(QUE)procedure for constitutional amendment

ANS ;- The Constitution of India, as the supreme law of the land,

should be responsive to changing needs and situations. The provision
for amendment of the Constitution of India under Article
368 accommodates this requirement.
Meaning of the Amendment of the Constitution
The Amendment of the Constitution refers to the process of making
changes such as the addition, variation, or repeal of any provision of
the Constitution in accordance with the procedure laid down for the
purpose. The purpose of Constitutional Amendments is to ensure
that the Constitution remains a living document capable of adapting
to changing circumstances while upholding its fundamental
principles and values.
Provisions of Amendment of Indian Constitution
The Indian Constitution, being a living document, provides for its
amendment. The detailed provisions regarding the Amendment of the
Constitution of India are contained in Article 368 in Part XX of the
Indian Constitution. These provisions define the process and scope of
amending the Constitution.
 Various aspects of the Amendment of the Constitution of India are
dealt with in detail in the sections that follow.
Procedure for Amendment to the Indian Constitution

 The procedure for the Amendment of the Constitution of India as per

Article 368 is as follows:
 A bill for the amendment of the Constitution can be introduced only
in either house of the Parliament, not in the State Legislatures.
 The bill can be introduced either by a minister or by a private
member and does not require prior permission of the President.
 The bill must be passed in each House by a Special Majority, that is,
a majority (more than 50 percent) of the total membership of the
House and a majority of two-thirds of the members of the House
present and voting.
 Each House must pass the bill separately. In case of a disagreement
between the two Houses, there is no provision for holding a joint
sitting of the two Houses for deliberation and passage of the bill.
 If the bill seeks to amend the federal provisions of the Constitution,
it must also be ratified by the legislatures of half of the states by
 a Simple Majority, that is, a majority of the members of the House
present and voting.
 After duly passed by both Houses of Parliament and ratified by the
State Legislatures, where necessary, the bill is presented to the
President for his/her assent.
 The President must give his assent to the bill. He can neither
withhold his assent to the bill nor return the bill for reconsideration
by the Parliament.
 After the President’s assent, the bill becomes an Act (i.e.
a Constitutional Amendment Act), and the Constitution stands
amended as per the changes made by the Act.

Types of Amendments in Indian Constitution

 Article 368 of Indian Constitution provides for two types of

amendments:
 By a Special Majority of Parliament (50% of the total membership of
the House + 2/3rd of the members present and voting),
 By a Special Majority of Parliament plus ratification of 1/2 of the
states by a Simple Majority,
 One other type of amendment can be done by a Simple Majority of
Parliament.
 However, these amendments are not deemed to be amendments for
the purpose of Article 368.
 Therefore, the Constitution can be amended in three ways:
 Amendment by a simple majority of the Parliament,
 Amendment by a special majority of the Parliament, and
 Amendment by a special majority of the Parliament and the
ratification of half of the State Legislatures.
 The process and scope of each type of amendment are discussed in
detail below.

By Simple Majority of Parliament

 Several provisions in the Indian Constitution can be amended by a

Simple Majority i.e. 50 percent of members present and voting.
 It is to be noted that these amendments fall outside the scope of
Article 368.
 A few examples of the provisions that can be amended by simple
majority are:
 Admission or establishment of new states,
 Formation of new states and alteration of areas, boundaries, or
names of existing states,
 Abolition or creation of Legislative Councils in states, etc.

By Special Majority of Parliament

 The majority of the provisions in the Constitution can be amended

only by a Special Majority (more than 50 percent of the total
membership of the House and a majority of two-thirds of the members
of that House present and voting).
 The provisions that can be amended by Special Majority are:
 Fundamental Rights,
 Directive Principles of State Policy,
 All other provisions that are not covered by the first and third
categories.

By Special Majority of the Parliament and Consent of Half States

 The provisions of the Constitution that are related to the federal

structure of the Indian polity require for their amendment a Special
Majority of the Parliament along with the consent of half of the state
legislatures by a Simple Majority.
 The following points are to be noted w.r.t. these types of
amendments:
 It does not require that all the states give their consent to the bill.
The moment half of the states give their consent, the formality is
completed and the bill is passed.
 The constitution has not prescribed any time limit within which the
states should give their consent to the bill.
 A few examples of the provisions that can be amended this way are:
 Election of the President and its manner,
 Extent of the executive power of the Union and the States,
 Provisions related to the Supreme Court and High courts, etc.

Basic Structure of the Constitution

 The Basic Structure of the Indian Constitution refers to a set of core

principles deemed essential, which cannot be destroyed or altered
through amendments by the Parliament. This concept, though not
explicitly mentioned in the Constitution, was established by the
Supreme Court in the landmark Kesavananda Bharati case (1973).
 The Doctrine of Basic Structure is a check on the amending power
of the Parliament and ensures that the fundamental ethos, principles,
 and the underlying framework of the Constitution remain intact,
preserving its spirit.

Significance of the Constitutional Amendment

The provision for amendment of the Indian Constitution carries
multifarious significance as listed below:

 Adaptability in Governance: The Constitution lays down fundamental

principles of governance. A diverse and constantly evolving country
like India cannot be governed by a set of fixed rules. The amendment
of the constitution enables to bring changes in governance as per
needs and situations.
 Accommodating New Rights: With rising awareness, various sections
of society are becoming assertive of their rights. For example, of
late, the LGBT community has been demanding their rights. The
amendment enables providing for such rights.
 Evolution of New Rights: New interpretations of the Constitution led
to the evolution of new rights. For example, a new interpretation of
the Right to Life and Personal Liberty gave rise to the Right to
Privacy. The amendment enables accommodating such rights.
 Addressing Emerging Issues: It enables addressing new emerging
trends like bans, vigilantism, etc.
 Bringing Social Reform: It enables the eradication of outdated socio-
cultural practices to usher in modernity.

Criticism of the Amendment Procedure

The procedure for amendment of the Indian constitution has been
criticized on the following grounds:

 There is no provision for a special body for amending the

Constitution such as the Constitutional Convention or Constitutional
Assembly. The constituent power is vested in the Legislative Body
itself i.e. the Parliament and the State Legislatures (in a few cases).
 There is no provision for a special process for amending the
Constitution. Except for the requirement of Special Majority, the
process of amendment is similar to that of a legislative process.
 The power to initiate an amendment lies only with the
Parliament. The states have no such powers (except for passing a
resolution to create or abolish state legislative councils).
 A major part of the Constitution can be amended by the Parliament
alone. Only in a few cases, the consent of the state legislatures is
required, and that too, only half of them.
 Lack of provision for holding a joint sitting of both Houses of
Parliament for a constitutional amendment bill, sometimes, leads to
the situation of a deadlock.
 The provisions relating to the amendment procedure, being too
sketchy, leave a wide scope for creating disputes and taking the
matters to the judiciary.

The process of amending the constitution is a crucial aspect

of maintaining the relevance and adaptability of India’s legal
framework to changing societal needs and circumstances. These
constitutional amendments have played a significant role in shaping
the country’s governance and legal framework. It ensures that the
Constitution remains a living document, reflective of its people’s
aspirations, challenges, and evolving societal values, ensuring its
relevance and efficacy for generations to come.
Important Amendments in the Indian Constitution
AmendmentsProvisions1st Amendment Act of 1951It added the Ninth
Schedule of the Constitution which includes a list of Central and
State laws that cannot be challenged in courts.42nd Amendment Act
of 1976– Three terms (i.e., socialist, secular, and integrity) were
added in the Preamble.
– It added Fundamental Duties (new Part IVA) in the
Constitution.44th Amendment Act of 1978– It replaced the term
‘internal disturbance’ with ‘armed rebellion’ which was related to
National Emergency (Article 352).
– It deleted the Right to Property from the Fundamental Rights and
made it a legal right.61st Amendment Act of 1988It lowered the
voting age from 21 years to 18 years.

Q2. Provision relating to formation and power of the election

commission of india .

Ans. The Constitution provides the Election Commission of India with the power of
direction, superintendence, and control of elections to parliament, state legislatures, the
office of president of India and the office of vice-president of India.
The Election Commission is an all-India body that is common to both the Central
government and the State governments. It must be noted here that the commission
does not deal with the elections to the Municipalities and Panchayats in the states.
Hence, a separate State Election Commission is provided by the Constitution of India.

Constitutional Appointment of ECI

Since its inception in 1950 and till 15 October 1989, the election commission was a
one-member body with only the Chief Election Commissioner (CEC) as its sole
member.
 On 16 October 1989, the voting age was changed from 21 to 18 years. So, two
more election commissioners were appointed by the president in order to cope with
the increased work of the election commission.
 Since then, the Election Commission was a multi-member body that consisted of 3
election commissioners.
 Later on, the two posts of election commissioners were eliminated in January 1990
and the Election Commission was reverted to the previous position.
 This was repeated again later in October 1993 when the president appointed two
more election commissioners. Since then, the Election Commission functions as a
multi-member body comprising of 3 commissioners.
 The chief and the two other election commissioners have the same powers and
emoluments including salaries, which are the same as a Supreme Court judge.
  In case of a difference of opinion amongst the Chief Election Commissioner and/or
two other election commissioners, the matter is decided by the Commission by a
majority.
 The office is held by them for a term of 6 years or until they attain 65 years,
whichever happens first. They can also be removed or can resign at any time
before the expiry of their term.

Independence of the Election Commission

Article 324 of The Constitution of India mentions the provisions to safeguard and
ensure the independent and impartial functioning of the Election Commission which is
as follows.
 The chief election commissioner is provided with security of tenure. He cannot be
removed from his office except in the same manner and on the same grounds as a
judge of the Supreme Court. In other words, he can be removed by
the President on the basis of a resolution passed to that effect by both the Houses
of Parliament with a special majority, either on the ground of proved misbehaviour
or incapacity.
 Thus, he does not hold his office until the pleasure of the president, though he is
appointed by him.
 The service conditions of the chief election commissioner cannot be varied to his
disadvantage after his appointment.
  Any other election commissioner or a regional commissioner cannot be removed
from office except on the recommendation of the chief election commissioner.
 Though the constitution has sought to safeguard and ensure the independence
and impartiality of the Election Commission, some flaws can be noted, ie:
 The Constitution has not prescribed the qualifications (legal, educational,
administrative or judicial) of the members of the Election Commission.
 The Constitution has not specified the term of the members of the Election
Commission.
 The Constitution has not debarred the retiring election commissioners from
any further appointment by the government.

Powers, Functions, and Responsibilities of Election Commission

Among the major Constitutional Bodies in India, Election Commission is a permanent
Constitutional Body. It was established in accordance with the Constitution on 25th
January 1950.
 The Constitution has vested to this body superintendence, direction and control of
the entire process for conduct of elections.
 The Commission’s functions and powers with respect to elections to the offices of
the President, the Vice President, the state legislators and the Parliament are
divided under three headings:
  Administrative
 Advisory

 Quasi-judicial

Aspirants preparing for Civil Services exam can go through other such bodies on the
links provided below-
1. Types of Constitutional Bodies
2. Constitutional, Statutory and Quasi-Judicial Bodies

Powers of Election Commission of India

In details, these powers of the Election Commission of India are:
 Determining the Electoral Constituencies’ territorial areas throughout the country
on the basis of the Delimitation Commission Act of Parliament.
 Preparing and periodically revising electoral rolls and registering all eligible voters.
 Notifying the schedules and dates of elections and scrutinising nomination papers.
 Granting recognition to the various political parties and allocating them election
symbols.
 Acting as a court to settle disputes concerning the granting of recognition to
political parties and allocating election symbols to the parties.
 Appointing officers for inquiring into disputes concerning electoral arrangements.
  Determining the code of conduct to be followed by the political parties and
candidates during elections.
 Preparing a program for publicising the policies of all the political parties on various

media like TV and radio during elections.

 Advising the President on matters concerning the disqualification of MPs.

 Advising the Governor on matters concerning the disqualification of MLAs.

 Cancelling polls in case of booth capturing, rigging, violence and other

irregularities.
 Requesting the Governor or the President for requisitioning the staff required for

conducting elections.
 Supervising the machinery of elections throughout the country for ensuring the

conduct of free and fair elections.

 Advising the President on whether elections can be held in a state that is under the

President’s rule, in order to extend the period of emergency after 1 year.

 Registering political parties and granting them the status of national or state parties

(depending on their poll performance).

The Commission is aided in its function by deputy election commissioners. The deputy
ECs are taken from the civil services and they are appointed by the Commission. They
have a fixed tenure. They are aided by the secretaries, deputy secretaries, joint
secretaries and under-secretaries posted in the commission’s secretariat.

Functions of Election Commission

 1. To direct and control the entire process of conducting elections to Parliament and
Legislature of every State and to the offices of President and Vice-President of
India.
2. To decide the election schedules for the conduct of periodic and timely elections,
whether general or bye-elections
3. To decide on the location of polling stations, assignment of voters to the polling
stations, location of counting centres, arrangements to be made in and around
polling stations and counting centres and all allied matters
4. To prepare electoral roll and issues Electronic Photo Identity Card (EPIC)
5. To grant recognition to political parties & allot election symbols to them along with
settling disputes related to it
6. To sets limits of campaign expenditure per candidate to all the political parties, and
also monitors the same
7. To advise in the matter of post-election disqualification of sitting members of
Parliament and State Legislatures.
8. To issue the Model Code of Conduct in the election for political parties and
candidates so that no one indulges in unfair practice or there is no arbitrary abuse
of powers by those in power.

Composition of Election Commission

Article 324 of the Constitution has made the following provisions with regard to the
composition of the election commission:
  The President appoints the Chief Election Commissioner and other election
commissioners.
 When any other EC is so appointed, the CEC acts as the Election Commission’s
Chairman.
 The President can also appoint regional commissioners to assist the Commission,
if necessary after consulting with the Election Commission.
 The tenure of office and the conditions of service of all the commissioners shall be
determined by the country’s President.

Importance of Election Commission for India

 The Election Commission has been successfully conducting national as well as
state elections since 1952. Now, it plays an active role to ensure the greater
participation of people.
 The Commission has brought discipline among the political parties with a threat of
derecognizing if the parties failed in maintaining inner-party democracy.
 It supports the values preserved in the Constitution viz, equality, equity,
impartiality, independence; and rule of law in superintendence, direction, and
control over the electoral governance.
 ECI helps in conducting elections with the highest standard of credibility, fairness,
transparency, integrity, accountability, autonomy and professionalism.
  In the electoral process, it ensures the participation of all eligible citizens in an
inclusive voter-centric and voter-friendly environment.
 The Election Commission of India engages with political parties and all
stakeholders in the interest of the electoral process.
 It creates awareness about the electoral process and electoral governance
amongst stakeholders (political parties, voters, election functionaries, candidates
and people at large) to enhance and strengthen confidence and trust in the
electoral system of this country.

Challenges faced by Election Commission

1. Increased violence and electoral malpractices under influence of money have
resulted in political criminalization, which ECI is unable to arrest.
2. Election Commission is not adequately equipped to regulate the political parties.
It has no power in enforcing inner-party democracy and regulation of party
finances.
3. ECI is becoming lesser independent of the Executive which has impacted its
image.
4. Allegations of EVMs malfunctioning, getting hacked and not registering votes,
corrodes the trust of the general masses in ECI.

Way Forward – ECI

  Until the controversy related to glitches in EVM settles down, the commission
needs to establish its trust amongst people by installing ( Voter Verifiable Paper
Audit Trail System ) VVPATS in more and more constituencies.
 The challenge before ECI is to be vigilant and watchful against the collusion at the
lower level of civil and police bureaucracy in favour of the ruling party of the day.
 2nd ARC report recommended that collegium headed by the Prime Minister with
the Speaker of the Lok Sabha, the Leader of Opposition in the Lok Sabha, the Law
Minister and the Deputy Chairman of the Rajya Sabha as members should make
recommendations for the consideration of the President for the appointment of the
Chief Election Commissioner and the Election Commissioners.
Que 3. Trade, commerce, and intercourse within the territory of india.

ANS. Introduction
Trade has always been important because no country or state can produce all the
products it needs. For this reason, we need regulations and laws governing, managing
and facilitating trade. The freedom of trade, commerce, and intercourse is provided
under Part XIII of the Indian Constitution in Articles 301 to 307. Article 301 lays down
the general principles of trade and commerce whereas Article 302 to 305 enunciates
the restrictions which trade is subjected to. The source for adopting these provisions
was the Australian Constitution.
The object of such provisions in a Federal Constitution
The makers of the Constitution wished to encourage the free flow of trade
and commerce in India because, according to them, a country should work
as a single economic unit without any barriers or obstacles in internal trade.
They perceived that economic unity and integration of the nation would be
the main sustaining power for stability and cultural unity of the federal
polity.

In a federation, it is essential to reduce the barriers (tariffs, non-tariffs,

quotas, etc.) between the states as much as possible so that the people feel
that they are members of the same country though living in different
geographical areas of the nation.

Freedom of trade, commerce, and intercourse

Article 301 talks about the freedom of trade, commerce, and intercourse
throughout the country. It states that subject to other provisions under Part
XIII, the freedom to carry on these activities shall be free. Freedom here
means the right to freedom of movement of persons, property, things that
may be tangible or intangible, unobstructed by barriers within the state
(intra-scale) or across the states (inter-scale).
The three main words used in this article are:

Trade

Trade means buying and selling of goods for profit-making purposes. Under
Article 301, the word trade means an actual, organized & structured activity
with a definite motive or purpose. For the motive of Article 301, the word
trade is interchangeably used with business.

Commerce

Commerce means transmission or movement by air, water, telephone,

telegraph or any other medium; what is essential for commerce under
Article 301 is transportation or transmission and not gain or profit.

Intercourse

It means the movement of goods from one place to another. It includes

both commercial and non-commercial movements and dealings. It would
include travel and all forms of dealing with others. However, it is argued
that the freedom guaranteed in Article 301 does not reach out to intercourse
in its broadest meaning. There are two reasons for this. First of all, the word
“intercourse” is used in juxtaposition with the words ‘trade and commerce’
and hence this word here will mean “commercial-intercourse” and not
purposeless motion. The second reason being that though Article 301
imposes a limitation on the power of Legislature and Parliament (provided to
them under Article 245 and 246) but the word intercourse is not included as
a subject of legislation under the Seventh Schedule (as the words trade and
commerce have been) and so the word intercourse can not be implied to
have the widest of the meaning when used here.

The use of the word ‘free’ in Article 301 does not mean freedom from laws
and rules governing the country. There is a clear distinction between the
laws obstructing freedom and laws containing rules and regulations for the
proper conduction of trade activities in a smooth and easy manner.

Activities which are not trade

Article 301 gives the freedom of trade, commerce, and intercourse but there
are certain activities which may be covered under the ambit of the trade,
commerce or intercourse activities but are not protected by the freedom
guaranteed under Article 301 of the Indian Constitution.
Illegal activities, like lottery and gambling, can be an example. The bar on
these illegal activities was upheld by the Supreme Court in the case of State
of Bombay v. R.M.D. Chamarbaugwala (1957). In this case, it was held that
all activities of criminal nature or those activities which are undesirable
would not be given any protection under Article 301. Some examples of
such activities can be clicking obscene pictures for money, trafficking of
women and children, hiring goondas or terrorists, etc. Though the forms,
methods, and procedures of trade may be applied these activities are extra-
commercium (not subject to private ownership or acquisition), and thus are
not covered under Article 301. Inter-relation between Article 301 and Article
19(1)(g)

 Article 301 under Part XIII empowers the free flow of the stream of
trade throughout the country whereas Article 19(1)(g) under Part III
provides the freedom to practice any occupation, trade or business in
the interest of the general public. The right under Article 301 is
constitutional and can be claimed by anyone. The right under Article
19(1)(g) is fundamental and can be claimed only by citizens. Thus,
this aspect of limitation of Article 19 is dealt with under Article 301
which gives the right to both citizens and non-citizens to move the
court if their right has been infringed.
 Article 19(1)(g) contains restrictions to the freedom of carrying an
occupation or trade while Article 301 is accompanied by Article 302-
307 which lay down the restrictions to the free flow of trade in the
country. However, the restrictions specified in Article 302-307 should
have indirect results and should not directly reduce the freedom laid
down in Article 19(1)(g). Article 301 is thus considered an explanatory
provision to Article 19(1)(g) and also has a more limited scope than
Article 19(1)(g) because it is only concerned about the flow of goods
and services.
 It is also often argued that Article 301 is the right available for trade
as a whole whereas Article 19(1)(g) is the right for individuals.
However, this is not true. Article 301 is derived from Section 92 of the
Australian Constitution and hence this right is available to individuals
as well.
 Thus both of them can be said to be interrelated in some aspects.
They also can be seen as interrelated concepts at the time of
emergency. At the time of emergency, rights under Article 19(1)(g)
are suspended. At that time the court looks forward to the rights
provided under Article 301 to check whether any violation has
occurred or not.
Restrictions to trade and commerce

Parliament’s power to regulate trade and commerce in the public interest

Article 302 gives power to the Parliament to impose restrictions on the

freedom of trade, commerce or intercourse carried on within a state or
across states anywhere in the territory of India. These restrictions can solely
be imposed taking into due consideration the interests of the public. The
power to decide whether something is in the interest of the public or not is
solely given to the Parliament. It can be seen as in the case of Surajmal
Roopchand and Co v/s the State of Rajasthan (1967) were under the
Defence of India Rules, in the interest of the general public, restrictions
were imposed on the movement of grain.

States power to regulate trade and commerce

The power of the Parliament in Article 302 is kept in check by Article 303.
Article 303(1) states that the Parliament does not have the power to make
any law which will keep one State at a more preferable position than the
other State, by virtue of any entry in trade and commerce in any one of the
lists in 7th Schedule. However, Clause (2) states that the Parliament can do
so if it is proclaimed by law that it is essential to make such provisions or
regulations, as there is indeed a scarcity of goods in some parts of the
country. The power to decide whether there is a scarcity of goods in some
parts of the territory or not is vested in the hands of the Parliament.

Article 304(a) further says that the State should impose taxes on any goods
transported/imported from other States if alike goods are taxed in the State
too. It is done so that there is no discrimination between goods produced
within the State and goods imported from some other states. In the case
of State of Madhya Pradesh v/s Bhailal Bhai,(1964) the State of Madhya
Pradesh imposed taxes on imported tobacco which was not even subject to
tax in the very own State i.e State of Madhya Pradesh. The Court
disapproved of the tax statement that it was discriminatory in nature.

Restrictions on trade, commerce, and intercourse among States

Clause (2) of Article 304 guides the States to impose certain reasonable
restrictions on the freedom of trade, commerce, and intercourse as may suit
the public interest. But no Bill or Amendment for such shall be put forward
in the State Legislature without the prior approval of the President. A law
passed by the State to regulate interstate trade must thus fulfill the
following conditions-

 An approval from the President must be taken beforehand,

 The restriction must be sensible and rational,
It must be in the interests of the public.
These conditions make it clear that the Parliament’s power to regulate trade
and commerce is superior to the State’s power.

Automobile Transport Ltd. vs State of Rajasthan (1963)

Facts
In The Automobile Transport Ltd. v/s State of Rajasthan, case, State of
Rajasthan imposed an annual tax on motor vehicles (Rs 60 on a motor
vehicle and Rs 2000 on a goods vehicle).

Issue
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.

Judgment
It was held by the court that in the present case the tax imposed is valid as
it is only a regulatory measure or a compensatory tax for the facilitation of
the smooth running of trade, commerce, and intercourse. The Court
commented that the taxes are the sole key for a state, in order to preserve
the financial health of the state at large. The concept of “Compensatory or
Regulatory Taxes” has evolved to ensure that the state will levy such taxes
that are set as an objective in the form of compensation, that is, for the
public interest as well as for regulatory purposes if necessary. They would
be used within the state. If the same is challenged in the Court as being an
infringement or as being violative of the freedom under Article 301 then that
would not be considered as an infringement and such a measure or tax does
not even need the validation of the provisions under Article 304(b).

The state of Mysore vs Sanjeeviah (1967)

Facts
In the case of the State of Mysore v/s Sanjeeviah, the government under
the Mysore Forest Act, 1900, made a law banning the movement of forest
produce between sunrise and sunset.

Issue
Whether it was violative of the freedom guaranteed Article 301 of the
Constitution?

Judgment
The Supreme Court held the law void. It remarked that such a law was
restrictive and not regulatory thus violative of the freedom provided under
Article 301.

Conclusion
When the Constitution provides the freedom of trade, such freedom cannot
be absolute. Thus Article 302 to 305 impose restrictions and ensures that
trade is conducted in a lawful manner throughout the states and the
country. All these provisions together ensure the provision of Constitutional
status to the freedom of trade, commerce, and intercourse. Now at least
there would be no unreasonable interference with trade and commerce
based upon geographical variations or any other such barriers.

Que. Short note on elections of the panchayats.

Ans. 73rd Constitutional Amendment Act of 1992

Significance of the Act
 The Act added Part IX to the Constitution, “The Panchayats” and also added the
Eleventh Schedule which consists of the 29 functional items of the panchayats.
 Part IX of the Constitution contains Article 243 to Article 243 O.
 The Amendment Act provides shape to Article 40 of the Constitution, (directive
principles of state policy), which directs the state to organise the village
panchayats and provide them powers and authority so that they can function as
self-government.
 With the Act, Panchayati Raj systems come under the purview of the justiciable
part of the Constitution and mandates states to adopt the system. Further, the
election process in the Panchayati Raj institutions will be held independent of the
state government’s will.
 The Act has two parts: compulsory and voluntary. Compulsory provisions must be
added to state laws, which includes the creation of the new Panchayati Raj
 systems. Voluntary provisions, on the other hand, is the discretion of the state
government.
 The Act is a very significant step in creating democratic institutions at the

grassroots level in the country. The Act has transformed the representative
democracy into participatory democracy.
Salient Features of the Act
1. Gram Sabha: Gram Sabha is the primary body of the Panchayati Raj system. It is
a village assembly consisting of all the registered voters within the area of the
panchayat. It will exercise powers and perform such functions as determined by
the state legislature. Candidates can refer to the functions of gram panchayat and
gram panchayat work, on the government official website
– https://grammanchitra.gov.in/.
2. Three-tier system: The Act provides for the establishment of the three-tier system
of Panchayati Raj in the states (village, intermediate and district level). States with
a population of less than 20 lakhs may not constitute the intermediate level.
3. Election of members and chairperson: The members to all the levels of the
Panchayati Raj are elected directly and the chairpersons to the intermediate and
the district level are elected indirectly from the elected members and at the village
level the Chairperson is elected as determined by the state government.
4. The Chairperson of a Panchayat and other members of a Panchayat, whether or
not elected directly from territorial constituencies in the Panchayat area, have the
right to vote in Panchayat meetings.
5. Reservation of seats:
 For SC and ST: Reservation to be provided at all the three tiers in accordance
with their population percentage.
 For women: Not less than one-third of the total number of seats to be reserved

for women, further not less than one-third of the total number of offices for
chairperson at all levels of the panchayat to be reserved for women.
 The state legislatures are also given the provision to decide on the reservation

of seats in any level of panchayat or office of chairperson in favour of

backward classes.
6. Duration of Panchayat: The Act provides for a five-year term of office to all the
levels of the panchayat. However, the panchayat can be dissolved before the
completion of its term. But fresh elections to constitute the new panchayat shall be
completed –
 before the expiry of its five-year duration.
 in case of dissolution, before the expiry of a period of six months from the date

of its dissolution.
7. Disqualification: A person shall be disqualified for being chosen as or for being a
member of panchayat if he is so disqualified –
  Under any law for the time being in force for the purpose of elections to the
legislature of the state concerned.
 Under any law made by the state legislature. However, no person shall be

disqualified on the ground that he is less than 25 years of age if he has

attained the age of 21 years.
 Further, all questions relating to disqualification shall be referred to an

authority determined by the state legislatures.

8. State election commission:
 The commission is responsible for superintendence, direction and control of

the preparation of electoral rolls and conducting elections for the panchayat.
 The state legislature may make provisions with respect to all matters relating

to elections to the panchayats.

8. Powers and Functions: The state legislature may endow the Panchayats with such
powers and authority as may be necessary to enable them to function as
institutions of self-government. Such a scheme may contain provisions related to
Gram Panchayat work with respect to:
 the preparation of plans for economic development and social justice.
 the implementation of schemes for economic development and social justice
as may be entrusted to them, including those in relation to the 29 matters
listed in the Eleventh Schedule.
9. Finances: The state legislature may –
 Authorize a panchayat to levy, collect and appropriate taxes, duties, tolls and
fees.
 Assign to a panchayat taxes, duties, tolls and fees levied and collected by the
state government.
 Provide for making grants-in-aid to the panchayats from the consolidated fund
of the state.
 Provide for the constitution of funds for crediting all money of the panchayats.
10. Finance Commission: The state finance commission reviews the financial
position of the panchayats and provides recommendations for the necessary steps
to be taken to supplement resources to the panchayat.
11. Audit of Accounts: State legislature may make provisions for the maintenance
and audit of panchayat accounts.
12. Application to Union Territories: The President may direct the provisions of the
Act to be applied on any union territory subject to exceptions and modifications he
specifies.
13. Exempted states and areas: The Act does not apply to the states of Nagaland,
Meghalaya and Mizoram and certain other areas. These areas include,
 The scheduled areas and the tribal areas in the states
  The hill area of Manipur for which a district council exists
 Darjeeling district of West Bengal for which Darjeeling Gorkha Hill Council
exists.
However, Parliament can extend this part to these areas subject to the
exception and modification it specifies. Thus, the PESA Act was enacted.
14. Continuance of existing law: All the state laws relating to panchayats shall
continue to be in force until the expiry of one year from the commencement of this
Act. In other words, the states have to adopt the new Panchayati raj system based
on this Act within the maximum period of one year from 24 April 1993, which was
the date of the commencement of this Act. However, all the Panchayats existing
immediately before the commencement of the Act shall continue till the expiry of
their term, unless dissolved by the state legislature sooner.
15. Bar to interference by courts: The Act bars the courts from interfering in the
electoral matters of panchayats. It declares that the validity of any law relating to
the delimitation of constituencies or the allotment of seats to such constituencies
cannot be questioned in any court. It further lays down that no election to any
panchayat is to be questioned except by an election petition presented to such
authority and in such manner as provided by the state legislature.
Que, appointment of district judges.

Ans. Introduction:- • According to Article 233 of the Indian Constitution, appointment of

district judges in any State is made by the Governor of the State in consultation with the High
Court exercising jurisdiction in relation to such State. The District Courts of India are the district
courts of the State governments in India for every district or for one or more districts together
taking into account of the number of cases, population distribution in the district. They
administer justice in India at a district level.

Appointment :- • The judges of subordinate courts are appointed by the governor in consultation
with the chief justice of the high court of the concerned state. A minimum of seven years of
practise as a lawyer at bar is a necessary qualification for direct entry level to become a district
judge upon a written examination and oral interview by a committee of high court judges, the
appointment of district judges is notified by the state government. This is referred to as direct
recruitment. District judges are also appointed by way of elevation of judges from courts
subordinate to district courts provided they fulfill the minimum years of service The next level
of ascendancy for a district judge who served sufficient number of years is the post of high court
judge. High court judges are usually appointed from a pool of advocates practicing at the bar of
the high court and district judges who served for sufficient number of years. This has also
caused angst among district judges as they have come to realize that elevation of lawyers
directly to high court judges dampens their process of being awarded with promotions for the
work they've put in over many years of service. A district judge or additional judge may be
removed from his office by the governor on conformation from the high court collegium.

Appointment of district judges:- (1) Appointments of persons to be, and the posting and
promotion of, district judges in any State shall be made by the Governor of the State in
consultation with the High Court exercising jurisdiction in relation to such State. (2) A person
not already in the service of the Union or of the State shall only be eligible to be appointed a
district judge if he has been for not less than seven years an advocate or a pleader and is
recommended by the High Court for appointment.

Who can appoint a district judge?

• Presuming it to be technical legal term of “district judge” rather than layman use of “district
judge” (which will mean all the judges of district court): • According to Article 233, the
appointment of district judges is to be made by Governor in consultation with the High Court
exercising jurisdiction in that area. • This consultation is with the entire body of judges
constituting the High Court and not with a single individual like the Chief Justice of the High
Court.

Que. SN on advocate general of the state.

Ans. Article 165 of the Indian Constitution is related to the office of Advocate General of
State. He is the highest law officer of the state.

Definition of Advocate General of State

The highest law officer of the states in India is called the Advocate General of State.
Some important points about the Advocate General of State in India, for UPSC, are:
 1. In the Order of Precedence, Additional Solicitor General is above the Advocate
General of State.
2. The right to be eligible for the post of Advocate General of State is conferred to
only the Indian citizens, and foreigners are not eligible to hold this public office.
3. He has full right to appear in any court of the state.
4. He cannot vote in any proceedings of the houses of the state legislature or any
committee initiated by the state legislature. He though has a right to speak and be
a part of such proceedings.
Appointment of Advocate General of State
Who appoints the Advocate General of State?
The governor appoints the advocate general of state on the advice of the council of
ministers of the state.. The person who is eligible to hold the office of advocate general
in India must meet the following criteria:
1. He must be an Indian Citizen
2. He should be eligible to be appointed as the judge of the High Court; i.e. he must
meet one of the following eligibility criteria:
 A barrister having experience of more than 5 years.
 A civil servant with an experience of more than 10 years along with an
experience as a servant in Zila Court for at least 3 years.
 A pleader over 10 years in any high court
3. He shouldn’t be more than 62 years of age, as is the age qualification for a High
Court Judge.

Term and Removal of Advocate General of State

 The Constitution does not fix the term of Advocate General in India. He
remains in the office during the pleasure of the Governor.
 The Constitution does not contain the procedure and grounds to remove the
Advocate General of State. Governor can remove him/her at any point in time.
 Resignation of Advocate General – He can resign from the public office by
submitting the resignation letter to the state governor.
 Conventionally, when a council of ministers of a state government resigns, the
advocate general of state too puts down his papers.
Functions of Advocate General of State
The major duties and functions of the Advocate General of State are mentioned below:
1. He is responsible to advise the state government on the legal matters that the
governor refers to him.
2. He also has to perform all the duties legal characteristics as are assigned to him by
the state governor.
 3. He is bound by the Constitution for such duties and functions as is mentioned
therein or any other constitutional law.
Salary of Advocate General of State
The remuneration received by the Advocate General of State is not fixed by the Indian
Constitution. It varies according to the states. State governor determines the salary of
the advocate general in India.
Some current updates regarding the salary of Advocate General of States (November
2020):
 The salary of law officers in Punjab has been increased by the state government:
1. Junior Most Law Officer/Assistant Advocate General – Rs. 55000/month
2. Deputy Advocate General and Senior Deputy Advocate General – Rs.
90000/month
3. Establishment officers – Rs. 40000/month
4. Advocate General – Estimated to be Rs. 1.25 lakh/month
Note: There can be junior, deputy, and senior advocates general in an office of the
state advocate general.
Difference between Advocate General and the Attorney General of India
Article 76 of the Indian Constitution deals with the Attorney General of India, while
Article 165 deals with the office of Advocate General of India.
The office of Advocate General of State corresponds with the office of Attorney General
of India as the former is the chief law officer of the state and the latter is the highest law
officer of India.
Legal matters of the state are referred to the Advocate General while the legal matters
of the union or the central government are referred to the Attorney General of India.
Que. Sn. The speaker and the deputy speaker of the legislative assembly.

Ans. Deputy speaker of the lok sabha in India ,

When the Speaker of The Lok Sabha is temporarily absent, the Deputy Speaker serves
as acting Speaker. In Lok Sabha, the Speaker has no control over the Deputy Speaker.
During the past two years, the Lok Sabha lacked a Deputy Speaker. The Delhi High
Court has asked the Central government to explain its stance on an appeal that claims
that maintaining the position of Deputy Speaker of the lower house of Parliament India
vacant is a violation of Article 93 of the Constitution.
Lawmakers need to watch over their actions and observe proper decorum when
discussing and voting; otherwise, proper functionality will become impeded. The
Speaker and Deputy Speaker are elected under Article 93 of the Indian Constitution.
 The Speaker is responsible for answering questions while maintaining order to
ensure that debate stays focused and relevant to a particular motion or bill under
discussion.
  The presiding officer of each House of the Parliament is different.
 The Lok Sabha has a Speaker and a Deputy Speaker, whereas the Rajya
Sabha has a Chairman and a Deputy Chairman.

History
 The Speaker and the Deputy Speaker of a place in India are known to have come
into existence as early as 1921, following the requirements of the Government of
India Act of 1919.
 However, these very titles were President and Deputy President, respectively.
 In 1935, the government passed an act that changed these nomenclatures to
“Speaker” and “Deputy Speaker.”

Provisions of the Constitution

1. Both Speaker and the Deputy Speaker are elected according to Article 93 of the
Indian Constitution.
2. Article 94 governs the Speaker’s and Deputy Speaker’s vacations, resignations,
and expulsion from office.
3. Article 95 grants the Deputy Speaker the authority to undertake the Speaker’s
functions or act in their place.
 4. Article 96 of the by-laws highlights that the Speaker or the Deputy Speaker should
take himself off their respective offices while a resolution for his removal is being
discussed.

Election of Deputy Speaker of the Lok Sabha

 Following the vote of the Speaker, the Lok Sabha elects the Deputy Speaker of
Lok Sabha India from among its members.
 The Speaker sets a date for the Deputy Speaker’s election.
 The Speaker and the Deputy Speaker of Lok Sabha were normally appointed from
the ruling party till the 10th Lok Sabha.
 Since the 11th Lok Sabha, it has been settled that the Speaker will hail from the
ruling party, while the Deputy Speaker will come from the leading opposing party.

Office Term and Removal of Deputy Speaker

 The Deputy Speaker of Lok Sabha normally serves the whole term (5 years) of the
Lok Sabha.
 The Deputy Speaker can resign sooner if any of the three major conditions are
met:
1. If they are no longer a Lok Sabha member.
2. If they write to the Speaker and resigns.
 3. If he is impeached by a resolution voted by most of the Lok Sabha members at the
time.
 A resolution of this type can only be moved with 14 days’ notice.

Powers and Responsibilities of Deputy Speaker

 When the Speaker’s office is unoccupied, the Deputy Speaker takes responsibility.
The Deputy Speaker often fills in for the Speaker when they cannot attend a House
meeting.
 If the Speaker is unavailable, The Deputy Speaker of Lok Sabha India holds power

over a joint session of both Houses of Parliament.

 Like the Speaker, they also get to cast the deciding vote if there is a tie during

voting within Parliament or between both houses.

 The Deputy Speaker enjoys only one special privilege compared with his fellow

Speakers – anytime The Deputy Speaker is nominated to a legislative committee,

they instantly become its chairman.
Que. discuss the provision relating to appointment of governor, his term and conditions of
governors office

Ans. The state executive is made up of the Governor, Chief Minister, Council of
Ministers, and Advocate-General of State. Governor, as President, heads the state
government. Article 153-167 in the Indian Constitution deal with the provisions related
to the state governments of the country.
Governor is a titular head or constitutional head and at the same time, he is the agent
of the centre as the union government nominates Governor in each state.
Why is the topic Governor important for UPSC Exam?
 On 16th February 2021, Kiran Bedi, the Lieutenant Governor of Puducherry has
been replaced. Telangana Governor, Tamilisai Soundararajan has been given the
additional charge as the LG of Puducherry.
 There has been constant dissatisfaction between the Maharashtra state

government and its governor, Bhagat Singh Koshyari.

Hence following up with the current affairs, aspirants should know about the
appointment of the Governor, his functions, and his role in the state alongside the Chief
Minister and Council of Ministers.
This article will mention the details about the Governor, his functions, the debate
surrounding his authority in the state government, and important articles in the
constitution related to him

Who is a Governor?
Governor is a nominal executive head of the state. He forms an important part of the
state executive where he acts as the chief executive head. Central Government
nominates the governor for each state.
How is a Governor Appointed?
The Indian President appoints Governor for each state by warrant under his hand and
seal. Central Government is responsible to nominate the governor for each state.
Note:
 Unlike elections of the President, there is no direct or indirect election for the post
of Governor.
 The office of a governor is not a part of the union executive and is an independent
constitutional office. The governor doesn’t serve the union government and neither
is subordinate to it.
 The nomination of a governor by the Union and his appointment by the President
in India is based on the Canadian model of government.
What is the term of the Governor’s office?
Since the Governor holds the office under the pleasure of the President, his office has
no fixed term. President can remove the Governor and the grounds upon which he may
be removed are not laid down in the constitution.
Governor may also get transferred from one state to another by the President. He also
can be reappointed.
Note:
 An interregnum is not allowed; following which a Governor may sit in the office
beyond 5 years (expiry of the term) till the new governor assumes the charge of
the office.
 At President’s discretion, the Chief Justice of the High Court of the concerned state
can also be appointed as the Governor on a temporary basis when and how the
President thinks fit. (Example – On the governor’s death, Chief Justice of HC can
be appointed as the governor.)
Who is qualified to become a Governor?
Unlike Lok Sabha or Rajya Sabha members or even in the case of Prime Minister or
President who have a set of qualifications to meet to hold the office; Governor has to
meet only two qualifications:
1. He should be an Indian Citizen
2. He should be 35 years old or more
Note: There are two conventions that the government follows before nominating a
person as a Governor
 1. That person is not appointed as the governor who belongs to the state. He shall be
an outsider having no relation with the state he is being appointed to.
2. Consultation of the Chief Minister is taken by the President before appointing a
governor
It should also be noted that both the above conventions are not absolute and have
been ignored by the union government in many instances.
What are the conditions of his office?
There are a few conditions for a person to be appointed as a Governor:
1. He cannot be a member of Lok Sabha and Rajya Sabha. If he has been a member
of either of the house, he should vacate the seat on his first day as Governor in the
office.
2. He should not hold any office of profit.
3. For his residence, Raj Bhavan is provided to him without the payment of rent.
4. Parliament decides his emoluments, allowances, and privileges.
5. When a governor is responsible for two or more states, the emoluments and
allowances payable to him are shared by the states in such proportion as the
President may determine.
6. Parliament cannot diminish his emoluments and allowances during his term of
office.
 7. He is given immunity from any criminal proceedings, even in respect of his
personal acts
8. Arrest or imprisonment of the Governor cannot take place. Only civil proceedings
can be initiated for his personal acts that too after giving two months’ of prior
notice.

What are the powers and functions of the Governor?

Executive Powers of the Governor

The following comes under his executive powers:
1. Every executive action that the state government takes, is to be taken in his name.
2. How an order that has been taken up his name is to be authenticated, the rules for
the same can be specified by the Governor.
3. He may/may not make rules to simplify the transaction of the business of the state
government.
4. Chief Ministers and other ministers of the states are appointed by him.
5. It is his responsibility to appoint Tribal Welfare Minister in the states of:
1. Chattisgarh
2. Jharkhand
3. Madhya Pradesh
4. Odisha
 6. He appoints the advocate general of states and determines their remuneration
7. He appoints the following people:
1. State Election Commissioner
2. Chairman and Members of the State Public Service Commission
3. Vice-Chancellors of the universities in the state
8. He seeks information from the state government
9. A constitutional emergency in the state is recommended to the President by him.
10. The governor enjoys extensive executive powers as an agent of the President
during the President’s rule in the state.
Legislative Powers of the Governor
The following are the legislative powers of the governor:
1. It’s in his power to prorogue the state legislature and dissolve the state legislative
assemblies
2. He addresses the state legislature at the first session of every year
3. If any bill is pending in the state legislature, Governor may/may not send a bill to
the state legislature concerning the same
4. If the speaker of the legislative assembly is absent and the same is Deputy
Speaker, then Governor appoints a person to preside over the session
 5. As President nominates 12 members in Rajya Sabha, Governor appoints ⅙ of the
total members of the legislative council from the fields of:
1. Literature
2. Science
3. Art
4. Cooperative Movement
5. Social Service
6. As President nominates 2 members in the Lok Sabha, Governor nominates 1
member in state legislative assembly from Anglo-Indian Community.
7. He can consult Election Commission for the disqualification of members
8. With respect to the bill introduced in the state legislature, he can:
 Give his assent
 Withhold his assent
 Return the bill
 Reserve the bill for the President’s consideration (In instances where the bill
introduced in the state legislature endangers the position of state High Court.)
Similar Topic: How a bill is passed in the Indian Parliament
Note: Governor can reserve the bill for the President’s consideration in the following
cases:
  When provisions mentioned in the bill violates the constitution (Ultra-Vires)
 When provisions mentioned in the bill oppose Directive Principles of State Policy

 When provisions mentioned in the bill hinders the larger interests of the country

 When provisions mentioned in the bill concern the national importance

 When provisions mentioned in the bill mention the acquisition of property that is

dealt with Article 31A in the constitution. (Read more about important articles in the
Indian Constitution in the linked article.)
Also,
1. An ordinance can be promulgated by him when either the Legislative Assembly or
Council (Unicameral/Bicameral) are not in session. (Read the Ordinance Making
Power of President & Governor in the linked article.)
2. The following reports are laid by him:
1. State Finance Commission
2. State Public Service Commission
3. Comptroller and Auditor General (Concerning the state finance)
Financial Powers of the Governor
The following are the financial powers and functions of the Governor:
1. He looks over the state budget being laid in the state legislature
 2. His recommendation is a prerequisite for the introduction of a money bill in the
state legislature
3. He recommends for the demand for grants which otherwise cannot be given
4. Contingency Fund of State is under him and he makes advances out that to meet
unforeseen expenditure. (Download the notes on the types of funds in India from
the linked article.)
5. State Finance Commission is constituted every five years by him. (Read about
the Finance Commission of India in the linked article.)
Judicial Powers of the Governor
The following are the judicial powers and functions of the Governor:
1. He has the following pardoning powers against punishment:
1. Pardon
2. Reprieve
3. Respite
4. Remit
5. Commute
2. President consults the Governor while appointing judges of High Court.
3. In consultation with the state High Court, Governor makes appointments, postings,
and promotions of the district judges.
 4. In consultation with the state high court and state public service commission, he
also appoints persons to the judicial services.
What is the Constitutional Position of Governor?
The Constitutional Position of the governor can be understood by the following articles:
Constitutional Position of the Governor

Article Provision

Article He is the executive head of the state. All the executive

154 functions will be performed by him or by the officers
subordinate to him in accordance with the Constitution

Article He will be aided and advised by the Chief Minister and

163 Council of Ministers unless he is performing a
function at his discretion

Note:

 The power to act at his own discretion is a power

that is not given to the President.
 42nd Amendment Act made the advice of the
 Council of Ministers’ binding on the President but
not on the Governor in state
Article The Council of Ministers are collectively responsible to
164 the state legislative assembly
Note: This provision is the foundation of the state
parliamentary system
The Constitution has mentioned the authority of the governor to decide the validity of
his actions taken at his own discretion in circumstances where his actions are called
into action.
Governor’s Discretionary Powers
The Governor of state, unlike the President of India, is conferred with power to act at
his own discretion. There are two categories of discretion for the governor. One is
Constitutional Discretion and the other is Situational Discretion. Read more about
the Constitutional Discretion of Governor in the linked article.
Que. Short note on CAG.
Ans, Comptroller and Auditor General of India is the apex authority responsible for
external and internal audits of the expenses of the National and state governments. It is
popularly known as the CAG of India. In this article, we will discuss in brief about the
office of the CAG and its functions.
Part V of the Indian Constitution describes the role and responsibilities of this office in
Chapter V. The Comptroller and Auditor General is one of the few offices directly
appointed by the President of India.

Powers of the Comptroller and Auditor General of India

Article 148 of the Constitution of India establishes the authority of this office. It states
the following points in relation to the establishment and powers of CAG:
 The Comptroller and Auditor General is appointed by the President of India and
can be removed from office only in the manner and on the grounds that a Judge of
the Supreme Court is removed.
 The person appointed to this office should take an oath of office before the
President or any other person appointed by the office of the President.
 The salary, service conditions, leaves of absence, pension, and age of retirement
are determined by the Parliament of India and specified in the Second Schedule
such that the service conditions and salary will not be modified to the disadvantage
of the incumbent during their tenure.
 The CAG is not eligible for any further office after the end of their tenure either in
the Government of India or any State Government.
 The powers and functions of the CAG are subject to the provisions of the Indian
Constitution and any Acts of Parliament, along with the service conditions for the
Indian Audits and Accounts Department. The rules governing these would be
prescribed by the President in consultation with the incumbent.
 The expenses on the administration of this office including all allowances, salaries
and pensions would be charged to the Consolidated Fund of India.
 The incumbent is appointed for a period of 6 years or until attaining the age of 65

years whichever is earlier.

CAG – Constitutional Provision Highlights

1. Article 148 broadly deals with the CAG appointment, oath

and conditions of service.
2. Article 149 deals with Duties and Powers of the
Comptroller and Auditor-General of India.
3. Article 150 states that the accounts of the Union and of
the States shall be kept in such form as the President
may, on the advice of the CAG, prescribe.
4. Article 151 says that the reports of the CAG of India
relating to the accounts of the Union shall be submitted to
the president, who shall cause them to be laid before
each House of Parliament.
5. Article 279 deals with the Calculation of “net proceeds” is
ascertained and certified by the Comptroller and Auditor-
General of India, whose certificate is final.
6. Third Schedule – Section IV of the Third Schedule of the
Constitution of India prescribes the form of oath or
 affirmation be made by the Judges of the Supreme Court
and the Comptroller and Auditor-General of India at the
time of assumption of office. Know more about the Judge
of the Supreme Court of India.
7. According to the 6th Schedule the accounts of the District
Council or Regional Council should be kept in such form
as CAG, with the approval of the President, prescribes. In
addition, these bodies’ accounts are audited in such a
manner as CAG may think fit, and the reports relating to
such accounts shall be submitted to the Governor who
shall cause them to be laid before the Council.
In order to be able to discharge duties effectively, certain privileges and powers which
facilitate the process of auditing have been given to this office. The following are the
major powers of the CAG of India:
 The Comptroller and Auditor General or his staff can inspect any office of the
organizations which are subject to his audit. He and his staff can scrutinize the
transactions of the government and question the administration regarding the
various aspects of these transactions. After scrutinizing the transactions, the CAG
may withdraw his objections or, if he finds them serious, incorporate them in his
report which is submitted to the Parliament.
 To enable the office to perform this function smoothly, he is endowed with full
access to all the financial records including books, papers, and documents.
 Moreover, the CAG has the freedom to ask for relevant information from any
person or organization. His right to call for information and accounts is statutory, as
was affirmed by the order made by the Government of India in 1936 in order to
enforce the Act of 1935.
The present provision of according him free access to files and information is a practice
continuing from the past. A modification, however, was introduced in 1954 in the central
government according to which, if secret documents are involved, they are sent to the
CAG by name specifically and are returned as soon as the work is over.

Duties of CAG
Articles 148, 149, 150 and 151 of the Constitution of India describe the functions and
powers of this office. The following is a brief description of various areas dealt with in
these Article of the Constitution:
 Article 149: Duties and Powers of the Comptroller and Auditor General: To perform
such duties and exercise such powers in relation to accounts of the Union of India
and the states and of any other bodies or authority, as may be prescribed by any
law made by the Parliament.
 Article 150: Form of Accounts of the Union of India and the States: To prescribe,
with the approval of the President, the form in which the account of the Union and
of the States are to be kept.
 Article 151: CAG Reports: To report to the President or to the Governors of the
States on the accounts of the Union or State. The constitution has also provided in
 Article 279(i) that the CAG has to ascertain and certify the net proceeds of any tax
or duty mentioned in Chapter I of Part XII of the Constitution. Besides these
constitutional provisions and the Duties Powers and Conditions of Service Act of
1971, is necessary to mention that, before 1976, the CAG had a two-dimensional
role, that accounting and auditing. Due to the separation of accounts and audit in
1976, the CAG’s duty is the auditing of accounts. Since 1976, accounting is being
done by the various departments themselves with the help of the Indian Civil
Accounts Service.

Role of CAG in India

The role of this office is to uphold the provisions of the Indian Constitution and laws
enacted by the Parliament in the field of financial administration. The accountability of
the executive (i.e., the council of ministers) to the Parliament in the sphere of financial
administration is secured through CAG reports. The office is responsible to and is an
agent of the Parliament and conducts audits of expenditure on its behalf.
 The CAG has ‘to ascertain whether money shown in the accounts as having been
disbursed was legally available for and applicable to the service or the purpose to
which they have been applied or charged and whether the expenditure conforms to
the authority that governs it’.
 The office can perform a propriety audit, that is, it can look into the ‘wisdom,
faithfulness and economy’ of government expenditure and comment on the
 wastefulness of such expenditure. However, unlike the legal and regulatory audit,
which is obligatory on the part of the CAG, the propriety audit is discretionary.
 The secret service expenditure is a limitation on the auditing role of the CAG. In

this regard, the CAG cannot call for particulars of expenditure incurred by the
executive agencies but has to accept a certificate from the competent
administrative authority that the expenditure has been so incurred under his
authority.
The Constitution of India visualizes this office to be Comptroller as well as Auditor
General. However, in practice, the incumbent officer is fulfilling the role of an Auditor-
General only and not that of a Comptroller. In other words, ‘the office has no control
over the issue of money from the consolidated fund and many departments are
authorised to draw money by issuing cheques without specific authority from the CAG,
who is concerned only at the audit stage when the expenditure has already taken
place.
The powers of the CAG, regarding audits, are provided for in the Comptroller and
Auditor General of India (Duties, Powers and Conditions of Service) Act, 1971.
According to this act, the CAG can audit:
 All receipts and expenditure from the Consolidated Fund of India and of the states
and union territories.
  All transactions relating to the Contingency Funds and Public Accounts. • All
trading, manufacturing, profit and loss accounts and balance sheets and other
subsidiary accounts kept in any department.
 All stores and stock of all government offices or departments.
 Accounts of all government companies set up under the Indian Companies Act,
1956.
 Accounts of all central government corporations whose Acts provide for audit by
the CAG.
 Accounts of all authorities and bodies substantially funded from the Consolidated
Fund. Accounts of any authority, even though not substantially funded by the
government, at either the request of the Governor/President or at the CAG’s own
initiative.

Functions of the CAG of India

The Constitution in Article 149 provides the legal basis for the Parliament to prescribe
the duties and powers of the CAG in relation to the accounts of the Union and of the
States and of any other authority or body. The CAG Duties, Powers and Conditions of
Service (DPC) Act, was passed in the parliament in 1971. The DPC Act was amended
in 1976 to separate accounts from audit in the Government of India. The duties and
functions of the CAG as laid down by the Constitution are:
 Auditing the accounts related to all expenditure drawn from the Consolidated Fund
of India, consolidated fund of every state and consolidated fund of every union
territory having a Legislative Assembly.
 Audit of all expenditure from the Contingency Fund of India and the Public Account
of India as well as the contingency funds and the public accounts of states.
 Audit of all trading, manufacturing, profit and loss accounts, balance sheets and
other subsidiary accounts of any department of the Central Government and state
governments.
 Auditing the receipts and expenditure of the Government of India and each state to
ensure that the rules and procedures in that regard are designed to secure an
effective check on the assessment, collection and proper allocation of revenue.
 Auditing the receipts and expenditure of the following: All bodies and authorities
substantially financed from the Central or state revenues; Government companies;
and Other corporations and bodies when so required by related laws.
 Auditing all transactions of the Central and state governments related to debt,
sinking funds, deposits, advances, suspense accounts and remittance business.
He also audits receipts, stock accounts and others, with approval of the President,
or when required by the President.
 Auditing the accounts of any other authority when requested by the President or
Governor. For example, the audit of local bodies.
 Advising the President with regard to prescription of the form in which the accounts
of the Centre and the states shall be kept (Article 150).
  Submitting audit reports relating to the accounts of the Central Government to the
President, who shall, in turn, place them before both the Houses of Parliament
(Article 151).
 Submitting audit reports relating to the accounts of a state government to the
Governor, who shall, in turn, place them before the state legislature (Article 151).
 Ascertaining and certifying the net proceeds of any tax or duty (Article 279). The
certificate is final. The ‘net proceeds’ means the proceeds of a tax or a duty minus
the cost of collection.
 Acting as a guide of the Public Accounts Committee of the Parliament. He
compiles and maintains the accounts of state governments. In 1976, he was
relieved of the responsibilities regarding the compilation and maintenance of
accounts of the Government of India due to the separation of accounts from audit,
through departmentalization of accounts. The CAG submits three audit reports to
the President:
Audit Report on Appropriation Accounts
 Audit Report on Finance Accounts

 Audit Report on Public Undertakings

The President lays these reports before both the Houses of Parliament. After this, the
Public Accounts Committee examines them and reports its findings to the Parliament

CAG Reports
The three CAG Reports as stated above deal with different facets of public audits. The
following paragraphs give a brief overview of these audit reports:
 Audit Report on Appropriation Accounts: The appropriation accounts show the
appropriation of the money granted by the legislature to the various grants and
heads of expenditure and whether the money granted for a specific purpose has
been spent for that purpose or not.
 Audit report on Finance Accounts: The Finance Accounts show the accounts of

annual receipts and expenditure during the year.

 Audit report on Public Undertakings: This report deals with the finances and

expenditures of various Public Sector Undertakings (PSU’s).

The audit report, in brief, contains a narration of cases involving financial irregularities,
losses, frauds, wasteful expenditure and comments thereon, the accuracy of budgeting
control of expenditure, savings etc. The CAG provides ‘audit paras” criticizing public
expenditures of the departments and the ‘paras’ are developed during post-event
scrutiny by the CAG staff and detailed discussions with the senior staff of the
department concerned. The finalized ‘paras’ are then brought before the Parliament
where the concerned parliamentary committee that deals with the affairs of a particular
ministry or department disposes of each ‘para’.
The form of the audit reports is constantly under review and has undergone periodic
changes. No matter what the format, the objective, that loss of money has to be
prevented remains the same. They highlight transactions which have not proved
financially viable. As the report focuses its gaze on the omissions, each department is
on its toes because the report may bring adverse and undesirable publicity in its wake.
The following procedure is followed while making and submitting an audit report by the
Comptroller and Auditor General’s office:
 To begin with, when the audit takes place, during the course of inspection of the
various organizations, ‘Inspection Reports’ of each unit/organization are prepared
and copies are sent to them. About 72,000 inspection reports are sent in a year.
They are asked to take corrective action and their progress is also watched. The
most important matters in these Inspection Reports are included in the Annual
Audit Reports.
 Before they are presented to the President, the audit reports are put through
rigorous quality assurance procedures and are countersigned by the CAG.
 After they are submitted to the legislature, the legislature, in turn, hands them over
for examination to the concerned parliamentary committees.
 The reports of all the departments, including Railways, Post and Telegraph
and other departmental undertakings, are handed over to the Public Accounts
Committee (PAC).
 The reports relating to corporations and companies are given to
the Committee on Public Undertakings (COPU).
Since 1989, an Annual Activity Report of each department is brought out by the CAG to
assess the overall working of the department and to let all those interested in the
functioning of the department know the details of its working. It serves a dual purpose:
it gives a complete and true picture of the existing state of affairs and also helps in
planning for the future.
The functions of the Comptroller and Auditor General of India can be studied under the
following headings:
Audit of Expenditure
It is the prime task of the CAG to audit all expenditure incurred from the revenue of the
union and the states. It may be mentioned at the outset that the audit by this office is
not an administrative but a financial audit. Administrative audit entails an examination of
technical, personnel and organizational processes of the administrative apparatus. This
audit is not within its jurisdiction. The Comptroller and Auditor General’s office is
concerned only with the financial aspects. However, when an administrative act has
serious adverse financial repercussions or implications, the CAG can see whether that
particular administrative act was in conformity with the prescribed laws and approved
financial procedures and whether it has resulted in any extravagance or loss.
Audit of expenditure consists of ensuring whether the following essential conditions
have been fulfilled or not:
 that the expenditure is covered by sanction, whether special or general, accorded
by a competent authority;
 that the expenditure conforms to the relevant provisions of the statutory

enactments and is in accordance with the financial rules and regulations framed by
the competent authority;
 that there is a sanction, either general or special, accorded by the competent

authority;
 that it is within the ambit of the purpose for which the grant was intended; that the

demand is supported by a voucher in proper form and the person to whom the
payment has been made has duly acknowledged the payment and the fact of
payment has been so recorded as to make a second claim on the government
impossible;
 that the various programmes, schemes and projects in which large funds have

been invested are being run economically;

 that the various public sector undertakings are yielding the results expected of

them; and
 that the expenditure has been incurred with due regard to the broad and general

principles of financial propriety. All these constitute what is called the statutory
audit. In other words, these are specifically provided for by statute or law.
Audit of Government Undertakings
The CAG also undertakes an audit of the commercial undertakings of the governments
of the union and the states. Commercial undertakings exist in three forms:
Departmental undertakings, run on the pattern of departments.
 Statutory corporations created by specific laws of the Parliament and broadly

controlled by the government.

 Government companies, set up under the Indian Companies Act, 1956, in the form

of private or public limited companies.

Audit of Appropriation
The appropriation audit ensures that the grants are spent for the purpose for which they
have been provided. This audit enables the CAG to satisfy himself that the expenditure
which is being audited is within the ambit of the grants and that the expenditure
incurred has been incurred for the specific purpose for which it was voted by the
legislature.
 In this process, certain cases which depict a discrepancy between the estimates
and the final turnout might come to light. A scrutiny of such cases has to be made.
 It also verifies whether there have been reappropriations from one head to another

and whether such reappropriations conform to the authority delegated.

Thus, it is a document which reveals the various aspects of the transactions of the
government. The appropriation audit is not done on a test basis, as in the case of an
accounting audit. It must be detailed, thorough and complete. Every payment is
checked in the books to its right head of service so as to ensure that the intentions of
the legislature have been honoured.
The main idea behind this audit is to ensure that the accounts presented by the
concerns give a complete and true picture of the various financial aspects of the
concerns. The public has a large stake in the running of these undertakings as vast
public funds are involved. Hence, together with the other ministerial and parliamentary
checks over these undertakings, they are also subject to the audit control by this office.
In the case of departmental undertakings, the CAG is the sole auditor.
 The Acts by which the government corporations are set up specify whether the
CAG will audit their accounts, or whether the accounts will be audited by auditors
appointed by the government.
 To avoid these pitfalls, a system was devised in 1956 to provide personal contacts

between the representatives of audit and of administration. Under this, the

secretary of each department could take up the objections which he considered
unjustified with the concerned Accountant General directly. If these discussions
failed, the secretary could take up the matter with the CAG himself.
Though the system had received excellent support in the initial stages, it is slowly
falling into disuse. The preceding analysis underscores that audit is essential as an
instrument of parliamentary and financial control. B R Ambedkar had pointed out in the
Constituent Assembly debates that the CAG was probably the most important officer in
India because it was he who saw that the expenses voted by Parliament were well
utilized. He may be criticized on the ground that the audit is too critical, concerned with
details, etc., but that exactly is the intention why this office was created. The CAG
protects public funds from the reach of arbitrary power and, in that sense, is an
important and most useful dignitary of the state.
Structure of CAG’S Office
The Indian Audit and Accounts Department (IAAD) is headed by the Comptroller and
Auditor General of India. He is assisted by five Deputy Comptroller and Auditors
General of India. One of the Deputies is also the chairman of the Audit Board. Below
the Deputy CAG are four Additional Deputy Comptroller and Auditors General of India.
The hierarchy in this office comprises of:
 CAG
 Deputy CAG

 Additional Deputy CAG

 Directors General

 Principal Directors

 Directors/Deputy Directors

Note: Field office formations are headed by officers of the designation of

DG/PAG/PD/AG and they report to the DAI/ADAI concerned.
One Director acts as Secretary to the incumbent CAG. At the regional level, in various
states, there are a number of Accountants General who act as agents of the CAG in
performing their functional and supervisory responsibilities at the state level.
Que. Sn independence judiciary.
Ans. “There can be no difference of opinion in the House that our judiciary
must both be independent of the executive and must also be competent in
itself. And the question is how these two objects could be secured.” – Dr
B.R. Ambedkar
Judiciary is the system of courts of law that helps to ensure the supremacy
of laws in any nation. It plays a crucial role in the functioning of democracy.

Under the doctrine of separation of powers, the judiciary is one of the

principal organs of the state along with the executive and legislature. While
the legislature and executive is concerned with making the law and
executing them respectively, the judiciary supervises whether the law is
properly followed and also interprets and applies the laws in various legal
issues. The separation of power further dictates that the judiciary should act
independently without any outside influences.

An independent judiciary is extremely important for a democracy to prosper.

Hence, it is expected that the judiciary should remain impartial and neutral.
However, due to some external factors and pressure from various influential
quarters, the independence of the judiciary is often compromised

Independence of a judiciary
1. The State should guarantee the independence of the judiciary by
enshrining the following in its Constitution and the laws of that
country. The duty of the government is to ensure an independent
judiciary by removing all interference from the organs of the
government.
2. On the other hand, the judiciary should observe all the cases based
on facts and the concerning laws relating to the cases without being
influenced. The jurisdiction of the judiciary is extended up to all
judicial matters and matters contain serious questions of law.
3. There should not be any kind of unsolicited interference in the
judiciary and judicial decisions should not be subjected to random
revision. However, an individual can always approach judicial reviews
and also can appeal to reduce any sentences ordered by the judicial
officers.
4. Every member of society should have the right to approach the
judiciary whenever required.
 5. An independent judiciary should ensure that the judicial proceedings
are being performed without any prejudices and biases toward any of
the litigant parties.
6. The Member state should ensure that the judiciary has enough
resources to run its function properly.

Freedom of expression and association

According to the Universal Declaration of Human Rights (UDHR), every
individual has the right and freedom to express, believe and associate etc.
The judicial officers, as members of the society, also have the same rights
as any other common citizen. However, while exercising those rights, the
judges should maintain and preserve dignity and impartiality.

The judges are also free to form any kind of association with fellow judges
for representing their own interests as well as promotion of judicial
independence.

Qualifications, selection and training of the judicial officers

The judicial officers should be persons with high morale and integrity as well
as should have appropriate qualifications in law and proper training.
The selection of judicial officers should not be done following any method
with “improper motives”.

The judges should be selected based on their qualifications and should not
be discriminated against on any grounds such as “race, colour, sex, religion,
political or other opinions, national or social origin, property, birth or
status”. However, the candidate should be a citizen of the concerned
country and this requirement should not be termed discriminatory.

Conditions of service and tenure

The conditions of service and tenure of the judges such as the term of
office, security, salary and pensions and also the age of retirement should
be secured by the law.

The appointed or elected judges should have a particular retirement age or

the end of the term as a judge.

The promotion of the judges should be based on the ability, integrity and
experience of an individual judge instead of any other preferences.

The internal judicial administration should decide the types of cases to be

assigned to a particular judge.
Professional secrecy and immunity
In the judiciary, the maintenance of professional secrecy should be
prioritised. Under no circumstances, a judge should be forced to testify any
confidential information other than the information acquired in public
proceedings.

Judges, while exercising their judicial powers, should have personal

immunity from civil suits for monetary damages. However, any disciplinary
proceedings, right to appeal or the compensation provided by the State are
not subject to this.

Discipline, suspension and removal

In case of any complaint against any judge, he should have the right to a
fair hearing. The complaint should be examined ‘expeditiously’ and be kept
confidential initially.

A judge should only be suspended or removed in accordance with proper

judicial conduct only if he is found unfit to discharge concerned duties.
However, these should be subjected to an independent review. But it is not
applicable in cases of the decisions of the highest court and in
impeachment.

Bangalore Principles of Judicial Conduct (2002)

The Bangalore Principles of Judicial Conduct (2002) was officially adopted at

the Peace Palace in The Hague, Netherlands. The Principles established the
basic ethical standard for working of the judiciary and provided a framework
of judicial conduct. It dealt with six mandatory ethical values namely judicial
independence, impartial discharge of judicial duties, integrity, propriety,
equal treatment to all and lastly performance of judicial duties with
competence and due diligence and the ways to implement them.

Judicial independence in India

In the post-independent era, the concept of judicial independence has been
enshrined in the Constitution of India itself. There are several constitutional
provisions that help in securing the independence of the judiciary. The
provisions are discussed below:

Security of the tenure of judges

Article 217 of the Constitution states the conditions and appointing a judge
of a High Court. Once appointed, the Supreme Court and high court judges
have the tenure to continue their services until reaching the age of sixty-five
years and sixty-two years respectively.

However, the age of retirement of the High Court judges was proposed to
increase to 65 through the Constitution (114th Amendment) Bill, 2010. But
it was not passed.

Article 124(2) lays down that the President should appoint every Supreme
Court judge and they will remain in office until the age of sixty-five years.

For the appointment of the judges in the High Court and Supreme Court,
the President shall consult the Chief Justice of India and here consultation
means concurrence and this was held in the case of Supreme Court
Advocates on Record Association v. Union of India (1993), also known as
the Second Judges Case (1993).

Salaries and Allowances of judges

Article 125 of the Constitution of India deals with the salaries and
allowances of judges. The salary is specified in the Second Schedule and
may be decided to change by the Parliament by law.

In the cases of judges in the Supreme Court, their salaries are provided by
the Consolidated Fund of India and the judges of the High Court of the
respective states are paid by the consolidated fund of that state.

Powers and Jurisdiction of the Supreme Court

Under Article 32, the Supreme Court of India has the power to issue writs
and an individual may move to the Supreme Court to access proper justice.
Though the Parliament can change the pecuniary jurisdiction in civil
matters, it cannot curtail any powers of the Supreme Court

Conclusion
Judiciary is often termed as a ‘fragile bastion’ as there are apprehensions
that the impartiality and neutrality of the institution and the personal
integrity of an individual judge may crumble owing to the outside influences
and pressures it has to face. An independent judiciary is the base of a
thriving democracy and acts as the last recourse for people to secure
justice. It is important to remember that the ultimate responsibility to
maintain the independence of the judiciary is on the shoulders of the
individual judges.

At the end of the day, it must be remembered that the independence of the
judiciary is an indispensable requirement to uphold the rule of law. That is
why the government and media rhetoric that aims to villainise the judiciary
should be of great concern.

Despite all the existing flaws in the judicial system, it serves as the last
recourse for common people to seek justice. Without an independent
judiciary, a democracy cannot function properly since there will be no
institution to protect and supervise the rights of the common people. Hence,
the independence of the judiciary must be upheld at any cost

Que. Sn. House of people. Lok sabha .

Ans. Indian Parliament consists of Lok Sabha, Rajya Sabha and the President of
India. Lok Sabha is the lower house of the parliament and is termed as the
popular chamber of the Indian Parliament. What is Lok Sabha and who are Lok
Sabha members?
Indian Parliament is bicameral in nature i.e. that it has two houses. Lok Sabha is one of
those two houses. The other house is the Rajya Sabha. (You may check
the differences between Lok Sabha and Rajya Sabha in the linked article.) Lok Sabha
is the first chamber of the parliament and represents the people of India as a whole.
The members elected by universal adult suffrage are part of Lok Sabha.
Composition of Lok Sabha:
Composition of Lok Sabha

Maximum 530 represent the States

Strength – 552
20 are the representatives of Union
Territories

2 are nominated from the President from

Anglo-Indian Community

Current Strength 530 represent States

– 542
20 represent Union Territories

2 are nominated from the President from

 Anglo-Indian Community

Note: After coming into effect of The Constitution (One Hundred and Fourth
Amendment) Act, 2019, the provision of special representation of the Anglo-Indian
community in the House of the People by nomination has not been extended further.

Lok Sabha Elections

The members of Parliament (MPs) are elected/appointed from states, union territories
or are appointed from a field of particular expertise. The elections to Lok Sabha occur
every 5 years in the name of general elections. The Constitution of India has
adopted universal adult franchise as a basis of elections to the Lok Sabha and the
state legislative assemblies.
Representation of States in Lok Sabha:
 Members are directly elected by the people from the territorial constituencies in the
states
 Election Principle used – Universal Adult Franchise

 Eligibility to Vote: Any Indian Citizen of/above 18 years of age

Note: Voting age was reduced from 21 to 18 years by the 61st Constitutional
Amendment Act, 1988.
Representation of Union Territories in Lok Sabha:
  Parliament is empowered to choose the members from the UTs in any manner as
it desires
 Election Principle used – Direct Election

Note: Union Territories (Direct Election to the House of the People) Act, 1965, has
been enacted by which the members of Lok Sabha from the union territories are
chosen by direct election.
Representation of Nominated Members in Lok Sabha:
President nominates 2 members from Anglo-Indian Community if they are not
adequately represented.
Note: The provision to nominate Anglo-Indians was extended till 2020 by 95th
Amendment Act, 2009.
Facts about Lok Sabha elections for UPSC
 1st Lok Sabha Election took place in 1952. There were 489 seats elected.
Congress won 364 out of 489 seats. Jawaharlal Nehru became the first Prime
Minister.
 2019 Lok Sabha elections were country’s 17th General Elections. Elections took
place for 552 seats. BJP won 303 seats out of 552. Narendra Modi is the Prime
Minister.
  In 1952, only 22 women were elected while in 2014, 49 women candidates were
elected.
 Elections to Lok Sabha are carried out using a first-past-the-post electoral system.

Who is Lok Sabha Speaker?

The speaker of Lok Sabha is a member who elected from amongst the members of the
house. He chairs the house and no proceedings in the house take place in his absence.
Facts about Lok Sabha Speaker for UPSC:
 1st Lok Sabha Speaker – Ganesh Vasudev Mavalankar (1952-1956) (died in the
office)
 Ananthasayanam Ayyanagar was elected as Lok Sabha Speaker in 1956 who
worked till 1957
 After 16th Lok Sabha elections, Ms Sumitra Mahajan was elected as the Lok
Sabha speaker
 Following 17th Lok Sabha elections (2019 General Elections), Om Birla is the
speaker of Lok Sabha. (To read more on the Lok Sabha Speaker, check the linked
article.)

Lok Sabha Constituencies

There are 543 constituencies in India that take part in the Lok Sabha elections. There
are various doubts related to Lok Sabha constituencies which strike an aspirants’ mind.
Below-given are answers to a few questions related to Lok Sabha constituencies which
you may know for UPSC Prelims:
Which is the largest constituency Ladakh (1,73,266.37
(area-wise)? sq.km)

Which is the smallest constituency Chandni Chowk (10.59

(area-wise)? sq.km)

Which is the largest constituency Malkajgiri (29,53,915)

(electors-wise)

Which is the smallest constituency Lakshadweep (47,972)

(electors-wise)

Lok Sabha and important articles of the Indian Constitution

The following are important articles of the Indian Constitution in relation to Lok Sabha:
Articles Provision

Article Elections to Lok Sabha shall be on the basis of

326 (Part adult suffrage
XV)

Article 83 Lok Sabha will continue for 5 years, unless sooner

(2) dissolved, from the date appointed for its first
meeting and no longer and the expiration of the
said period of five years shall operate as a
dissolution of the House

Article 75 Council of Ministers are collectively responsible to

Lok Sabha

Article Power, superintendence of Election Commission

324 w.r.t. Lok Sabha elections and more

Que. President and impeachment of presient.

Ans. The Union Executive has been discussed in Part V of the Indian Constitution from
Articles 52 to 78. However, here will be discussing the Head of the Indian State or the
President. The President of India is the formal head of the three branches of
governance, namely, the executive, legislature and judiciary. The President of India
also serves as the Commander-in-Chief of the three-armed forces.
Article 52 provides for a President of India and Article 53 vests the executive power of
the Union in the President of India. Though this article states that the power vested can
be exercised by the President of India directly or through the officer’s subordinate to the
President, in practice, the power of the executive is exercised by the Council of
Ministers headed by the Prime Minister. Article 61 deals with the impeachment
procedure of the President of India. But before directly reaching the impeachment
process, we need to know the qualifications, oaths, conditions, and term of office of the
President.

Impeachment
Impeachment is defined as the act of questioning something’s integrity or legitimacy.
The term impeachment refers to the procedure for removing a person in a position from
all of the powers and obligations that the post requires. Impeachment is the term used
to describe the complete process of removing someone from office. It generally refers
to the President, judicial judges, and other constitutional officers. Impeachment refers
to a claim of misbehavior leveled against a public official in a country with a federal
presidential Constitutional republic government.

Conditions of President’s Office (Article 59)

There are certain conditions laid down in the Constitution of India for the office of the
President.
 The President should not be a member of either the house- Lok Sabha or Rajya Sabha
of the Parliament of India or a member of the House of the state legislatures. If any
such person enters the office of the President, he is believed to have vacated the seat
of membership of that House on his entering date of the office of President.
 Any office of profit under the Union or state government shall not be held by the
President.
 The President is entitled to use his official residence (Rashtrapati Bhavan) without
payment of rent.
 The President is also entitled to allowances, emoluments and other privileges as
determined by the Parliament of India.
 The allowances and the emoluments received by the President cannot be diminished
he is in office.

Term of the office of President (Article 56)

From the date President enters upon his office, he holds the office for a term of 5 years.
However, the President can at his will resign from his office by tendering his resignation
letter to the Vice-President at any time.
Further, by the impeachment process, the President can be removed from his office
even he has not completed the term of five years.
Until the person succeeding to the office of President assumes his charge, the sitting
President can hold office extending past 5 years.
 The sitting President can also be re-elected to his office for any number of terms.
However, as it happens, a person can be elected for the office of the President in the
USA only for a maximum of two terms.

Impeachment of President (Article 61)

 The sitting President can be removed from his office before completion of his term of 5
years by the procedure of impeachment of the President of India for ‘violation of the
Constitution.
 Even though impeachment meaning as the removal from his office is known, the term
‘violation of Constitution’ has not been defined by the Constitution.
 Either House of the Parliament of India can initiate the charges of impeachment against
the President.
 One-fourth of the members of the House that has framed the charges of impeachment
should sign the charges and the Presidents should be handed over a notice of 14 days.
 The impeachment resolution is sent to the other House to investigate the allegations
once it is passed by the two-thirds majority of the House which initiated the charges of
impeachment.
 The right to appear before the investigating House and the right to be represented is
possessed by the President.
 However, if the motion is passed in the other House too by a two-thirds majority, the
President is deemed to have been removed from his office from that day.
 The important point to note here is that the nominated members can also participate in
the impeachment process.
 However, the elected members of the state legislatures and the UTs of Delhi and
Puducherry shall not participate in the impeachment process.

A note of President Impeachment

Until now, no president has faced impeachment proceedings in India. The method,
however, has been established by the law of the nation. The President may be
impeached by the Indian Parliament before the end of his term for breaking the Indian
Constitution. The procedure might start in either of Parliament’s two chambers. A
House of Representatives begins by laying accusations against the President. The
allegations are contained in a notice that must be signed by a fourth of the House’s
total members. The notification is then forwarded to the President, who will examine it
after 14 days.
A two-thirds mandate (special proportion) of the total population of the originating
House is required to pass an impeachment resolution against the President, which is
then transmitted to the other House. The allegations made are investigated by the other
House. A two-thirds mandate (special proportion) of the total population of the
originating House is required to pass an impeachment resolution against the President,
which is then transmitted to the other House. The allegations made are investigated by
the other House.

Conclusion
The President of India is the head of the state of India and the executive decisions are
taken in the name of the President.