Constitution of India and professional ethics

Key points:
Constitution of India was adopted by the constituent assembly in 1950.
Indian constitution has 448 Articles, 25 Parts, 12 Schedules.
It has 105 amendments (i.e. changes made to the constitution)

Meaning of constitution?
It is the supreme law of the land, set of rules and regulations. The purpose of the constitution
is outlining the role, rights and duties of the citizens as well as defining the structure, powers
and limits of the of the government and its organs that is legislative, executive and judiciary.
Need of constitution:
a. It provides a basic set of rules that allows for minimal co-ordination amongst the
members of society.
b. To specify who has the power to make decisions in a society i.e, it helps in separating
and distributing powers among the institutions of the government.
c. It helps in preventing the government from acting arbitrarily.
d. It provides rights and justice to every citizen.
e. It upholds human rights and democratic values.

List of Salient Features of Indian Constitution

Following is the complete list of the Salient features of Constitution of India:
1. Lengthiest Written Constitution
2. Drawn from Various Sources
3. Blend of Rigidity and Flexibility
4. Federal System with Unitary Bias
5. Parliamentary Form of Government
6. Synthesis of Parliamentary Sovereignty and Judicial Supremacy
7. Rule of Law
8. Integrated and Independent Judiciary
9. Fundamental Rights
10. Directive Principles of State Policy
11. Fundamental Duties
12. Indian Secularism
13. Universal Adult Franchise
14. Single Citizenship
15. Independent Bodies
16. Emergency Provisions
17. Three-tier Government
18. Co-operative Societies

The following list and a brief explanation of the features of the Indian Constitution-
1. Lengthiest Written Constitution
The Constitution of India is the lengthiest and also detailed constitutional document present in
the world so far. It is a very comprehensive, elaborate, and also detailed document. A few
reasons for its lengthy nature is because of geographical factors, historical factors, a single
constitution for both centre and states and dominance of legal luminaries in the Constituent
Assembly.
2. Drawn from Various Sources
The Constitution of India has borrowed most of its provisions from the constitutions of many
countries as well as from the Government of India Act of 1935.
The structural part of the Constitution is borrowed from the Government of India Act of 1935.
The philosophical aspect of the constitution is derived from the American and Irish
constitutions respectively. Political portions of the Constitution have been largely taken from
the British Constitution.
3. Blend of Rigidity and Flexibility
The Indian constitution is a mixed and unique example of both rigidity and flexibility, which
is based on its amending procedure. Some provisions can be amended by a special
parliamentary majority.
4. Preamble of the Constitution
The preamble of the Indian Constitution consists of the ideals, objectives, and also basic
principles of the Constitution. The objectives which flow from the Preamble direct the salient
features of the Constitution.
It asserts that India is a Sovereign Socialist Secular Democratic Republic and a welfare state
committed to securing justice, liberty, and equality for people and also the promotion of
fraternity, dignity, and unity of individuals and the country.
5. Rule of Law
Law is sovereign in a democracy. There is no room for arbitrariness and the individuals enjoy
some fundamental rights. The highest judiciary is the final authority in maintaining the sanctity
of the law. The promotion of Lok Adalats and the venture of the Supreme Court also known as
“public interest litigation” have been implemented.
6. Federalism
The Constitution of India establishes a federal form of government system in India. The
features of the federal government like that of two government levels, divisions of power,
supremacy, and also rigidity of written constitution and bicameralism are present in it. Features
of a unitary form of government such as that of single citizenship, strong center, single
constitution, flexibility of constitution, all-India services, integrated judiciary, emergency
provisions, and so on are included. Article 1 says India is a “Union of States“, which implies:
1. Indian Federation is not the result of agreements by the states.
2. States do not have the right to secede from the federation.
7. Parliamentary Form of Government
The parliament form, which is mostly borrowed from the British system, is on the principles
of cooperation and coordination of legislative and executive. It is a responsible and cabinet
government. Not only in the center but parliamentary forms of government are also followed
in the states.
Some features of the parliamentary form of government are as follows:
• Nominal and real executives.
• Rule of the majority party
• Collective responsibility of the executive to the legislature
• Membership of the ministers in the legislatures.
8. Integrated and Independent Judiciary
India has a single integrated judicial system and the Constitution also establishes an
independent judiciary by enabling the Indian judiciary to be free from the influences of both
executive and the legislature. Supreme Court stands as the main body of the judicial system
and below the Supreme Court is the high courts at the state level.
The Supreme Court is a federal court, with the highest court of appeal, the guarantor of
fundamental rights for citizens and guardian of the Constitution.
9. Directive Principles of State Policy
The directive principles of state policies aimed at making India a welfare state. They are
enumerated in Part IV of the Constitution. This was included to provide social and economic
justice to the people. Their usefulness lies in the moral obligation to apply them to the states in
making the laws and is hence fundamental for the country’s governance.
10. Parliamentary Sovereignty and Judicial Supremacy
The framers of the Indian Constitution have prepared a proper synthesis of the British principle
of parliamentary sovereignty and also the American principle of Judicial supremacy. The
Supreme Court of India can declare the parliamentary laws as being unconstitutional through
the power of judicial review and the parliament can amend the major portion of the constitution
through constituent power.
11. Fundamental Rights
They refer to the basic human rights which are enshrined in the Constitution of India,
guaranteed to all citizens, and are applied without discrimination on the basis of race, religion,
etc., and are enforceable by the courts, subject to certain conditions. Fundamental rights are
meant for the promotion of the idea of political democracy and operate as limitations on the
tyranny of the executive and arbitrary laws of the legislature and are justiciable in nature.
There are six fundamental rights as mentioned below:
1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom and Religion (Article 15-28)
5. Cultural and Educational Rights (Article 29-30)
6. Rights to Constitutional Remedies (Article 32)

12. Secularism
The constitution of India is a secular state and does not hold any particular religion as the
official religion. No discrimination is shown by the state against any person on account of
religion. Constitution has also overcome the earlier system of communal representation.
However, temporary reservations of seats for the scheduled castes and scheduled tribes are to
ensure adequate representation of them.
13. Adult Franchise
Indian democracy functions on the basis of “one person one vote”. Every citizen of the country,
above 18 years of age or above is entitled to vote in the elections, which is mostly irrespective
of caste, sex, race, and so on. The constitution tries to establish equality in India through the
method of universal adult franchise.

History of the Indian Constitution

It was embraced by the Constituent Assembly of India on 26 November 1949 and became
successful on 26 January 1950. The constitution supplanted the Government of India Act
1935 as the country’s principal administering report, and the Dominion of India turned into the
Republic of India. To guarantee sacred autochthony, its designers cancelled earlier
demonstrations of the British parliament in Article 395. India commends its constitution on 26
January as Republic Day.
It was adopted by the Constitution Assembly. The chairman was Dr. B.R. Ambedkar, who is
widely considered to be the architect of the Constitution of India. With the adoption of the
constitution, The Union of India became the contemporary and also the modern Republic of
India. The constitution declares India to be a sovereign, socialist, secular, and also democratic
republic, which assures its citizens justice, liberty, and equality and promotes fraternity.
However prior to the Indian constitution 1950 which we have adopted now, before this there
were 2 other main important Acts which is “The government if India Act 1935” (which is the
parent act of Indian constitution) and “The Indian independence Act 1947”, these were
governing the legislation of India provinces under the British controlled India. But these were
repealed after the commencement of the constitution of 1950.

Societies before and after the adoption of constitution

If we have to trace out the historical background of rights and liberties, we should date back
to “The Magna Carta of 1215”.
Prior to this magna carta there was only rulers supremacy and the rights and liberties of people
were not written anywhere. Therefore the rulers rule was supreme law and nobody could
question it.
Therefore Magna Carta is called as the “birth certificate of rights and liberties” and the rulers
are bound by it.
Magna carta means, it is a document that became the great charter of rights and liberties of
every individuals. It lays the bed rock principle as “No man is above law” i.e, everyone is
equal before law and the law applies to the ruler as well. It is the first document to recognize
“Rule of law” i.e, it recognises 6 rights they are,
1. No arbitrary arrest and detention by the king
2. There was establishment of regular courts
3. It recognized widows right to remarry and right not to be compelled to remarry
4. Right to remedy
5. Right to own property
6. Right to compensation for deprivation of rights

Making of the Constitution

The idea of forming a constituent assembly in order to make (draft) the constitution was given
by Mr MN Roy and followed by this it was the then Indian National Congress demanded for
forming a constituent assembly. This demand was accepted by the British government in 1940.
Then finally the Indian Constitution was drafted by the constituent assembly from 1946-1950
and it was finally adopted on 26th November in 1949 and it came into force on 26th January
1950. The constituent assembly had precisely taken 2years, 11months and 17days to complete
the drafting of the constitution.
The constituent assembly was established in December 1946. And it had 299 members. Dr
Rajendra Prasad was in charge of heading the constituent assembly. This constituent assembly
established a drafting committee on 29th August 1947 whose chairman was Dr BR Ambedkar.
The Constituent assembly has a total of 22 committees and one among that is the drafting
committee who drafted the constitution. Drafting committee had a total of 7 members in it. And
the draft prepared by this committee had a preamble, 395 articles, 8 schedules but now at
present we have 448 articles and 12 schedules (others were added later on by amendments).

Important Amendments of the Constitution of India

The constitution of India is not rigid by nature and can be amended by the Parliament, by
keeping in mind certain rules. There have been changes adopted by the Constitution of India
in a number of situations. A few important amendments of the Indian Constitution are:
1. 42nd Amendment
2. 44th Amendment
The 42nd Amendment is also referred to as the “Mini Constitution” as it made some remarkable
changes to the constitution. It was during the Emergency of 1976. The Amendment changed
the description of India from “sovereign democratic republic” to that of “sovereign, socialist
secular democratic republic” and also changed the words from “unity of the nation” to “unity
and integrity of the nation”.
44th Amendment of 1978 removed the right to property from the list of fundamental rights and
Article 300-A, was added to the constitution; which stated “no person shall be deprived of his
property save by authority of law”.

Preamble to the Indian Constitution

What is a Preamble?
▪ A preamble is an introductory statement in a document that explains the
document’s philosophy and objectives.
▪ In a Constitution, it presents the intention of its framers, the history behind its
creation, and the core values and principles of the nation.
Although not enforceable in court, the Preamble states the objectives of the Constitution, and
acts as an aid during the interpretation of Articles when language is found ambiguous.
It is indicated by the Preamble that the source of authority of the Constitution lies with the
people of India.
Preamble declares India to be a sovereign, socialist, secular and democratic republic.
The objectives stated by the Preamble are to secure justice, liberty, equality to all citizens and
promote fraternity to maintain unity and integrity of the nation.

Key words in the Preamble

We, the people of India: It indicates the ultimate sovereignty of the people of India. Sovereignty
means the independent authority of the State, not being subject to the control of any other State
or external power.
Sovereign: The term means that India has its own independent authority and it is not a
dominion of any other external power. In the country, the legislature has the power to make
laws which are subject to certain limitations.
Socialist: The term means the achievement of socialist ends through democratic means. It holds
faith in a mixed economy where both private and public sectors co-exist side by side.
It was added in the Preamble by 42nd Amendment, 1976.
Secular: The term means that all the religions in India get equal respect, protection and support
from the state.
It was incorporated in the Preamble by 42nd Constitutional Amendment, 1976.
Democratic: The term implies that the Constitution of India has an established form of
Constitution which gets its authority from the will of the people expressed in an election.
Republic: The term indicates that the head of the state is elected by the people. In India, the
President of India is the elected head of the state.

Objectives of the Indian Constitution

The Constitution is the supreme law and it helps to maintain integrity in the society and to
promote unity among the citizens to build a great nation.
The main objective of the Indian Constitution is to promote harmony throughout the nation.
The factors which help in achieving this objective are:
Justice: It is necessary to maintain order in society that is promised through various provisions
of Fundamental Rights and Directive Principles of State Policy provided by the Constitution
of India. It comprises three elements, which is social, economic, and political.
Social Justice – Social justice means that the Constitution wants to create a society without
discrimination on any grounds like caste, creed, gender, religion, etc.
Economic Justice – Economic Justice means no discrimination can be caused by people on
the basis of their wealth, income, and economic status. Every person must be paid equally for
an equal position and all people must get opportunities to earn for their living.
Political Justice – Political Justice means all the people have an equal, free and fair right
without any discrimination to participate in political opportunities.
Equality: The term ‘Equality’ means no section of society has any special privileges and all the
people have given equal opportunities for everything without any discriminations. Everyone is
equal before the law.
Liberty: The term ‘Liberty’ means freedom for the people to choose their way of life, have
political views and behaviour in society. Liberty does not mean freedom to do anything, a
person can do anything but in the limit set by the law.
Fraternity: The term ‘Fraternity’ means a feeling of brotherhood and an emotional attachment
with the country and all the people. Fraternity helps to promote dignity and unity in the nation.

Status of Preamble
The preamble being part of the Constitution is discussed several times in the Supreme Court.
It can be understood by reading the following two cases.
Berubari Case: It was used as a reference under Article 143(1) of the Constitution which was
on the implementation of the Indo-Pakistan Agreement related to the Berubari Union and in
exchanging the enclaves which were decided for consideration by the bench consisting of eight
judges.
Through the Berubari case, the Court stated that ‘Preamble is the key to open the mind of the
makers’ but it can not be considered as part of the Constitution. Therefore it is not enforceable
in a court of law.
Kesavananda Bharati Case: In this case, for the first time, a bench of 13 judges was assembled
to hear a writ petition. The Court held that:
The Preamble of the Constitution will now be considered as part of the Constitution.
The Preamble is not the supreme power or source of any restriction or prohibition but it plays
an important role in the interpretation of statutes and provisions of the Constitution.
So, it can be concluded that preamble is part of the introductory part of the Constitution.
In the 1995 case of Union Government Vs LIC of India also, the Supreme Court has once
again held that Preamble is the integral part of the Constitution but is not directly enforceable
in a court of justice in India.

Amendment of the Preamble

42nd Amendment Act, 1976: After the judgment of the Kesavanand Bharati case, it was
accepted that the preamble is part of the Constitution.
As a part of the Constitution, preamble can be amended under Article 368 of the Constitution,
but the basic structure of the preamble can not be amended.
As of now, the preamble is only amended once through the 42nd Amendment Act, 1976.
The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through 42nd
Amendment Act, 1976.
‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.
‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.

Fundamental rights
It has been given in the part 3 of the constitution of India.
(refer another pdf)

Fundamental duties
How were the Fundamental Duties Incorporated?
The idea of Fundamental Duties is inspired from the Constitution of Russia (erstwhile Soviet
Union).
These were incorporated in Part IV-A of the Constitution by the 42nd Constitutional
Amendment Act, 1976 on the recommendations of the Swaran Singh Committee.
Originally 10 in number, one more duty was added through the 86th Constitutional Amendment
Act, 2002.
All the eleven duties are listed in Article 51-A of the Constitution (the sole Article in Part-IV-
A)
What are the Listed Fundamental Duties?
1. To abide by the Constitution and respect its ideals and institutions, the National Flag
and the National Anthem,
2. To cherish and follow the noble ideals that inspired the national struggle for freedom,
3. To uphold and protect the sovereignty, unity and integrity of India,
4. To defend the country and render national service when called upon to do so,
5. To promote harmony and the spirit of common brotherhood amongst all the people of
India transcending religious, linguistic and regional or sectional diversities and to
renounce practices derogatory to the dignity of women,
6. To value and preserve the rich heritage of the country’s composite culture,
7. To protect and improve the natural environment including forests, lakes, rivers and
wildlife and to have compassion for living creatures,
8. To develop scientific temper, humanism and the spirit of inquiry and reform,
9. To safeguard public property and to abjure violence,
10. To strive towards excellence in all spheres of individual and collective activity so that
the nation constantly rises to higher levels of endeavour and achievement, and
11. To provide opportunities for education to his child or ward between the age of six and
fourteen years (added by the 86th Constitutional Amendment Act, 2002).

Power and Function of Prime Minister

Prime Minister of India serves the country by following various functions. He performs his
functions taking responsibilities as:

1 The leader of Country: The Prime Minister of India is the Head of the Government of India.
2 Portfolio allocation: The Prime Minister has the authority to assign portfolios to the
Ministers.
3 Chairman of the Cabinet: The Prime Minister is the chairman of the cabinet and presides
the meetings of the Cabinet. He can impose his decision if there is a crucial opinion difference
among the members.
4 Official Representative of the country: Prime minister represents the country for high-level
international meetings
5 The link between the President and the Cabinet: The Prime Minister acts as the link
between President and cabinet. He communicates all decisions of the Cabinet to the President
which is related to the administration of the affairs of the Union and proposals for legislation.
6 Head: The Prime Minister is the head of Nuclear Command Authority, NITI Aayog,
Appointments Committee of the Cabinet, Department of Atomic Energy, Department of Space
and Ministry of Personnel, Public Grievances and Pensions.
7 Chief Advisor: He acts as the chief advisor to the President

Who is eligible to be a Prime Minister?

To become an Indian prime minister one has to be

1. A citizen of India.
2. A member of either Rajya Sabha or Lok Sabha
 3. He should have completed his 30 years if he is a member of the Rajya Sabha or can be
25 years of age if he is a member of the Lok Sabha

Indian Parliament
Parliament is the supreme legislative body of India. The Indian Parliament comprises of the
President and the two Houses - Rajya Sabha (Council of States) and Lok Sabha (House of the
People). The President has the power to summon and prorogue either House of Parliament or
to dissolve Lok Sabha. The Constitution of India came into force on January 26, 1950.

The Rajya Sabha

Rajya Sabha is the Upper House of the Indian Parliament.
This house is permanent in nature as it can never be dissolved. This is because every member
elected to the Rajya Sabha serves for a term of 6 years and one-third of members do retire
biennially, while the other members continue their tenure. It’s like an election in different
batches.Retired members are subject to re-election.
This house consists of 250 members out of which, 238 members are elected by means of a
single transferable vote. 12 members are nominated by the President on the advice of the
council of ministers.
Article 84 of the Indian Constitution provides for the qualification to become a member of
Rajya Sabha, i.e. one must have the nationality of India, doesn’t holds any office of profit and
must have completed 30 years of age. Article 102 of the Indian Constitution provides for
conditions on which one can be disqualified from either of the houses. It says that one must be
disqualified as a member of the house if,
he/she holds any office of profit;
he/she is of unsound mind;
he/she is discharged insolvent;
he/she is not a citizen of India and has voluntarily accepted the nationality of other nations;
he/she is disqualified under any law made by the Parliament.

The Lok Sabha

The provisions of Article 331 of the Indian Constitution provides for the existence of the house
of the people and shall consist of a maximum of 550 seats and 530 chosen members from
different states, not more than 20 members to be chosen from the Union Territories. If President
feels that there is a lack of representation of the Anglo-Indian Community in parliament he may
nominate two members of the Anglo-Indian Community.
Some seats are also reserved for the Scheduled Caste and Scheduled tribes communities
especially laid aside for them all over the country.
The representation is allocated to the states and the Union Territories according to the
Representation of the people Act passed by the Parliament of India in 1951.
The Lok Sabha, unless dissolved midway, continues its tenure for 5 years from the day of its
first meeting.
Tenure of Lok Sabha is 5 years
The members elected by Universal Adult Suffrage serve their offices for a tenure of five years.
However, if devoid of a popular majority, the government can fall and the house can dissolve
midway anytime before the completion of five years.
Qualification for Membership of Parliament
Qualifications necessary for becoming a member of parliament is provided in Article 84 of the
Indian Constitution.
Following are the qualifications:
he/she should be a citizen of India.
In the case of Upper House,i.e. Rajya Sabha, he/she should have completed at least 30 years of
age and for Lower House,i.e. Lok Sabha, he/she should have completed 25 years of age.
he/she need to comply with other such qualifications as prescribed in any law by the Indian
Parliament.
Disqualification
Now, Article 102 of the Indian Constitution lays the grounds on which a legislator can be
disqualified as a member of the Parliament.
Those grounds are:
If he/she holds any office of profit under the Government of India or any of the states;
If he/she is declared of unsound mind by a Court;
If he/she is an undischarged insolvent;
If he/she is not a citizen of India anymore;
If he/she is disqualified by virtue of any law passed by the parliament of India.
Session of parliament:
There should be at least 2 sessions in a year with not more than six months gap between each
session. Types of bills can be placed before the parliament are, ordinary bill, constitutional
amendment bill, money bill and financial bill.

The Union executive (article 52 – 73)

It consists of the President, the Vice-President, and the Council of Ministers with the Prime
Minister as the head to aid and advice the President.

President
Key point: Part 5 of the constitution talks about union executive.
Article 52 – 62 speaks about president.
The President is elected by members of an electoral college consisting of elected members of
both Houses of Parliament and Legislative Assemblies of the states in accordance with the
system of proportional representation, by means of single transferable vote. To secure
uniformity among state inter se, as well as parity between the states as a whole, and the Union,
suitable weightage is given to each vote. The President must be a citizen of India, not less than
35 years of age, and qualified for election as member of the Lok Sabha. His term of office is
five years, and he is eligible for re-election. His removal from office is to be in accordance
with procedure prescribed in Article 61 of the Constitution by way of impeachment. He may,
by writing under his hand addressed to the Vice-President, resign his office.

Executive power of the Union is vested in the President, and is exercised by him either directly
or through officers subordinate to him in accordance with the Constitution. Supreme command
of defence forces of the Union also vests in him. The President summons, prorogues, addresses,
sends messages to Parliament and dissolves the Lok Sabha, promulgates Ordinances at any
time, except when both Houses of Parliament are in session, makes recommendations for
introducing financial and money bills and gives assent to bills, grants pardons, reprieves,
respites or remission of punishment or suspends, and remits or commutes sentences in certain
cases. When there is a failure of the constitutional machinery in a state, he can assume to
himself all, or any of the functions of the government of that state. The President can proclaim
emergency in the country if he is satisfied that a grave emergency exists, whereby security of
India or any part of its territory is threatened, whether by war or external aggression or armed
rebellion.
Vice-President
Key points: He is the chairman of Rajya Sabha
Article 63 – 73 speaks about vice President
The Vice-President is elected by members of an electoral college consisting of members of
both Houses of Parliament in accordance with the system of proportional representation by
means of single transferable vote. He must be a citizen of India, not less than 35 years of age,
and eligible for election as a member of the Rajya Sabha. His term of office is five years, and
he is eligible for re-election. His removal from office is to be in accordance with procedure
prescribed in Article 67 b.

The Vice-President is ex-officio Chairman of the Rajya Sabha and acts as President when the
latter is unable to discharge his functions due to absence, illness or any other cause, or till the
election of a new President (to be held within six months when a vacancy is caused by death,
resignation or removal or otherwise of President). While so acting, he ceases to perform the
function of the Chairman of the Rajya Sabha.

Council of Ministers
Which articles in the Constitution deal with the Council of Ministers?
Two articles – Article 74 and Article 75 of the Indian Constitution deal with the Council of
Ministers. Where article 74 mentions that the council will be headed by the Prime Minister of
India and will aid and advise the President, article 75 mentions the following things:

They are appointed by the President on the advice of Prime Minister

They along with the Prime Minister of India form 15% of the total strength of the lower house
i.e. Lok Sabha. (The number cannot exceed 15%)
91st Amendment Act provided for the disqualification of the minister when he stands
disqualified as a member of Parliament. (Difference between Lok Sabha and Rajya Sabha can
be referred to in the linked article.)
A Minister ceased to exist as one if he is not a member of either house of Parliament for six
consecutive months.
Parliament decides the salary and allowances of the council of ministers.
The advice given by the council of ministers is binding on the President and this provision was
introduced by the 42nd Amendment Act 1976 and 44th Amendment Act 1978.

There is a Council of Ministers headed by the Prime Minister to aid and advise the President
in exercise of his functions. The Prime Minister is appointed by the President, who also
appoints other ministers on the advice of Prime Minister. The Council is collectively
responsible to the Lok Sabha. It is the duty of the Prime Minister to communicate to the
President all decisions of Council of Ministers relating to administration of affairs of the Union
and proposals for legislation and information relating to them.
The Council of Ministers comprises Ministers who are members of Cabinet, Ministers of State
(independent charge), Ministers of State and Deputy Ministers.

State Executive
The State Executive consists of the Chief Minister, the Council of Ministers and the Governor.
It has the same Parliamentary pattern as followed by the Union Government with the upper
hand being given to the Union in certain matters. This has been done to maintain the unitary
spirit of the structure of the country. The Governor plays the twofold role of being the
constitutional head at the stage level as well as being a link between the state government and
the centre. He/She acts on the advice of the Council of Ministers and all executive actions are
taken in his name.

The Governor
Article 153 of the Indian Constitution provides for every State to have a Governor. Just like the
President is the nominal head of the republic, the Governor is the nominal head of a state. This
means that he/she has powers and functions similar to the President of India but operates at the
state level, with the real power lying in the hands of the State Chief Minister and his/her council
of ministers. Further, the 7th Constitution Amendment Act of 1956 has added a provision under
Article 153 which provides for the same person to act as the Governor of two states
simultaneously. The term of office of the Governor is 5 years.

The Chief Minister

Appointment of the Chief Minister
The Chief Minister is the most powerful functionary at the State Government level and is the
executive head of the state. He/She is appointed by the Governor. Post the general elections,
the party with the majority votes and elects its leader. This person is then appointed as Chief
Minister. In case, no particular party secures majority support, the Governor asks the leader of
the single largest party to form the Government or in case of a coalition, the group’s leader is
appointed as Chief Minister.

Emergency Provisions
A state of emergency in India refers to a period of governance that can be proclaimed by the
President of India during certain crisis situations. Under the advice of the cabinet of ministers,
the President can overrule many provisions of the Constitution, which guarantees Fundamental
Rights to the citizens of India.
The emergency provisions are contained in Part XVIII of the Constitution of India, from Article
352 to 360. These provisions enable the Central government to meet any abnormal situation
effectively.
The rationality behind the incorporation is to safeguard the sovereignty, unity, integrity and
security of the country, the democratic political system and the Constitution.
The Constitution stipulates three types of emergencies-
1. National Emergency
2. Constitutional/state Emergency
3. Financial Emergency

NATIONAL EMERGENCY
National emergency can be declared on the basis of war, external aggression or armed rebellion.
The Constitution employs the expression ‘proclamation of emergency’ to denote an emergency
of this type.
Grounds of declaration:
Under Article 352, the president can declare a national emergency when the security of India
or a part of it is threatened by war or external aggression or armed rebellion.
The President can declare a national emergency even before the actual occurrence of war or
armed rebellion or external aggression
When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is
known as ‘External Emergency’. On the other hand, when it is declared on the grounds of
‘armed rebellion’, it is known as ‘Internal Emergency’.
Till now national emergency has been declared 3 times i.e,
1. From 1962 – 1968, Indo-China war
 2. From 1968 – Indo-Pak war
3. In 1975 – During the period of Smt. Indira Gandhi due to internal disturbance.
Once the emergency has been declared it continues to exist 6 years after the date of declaration
until ratification by parliament. 2/3 majority of the members present and voting inside one
month or declaration shall stop functioning.

STATE EMERGENCY
Emergency declared in a particular state due to aggression in a state.
President’s Rule
Article 355 imposes a duty on the centre to ensure that the government of every state is carried
on in accordance with the provisions of the constitution.
It is this duty in the performance of which the centre takes over the government of a state under
Article 356 in case of failure of constitutional machinery in a state.
This is popularly known as ‘President’s Rule’.
Grounds of imposition: the president’s ruler can be proclaimed under Article 356 on two
grounds:
Article 356 empowers the President to issue a proclamation if he is satisfied that a situation has
arisen in which the government of a state cannot be carried on in accordance with the provisions
of the constitution.
Article 365 says that whenever a state fails to comply with or to give effect to any direction
from the centre, it will be lawful for the President to hold that a situation has arisen in which
the government of the state cannot be carried on in accordance with the provisions of the
constitution.
Till now state emergency has been declared on 35 occasions under the Indira Gandhi’s rule.
Without revocation its life can be prolonged by 6 months most times but not after 3 years.

Parliamentary approval and duration: A proclamation imposing president’s rule must be

approved by both the houses of parliament within two months from the date of its issue.
However, if the proclamation of President’s rule is issued at a time when the Lok Sabha has
been dissolved or the dissolution of the Lok Sabha takes place during the period of two months
without approving the proclamation, then the proclamation survives until 30 days from the first
sitting of the Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in
the meantime
Consequences of the President’s rule: The President acquires the following extraordinary
powers when the President’s rule is imposed in a state:
He can take up the functions of the state government and powers vested in the governor or any
other executive authority in the state.
He can declare that the powers of the state legislature are to be exercised by the parliament.
He can take all other necessary steps including the suspension of the constitutional provisions
relating to any body or authority in the state.

FINANCIAL EMERGENCY
Grounds of declaration: Article 360 empowers the president to proclaim a Financial
Emergency if he is satisfied that a situation has arisen due to which the financial stability or
credit of India or any part of its territory is threatened.
Parliamentary approval and duration: A proclamation declaring financial emergency must be
approved by both the Houses of Parliament within two months from the date of its issue.
This article has never been used till now.
Special provisions relating to certain classes
Key points: It is given in part 16 of the constitution of India, from articles 330-342A.
Article 330: Reservation of seats for scheduled castes and scheduled tribes in the house of
people. (84 and 47 seats)
Article 331: Representation of Anglo Indian community in the house of people. (President can
nominate 2 members)
Article 332: Reservation of seats for scheduled castes and scheduled tribes in the legislative
assemblies of state.
Article 333: Representation of the Anglo Indian community in the legislative assemblies of
state. (Governor can nominate 1 member from that community).
Article 334: Reservation of seats and special representation to cease after certain period.
Article 335: Claims of scheduled castes and scheduled tribes to services and posts.
Article 336: Special provisions for Anglo Indian community in certain services i.e, railway,
customs, postal, telegraph services of union.
Article 337: Special provisions with respect to educational grants for the benefit of Anglo
Indian community
Article 338: National commission for scheduled caste
The commission shall consists of, 1 chairperson, 1 vice chairperson and 3 other members.
Their tenure may be decided by the president. They shall be appointed by the president.
Commission has power to regulate its own procedure.
Duties:
a. To investigate and monitor all matters relating to the safeguards provided for scheduled
caste in the constitution.
b. To enquire into specific complaints regarding deprivation of their rights.
c. To plan socio economic development program.
d. They should submit to the president annually about the reports on working of those
safeguards.
e. To make any recommendations in that report.
f. To discharge such other functions as necessary.
Powers:
The commission shall while investigating any matter referred to it shall have all the
powers of a civil court in the matters like
a. Summoning attendance of a person
b. Examining him on oath
c. Requiring the discovery and production of any documents
d. Receiving evidence on affidavits
e. Issuing commissions for the examination of witnesses and documents
Article 338A: National commission for scheduled tribes.
Article 338B: National commission for backward classes.
Article 339: Control of the union over the administration of scheduled areas and the welfare of
scheduled tribes.
Article 340: Appointment of a commission to investigate the conditions of backward classes.
That is to remove difficulties under which they work, improve their conditions, utilizing grants
allotted for their development.
Article 341: Scheduled castes
Article 342: Scheduled tribes
Under these two articles the president may after consultation with the governor of the state
specify who can belong to these categories and parliament may by law include or exclude any
category to this category.
Article 342A: Socially and educationally backward classes.
Directive Principle of State Policy

The Constitution lays down certain Directive Principles of State Policy, which though not
justiciable, are 'fundamental in governance of the country', and it is the duty of the State to
apply these principles in making laws. These lay down that the State shall strive to promote the
welfare of people by securing and protecting as effectively as it may, a social order, in which
justice-social, economic and political-shall form in all institutions of national life. The State
shall direct its policy in such a manner as to secure the right of all men and women to an
adequate means of livelihood, equal pay for equal work and within limits of its economic
capacity and development, to make effective provision for securing the right to work, education
and to public assistance in the event of unemployment, old age, sickness and disablement or
other cases of undeserved want. The State shall also endeavour to secure to workers a living
wage, humane conditions of work, a decent standard of life, and full involvement of workers
in management of industries. It is given in part 4 of the constitution.

Article 36 Definition : In this Part, unless the context otherwise requires, “the State” has the
same meaning as in Part III.
Article 37: Application of the principles contained in this Part.
Article 38: State to secure a social order for the promotion of welfare of the people.
1[(1)] The State shall strive to promote the welfare of the people by securing and protecting
as effectively as it may a social order in which justice, social, economic and political, shall
inform all the institutions of the national life.
2[(2) The State shall, in particular, strive to minimise the inequalities in income, and
endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst
individuals but also amongst groups of people residing in different areas or engaged in different
vocations.]
Article 39: Certain principles of policy to be followed by the State
The State shall, in particular, direct its policy towards securing—
(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;
(b) that the ownership and control of the material resources of the community are so distributed
as best to subserve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth and
means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children are
not abused and that citizens are not forced by economic necessity to enter avocations unsuited
to their age or strength;
1[(f) that children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.]
Article 39A: Equal justice and free legal aid
Article 40: Organisation of village panchayats
Article 41: State shall make effective provision for securing the right to work, to education and
to public assistance in cases of unemployment, old age , sickness and disablement.
Article 42: State shall make provision for just and humane conditions of work and maternity
relief.
Article 43: State shall endeavour to secure for all labourers and workers a decent standard of
life, living wages, full enjoyment of leisure, social and cultural opportunities.
Article 43A: State to provide participation of workers in management of industries
Article 44: Uniform civil code
Article 45: Provision for free and compulsory education for children
Article 46: Promotion of education and economic interests of scheduled cast, scheduled tribes
and other weaker section of the society
Article 47: Duty of the state to raise the level of nutrition and standard of living and to improve
public health
Article 48: Organisation of agriculture and animal husbandry
Article 48A: Protection and improvement of environment and safeguarding of forest and
wildlife
Article 49: Protection of monuments and places and objects of national importance
Article 50: Separation of judiciary from executive
Article 51: Promotion of international peace and security

Professional ethics
Engineering ethics are principles and guidelines engineers follow to ensure their decision-
making is aligned with their obligations to the public, their clients, and the industry.
The code of ethics ensures that engineers preserve society in all their endeavours. By following
these codes, engineers ensure that they uphold the interests of the society and other key
stakeholders in their work. It helps create and impact sustainable development and safety for
society as a whole.

Objectives: The main objectives of the engineering code of ethics are to (i) protect the public,
(ii) protect and further develop the profession. 2 Engineering ethics Engineering Ethics is the
study of moral issues and decisions confronting individuals and organisations engaged in
engineering.

Role of engineer: Engineers, as practitioners of engineering, are professionals who invent,

design, analyse, build and test machines, complex systems, structures, gadgets and materials to
fulfil functional objectives and requirements while considering the limitations imposed by
practicality, regulation, safety and cost.

Code of Ethics for Engineers

It mainly has 7 points,
1. Integrity and honesty
2. Safety
3. Accountability
4. Conflict of interest
5. Engineers and society
6. Promote sustainability
7. Engineers shall avoid deceptive acts

Preamble
Engineering is an important and learned profession. As members of this profession, engineers
are expected to exhibit the highest standards of honesty and integrity. Engineering has a direct
and vital impact on the quality of life for all people. Accordingly, the services provided by
engineers require honesty, impartiality, fairness, and equity, and must be dedicated to the
protection of the public health, safety, and welfare. Engineers must perform under a standard
of professional behaviour that requires adherence to the highest principles of ethical conduct.
I. Fundamental Canons
Engineers, in the fulfilment of their professional duties, shall:
Hold paramount the safety, health, and welfare of the public.
Perform services only in areas of their competence.
Issue public statements only in an objective and truthful manner.
Act for each employer or client as faithful agents or trustees.
Avoid deceptive acts.
Conduct themselves honourably, responsibly, ethically, and lawfully so as to enhance the
honour, reputation, and usefulness of the profession.

II. Rules of Practice

Engineers shall hold paramount the safety, health, and welfare of the public.
If engineers' judgment is overruled under circumstances that endanger life or property, they
shall notify their employer or client and such other authority as may be appropriate.
Engineers shall approve only those engineering documents that are in conformity with
applicable standards.
Engineers shall not reveal facts, data, or information without the prior consent of the client or
employer except as authorised or required by law or this Code.
Engineers shall not permit the use of their name or associate in business ventures with any
person or firm that they believe is engaged in fraudulent or dishonest enterprise.
Engineers shall not aid or abet the unlawful practice of engineering by a person or firm.
Engineers having knowledge of any alleged violation of this Code shall report thereon to
appropriate professional bodies and, when relevant, also to public authorities, and cooperate
with the proper authorities in furnishing such information or assistance as may be required.
Engineers shall perform services only in the areas of their competence.
Engineers shall undertake assignments only when qualified by education or experience in the
specific technical fields involved.
Engineers shall not affix their signatures to any plans or documents dealing with subject matter
in which they lack competence, nor to any plan or document not prepared under their direction
and control.
Engineers may accept assignments and assume responsibility for coordination of an entire
project and sign and seal the engineering documents for the entire project, provided that each
technical segment is signed and sealed only by the qualified engineers who prepared the
segment.
Engineers shall issue public statements only in an objective and truthful manner.
Engineers shall be objective and truthful in professional reports, statements, or testimony. They
shall include all relevant and pertinent information in such reports, statements, or testimony,
which should bear the date indicating when it was current.
Engineers may express publicly technical opinions that are founded upon knowledge of the
facts and competence in the subject matter.
Engineers shall issue no statements, criticisms, or arguments on technical matters that are
inspired or paid for by interested parties, unless they have prefaced their comments by
explicitly identifying the interested parties on whose behalf they are speaking, and by revealing
the existence of any interest the engineers may have in the matters.
Engineers shall act for each employer or client as faithful agents or trustees.
Engineers shall disclose all known or potential conflicts of interest that could influence or
appear to influence their judgment or the quality of their services.
Engineers shall not accept compensation, financial or otherwise, from more than one party for
services on the same project, or for services pertaining to the same project, unless the
circumstances are fully disclosed and agreed to by all interested parties.
Engineers shall not solicit or accept financial or other valuable consideration, directly or
indirectly, from outside agents in connection with the work for which they are responsible.
Engineers in public service as members, advisors, or employees of a governmental or quasi-
governmental body or department shall not participate in decisions with respect to services
solicited or provided by them or their organisations in private or public engineering practice.
Engineers shall not solicit or accept a contract from a governmental body on which a principal
or officer of their organisation serves as a member.
Engineers shall avoid deceptive acts.
Engineers shall not falsify their qualifications or permit misrepresentation of their or their
associates' qualifications. They shall not misrepresent or exaggerate their responsibility in or
for the subject matter of prior assignments. Brochures or other presentations incident to the
solicitation of employment shall not misrepresent pertinent facts concerning employers,
employees, associates, joint venturers, or past accomplishments.
Engineers shall not offer, give, solicit, or receive, either directly or indirectly, any contribution
to influence the award of a contract by public authority, or which may be reasonably construed
by the public as having the effect or intent of influencing the awarding of a contract. They shall
not offer any gift or other valuable consideration in order to secure work. They shall not pay a
commission, percentage, or brokerage fee in order to secure work, except to a bona fide
employee or bona fide established commercial or marketing agencies retained by them.

III. Professional Obligations

Engineers shall be guided in all their relations by the highest standards of honesty and integrity.
Engineers shall acknowledge their errors and shall not distort or alter the facts.
Engineers shall advise their clients or employers when they believe a project will not be
successful.
Engineers shall not accept outside employment to the detriment of their regular work or
interest. Before accepting any outside engineering employment, they will notify their
employers.
Engineers shall not attempt to attract an engineer from another employer by false or misleading
pretences.
Engineers shall not promote their own interest at the expense of the dignity and integrity of the
profession.
Engineers shall treat all persons with dignity, respect, fairness and without discrimination.
Engineers shall at all times strive to serve the public interest.
Engineers are encouraged to participate in civic affairs; career guidance for youths; and work
for the advancement of the safety, health, and well-being of their community.
Engineers shall not complete, sign, or seal plans and/or specifications that are not in conformity
with applicable engineering standards. If the client or employer insists on such unprofessional
conduct, they shall notify the proper authorities and withdraw from further service on the
project.
Engineers are encouraged to extend public knowledge and appreciation of engineering and its
achievements.
Engineers are encouraged to adhere to the principles of sustainable development1 in order to
protect the environment for future generations.
Engineers shall continue their professional development throughout their careers and should
keep current in their specialty fields by engaging in professional practice, participating in
continuing education courses, reading in the technical literature, and attending professional
meetings and seminars.
Engineers shall avoid all conduct or practice that deceives the public.
Engineers shall avoid the use of statements containing a material misrepresentation of fact or
omitting a material fact.
Consistent with the foregoing, engineers may advertise for recruitment of personnel.
Consistent with the foregoing, engineers may prepare articles for the lay or technical press, but
such articles shall not imply credit to the author for work performed by others.
Engineers shall not disclose, without consent, confidential information concerning the business
affairs or technical processes of any present or former client or employer, or public body on
which they serve.
Engineers shall not, without the consent of all interested parties, promote or arrange for new
employment or practice in connection with a specific project for which the engineer has gained
particular and specialised knowledge.
Engineers shall not, without the consent of all interested parties, participate in or represent an
adversary interest in connection with a specific project or proceeding in which the engineer has
gained particular specialised knowledge on behalf of a former client or employer.
Engineers shall not be influenced in their professional duties by conflicting interests.
Engineers shall not accept financial or other considerations, including free engineering designs,
from material or equipment suppliers for specifying their product.
Engineers shall not accept commissions or allowances, directly or indirectly, from contractors
or other parties dealing with clients or employers of the engineer in connection with work for
which the engineer is responsible.
Engineers shall not attempt to obtain employment or advancement or professional engagements
by untruthfully criticising other engineers, or by other improper or questionable methods.
Engineers shall not request, propose, or accept a commission on a contingent basis under
circumstances in which their judgment may be compromised.
Engineers in salaried positions shall accept part-time engineering work only to the extent
consistent with policies of the employer and in accordance with ethical considerations.
Engineers shall not, without consent, use equipment, supplies, laboratory, or office facilities of
an employer to carry on outside private practice.
Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the
professional reputation, prospects, practice, or employment of other engineers. Engineers who
believe others are guilty of unethical or illegal practice shall present such information to the
proper authority for action.
Engineers in private practice shall not review the work of another engineer for the same client,
except with the knowledge of such engineer, or unless the connection of such engineer with
the work has been terminated.
Engineers in governmental, industrial, or educational employ are entitled to review and
evaluate the work of other engineers when so required by their employment duties.
Engineers in sales or industrial employ are entitled to make engineering comparisons of
represented products with products of other suppliers.
Engineers shall accept personal responsibility for their professional activities, provided,
however, that engineers may seek indemnification for services arising out of their practice for
other than gross negligence, where the engineer's interests cannot otherwise be protected.
Engineers shall conform with state registration laws in the practice of engineering.
Engineers shall not use association with a non engineer, a corporation, or partnership as a
"cloak" for unethical acts.
Engineers shall give credit for engineering work to those to whom credit is due, and will
recognise the proprietary interests of others.
Engineers shall, whenever possible, name the person or persons who may be individually
responsible for designs, inventions, writings, or other accomplishments.
Engineers using designs supplied by a client recognise that the designs remain the property of
the client and may not be duplicated by the engineer for others without express permission.
Engineers, before undertaking work for others in connection with which the engineer may
make improvements, plans, designs, inventions, or other records that may justify copyrights or
patents, should enter into a positive agreement regarding ownership.
Engineers' designs, data, records, and notes referring exclusively to an employer's work are the
employer's property. The employer should indemnify the engineer for use of the information
for any purpose other than the original purpose.
Footnote 1 "Sustainable development" is the challenge of meeting human needs for natural
resources, industrial products, energy, food, transportation, shelter, and effective waste
management while conserving and protecting environmental quality and the natural resource
base essential for future development.
Therefore ethics guides us to tell the truth, keep our promises, help someone when in need,
and helps us to create safety by inventing new things, designing, analysing, building, testing
new machineries/gadgets etc., while considering the limitations imposed.