ‘cameral’ means chamber or house.
Bicameral legislature means two chambers or two houses.
Lower house is called the First House and the Upper house
is called the Second House. America, Britain and India are
the classic examples of bicameral legislature. In England,
Bicameral legislature has been developed according to the
historical evolution.
sovereignty which rests with the people is
indivisible.
Merits of Unicameral Legislature
• Less expensive: Unicameral legislature is
less expensive. As there is only one
chamber in the legislature, less amount of
money is spent towards its maintenance
and payment of allowances to the
legislatures.
• No Duplication of work: There is no
chance of duplication of work in
Unicameral legislature. Once a bill is
passed in this chamber, there is no chance
again for re-discussion. Every bill will be
passed after through discussion at one
time.
• Progressive legislation: Unicameral
legislature provides for progressive
legislation, because this legislature is
constituted on the basis of direct
elections. Its members reflect and
represent public opinion. Hence, the laws
enacted by them are approved and obeyed
by the people as they are progressive.
• Quick legislation: Because of
Unicameral legislation, there is
legislation. If the second house exists, it
may act as a break on progressive
legislation.
• Simple structure: Since there is only one
house, Unicameral legislation is simple in
form and structure. Responsibility in this
system can be easily and definitely
located. Unicameralism is best suited to
the needs of modern State.
• Checks on Despotic tendencies: In
Unicameral legislation, despotic
tendencies of the executive are effectively
controlled.
Demerits of Unicameral Legislature:
• Hasty legislation: Unicameral
legislation may provide scope for
hasty legislation. It may produce
hasty, radical, ill-considered and rash
legislation.
• No Re-thinking: No provision is
made for second thought in this
system. Emotions, impulses and high
passions may influence the making of
legislation.
• Legislative dominance: Legislative
dominance or despotism is possible
Merits of Bicameral Legislature:
• Prevents despotism of a single house l: A bicameral
legislature is a safeguard against the despotism of a
single chamber legislature. If there are two houses, one
can act as a check on the other.
• Check on hasty legislation: Bicameral legislature serves
as a check upon hasty, rash and ill-considered legislation.
The second chamber can remove the defects while
revising the bills.
• Reduces burden of legislature: Bicameral legislature
reduces the burden of legislation. If there is second
chamber, then it reduces the burden of legislation of the
first chamber.
• Representation of different interests: Bicameralism
provides a convenient means of giving representation to
different groups and interests. Distinguished people in
the field of arts, science, literature and minorities can be
nominated.
• Possibility of detailed discussion: In bicameralism there
is a possibility of detailed discussion. Generally, the
membership of the second chamber is limited. So, it can
be discussed the bills in detail before it is enacted.
• Less Politicized: As the member of second chamber are
nominated, they represent the intellectuals and they work
without biases of political affinities.
• Essential for federation: Bicameralism is essential for
all the federal States. The Lower House represents the
people and the Upper House represents the States. The
Lower House stands for natural principle, while the
Upper House stands for federal principles.
• Perfect and sound laws: Bicameral legislatures enable
fie legislatures to make perfect and sound laws. It helps
to correct the errors committed by the Lower House.
• Conservative attitude: Bicameral legislature is having
conservative attitude. The members of this house are
generally aged and experienced. They can prevent hasty
legislations
Demerits of Bicameral Legislature:
• Superfluous and unnecessary: If the second Chamber
always agrees with the first chamber, second chamber is
superfluous. If it disagrees, it is mischievous.
• Prevention of hasty legislation: If there is one chamber,
the opposition parties are there to prevent hasty
legislation. For that purpose, there is no need of
bicameral legislation.
• Creation of deadlocks: If there are two houses, they
may fight for supremacy. In such cases, the legislation is
too delayed. If two houses are dominated by two
different political parties, it results in frequent conflicts
and deadlocks.
 particularly when it is under a control
of a single political party having an
overwhelming majority.
• Political instability: Due to absence
of moderation and second thought,
the government may face the danger
of changing frequently because of
unpopular legislation.
• Unequal representation: In the
unicameral legislature, representation
is given in proportion to the
population, which makes it difficult
for the minorities and special
interests to get their due say in public
Offices.
• Highly wasteful: As bicameralism is very expensive, it
is highly wasteful. There is lot of expenditure in the form
of salaries, maintenance and allowances.
• Anti-democratic: As the member of second chamber are
not directly elected, it is against the principle of
democracy. They do not hold any kind of responsibility
to the people. They are not representing the interest of
the people.
• No essential in federalism: The interest of the States
can be protected by the members of the Lower House,
political parties and independent judiciary.
• Conservative and representation of vested interests:
Second chambers are citadel of conservation. They
oppose radical reforms and prevent the progress of the
nation.

16) What is the Composition of the Union Legislature?

The Union Legislature, known as the Parliament of India, is a bicameral body consisting of two houses:
i. Lok Sabha (House of the People):
• Members: The Lok Sabha is composed of Members of Parliament (MPs) directly elected
by the people.
• Duration: Members serve a term of five years, unless dissolved earlier.
• Representation: The representation of states and Union territories is based on population,
 and each state and Union territory is allotted a certain number of seats.

ii. Rajya Sabha (Council of States):

• Members: Members of the Rajya Sabha are not directly elected by the people but are
elected by the elected members of the State Legislative Assemblies, members of the
Electoral College for Union Territories, and members of the Electoral College for
graduates and teachers.
• Duration: Members serve a term of six years.
• Representation: Members represent states and Union territories.

17) What are the Powers and Functions of the Union Legislature?

a. The Parliament can make laws on subjects listed in the Union List and Concurrent List. For
example, if there’s a law about national highways, it’s made by Parliament.
b. Parliament decides on taxes and financial matters. Think of it like deciding how much tax you pay
on your salary.
c. The President, with advice from the Prime Minister and their team, makes important decisions.
Parliament keeps an eye on this to make sure everything is done according to the rules.
d. If the President breaks the rules, Parliament can remove them from office. It’s like a serious
warning for the President to follow the Constitution.
e. Parliament can change the Constitution, but some changes need extra approval from states or a
special majority in Parliament.
f. Each state gets a certain number of seats in the Lok Sabha based on its population. For example, a
bigger state like Uttar Pradesh has more seats than a smaller state like Goa.
g. The President can ask the Prime Minister for advice, and Parliament can let the President make
temporary laws called ordinances when Parliament is not in session.
h. The government, led by the Prime Minister, is answerable to the Lok Sabha. If the
Lok Sabha loses confidence in the government, it can be removed from power.

18) What is the Composition of State Legislature?

The State Legislature is a bicameral or unicameral body, depending on the state. Each state's
legislature consists of the following:

1. Legislative Assembly (Vidhan Sabha):

• Members: The members of the Legislative Assembly (MLAs) are directly elected by the
people of the state.
• Duration: Members serve a term of five years, unless dissolved earlier.
• Representation: The representation of constituencies is based on population, and each
constituency elects one member.

2. Legislative Council (Vidhan Parishad) - If Applicable:

• Members: Members of the Legislative Council (MLCs) are not directly elected by the
people. They are elected by members of local authorities, teachers, graduates, and certain
other special interest groups.
• Duration: Members serve a term of six years.
• Representation: Members represent constituencies, local authorities, and other categories.

19) What are the Powers and Functions of State Legislature?

The State Legislature is the lawmaking body of the State. The Indian State legislature comprises the
Legislative Assembly and the Legislature Council. However, the State Legislative Assembly enjoys
 more powers and performs more functions than the Legislative Council. The State Legislative
Assembly has Legislative, executive, Financial, Amendment, and electoral powers.

a. Legislative powers – The Legislative council is less powerful in making laws than the State
Legislative assembly. A bill has to pass through the Legislative assemble first then it is forwarded
to the Legislative council.
b. Financial powers – With respect to the money bills, the Legislative Assembly of the State holds
the supreme power. The State’s finances are sanctioned and controlled by the Legislative Assembly
of the State. Along with this, the state legislative assembly is responsible for managing the annual
budget of the State.
c. Executive powers – The legislative assembly has the position of authority and holds the right to
question its members. Also, the State legislative assembly has the power to reject any government
policy (of the State) that can lead to a no-confidence motion.
d. Amendment powers – In agreement with the State legislature, the Parliament can make some
constitutional amendments. E.g., The Parliament has to seek the opinion of the State legislative
assembly to decide to alter the State’s boundaries.

20) What is the Qualification, Disqualification and Privileges of

Members of Parliament?

❖ Qualifications for Membership (Article 84):

• To be eligible for membership in the Lok Sabha (House of the People), a person must:
• Be a citizen of India.
• Be at least 25 years old.
• Possess other qualifications as prescribed by Parliament.
• To be eligible for membership in the Rajya Sabha (Council of States), a person must:
• Be a citizen of India.
• Be at least 30 years old.
• Possess other qualifications as prescribed by Parliament.

❖ Disqualifications for Membership (Article 102):

A person shall be disqualified for being chosen as, and for being, a member of either House of
Parliament if they:
• Hold any office of profit under the Government of India or the Government of any state,
other than an office declared by Parliament by law not to disqualify its holder.
• Are of unsound mind and have been declared by a competent court.
• Are an undischarged insolvent.
• Are not a citizen of India or have voluntarily acquired the citizenship of a foreign
state.
• Have voluntarily acquired the citizenship of India in breach of the law.
• Have been disqualified by or under any law made by Parliament.

❖ Privileges of Members of Parliament:

• Freedom of Speech: Members have the freedom of speech in Parliament. They can express their
opinions and participate in debates without fear of legal action.
• Freedom from Arrest: Members are immune from arrest in civil cases during the continuance
of the session of Parliament and 40 days before its commencement and 40 days after its
conclusion.
• Exemption from Jury Service: Members are exempted from serving on juries.
• Freedom from Subpoena as Witnesses: Members cannot be compelled to appear as witnesses
in court proceedings during the session of Parliament.
21) What are the Powers of Parliament in Matters of
Disqualification?
✓ Article 103: Parliament has the authority to create laws regarding the disqualification of members of
either House of Parliament based on defection.
• Example: If a Member of Parliament (MP) switches from the party they were elected with to
another party, Parliament has the power to disqualify them from their position under the rules they
have established.

✓ Anti-Defection Law (Tenth Schedule): The Tenth Schedule of the Constitution, also known as the
Anti-Defection Law, outlines the circumstances and procedures under which an MP or a Member of a
Legislative Assembly (MLA) can be disqualified for defection.
• Example: If an MP votes against the directions of their party on a critical issue, they can be
disqualified from their position as per the Anti-Defection Law.

• Case Law: In the “Kihoto Hollohan v. Zachillhu” case (1992), the Supreme Court upheld the
constitutional validity of the Tenth Schedule. The Court ruled that the Anti-Defection Law does not
violate any rights and is essential to maintain the stability and integrity of the democratic system by
preventing political defections.

✓ Powers and Privileges of Parliament (Article 105): This article grants Parliament the power to
define the powers, privileges, and immunities of its members. Members of Parliament have the right to
speak freely within Parliament without the fear of being prosecuted in any court for what they say or
how they vote.
• Example: An MP can express their views on any issue during a parliamentary debate without
worrying about legal consequences for their statements made in Parliament.

✓ Oath or Affirmation (Article 99): Before assuming their seats, Members of Parliament are required
to make and subscribe to an oath or affirmation, as specified in the Third Schedule of the Constitution.

• Example: Before starting their duties, an elected MP must swear an oath of allegiance to the
Constitution of India, committing to uphold the sovereignty and integrity of the country.

22) What is the Qualification, Disqualification, and Privileges

of Members of Legislative Assembly (MLAs)?

❖ Qualifications for Membership (Article 173):

To be eligible for membership in a Legislative Assembly of a State, a person must:
• Be a citizen of India.
• Be at least 25 years old for the Legislative Assembly of a State.
• Possess other qualifications as prescribed by the State legislature.

❖ Disqualifications for Membership (Article 191):

A person shall be disqualified for being chosen as, and for being, a member of the
Legislative Assembly of a State if they:
• Hold any office of profit under the Government of India or the Government of any state, other
than an office declared by the legislature of the state by law not to disqualify its holder.
• Are of unsound mind and have been declared by a competent court.
• Are an undischarged insolvent.
• Are not a citizen of India or have voluntarily acquired the citizenship of a foreign state.
• Have voluntarily acquired the citizenship of India in breach of the law.
• Have been disqualified by or under any law made by Parliament.
 ❖ Privileges of Members of Legislative Assembly:
• Freedom of Speech: Members have the freedom of speech in the Legislative Assembly. They
can express their opinions and participate in debates without fear of legal action.
• Freedom from Arrest: Members are immune from arrest in civil cases during the continuance
of the session of the Legislative Assembly and 40 days before its commencement and 40 days
after its conclusion.
• Exemption from Jury Service: Members are exempted from serving on juries.
• Freedom from Subpoena as Witnesses: Members cannot be compelled to appear as witnesses
in court proceedings during the session of the Legislative Assembly.
23) What is Anti Defection law?

10th Schedule to the Indian Constitution serves as a deterrent to people who jump from one political party
to the other. It is a control system used to prevent members of a political party from defecting to another. It
also assists MPs and MLAs in joining another political party without facing any consequences.

Challenges of the Anti-Defection Law:

a. The law aims to keep the government stable by stopping legislators from switching parties.
However, it stops them from voting based on their own judgment and constituents’ interests.
b. The law ensures members vote according to party lines, reducing their ability to check the
government. This reduces the effectiveness of parliamentary debates and discussions.
c. By enforcing party-based voting, the law gives more power to party leaders and the executive
branch.
d. Legislators can be disqualified by the Presiding Officer based on a petition from another member.
e. Presiding Officers can sometimes be biased towards the ruling party.
f. There’s no specific time frame for the Presiding Officer to decide on disqualification, leading to
delays.
g. The law makes no distinction between dissent and defection, stifling healthy debate.

Exceptions to the Anti-Defection Law:

a. Legislators can switch parties without disqualification if two-thirds of the party members agree to
merge with another party.
b. If a legislator elected as Speaker or Chairman resigns from their party, they can rejoin after leaving
their position.
c. Originally, the Presiding Officer’s decisions were immune from judicial review, but the Supreme
Court overturned this in 1992. Now, courts can review the decisions after they are made.

Example: Ex-CM Babulal Marandi faced proceedings under the Anti-Defection Law after merging his
party with the BJP in Jharkhand.

24) What arethe Types of Bills?

A bill is a piece of proposed legislation considered by a legislature. A bill does not become law until
it has been passed by both the legislature and, in most situations, the executive branch. An act of the
legislature, also known as a statute, is a bill that has been enacted into law.

Types of Bills: Ordinary, Financial, Money, and Appropriation

The process of making laws in India involves the introduction and passage of bills in Parliament. Bills
are proposed laws that need to go through specific procedures before becoming laws.

1. Ordinary Bills:
o Ordinary bills deal with matters other than financial subjects.
o They can be introduced in either house of Parliament (Lok Sabha or Rajya Sabha).
o They require a simple majority to be passed in both houses.
o The President's assent is necessary for an ordinary bill to become law.

2. Financial Bills:
o Financial bills are a special category of bills that exclusively deal with financial matters.
o There are three types of financial bills: a. Money Bills b. Finance Bills c.
Appropriation Bills.

3. Money Bills (Article 110):

o Money bills exclusively deal with matters related to taxation, borrowing of money by
the government, expenditure from or receipt to the Consolidated Fund of India.
o They can only be introduced in the Lok Sabha.
o The Rajya Sabha can suggest amendments, but it cannot reject a money bill. It must
return the bill within 14 days.
o If the Rajya Sabha does not return the bill within 14 days, it is deemed to have been
passed by both houses.
o The President's assent is necessary for a money bill to become law.

4. Finance Bills:
o Finance bills are broader in scope than money bills and may include provisions related
to taxation as well as other financial matters.
o They can be introduced in either house, and the Rajya Sabha can suggest amendments.
o The President's assent is necessary for a finance bill to become law.

5. Appropriation Bills (Article 114):

o Appropriation bills are a type of finance bill that authorizes government expenditures
from the Consolidated Fund of India.
o They can only be introduced in the Lok Sabha.
o The Rajya Sabha can suggest amendments, but it cannot reject an appropriation
bill. It must return the bill within 14 days.
o If the Rajya Sabha does not return the bill within 14 days, it is deemed to have been
passed by both houses.
o The President's assent is necessary for an appropriation bill to become law.
25) Differentiate between Private Member Bills and Government
/ Public Bills.
In the Indian parliamentary system, bills can be broadly categorized into Private Member Bills and
Government/Public Bills based on their sponsors and initiators.

26) What is the Qualification, Powers and functions of President?

❖ Qualifications (Article 58):

A person to be eligible for election as President must:
• Be a citizen of India.
• Have completed the age of 35 years.
• Be eligible for election as a member of the Lok Sabha.
• Not hold any office of profit under the Government of India or the Government of any
State or any local government.
❖ Powers and Functions (Article 53):

i. The President is the head of state and the supreme commander of the armed forces.
ii. All executive actions are carried out in the President’s name.
iii. The President appoints the Prime Minister and other members of the Council of Ministers.
iv. The President summons and ends sessions of Parliament.
v. The President has the authority to dissolve the Lok Sabha.
vi. The President addresses both Houses of Parliament and outlines the government’s policies.
vii. The President can issue ordinances when Parliament is not in session.
viii. The President ensures the annual budget is presented to Parliament.
ix. The President gives assent to money bills.
x. The President represents India in international affairs.
xi. The President receives ambassadors and diplomatic representatives.
xii. The President has the power to grant pardons, reprieves, respites, or remissions of
punishment, or to suspend, remit, or commute sentences of convicted individuals.
xiii. The President can declare a state of emergency (national, state, or financial) according to
constitutional provisions.

27) What is the Qualification, Powers, and functions of Vice

President of India?

❖ Qualifications (Article 66):

A person to be eligible for election as Vice President must:
• Be a citizen of India.
• Have completed the age of 35 years.
• Be eligible for election as a member of the Rajya Sabha.
• Not hold any office of profit under the Government of India or the Government of any
State or any local government.

❖ Powers and Functions (Article 63):

 • The Vice President is the ex-officio Chairman of the Rajya Sabha.
• Presides over its sessions and maintains order.
• In case of a tie on any matter in the Rajya Sabha, the Vice President can exercise a casting
vote.
• Acts as the President if the office falls vacant due to death, resignation, removal, or
otherwise until a new President is elected.
• Can discharge the functions of the President in case of the President's absence or illness.
• Represents India at official functions, both within the country and abroad.

❖ Acting as President during a Vacancy (Article 65): In case of a vacancy in the office of the
President due to the expiration of the term of the President or due to their resignation or removal or
otherwise, the Vice President discharges the functions of the President until a new President is
elected.

28) What is the Qualification, Powers, and functions of Union

Council of Ministers?

❖ Qualifications for Ministers (Article 75):

A person to be eligible for appointment as a minister must:

• Be a citizen of India.
• Be a member of either house of Parliament (or, in the case of the Rajya Sabha, be eligible for
election to that house).
• Not hold any office of profit under the Government of India or the Government of any State or any
local authority.
❖ Powers and Functions:

• President is the head of state; real power lies with Council of Ministers led by Prime Minister.
• President acts on advice of Council of Ministers.
• Prime Minister heads Council of Ministers, usually leader of majority party in Lok Sabha.
• Council includes Cabinet Ministers, Ministers of State (Independent Charge), and Ministers of State.
• Cabinet Ministers lead ministries, make policy decisions.
• PM recommends other ministers to President.
• Council is collectively accountable to Lok Sabha.
• Cabinet is main decision-making body.
• Ministers of State (Independent Charge) lead ministries independently or assist Cabinet Ministers.
• Ministers assist in various capacities.
• Council meets to discuss policies, make collective decisions.
• If Lok Sabha loses confidence, entire Council resigns.
• Ministers individually responsible for their ministries, answer questions in Parliament.
• Powers from Constitution and laws.
• Ministers take oath to Constitution.
• Council crucial in policy formulation and implementation.
29) What is the Qualification, Powers, and functions of
Governor?

❖ Qualifications for the Governor (Article 157):

A person to be eligible for appointment as a Governor must:
• Be a citizen of India.
• Have completed the age of 35 years.
❖ Appointment and Term (Article 155):
•The Governor is appointed by the President of India.
•The Governor holds office during the pleasure of the President.
• The term of the Governor's office is five years, but they can be reappointed.
❖ Powers and Functions:
i. Governor is head of state, represents President at state level.
ii. All state executive actions done in Governor’s name.
iii. Governor summons Legislative Assembly, prorogues sessions.
iv. Addresses Assembly, outlines government policies.
v. Can recommend Assembly dissolution to President.
vi. Exercises discretionary powers with aid and advice of Council of Ministers led by Chief
Minister.
vii. Appoints Chief Minister, usually majority party leader.
viii. Dissolves Assembly typically on Chief Minister’s advice.
ix. Gives assent to bills passed by state legislature for becoming law.
x. Can withhold assent, send bills for reconsideration, or reserve for President’s consideration.
xi. Can reserve bills for President’s consideration.
xii. Special responsibilities in certain states under Article 371.
xiii. Role in proclaiming President’s Rule under Article 356.
xiv. Power to grant pardons, reprieves, etc., for state offenses.

30) What is the Qualification, Powers, and functions of State

Council of Ministers?

❖ Qualifications for Ministers (Article 164):

A person to be eligible for appointment as a minister in the State Council must:
• Be a citizen of India.
• Be a member of the Legislative Assembly or Legislative Council of the State.
• Not hold any office of profit under the Government of India or the Government of any State
or any local authority.
❖ Formation and Structure:
•The State Council of Ministers is headed by the Chief Minister.
•It is composed of Cabinet Ministers, Ministers of State (Independent Charge), and Ministers of
State.
❖ Chief Minister:
•The Chief Minister is the head of the State Council of Ministers.
•The Chief Minister is appointed by the Governor.
 •The Chief Minister is usually the leader of the majority party in the Legislative Assembly.
❖ Powers and Functions:
• The Chief Minister leads the state’s executive branch.
• The Chief Minister and other ministers run the government under the Governor’s authority.
• After becoming Chief Minister, they choose ministers to form the Cabinet.
• The Cabinet is made up of senior ministers who oversee different government departments.
• They make and execute government policies and decisions.
• The Chief Minister and ministers are also lawmakers.
• They participate in debates, answer questions, and propose laws.
• They are accountable to the Legislative Assembly.
• If the Assembly loses confidence in them, they must step down.
• Each minister is responsible for their department’s operations.
• They answer to the Assembly about their department’s work.
• Their authority comes from the state’s constitution and laws.
• Ministers pledge allegiance to the Constitution before taking office.
• They advise the Governor on most matters.
• They make decisions on administrative issues, policies, and programs.
• They play a key role in approving the state budget.

31) Write a note on Judicial Activism.

Judicial activism is a concept that originated in the US in 1947. It has been seen in India since the
Emergency days. The judiciary plays an important role in upholding and promoting the rights of citizens
in a country. The active role of the judiciary in upholding the rights of citizens and preserving the
constitutional and legal system of the country is known as judicial activism.
❖ Judicial Activism Methods:
There are various methods of judicial activism that are followed in India. They are:
a. Judicial review (power of the judiciary to interpret the constitution and to declare any such law
or order of the legislature and executive void, if it finds them in conflict with the Constitution)
b. PIL (The person filing the petition must not have any personal interest in the litigation, this
petition is accepted by the court only if there is an interest of large public involved; the
aggrieved party does not file the petition).
c. Constitutional interpretation
d. Access of international statute for ensuring constitutional rights
e. Supervisory power of the higher courts on the lower courts
❖ Significance:
a. Judiciary is an effective tool for upholding citizens’ rights and implementing constitutional
principles when the executive and legislature fails to do so.
b. Citizens have the judiciary as the last hope for protecting their rights when all other doors are
closed. The Indian judiciary has been considered as the guardian and protector of the Indian
Constitution.
c. Judicial activism counters the opinion that the judiciary is a mere spectator.
 ❖ Examples:
i. Golaknath case: The questions, in this case, were whether the amendment is a law; and whether
Fundamental Rights can be amended or not. SC contented that Fundamental Rights are not
amenable to the Parliamentary restriction as stated in Article 13 and that to amend the
Fundamental rights a new Constituent Assembly would be required. Also stated that Article 368
gives the procedure to amend the Constitution but does not confer on Parliament the power to
amend the Constitution.
ii. Kesavananda Bharati case: This judgement defined the basic structure of the Constitution. The SC
held that although no part of the Constitution, including Fundamental Rights, was beyond the
Parliament’s amending power, the “basic structure of the Constitution could not be abrogated
even by a constitutional amendment.” This is the basis in Indian law in which the judiciary can
strike down an amendment passed by Parliament that is in conflict with the basic structure of the
Constitution.

32) What is Independence of Judiciary?

Independence of judiciary means that the courts should be independent while forming the government and not come
under government or any other influence. An independent judiciary implies that the executive and legislative
branches must refrain from interfering with its operations. The judiciary should not represent the government or the
ruling party and should be free from all of their influences and interests. In an independent judiciary, judges should
be free to use their judicial authority without outside interference, restraint, or fear. The judiciary’s autonomy is
crucially protected by impartial judges, who also serve as the cornerstone of a just and impartial judicial system.

❖ The need for a separate judiciary:

o The judiciary is the most significant branch of the government and it prevents the executive and
legislative branches from abusing their authority. In a democracy, judicial independence is crucial.
To ensure that persons who come before them to seek justice and the public at large can have faith
that their cases will be judged properly and in accordance with the law, judges must be impartial and
separate from any outside forces as well as from one another.
o Judges must be free from any inappropriate influence while performing their judicial duties. Any
number of entities, including the executive branch, lawmakers, the media, and specific plaintiffs,
particularly pressure organizations, may exert such influence.

❖ Types of judicial independence: Two types of judicial independence predominate. These are decisional
independence and institutional or functional independence.

a. Decisional Independence:

o Judges can make decisions based on the law and facts without outside influence.
o Ensures fair and unbiased rulings.
o Protects judges from pressure from government, powerful individuals, or public opinion.

b. Institutional or Functional Independence:

o The judiciary as a whole operates independently from other branches of government (executive and
legislative).
o Courts have control over their own administration and budget.
o Prevents interference in the judicial process, ensuring the system is fair and impartial.

33) Define Judicial accountability.

Judicial accountability is a crucial aspect of any democratic system, ensuring that the judiciary remains
 transparent, responsible, and free from undue influence. It involves holding judges accountable for
their actions and decisions, ensuring they adhere to ethical standards and the principles of justice.

❖ Need for Judicial Accountability:

✓ To avoid any disastrous situation in the democratic system, there is a necessity for the individual
enjoying the ‘democratic republic’ power to be accountable for it. There should be comprehensive
accountability to include the judges, bureaucrats, and others vested with power, not only politicians.
The judicial system looks after the administration of justice by the courts’ agency.

✓ The discharge of the duties of the judges is revered, but there are many cases in which the judges’
decisions led to frustration in getting justice, and people tend to lose faith in the judiciary. Sometimes
to get justice, people tend to take it into their own hands. This is not a wanted situation; therefore,
judiciary accountability is done.

✓ Judicial accountability in India is also there. The judiciary body should have independence so that the
judge can act according to his oath to be fearless and not hold emotions such as ill will, affection and
favour in the court and uphold the country’s law and constitution.

✓ The Indian Constitution has put in Article 235 to have accountability as an aspect of independence.
Through this article, the High Court can have ‘control’ over the subordinate judiciary to put forth their
accountability.
34) Explain National Judicial Appointments Commission (NJAC).

✓ In August 2014, Parliament passed the Constitution (99 th Amendment) Act, 2014 along with the
NJAC Act, 2014, providing for the creation of an independent commission to appoint judges to the
Supreme Court and high courts to replace the collegium system.
✓ In 2015, the Supreme Court declared both the 99th Constitutional Amendment, 2014 and the NJAC
Act, 2014 as unconstitutional and null and void.
✓ The primary objective of the NJAC was to introduce greater transparency, accountability, and
diversity in the process of appointing judges to the higher judiciary, which includes the Supreme
Court and the High Courts.

❖ Composition of NJAC: The NJAC was proposed to be a constitutional body comprising six
members:
o The Chief Justice of India (CJI), who would be the ex-officio Chairperson.
o Two senior-most judges of the Supreme Court next to the CJI.
o The Union Minister of Law and Justice.
o Two eminent persons, to be nominated by the Prime Minister of India, the CJI, and the
leader of the opposition in the Lok Sabha or the leader of the largest opposition party in
the Lok Sabha.

❖ Functions of the National Judicial Appointments Commission:

o Recommending suitable candidates for the positions of Chief Justice of India, Judges of the
Supreme Court, Chief Justices of High Courts, and other Judges of High Courts.
o Facilitating the transfer of Chief Justices and other Judges of High Courts from one High
Court to another, as required.
Ensuring that the individuals recommended for judicial appointments meet the required criteria. It includes
ability, merit, and other qualifications mentioned in the regulations associated with the act.
35) What are the types of Emergency provisions in Indian
constitution?

Emergency provisions in Indian constitution are mentioned in part XVIII of the Indian constitution
from Article 352-360. These provisions help the central government to tackle any abnormal
situations. These provisions help federal nature transforms into unitary nature. The central
government becomes more powerful and has the authority to control the state.

❖ Types of Emergencies

i. National Emergency:

Grounds of Declaration:

✓ War: When armed forces are used between two countries.

✓ External Aggression: When there is no formal declaration of war but there is still military
conflict.
✓ Armed Rebellion: Internal disturbances that threaten the security of India, such as significant
uprisings (previously termed internal disturbance, changed by the 44th Amendment).

Duration and Approval:

✓ Requires parliamentary approval within one month.

✓ Initially valid for six months, can be extended indefinitely with parliamentary approval.
✓ Special majority needed in Parliament for continuation.

Effects:

✓ Transforms the federal structure into a unitary system, granting the Central government more
power.
✓ Parliament can legislate for the whole country or specific regions, overriding the State List.
✓ The Government of India can direct states on the exercise of their executive powers.
✓ Lok Sabha and state legislature terms can be extended by one year at a time.
✓ The President can alter the distribution of resources between the Union and States.
✓ Fundamental rights under Article 19 are immediately suspended.
✓ Other fundamental rights can be restricted by a presidential order.

Revocation:

✓ Can be revoked by the President anytime, without parliamentary approval.

✓ The Lok Sabha can disapprove of its continuation by a simple majority.

ii. President’s Rule (State Emergency)

Grounds of Declaration:

✓ Failure of the constitutional machinery in a state (Article 356).

✓ Based on the Governor’s report or other sources.

Duration and Approval:

 ✓ Requires approval from both houses of Parliament within two months.
✓ Can last for up to six months and extended with parliamentary approval, but not indefinitely
like a National Emergency.

Effects:
✓ The President assumes all or some functions of the state government, except those related to
the High Court.
✓ The state legislature’s powers are exercised by Parliament.
✓ Necessary provisions for implementation can be specified in the proclamation.

Consequences:

✓ State government is effectively dissolved, and the central government takes direct control.
✓ Cannot interfere with the functioning of the High Court.

iii. Financial Emergency

Grounds of Declaration:
✓ Threat to India’s financial stability or credit.

Duration and Approval:

✓ Requires approval from both houses of Parliament within two months.
✓ Continues indefinitely once approved, until revoked by the President.

Effects:

✓ The Union government gains control over state financial matters.

✓ Salaries and allowances of state employees, including judges, can be reduced.
✓ Money bills or financial bills passed by the state legislature can be reserved for the
President’s consideration.
36) What are the Consequences of Emergency Proclamations in
India?

National Emergency (Article 352):

✓ The federal structure changes, giving the Union government significant control over the states. The
President assumes certain powers.
✓ The President can suspend fundamental rights under Article 19, except those related to protection
against conviction for offenses.
✓ The President can change how revenues are distributed between the Union and the states.
✓ Parliament can make laws on subjects usually reserved for states.

President’s Rule or State Emergency (Article 356):

✓ The elected state government is dismissed. The Governor, appointed by the President, runs the state
with advisors.
✓ The Governor acts on behalf of the President, can dissolve the state assembly, and order fresh
elections.
✓ Parliament can make laws on state subjects.
✓ Extension Period can initially last for six months, but can be extended up to three years with
parliamentary approval.

Financial Emergency (Article 360):

✓ The President can reduce salaries and allowances of people serving in the Union, including judges.
✓ The President can also reduce salaries of Governors, the Speaker, the Deputy Speaker, and Union
Ministers.
✓ The President can issue directions to states on revenue distribution.
✓ Extension Period can initially valid for two months, can be extended every six months with
parliamentary approval.

37) What is the Judicial Review of Emergency Proclamations in

India?

National Emergency (Article 352):

✓ The Supreme Court can review the proclamation of a National Emergency.

✓ It checks if the President’s reasons for declaring the emergency meet constitutional criteria.
✓ The Court can investigate the facts and circumstances to see if they justify the emergency.
✓ If there are no valid grounds, the Court can strike down the proclamation.
✓ The Court also reviews if the emergency should continue and can direct its end if the reasons for it
no longer exist.

President’s Rule or State Emergency (Article 356):

✓ Courts, including the High Court and the Supreme Court, can review the imposition of President’s
Rule.
✓ The state’s High Court can examine if the reasons for imposing President’s Rule are valid.
✓ Courts check if there was a genuine breakdown of constitutional machinery in the state.
✓ They also review the continuation of President’s Rule to ensure ongoing justification.
✓ If the reasons for President’s Rule no longer apply, courts can direct its revocation.

Financial Emergency (Article 360):

 ✓ The Supreme Court can review the proclamation of a Financial Emergency.
✓ It checks if the President’s reasons for declaring the Financial Emergency meet constitutional
criteria.
✓ The Court examines if there was a real threat to India’s financial stability or credit.
✓ The continuation of a Financial Emergency is also subject to review.
✓ If the conditions justifying the Financial Emergency no longer exist, the Court can direct its end.

38) Explain the Doctrine of Basic Structure.

The Doctrine of the Basic Structure of the Constitution refers to the principle established by the Indian
Judiciary that certain core principles and features of the Constitution are inviolable and cannot be amended
or altered by the Parliament.
As per this doctrine, any amendment that seeks to alter or abolish these basic features is deemed
unconstitutional and void. Thus, this doctrine acts as a safeguard against arbitrary or radical changes to the
Constitution, ensuring its stability, continuity, and adherence to core constitutional values.

Evolution and Case Laws: Elements of the Basic Structure:

The idea of the Basic Structure started evolving
through various court cases and amendments.
• Shankari Prasad Case (1951): The
Supreme Court ruled that Parliament could
amend the Constitution, including
fundamental rights.
• Golak Nath Case (1967): The Court
changed its stance, saying Parliament could
not amend fundamental rights.
• 24th Constitutional Amendment Act
(1971): Parliament responded by asserting
its right to amend any part of the
Constitution, including fundamental rights.
• Kesavananda Bharati Case (1973): The
Supreme Court established the Basic
Structure Doctrine, ruling that while
Parliament can amend the Constitution, it
cannot alter its basic structure.
• 42nd Constitutional Amendment Act
(1976): Parliament tried to limit judicial
review, claiming no amendment could be
questioned.
• Minerva Mills Case (1980): The Supreme
Court struck down this limitation,
reaffirming the importance of judicial review
as part of the basic structure.
• Waman Rao Case (1981): The Court
confirmed that the Basic Structure Doctrine
applies to all amendments made after the
Kesavananda Bharati case.
Significance:
• Ensures the Constitution’s core values
• Supremacy of the Constitution
• Sovereign, Democratic, and Republican nature of the
polity
• Secular character of the Constitution
• Separation of powers between legislature, executive, and
judiciary
• Federal character of the Constitution
• Unity and integrity of the nation
• Welfare state (socio-economic justice)
• Judicial review
• Freedom and dignity of the individual
• Parliamentary system
• Rule of law
• Harmony between Fundamental Rights and Directive
Principles
• Principle of equality
• Free and fair elections
• Independence of the judiciary
• Limited power of Parliament to amend the Constitution
• Effective access to justice
• Fundamental rights principles
• Powers of the Supreme Court under Articles 32, 136,
141, and 142
• Powers of High Courts under Articles 226 and 227
Criticism:
• Critics argue it is not explicitly mentioned in the
 remain intact, balancing change and stability.
• Upholds the Constitution as the highest law.
• Ensures amendments adhere to values of
justice, equality, and fairness.
• Acts as a check against attempts to
undermine democratic institutions.
• Prevents frequent and radical changes,
maintaining legal system consistency.
• Safeguards democratic principles and
fundamental rights.
• Enhances the judiciary’s role as a guardian
of the Constitution.
Constitution.
• The doctrine’s elements are not precisely defined,
leading to potential judicial discretion and inconsistency.
• Determining what constitutes the Basic Structure can
vary among judges, resulting in different interpretations.
• Critics claim it gives too much power to the judiciary,
allowing judges to override elected representatives’
decisions.
• Some believe it violates this principle by letting the
judiciary intervene in legislative matters.
• Allows unelected judges to potentially overrule the
decisions of democratically elected bodies.
• May hinder the Constitution’s ability to adapt to new
challenges and societal needs.

39) What is a Constitutional Body? Mention the important

Constitutional Bodies in India.
Constitutional Body refers to an institution or authority that derives its powers and responsibilities
directly from the Constitution of India. The Constitution either directly establishes these entities or
mandates their creation, outlining their composition, powers, functions, and duties. These bodies are
explicitly mentioned in the Constitution, making them a fundamental part of the country’s governance
and administrative structure.

i. Election Commission of India (ECI)

ii. Union Public Service Commission (UPSC)
iii. State Public Service Commission (SPSC)
iv. Finance Commission of India (FCI)
v. Goods and Services Tax Council (GST Council)
vi. National Commission for Scheduled Castes (NCSC)
vii. National Commission for Scheduled Tribes (NCST)
viii. National Commission for Backward Classes (NCBC)
ix. Special Officer for Linguistic Minorities (CLM)
x. Comptroller and Auditor General of India (CAG)
xi. Attorney General of India (AGI)
xii. Advocate General of the State (AGS)

40) Union Public Service Commission (UPSC)

✓ Constitutional Provision(s) : Article 315 to Article 323

✓ Composition:
✓ A Chairman and such number of other members as determined by the President of India.
✓ Appointment: By the President of India.
✓ Tenure: 6 years or until they attain the age of 65 years, whichever is earlier.
✓ Removal: By the President of India, in the manner and on the grounds mentioned in the
Constitution. In case of ground of ‘Misbehavior’, the President has to refer the matter to the
Supreme Court for an enquiry. If the Supreme Court upholds the cause of removal and advises so,
the President can remove the Chairman or a member of the UPSC.
✓ Resignation: Can resign by writing to the President of India.
✓ Post-Tenure Appointment(s):
o Chairman is not eligible for any further employment.
o Other members are eligible for appointment as the Chairman of UPSC or a State Public
 Service Commission, but not for any other employment.
o The Chairman or a member is not eligible for the second term.
✓ Duties and Powers: The UPSC is the central recruiting agency in India.

41) State Public Service Commission (SPSC)

✓ Constitutional Provision(s): Article 315 to Article 323

✓ Composition: A Chairman and such number of other members as determined by the Governor.
✓ Appointment: By the Governor of the state.
✓ Tenure: 6 years or until they attain the age of 62 years, whichever is earlier.
✓ Removal:
✓ Resignation: Can resign by writing to the Governor.
✓ Post-Tenure Appointment(s):
o Chairman is eligible for appointment as the Chairman or a member of the UPSC or as the
chairman of any other SPSC, but not for any other employment.
o Other members are eligible for appointment as the chairman or a member of the UPSC or as the
chairman of that SPSC or any other SPSC, but not for any other employment.
o The Chairman or a member is not eligible for the second term.
✓ Powers: The SPSC conducts the examinations for the appointment to the services of the State.

42) Election Commission of India (ECI)

✓ Constitutional Provision(s): Article 324

✓ Composition: A Chief Election Commissioner and such number of other Election Commissioners
as determined by the President of India.
o At Present: Chief Election Commissioner and Two Election Commissioners
✓ Appointment: By the President of India on the recommendation of a three-membered Selection
Committee consisting of:
o The Prime Minister of India
o A Union Minister nominated by the Prime Minister
o The Leader of Opposition (LoP) in the Lok Sabha
✓ Tenure: 6 years or until they attain the age of 65 years, whichever is earlier.
✓ Removal: Chief Election Commissioner can be removed in the same manner and on the same
grounds as a judge of the Supreme Court.
o Other Election Commissioners can be removed on the recommendation of the Chief
Election Commissioner.
✓ Resignation: Can resign by writing to the President of India.
✓ Post-Tenure Appointment(s): Eligible for further appointment by the Union Government.
✓ Duties and Powers: Power of superintendence, direction, and control of elections to Parliament,
State Legislatures, the offices of President of India, and Vice-President of India.

43) Attorney General of India (AGI)

✓ Constitutional Provision(s): Article 76, Article 88, Article 105.

✓ Appointment: By the President of India.
✓ Term: Not fixed by the Constitution.
✓ Resignation: Can resign by writing to the President of India.
✓ Remuneration: Determined by the President.
✓ Functions: Acts as the primary lawyer of the Central Government and advises it on all legal
matters along with representing it in the Supreme Court and High Courts.

44) Advocate General of the State (AGS)

 ✓ Constitutional Provision(s): Article 165, Article 177, Article 194
✓ Appointment: By the Governor of the State.
✓ Term: Not fixed by the Constitution.
✓ Resignation: Can resign by writing to the Governor of the State.
✓ Remuneration: Determined by the Governor.
✓ Functions: Acts as the primary lawyer of the State Government and advises it on all legal matters
along with representing it in the Supreme Court and High Courts.

45) Comptroller and Auditor General of India (CAG)

✓ Constitutional Provision(s): Article 148 to Article 151
✓ Appointment: By the President of India.
✓ Tenure:6 years or up to the age of 65 years, whichever is earlier.
✓ Resignation: Can resign by writing to the President.
✓ Removal: By the President on the same grounds and in the same manner as a judge of the
Supreme Court.
✓ Functions: To audit the receipts and expenditures of the Central Government, State
Governments, and other bodies that receive funding
from the Government.

46) Finance Commission of India (FCI)

✓ Constitutional Provision(s): Article 280

✓ Composition: A Chairman and four other members.
✓ Appointment: By the President of India.
✓ Term: Specified by the President in his/her order.
✓ Post-Tenure Appointment(s): Eligible for reappointment.
✓ Functions: To make recommendations regarding
o The distribution of the net proceeds of taxes to be shared between the Centre and the
states, and the allocation between the states of the respective shares of such proceeds.
o The principles that should govern the grants-in-aid to the states by the Centre (i.e., out of
the Consolidated Fund of India).
o The measures needed to augment the Consolidated Fund of a State to supplement the
resources of the Panchayats and the Municipalities in the State on the basis of the
recommendations made by the State Finance Commission.
o Any other matter referred to it by the President in the interests of sound finance.

47) National Commission for Scheduled Castes (NCSC)

✓ Constitutional Provision(s): Article 338

✓ Composition : A Chairperson, a Vice-Chairperson, and three other members.
✓ Appointment: By the President of India.
✓ Tenure: 3 years
✓ Post-Tenure Appointment(s): Not eligible for the appointment for more than two terms.
✓ Functions: To provide safeguards against the exploitation of the Scheduled Castes and
Anglo-Indian Community as well as to protect their social, economic, educational, and
cultural interests

48) National Commission for Scheduled Tribes (NCST)

✓ Constitutional Provision(s): Article 338-A

✓ Composition: A Chairperson, a Vice-Chairperson, and three other members.
 ✓ Appointment: By the President of India.
✓ Tenure: 3 years
✓ Post-Tenure Appointment(s): Not eligible for the appointment for more than two terms.
✓ Functions: To provide safeguards against the exploitation of the Scheduled Tribes as well as
to protect their social, economic, educational, and cultural interests.

49) National Commission for Backward Classes (NCBC)

✓ Constitutional Provision(s): Article 338-B

✓ Constitutional Amendment Act: 102nd Constitutional Amendment Act of 2018
✓ Composition: A Chairperson, a Vice-Chairperson, and three other members.
✓ Appointment: By the President of India.
✓ Tenure: 3 years.
✓ Post-Tenure Appointment(s) : Not eligible for the appointment for more than two terms.
✓ Functions: To provide safeguards against the exploitation of the socially and educationally
Backward Classes (BCs) as well as to protect their social, economic, educational, and cultural
interests.

50) Functions of NCSC, NCST and NCBC

Functions of the NCSC Functions of the NCST Functions of NCBC

• The major functions of the
National Commission for SCs
include:
• To investigate and monitor all
matters relating to the
constitutional and other legal
safeguards for the Scheduled
Castes and to evaluate their
working.
• To inquire into specific
complaints with respect to the
deprivation of rights and
safeguards of the Scheduled
Castes.
• To participate and advise on the
planning process of socio-
economic development of the
Scheduled Castes and to
evaluate the progress of their
development under the Union
or a State.
• To present to the President,
annually or at such other times
as it may deem fit, reports upon
the working of those
safeguards.
The major functions of the
National Commission for STs
include:
• To investigate and monitor
all matters relating to the
constitutional and other legal
safeguards for the Scheduled
Tribes and to evaluate their
working.
• To inquire into specific
complaints with respect to
the deprivation of rights and
safeguards of the Scheduled
Tribes.
• To participate and advise on
the planning process of
socio-economic development
of the Scheduled Tribes and
to evaluate the progress of
their development under the
Union or a State.
• To present to the President,
annually and at such other
times as it may deem fit,
reports upon the working of
those safeguards.
• To make recommendations
The major functions of the
National Commission for
Backward Classes (NCBC)
include:
• To investigate and monitor all
matters relating to the
constitutional and other legal
safeguards for the socially and
educationally backward classes
and to evaluate their work.
• To inquire into specific
complaints with respect to the
deprivation of rights and
safeguards of the socially and
educationally backward classes.
• To participate and advise on the
socio-economic development of
the socially and educationally
backward classes and to
evaluate the progress of their
development under the Union or
a State.
• To present to the President,
annually and at such other times
as it may deem fit, reports upon
the working of those safeguards.
• To make recommendations as
to the measures that should be
taken by the Union or a State
for the effective
implementation of those
safeguards and other measures
for the protection, welfare, and
socio-economic development of
the Scheduled Castes.
as to the measures that
should be taken by the Union
or a State for the effective
implementation of those
safeguards and other
measures for the protection,
welfare, and socio-economic
development of the
Scheduled Tribes.
• To make recommendations as to
the measures that should be
taken by the Union or a State
for the effective implementation
of those safeguards and other
measures for the protection,
welfare, and socio-economic
development of the socially and
educationally backward classes.

• To discharge such other • To discharge such other • To discharge such other

functions in relation to the functions in relation to the functions in relation to the
protection, welfare, protection, welfare, protection, welfare,
development, and advancement development, and development, and advancement
of the Scheduled Castes as the advancement of the of the socially and educationally
President may specify. Scheduled Tribes as the backward classes as the
President may specify. President may specify.

51) Freedom of trade, commerce, and intercourse

The freedom of trade, commerce, and intercourse is provided under Part XIII of the Indian Constitution in
Articles 301 to 307.

❖ Trade: Trade means buying and selling of goods for profit-making purposes. In the context of
Article 301, trade isn’t limited to mere transactions but extends to organized activities that have
a clear economic purpose. It’s synonymous with business, emphasizing its organized nature.
❖ Commerce: Commerce encompasses the entire spectrum of activities that facilitate trade. This
includes transportation, communication, and any medium that aids the movement of goods and
services. It’s the backbone that supports trade, ensuring that goods reach from producers to
consumers.
❖ Intercourse: The term “intercourse” in Article 301 is used in juxtaposition with trade and
commerce, implying “commercial-intercourse.” It doesn’t refer to purposeless motion but to
meaningful commercial interactions. However, for the purpose of Article 301, the focus is
primarily on commercial intercourse, ensuring a seamless flow of trade across states.

➢ Article 301: Freedom of Trade, Commerce, and Intercourse

✓ This article guarantees that trade, commerce, and intercourse (movement of goods and services)
throughout India shall be free. This means that there should be no barriers or restrictions on the
movement of goods between different states or within states.
✓ Example: If a farmer in Punjab wants to sell wheat to a buyer in Maharashtra, there should be
no restrictions or taxes that hinder this transaction.
➢ Article 302: Power of Parliament to Impose Restrictions
✓ Parliament can impose restrictions on trade, commerce, and intercourse between states if it is
necessary in the public interest.
✓ Example: If there’s a health crisis, Parliament might temporarily restrict the movement of
certain goods to prevent the spread of disease, like restricting the sale of infected livestock
across states.
➢ Article 303: Restrictions on the Legislative Powers of the Union and of the States with Regard to
Trade and Commerce
✓ Neither Parliament nor state legislatures can make laws that favor one state over another or
 discriminate against any state in terms of trade and commerce.
✓ Exception: However, if there is a scarcity of goods, Parliament can make laws giving
preference to a particular state.
✓ Example: During a drought, Parliament may prioritize the distribution of water supplies to the
most affected states without being accused of discrimination.
➢ Article 304: Restrictions on Trade, Commerce, and Intercourse Among States
✓ State legislatures can impose reasonable restrictions on trade, commerce, and intercourse with
or within that state if needed for public interest, but this requires the President’s sanction.
✓ States can also impose taxes on goods from other states if they impose similar taxes on their
own goods.
✓ Example: If Karnataka imposes a tax on apples produced within the state, it can also impose a
similar tax on apples coming from Himachal Pradesh, ensuring fairness.
➢ Article 305: Saving of Existing Laws and Laws Providing for State Monopolies
✓ This article protects laws that were in place before the Constitution came into effect, ensuring
they remain valid unless amended or repealed.
✓ States can establish monopolies in certain areas if it is in the public interest.
✓ Example: If a state government had a law regulating the sale of alcohol before the
Constitution, this law remains valid.
➢ Article 306: [Repealed]: This article was repealed by the Constitution (Seventh Amendment) Act,
1956, and is no longer in effect.
➢ Article 307: Appointment of Authority for Carrying Out the Purposes of Articles 301 to 304
✓ Parliament can appoint an authority to oversee the implementation of the provisions related to
trade, commerce, and intercourse to ensure smooth functioning.
✓ Example: A regulatory body could be established to monitor and resolve disputes related to
interstate trade barriers.

52) Landmark Judgments

State of Mysore vs Sanjeeviah (1967) Automobile Transport Ltd. Vs State of Rajasthan

Facts: Under the Mysore Forest Act, 1900, a law was
enacted prohibiting the movement of forest produce
between sunrise and sunset.
Issues: Whether it was violative of the freedom guaranteed
Article 301 of the Constitution?
Judgment: The Supreme Court declared the law void,
stating that it was restrictive and not merely regulatory.
Such a restriction was in violation of the freedom provided
under Article 301. The court, in this case, highlighted the
state’s role, asserting that states could regulate trade if it
was in the public interest.
(1963)
Facts: Rajasthan imposed an annual tax on motor
vehicles. The government argued this was to prevent
unhealthy competition between omnibuses and
regular buses.
Issues: The appellant challenged the validity of the
tax levied under Article 301. Now whether the tax
levied was constitutionality correct or not had to be
checked.
Judgement: The Supreme Court held the tax as
compensatory and regulatory, not violating Article
301. This case further clarified the scope of
restrictions, stating that regulatory measures or
compensatory taxes would not violate Article 301.

Atiabari Tea Co. vs the State of Assam (1961) G.K. Krishna vs State of Tamil Nadu (1975)

Facts: Assam Taxation Act imposed a tax on goods Facts: A government notification under the Madras
transported through Inland Waterways and road. The Motor Vehicles Act increased the motor vehicle tax
petitioner transported tea to Calcutta via Assam and was on omnibuses. The government justified this increase
taxed under this Act. by stating it was to curb unhealthy competition
between omnibuses and regular stage carriage buses.
Issues: The rationality of The Assam Taxation Act of 1954 Issues: The petitioner in his argument questioned:
was questioned on the grounds that: • whether the tax was compensatory or regulatory?
• whether it was a barrier to the freedom of trade,
● whether it is violative of Article 301 or not? commerce, and intercourse or not?
● whether it could be protected by making it fall under the
ambit of Article 304 (b) or not? Judgment: The Supreme Court upheld the tax,
deeming it compensatory and regulatory in nature.
Judgement:The Supreme Court ruled that the tax directly The tax was not seen as a direct impediment to the
infringed the movement of goods, making it violative of freedom of trade but rather a measure to facilitate
Article 301. The tax was deemed unconstitutional. A organized and fair trade practices. A landmark
seminal case that emphasized the importance of Article judgment that delved deep into the meaning of
301. The court held that any restriction on trade and ‘freedom’ in Article 301, emphasizing that it meant
commerce would be unconstitutional unless it was justified freedom from restrictive and not regulatory
by subsequent articles. measures.

53) COOPERATIVE SOCIETIES

The 97th Constitutional Amendment Act of 2011 gave constitutional status and protection to co-
operative societies. In this context, it made the following three changes in the constitution:

• It made the right to form co-operative societies a fundamental right (Article 19).
• It included a new DPSP on promotion of cooperative societies (Article 43-B).
• It added a new Part IX-B in the Constitution which is entitled “The Cooperative Societies”
(Articles 243-ZH to 243-ZT).

Part IX-B of the constitution contains the following provisions:

➢ Incorporation of co-operative societies:

✓ The state legislature may make provisions for the incorporation, regulation and winding-up of
co-operative societies. (Article 243 ZI).

➢ Number and Term of Members of Board and its Office Bearers: (Article 243 ZJ)
✓ The board shall consist of such number of directors as may be provided by the state
legislature but it shall not exceed twenty-one.
✓ The term of office of elected members of the board and its office bearers shall be five years
from the date of election and election of a board shall be conducted before the expiry of the
term of the current board (Article 243 ZK) by such body, as may be provided by the state
legislature.

➢ Reservation of seats:
The state legislature shall provide for the reservation of one seat for the SC or the ST and two seats for
women on the board of every co-operative society having members from such a category of persons.

➢ Co-opted members:

The state legislature shall make provisions for co-option of persons having experience in the field of
banking, management, finance etc. to the board whose numbers shall not exceed two (in addition to
twenty-one directors) without any right to vote.

➢ Supersession and Suspension of Board and Interim Management (Article 243 ZL)

No board shall be superseded or kept under suspension for a period exceeding six months. (In case of
cooperative banks, other than multi-state cooperative banks, this period cannot exceed one year).
However, the board of any such co-operative societies shall not be superseded or kept under suspension
where there is no Government shareholding or loan or financial assistance or any guarantee by the
Government.

➢ Audit of Accounts of co-operative society (Article 243 ZM)

The state legislature may make provisions for the maintenance and auditing of accounts of the co-operative
society (within six months of the close of the financial year) at least once in each financial year.

➢ Application to multi-state co-operative society:

The provisions of this part shall apply to the multi-state co-operative society and these will come under the
ambit of the central government.

➢ Application to Union Territories:

The provisions of this part shall apply to the Union territories. But the President may direct that the
provisions of this part shall not apply to any Union territory or part thereof as he may specify in the
notification. (Article 243 ZS)