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▸ The Constitution is a set of fundamental principles according to which state organisation is governed. The idea to have a Constitution was given by MN Roy. ▸ The objective of the Constitution is to evolve a certain type of political culture that is based on the values enshrined in the Constitution and guided by the institutions established under the Constitution. ▸ Certain features of Indian Polity or Constitution can be understood better with a brief review of the Constitutional set-up in the preceding periods. As modern political institutions originated and developed in India mainly during the British rule, the origin and growth of the Indian Constitution has its roots in the British period of Indian history.
There are certain events in the British rule that laid down the legal framework for the organisation and administration in British India. These events have greatly influenced our Constitution and polity. They are explained below in the chronological order The Regulating Act, 1773 ▸ To regulate and control the affairs of East India Company by British Government. ▸ It designated the Governor of Bengal as the Governor-General of British territories of India, who has the authority over the Presidencies of Madras, Bombay and Calcutta. The first such Governor-General was lord Warren Hastings. ▸ A Supreme Court was established in Calcutta. It prohibited the servants of the company to engage in any private trade and accept presents or bribes from natives. Sir Elijah Impey was the first Chief Justice. Pitt's India Act, 1784 ▸ It provided for Board of Control having 6 members (2 from British Cabinet and remaining from Privy Council). ▸ Set-up to guide and supervise the affairs of the company in India. Charter Act, 1793 ▸ Salaries for the staff and members of the Board of Control to be paid from Indian revenue. Charter Act, 1813 ▸ Ended East India Company monopoly of trade and provided ` 1 lakh grant for education in India. The Company's monopoly in trade with China and trade in tea was remained inacted. Charter Act, 1833 ▸ The centralisation of the powers began: the Governor-General of Bengal was to be the Governor- General of India. First such Governor was Lord William Bentick. ▸ All legislative, administrative and financial powers were handed over to Governor-General in council. Legislative powers were also given to Governor-General in council and Governments of residencies i.e. Bombay and Madras were deprived of their legislative powers. ▸ A fourth member in the Governor- General's Council was added as a law member. ▸ A Law Commission under Lord Macaulay was constituted for codification of laws. ▸ The company was now no more a trading body but had become political and territorial one, acting on behalf of the British Government.
▸ A separate Governor for Bengal was to be appointed. ▸ Legislation was treated for the first time as a separate form of executive functions. ▸ Recruitment of the Company's employees was to be done through competitive exams (excluding Indians). ▸ The number of members of the Court of Directors were reduced from 24 to 18 of which 6 were to be nominated by the crown. ▸ It extended the Company's rule and allowed it to retain the possession of Indian territories for the British Crown without specifying any particular period. ▸ It introduced for the first time, local representation in the Indian (Central) Legislative Council.
▸ The power was transferred from the company to the British Crown. ▸ Court of Directors and Board of Control was abolished. The post of Secretary of State was established. A 15 members council was established to assist. Secretary of State was Member of British Cabinet and answerable to British Parliament. ▸ The Governor-General was made the Viceroy of India. Lord Canning became the first Viceroy of India. ▸ Ended dual system of government. ▸ Unitary, rigid and centralised administrative structure was created.
▸ A fifth member from legal background, was added to the Viceroy's Executive Council. The Viceroy could now also nominate some Indians as non-official members in his council. In 1862, three Indians were nominated to the council. ▸ It made a beginning of representative institutions by associating Indians with the law making process. ▸ The Executive Council was now to be called the Central Legislative Council. ▸ Portfolio System, which was introduced by Lord Canning in 1859, was given recognition, so that work could be distributed among the members. The Viceroy was given the powers to issue ordinances. Indian Councils Act, 1892 ▸ Though it was insignificant, but it brought an element of representation for the first time by allowing discussion of budget. This act also introduced the element of election in India. ▸ Although, the majority of the official members were retained, the non-official members were to be nominated by the Bengal Chamber of Commerce and Provincial Legislative Councils.
▸ Lord Morley, the then Secretary of State of India and Lord Minto, the then Viceroy of India, announced some reforms in the British Parliament. ▸ The members of the Legislative Council could ask supplementary questions, discuss bills, move resolutions on financial statements and so on. ▸ The Legislative Councils, both at the centre and in the provinces was expanded. ▸ It retained official majority in the Central Legislative Council, but allowed the Provincial Legislative Council to have non-official majority. ▸ Communal representation was introduced because Muslims were given a separate electorates and there were reservation of seats on religious grounds. ▸ Satyendra Prasad Sinha became the first Indian to join the Viceroy's Executive Council.
▸ Samuel Montagu, the Secretary of State for India and Lord Chelmsford, Viceroy of India prepared report to introduce self-governing institutions in India. ▸ It relaxed the central control over the provinces by separating the central and provincial subjects. ▸ The powers of the Secretary of State were drastically reduced. ▸ The number of members of the Indian Council was reduced. Some Executive Council's members were to be Indians. ▸ Direct elections were introduced for the first time in the country. ▸ The Central Legislature was to have a Bicameral Legislature for the first time. ▸ Dyarchy system was introduced in the provinces. The provincial subjects of administration were to be divided into two categories: reserved and transferred. Transferred subjects were administered by the Governor with the help of ministers responsible to the Legislative Council. Reserved subjects were administered by the Governor with his Executive Council without any responsiblity towards the Legislative Council. Simon Commission It was constituted in 1927 to inquire the working of the Act of 1919, under the chairmanship of John Simon. It placed its report in 1930, which was examined by the British Parliament.
▸ Dyarchy was abolished in the provinces, but it was introduced at the federal level. ▸ The division of subjects was made into three lists : Federal, Provincial and Concurrent. ▸ It provided for the establishment of an All India Federation consisting of British provinces and Princely States as unit, but the federation did not come into effect because the Indian Princely States had not joined the federation. ▸ It introduced bicameralism in 6 out of 11 provinces. ▸ The Federal Legislature had two chambers: The Council of State and Federal Assembly. The Council of State was to be a permanent body with one-third of its members, retiring every 2 years. ▸ The Governor was given powers to use their discretion in certain matters. The act provided for a federal court. ▸ It further extended the principle of communal representation by providing separate electorates for depressed classes, women and labour. ▸ It provided for the establishment of a Reserve Bank of India to control the currency and credit of the country. ▸ It provided for the establishment of a Federal Public Service Commission and Joint Public Service Commission for two or more provinces.
▸ Dominion status was proposed. ▸ Constitution of India to be made by an assembly, whose members were to be elected by provincial assemblies and nominated by princely states. ▸ Any provincial state not prepared to accept the Constitution could negotiate separately with Britain.
▸ According to this plan, there was to be a Union of India, consisting of both British India and the Indian states, with control over foreign affairs, defence and communication. ▸ Provinces were given the powers to legislate all subjects except foreign affairs, defence and communication. ▸ India was to be divided into three groups of provinces: Group A, Group B and Group C. ▸ The plan provided that the Union Constitution was to be framed by a Constituent Assembly, the members of which were to be elected on a communal basis by the Provincial Legislative Assemblies and the representatives of the states joining the union. Mountbatten Plan Lord Mountbatten, the Viceroy of India, put forth the partition plan, known as the Mountbatten Plan. The plan was accepted by the Congress and the Muslim League. Immediate effect was given to the plan by enacting the Indian Independence Act, 1947.
▸ It ended the British Rule in India and declared India as an independent and sovereign state from 15th August, 1947. ▸ The office of the Secretary of State was abolished. The crown no longer remained the source of authority. ▸ The act provided for the creation of two Constituent Assemblies for India and Pakistan. ▸ From 15th August, 1947, India ceased to be a dependency of the British Crown over the Indian states. The Governor- General and Provincial Governors acted as constitutional heads. ▸ The Central Legislature of India comprising of the Legislative Assembly and the Council of States, ceased to exist on 14th August, 1947 and the Constituent Assembly was to function also as the Central Legislature with complete sovereignty. InterimGovernment 1946 ▸ The Interim Government of India, formed on 2nd September, 1946, from the newly elected Constituent Assembly of India, had the task of assisting the transfer of power from British rule to Independent India. Interim Cabinet
Jawaharlal Nehru
External Affairs and Common Wealth Relations
Sardar Vallabhbhai Patel
Home, Information and Broadcasting
Dr Rajendra Prasad
Dr John Mathai
Industries and Supplies
Jagjivan Ram
Labour
Sardar Baldev Singh
Defence
CH Bhabha
Works, Mines and Power
Liaquat Ali Khan
Finance
Abdur Rab Nishtar
Posts and Air
Asaf Ali
Railways and Transport
C Rajagopalachari
Education and Arts
I I Chundrigar
Commerce
Ghaznafar Ali Khan
Health
Joginder Nath Mandal
Law
▸ The Constituent Assembly was formed in November 1946, under the scheme formulated by Cabinet Mission Plan. ▸ The total strength of the assembly was 389, out of these, 296 were elected to represent the British India and 93 seats to the princely states. Out of 296 members, 292 members were to be elected by the provincial Legislatures while 4 members were to represent the four Chief Commissioner's provinces of Delhi, Ajmer-Merwara, Coorg and British Baluchistan. 93 seats reserved for 1princely states remained unfilled as they stayed away from the Constituent Assembly. ▸ The Constituent Assembly, held its first meeting on 9th December, 1946 and reassembled on 14th August, 1947, as the sovereign Constituent Assembly for the dominion of India. ▸ It took 2 years, 11 months and 18 days to finalise the Constitution. ▸ Objective resolution was moved in the first session of the Constituent Assembly (on 13th December, 1946) by Pandit Jawaharlal Nehru which was adopted after considerable deliberation and debate in the assembly on 22nd January, 1947. ▸ Dr Sachidanand Sinha was the first President of the Constituent Assembly, when it met on 9th December, 1946, while later Dr Rajendra Prasad and HC Mukherjee were elected as the President and Vice-President of the assembly respectively. ▸ Sir BN Rau was appointed as the constitutional advisor of the Assembly. ▸ Seats were allotted to each province and each Indian state proportional to their respective population roughly in the ratio of one to a million. ▸ The seats in each province was distributed between Muslims, Sikhs and General in proportion to their respective population. ▸ Members of each community in the Constituent Assembly were elected by members of that community in the Provincial Assemblies by voting by the method of proportional representation with single transferable vote. ▸ On 26th November, 1949, the Constitution was declared as passed. The provisions relating to citizenship, elections and provisional Parliament etc were implemented with immediate effect, i.e., from the 26th November, 1949. The rest of the provisions came into force on 26th January, 1950. Committees of the Constituent Assembly Constituent Assembly appointed number of committees to deal with different tasks of Constitution making. Some of them are
Union Powers Committee
Pandit Jawaharlal Nehru
Union Constitution Committee
Provincial Constitution Committee
Sardar Patel
Drafting Committee
Dr BR Ambedkar
Advisory Committee on Fundamental Rights minorities and Tribal and Excluded Areas
Rules of Procedure Committee
State Committees (committee for negotiating with states)
Steering Committee
Drafting Committee The Constituent Assembly appointed a Drafting Committee on 29th August, 1947. Dr BR Ambedkar, who was the Chairman of the Drafting Committee, submitted first Draft of Constitution of India to the President of the Assembly on 21st February, 1948 and second draft in October 1948. Enactment of the Constitution On 26th November, 1949, Constitution was adopted, containing a Preamble and 395 Articles, 22 Parts and 8 Schedules. The Constitution has undergone 100 Amendments in the 66 years since its enactment. The Constitutions, in its current form, consists of a Preamble, 25 Parts, 465 Articles and 12 Schedules. Enforcement of the Constitution The Constitution came into force on 26th January, 1950, was specifically chosen as the 'date of commencement' of the Constitution because on this day in 1930, the Poorna Swaraj day was celebrated [Resolution was passed in Lahore Session (1929) of INC].
The salient features of the Constitution, as it stands today, are following
▸ The Indian Constitution is the lengthiest in the world. Originally the Constitution had 395 Articles, 8 Schedules and 22 Parts.
▸ The procedure of amendment of the Indian Constitution is partly flexible and partly rigid. Some provisions can be amended easily and some provisions can only be amended by passage in both Union Parliament and half of the State Legislatures. Parliamentary Government ▸ India has a parliamentary system of government both, at the centre and in the states. The President is the head of the Union of India and the Governors are head of the states. But they act on the advice of the Council of Ministers. They have nominal powers. Independent Judiciary ▸ There is a single, integrated and independent judiciary in India. ▸ The Supreme Court is the highest court of the land. Both Supreme Court and High Courts have been given extensive powers to interpret the Constitution and law under various provisions of the Constitution of India. Federal Systemwith Unitary Features ▸ Our Constitution contains federal features of government like division of powers, written Constitution, independent judiciary and bicameralism but a large number of unitary features like a strong centre, single citizenship, flexibility of Constitution, integrated judiciary emergency provisions etc. Sources of the Constitution of India ▸ The Government of India Act, 1935 formed the basis or 'blue print' of the Constitution of India with the features of Federal systems, Office of Governor etc. Besides, the Constitution of India has borrowed certain features from foreign Constitutions as well. ▸ British Constitution First past the Post System, Parliamentary form of Government, the idea of the rule of law, law making procedure, office of the CAG, single citizenship, Bicameralism. ▸ United States Constitution Charter of Fundamental Rights, Power of Judicial Review and Independence of Judiciary, Written Constitution, Preamble, post of Vice-President. ▸ Irish Constitution Directive Principles of State Policy (Ireland borrowed it from Spain), Methods of Election of the President, Nomination of Members in the Rajya Sabha by the President. ▸ Canadian Constitution A Quasi-Federal form of Government (a federal system with a strong Central Government). The idea of residual powers, appointment of State Governors by centre and Advisory Jurisdiction of the Supreme Court. ▸ Former USSR Fundamental Duties and Five Year Planning. ▸ Australian Constitution Concurrent List, Provision regarding Trade, Commerce and Intercourse, Languages of the Preamble, Joint sitting in the Parliament. ▸ Weimar Constitutions of Germany Suspension of Fundamental Rights during the emergency. ▸ South African Constitution Procedure of Constitutional Amendment. ▸ Constitution of France Republican of liberty, equality and fraternity. Secular State ▸ The Indian Constitution stands for a secular state i.e. all religions in our country have the same right and support from the state, it does not uphold any particular religion as the official religion of the Indian state. Universal Adult Franchise ▸ Every Indian citizen (above 18 years) has a right to vote in the elections without any discrimination of caste, sex, religion etc. Emergency Provisions ▸ Indian Constitution has special provisions to meet any extraordinary situation or emergency. During emergency the Central Government becomes powerful and state comes under the total control of it. ▸ During emergency our federal system becomes unitary without any amendment of the Constitution.
There are 25 parts in our Constitution, which can be described as below
Part-I (Articles 1-4)
Deals with territory of India, formation of new states, alterations of names and areas of existing states.
Part-II (Articles 5-11)
Deals with various provisions related to citizenship.
Part-III (Articles 12-35)
Deals with Fundamental Rights of Indian citizens.
Part-IV (Articles 36-51)
Deals with Directive Principles of State Policy.
Part-IV A (Article 51A)
Added by 42nd Amendment in 1976. Contains the Fundamental Duties of the citizens.
Part-V (Articles 52-151)
Deals with Government at the Union Level (Duties and Functions of Prime Minister, Minister, President, Vice-President, Attorney General, Parliament-Lok Sabha and Rajya Sabha, Comptroller and Auditor-General).
Part-VI (Articles 152-237)
Deals with Government at State Level (Article-152 exempts Jammu and Kashmir from the category of ordinary states.) (Duties and Functions of Chief Minister and his Ministers, Governor, State Legislature, High Court, Advocate General of the State).
Part-VII (Article 238)
Deals with states in part B, was repealed in 1956 by the 7th Amendment.
Part-VIII (Articles 239-241)
Deals with Union Territories.
Part-IX (Articles 243-2430) and Part-IX A (Articles 243P-243 ZG)
Part IX was added by 73rd Amendment in 1992. Contains a new schedule 'Schedule Eleven'. It contains 29 subjects related to Panchayati Raj. Part IX A was added by 74th Amendment in 1992. Contains a new schedule 'Schedule Twelve' . It contains 18 subjects related to muncipalities.
Part- IX B (243-ZH to 243-ZT)
Deals with the Cooperative Societies.
Part-X (Articles 244, 244A)
Deals with Scheduled and Tribal Areas.
Part-XI (Articles 245-263)
Deals with relation between Union and States.
Part-XII (Articles 264-300A)
Deals with distribution of Revenue between Union and States, Appointment of Finance Commission (Article 280), Contracts liabilities etc.
Part-XIII (Articles 301-307)
Relates to Trade, Commerce and Intercourse within the Territory of India.
Part-XIV (Articles 308-323)
Deals with Civil Services and Public Service Commission.
Part-XIV A (Articles 323A, 323B)
Deals with tribunals.
Part-XV (Articles 324-329A)
Deals with Elections (including Election Commission).
Part-XVI (Articles 330-342)
Deals with special provisions for Scheduled Castes and Scheduled Tribes and Anglo-Indian Representation.
Part-XVII (Articles 343-351)
Relates to Official Language.
The Constituent Assembly appointed the SK Dhar Commission in June 1948, to study the feasibility of the reorganisation of the states on linguistic basis. It was felt that such reorganisation would fuel regional sentiments and might threaten national integration which was precarious in the background of Partition. Thus, the Dhar Commission categorically rejected the basis of linguistic formation of states.
▸ The Congress in its Jaipur Session in 1948, appointed a three member committee to consider the recommendation of the Dhar Commission. Its members were Jawaharlal Nehru, Vallabhbhai Patel and Pattabhi Sitaramayya. ▸ The Committee rejected language as the basis for the reorganisation despite popular support for it. First Linguistic State ▸ In October 1953, the Government of India was forced to create the First Linguistic State, known as Andhra Pradesh, by separating the Telugu speaking area fromMadras Presidency (after the death of Sriramulu, a Congress person). ▸ Kurnool was the first capital of the Andhra State with High Court at Guntur (Presently, Hyderabad is the capital and also the High Court seat).
The Constitution of India at the time of adoption had only 8 schedules to which 4 more were added during the succeeding 66 years.
First Schedule
State and UTs.
Second Schedule
Salaries and Emoluments of President, Governor, Chief Judges and Auditor General.
Third Schedule
Forms of Oath and Affirmations of Members of Legislatures, Ministers and Judges.
Fourth Schedule
Allocation of Seats in the Rajya Sabha.
Fifth Schedule
Administration and control of Scheduled Areas and Scheduled Tribes.
Sixth Schedule
Administration of Tribal Areas in the state of Assam, Meghalaya, Tripura and Mizoram.
Seventh Schedule
Distribution of Power between the Union and the State Government (Union List, State List and Concurrent List).
Eighth Schedule
Languages.
Ninth Schedule
Validation of certain Acts and Regulations.
Tenth Schedule
Anti-Defection Law.
Eleventh Schedule
Panchayats. (Rural Local Government)
Twelfth Schedule
Municipalities (Urban Local Government)
After the creation of Andhra State, demand for creation of states on linguistic basis intensified and Fazl Ali Commission was constituted in December, 1953, which was also known as States Reorganisation Commission accepted language as the basis of reorganisations of state but rejected the theory of 'one-language-one state'. By the States Reorganisation Act (1956) and the 7th Constitutional Amendment Act, the distinction between states was abolished. Some of them were merged with adjacent state and some other were designated as Union Territories. As a result 14 States and 6 Union Territories were created on 1st November, 1956.
▸ In 1956, there were 14 states and 6 union territories. Andhra Pradesh was created in 1953 and Kerala in 1956. ▸ In 1956, Karnataka was created . ▸ In 1960, Bombay was bifurcated into Gujarat and Maharashtra. ▸ In 1963, Nagaland was created as separate state. ▸ In 1966, Haryana was carved out of Punjab and Chandigarh became a Union Territory. ▸ In 1970, the Union Territory of Himachal Pradesh was elevated to the status of a state. ▸ In 1971, Manipur, Tripura and Meghalaya were granted statehood. In 1974, Sikkim became an associate state of the Indian Union. By the 36th Constitutional Amendment Act (1975), Sikkim became a full fledged State of the Indian Union. ▸ In 1986, Mizoram and Arunachal Pradesh came into being. ▸ In 1987, Goa came into existence. In 2000, three more new states : Chhattisgarh, Uttarakhand and Jharkhand were created. ▸ On 2nd June, 2014, Telengana state came into existence, after reorganisation of Andhra Pradesh.
▸ National Capital Territory of Delhi and Puducherry are headed by the Lieutenant Governor. ▸ Daman and Diu, Dadra and Nagar Haveli have a common administrator. Lakshadweep is also governed by an administrator. ▸ Chandigarh and Andaman and Nicobar Islands are governed by a Chief Commissioner. Delhi and Puducherry have Legislative Assemblies. There are total seven Union Territories-Delhi, Puducherry, Daman and Diu, Dadra and Nagra Haveli, Chandigarh, Lakshadweep, Andaman and Nicobar Islands. ▸ By the 69th Constitutional Amendment Act 1991, Delhi was given the status of National Capital Territory of India. It could legislate in certain matters except land, Police and law and order.
▸ The Preamble means Introduction or Preface of the Constitution or essence of the Constitution. NA Palkivala, an eminent jurist and Constitutional expert, called the Preamble as the identity card of the Constitution. India followed the USA to include Preamble in the Constitution. The Preamble of the Indian Constitution is based on the Objectives Resolution drafted and moved by Pandit Nehru and adopted by the Constituent Assembly. ▸ The idea of Justice, Social, Economic and Political have been taken from the Russian Revolution (1917). ▸ The idea of Liberty, Equality and Fraternity have been taken from the French Revolution (1789-1799). Significance of the Preamble ▸ The Preamble embodies the basic philosophy and fundamental values like political, moral and religious on which the Constitution is based. ▸ It contains the grand and noble vision of the Constituent Assembly. ▸ It reflects the dreams and aspirations of the founding fathers of the Constitution. It provides a key to the understanding and interpretation of the Constitution. Amendability of the Preamble ▸ Whether, the Preamble can be amended under Article 368 or not, this question arose for the first time in Keshavananda Bharati Case (1973). In this case Supreme Court held that Preamble is the part of the Constitution and can be amended, subject to the condition that no amendment is done to the basic features of the Constitution. ▸ The Preamble has been amended only once so far, in 1976, by 42nd Constitutional Amendment Act, which added three new words Socialist, Secular and Integrity. This amendment was held to be valid. Preamble of India We, the People of India, having solemnly resolved to constitute India into a Sovereign, Socialist, Secular, Democratic, Republic and secure to all its citizens. ▸ Justice, Social, Economic and Political; ▸ Liberty of thought, expression, belief, faith and worship; ▸ Equality of status and of opportunity; and to promote among them all; ▸ Fraternity assuring the dignity of the individual and the unity and integrity of the Nation; ▸ In our Constituent Assembly on this twenty-sixth day of November, 1949, do hereby Adopt, Enact and Give to Ourselves this Constitution.
▸ Articles 1-4 under Part-I of the Constitution deals with the Union and its Territories. ▸ Article 1 describes India, that is Bharat as a Union of States. ▸ According to Article 1, the Territory of India can be classified into three categories 1. Territories of the States. 2. Union Territories. 3. Territories that may be acquired by the Government of India at any time. ▸ The names of the States and UTs and their territorial extent are mentioned in the First Schedule of the Constitution. ▸ At present, there are 29 States and 7 Union Territories. ▸ The 'Territory of India' is a wider expression than the 'Union of India' because the latter includes only states while the former includes not only states, but also UTs and territories that may be acquired by the Government of India at any future time. ▸ Article 2 empowers the Parliament to admit into the Union of India, or establish, new states on such terms and conditions as it thinks fit. ▸ Article 3 authorises the Parliament to (a) form a new state by separation from any state or by uniting two or more states or parts of states or by uniting any territory to a part of any state; (b) increase the area of any state; (c) diminish the area of any state; (d) alter the boundaries of any state; (e) alter the name of any state. ▸ A Bill seeking to create a new state or alter boundaries of existing states can be introduced in either House of the Parliament, only on the recommendation of the President. ▸ President refers the State Reorganisation Bill to the State Legislature concerned for expressing its opinion, within a specified period. ▸ The State Reorganisation Bill requires simple majority in both Houses of the Parliament. ▸ Parliament is not bound to accept or act upon the views of the State Legislature on a State Reorganisation Bill. ▸ Article 4 provides that Bills under Articles 2 and 3 are not to be considered as Constitutional Amendment Bills.
▸ The Indian Constitution deals with the citizenship from Articles 5-11 under Part II. ▸ Articles 5 to 8 deal that how a person became citizen of India, after Comencement of Constitution. Acquisition of Citizenship A citizen is a person, who enjoys full membership of the country in which he lives. Indian Constitution provides a single and uniform citizenship for the entire country. The Citizenship Act of 1955 provides for 5 ways of acquiring citizenship as described below By Birth Every person born in India on or after 26th January, 1950, shall be a citizen of India by birth, irrespective of the nationality of his parents. ▸ The children of foreign diplomats posted in India and enemy aliens cannot acquire Indian Citizenship. By Descent Persons born outside India on or after 26th January, 1950, but before 10th December, 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth. By Registration The Central Government may, on an application, register as a citizen of India any person, if he belongs to any of the following categories ▸ A person of Indian origin, residing in India for 7 years. ▸ A person of Indian origin, who is ordinarily resident in any country or place outside undivided India. ▸ A person, who is married to citizens of India and resident of India for 7 years. ▸ Minor children of persons, who are citizen of India. ▸ A person of full age and capacity, whose parents are registered as citizen of India.
It can be acquired by a foreigner, who has resided in India for 12 years. By Incorporation of Territory (Foreign Territory) If any new territory becomes a part of India, the Government of India specifies the people of that territory to be citizens of India.
The Citizenship Act, 1955, also provides three modes of losing citizenship 1. By Renunciation If a person gives up his Indian citizenship after acquiring the citizenship of another country. 2. By Termination When an Indian citizen voluntarily acquires the citizenship of another country, his Indian citizenship automatically terminates. 3. By Deprivation Deprivation of citizenship by the Government of India on the basis of fraud, false representation and concealment of material, fact or being disloyal to the Constitution. Overseas Citizens of India (OCI) ▸ Citizenship Act has been amended in 2003, by which people of Indian origin, except in Pakistan and Bangladesh, will become eligible to be registered as the Overseas Citizens of India (OCI). ▸ OCIs are entitled to some benefits like multiple entry, multipurpose life long visas, they can live and work in India or their country of naturalisation. ▸ They are not entitled to hold constitutional posts and employment in the government is offices and they can't vote. ▸ All Persons of Indian Origin (PIO) cardholders are deemed to be Overseas Citizens of India(OCI) cardholders with effect from 9th January, 2015.
▸ Rights are claims of social life and they help individuals to develop their personality. Some of the Fundamental Rights provide protection only against the state action and do not safeguard against the action of private individuals. ▸ The Fundamental Rights are guaranteed and protected by the Constitution to all persons without any discrimination. ▸ The Fundamental Rights have been described in Articles 12-35, Part III of Indian Constitution. ▸ Originally, Fundamental Rights were seven in number viz ▸ Right to Equality. ▸ Right to Freedom. ▸ Right against Exploitation. ▸ Right to Freedom of Religion. ▸ Cultural and Educational Rights. ▸ Right to Property. ▸ Right to Constitutional Remedies. Right to Property The Right to Property (Article 31) was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978. It is made a legal right under Article-300A in Part XII of the Constitution. ▸ Article 13 Laws inconsistent with or in derogation of the Fundamental Rights that are ▸ All laws in force in the territory of India immediately before the commencement of the Constitution, and they are inconsistent with the provisions of this part, up to an extent such inconsistency, be void. ▸ The state shall not make any law, which takes away or abridges the rights conferred by this part. ▸ It provides for the doctrine of judicial review. ▸ Constitutional Ammendment is not a law and hence cannot be challenged.
Article 14 Equality before law and equal protection of laws. It says that the state shall not deny to any person equality before the law or equal protection of the laws within the territory of India. This provision confers rights to all persons whether citizens or foreigners. The concept of equality before law is an element of the concept of 'Rule of law'- propounded by AV Dicey, the British Jurist. The rule of equality before law is not absolute. Some of the exceptions are ▸ The President or the Governor is not answerable to any court for the exercise and performance of the powers and duties of his office. ▸ No criminal proceedings shall be instituted or continued against the President or the Governor in any court during his term of office. ▸ No process for the arrest or imprisonment of the President or the Governor shall be issued from any court during his term of office. ▸ No civil proceedings against the President or the Governor shall be instituted during his term of office in any court in respect of any act done by him in his personal capacity, whether before or after he entered upon his office, until the expiration of 2 months next after notice delivered to him. Article 15 Prohibition of discrimination on certain grounds. It says that the state shall not discriminate against any citizen on grounds of religion, race, caste, sex or place of birth. This provision prohibits discrimination both by state and private individuals. There are three exceptions to this general rule of non-discriminations ▸ Any special provision for women and children. ▸ Advancement of any socially and educationally backward classes of citizens. ▸ Special provisions for any socially and educationally backward classes or Scheduled Castes and the Scheduled Tribes. Regarding their admission to educational institutions, including private educational institutions. Article 16 Equality of opportunity in public employment. It provides equality of opportunity for all citizens in matters of employment or appointment to any office under the state. ▸ It does not bound state for prescribing the necessary qualification and recruitment tests for government services, certain posts may be reserved for the resident of a particular state. ▸ It also provides for the reservation of seats in promotion for the Scheduled Castes and Scheduled Tribes. Article 17 Abolition of untouchability. It abolishes untouchability and forbids its practice in any form. ▸ The term 'untouchability' has not been defined either in the Constitution or in the Act (Protection of Civil Rights Act, 1955) Article 18 Abolition of titles. It abolishes titles and makes four provisions in that regard. 1. It prohibits the state from conferring any title (except a military or academic distinction) on any body, whether a citizen or a foreigner. 2. It prohibits a citizen of India from accepting any title from any foreign state. 3. A foreigner holding any office of profit or trust under the state, cannot accept any title from any foreign state without the consent of the President. 4. No citizen or foreigner holding any office of profit or trust under the state is to accept any present, emolument or office from or under any foreign state without the consent of the President.
Article 19 It guarantees to all citizens the six rights. These are 1. Right to freedom of speech and expression. 2. Right to assemble peacefully and without arms. 3. Right to form associations or unions or co-operatives. 4. Right to move freely throughout the territory of India. 5. Right to reside and settle in any part of the territory of India. 6. Right to practice any profession or to carry on any occupation, trade or business. ▸ Originally, Article 19 contained seven rights. But, the right to acquire, hold and dispose of property was deleted by the 44th Amendment Act of 1978. ▸ These 6 rights are protected against only state action and not private individuals. Article 20 Protection in respect of conviction for offences. It grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner or legal person like a company or a corporation. It contains three provisions in that direction. 1. No Ex-Post-Facto Law No person shall be (i) convicted of any offence except for violation of a law in force at the time of the commission of the act, (ii) nor be subjected to a penalty greater than that prescribed by the law in force at the time of the commission of the Act. 2. No Double Jeopardy No person shall be prosecuted and punished for the same offence more than once. 3. No Self-Incrimination No person accused of any offence shall be compelled to be a witness against himself. Article 21 Protection of life and personal liberty. It declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. This right is available to both citizens and non-citizens. The Supreme Court has expanded the scope of Right to Life in its various judgments and declared the following rights as part of Article 21. (a) Right to live with human dignity. (b) Right to decent environment including pollution free water and air and protection against hazardous industries. (c) Right to livelihood. (d) Right to privacy. (e) Right to shelter. (f) Right to health. (g) Right to free education upto 14 years of age. (h) Right to free legal aid. (i) Right against solitary confinement. (j) Right to speedy trial. (k) Right against handcuffing. (l) Right against inhuman treatment. (m) Right against delayed execution. (n) Right to travel abroad. (o) Right against bonded labour (p) Right against custodial harassment. (q) Right to emergency medical aid (r) Right to timely medical treatment in government hospital. (s) Right not to be driven out of a state. (t) Right to fair trial. (u) Right of prisoner to have necessities of life. (v) Right of women to be treated with decency and dignity. (w) Right against public hanging. (x) Right to hearing. (y) Right to information. (z) Right to reputation. Right to Education Article 21A declares that the state shall provide free and compulsory education to all children of the age of 6 to 14 years in such a manner as the state may determine. Thus, this provision makes only elementary education a Fundamental Right and not higher or professional education. Article 22 Protection against arrest and detention ▸ No person, who is arrested shall be detained in custody without being informed of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by a legal practioner of his choice. ▸ Every person, who is arrested and detained in custody is to be produced before the nearest Magistrate within a period of 24 hours of arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate and such person cannot be detained in custody beyond that period without the authority of a Magistrate. ▸ There are some exception against these safeguards. ▸ It is not available to an enemy alien and a person arrested or detained under a law providing for preventive detention (detention of a person without trial). ▸ The detention of a perosn cannot exceed three months under Preventive Detention Law.
Article 23 Prohibition of traffic in human beings and forced labour. It prohibits traffic in human beings, 'Begar' (forced labour) and other similar forms of forced labour. Article 24 It prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activities like construction work or railway. But, it does not prohibit their employment in any harmless or innocent work. ▸ The Child Labours (Prohibition and Regulation) Act, 1986, is the most important law in this direction. Mandal Commission ▸ In 1979, the Morarji Desai Government appointed the Backward Classes Commission under the Chairmanship of BP Mandal, a Member of Parliament, to investigate the conditions of the socially and educationally backward classes and suggest measures for their advancement. The commission submitted its report in 1980 and recommended 27%, jobs reservation for Other Backward Classes (OBCs). ▸ The advanced sections among the OBCs (the Creamy Layer) should be excluded from the list of beneficiaries of reservation.
Article 25 Freedom of conscience and right to freely profess, practice and propagate religion. It says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion. The state is empowered by law to regulate or restrict any economic, financial, political or other secular activity which may be associated with religious practice. Article 26 Freedom to Manage Religious Affairs Every religious denomination or any of its section shall have the following rights (a) Right to establish and maintain institutions for religious and charitable purposes; (b) Right to manage its own affairs in matters of religion; (c) Right to acquire and own movable and immovable property; and (d) Right to administer such property in accordance with law. Article 27 Freedom from taxation for promotion of a religion. It lays down that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination. Article 28, Freedom from attending religious instruction. No religious instruction shall be provided in any educational institution whollymaintained out of state funds. However, this provision shall not apply to an educational institution administered by the state, but established under any endowment or trust, requiring imparting of religious instruction in such institution. Fundamental Rights to Citizens and Foreigners
Fundamental Rights available only to citizens and not to foreigners
Fundamental Rights available to both citizens and foreigners (except enemy aliens)
1. Prohibition of discrimination on grounds of religion, race, sex or place of birth (Article 15).
Equality before law and equal protection of laws (Article 14).
2. Equality of opportunity in matters of public employment (Article 16).
Protection in respect of conviction for offences (Article 20).
3. Protection of six rights regarding freedom of (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession(Article 19).
Protection of life and personal liberty (Article 21).
4. Protection of language, script and culture of minorities (Article 29).
Right to elementary education (Article 21 A).
5. Right of minorities to establish and administer educational institutions (Article 30).
Protection against arrest and detention in certain cases (Article 22).
Prohibition of traffic of human beings and forced labour (Article 23)
Prohibition of employment of children in factories etc. (Article 24)
Freedom of conscience and free profession, practice and propagation of religion (Article 25)
Freedom to manage religious affairs (Article 26)
Freedom from payment of taxes for promotion of any religion (Article 27)
Article 29 Protection of interests of minorities. It provides that any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same. Further, no citizen shall be denied admission into any educational institution maintained by the state or receiving aid out of state funds on grounds only of religion, race, caste or language. Article 30 Right of Minorities to Establish and Administer Educational Institutions : Grants the following rights tominorities,whether religious or linguistic (a) All minorities shall have the right to establish and administer educational institutions of their choice. (b) ln granting aid, the state shall not discriminate against any educational institution managed by a minority. The compensation amount fixed by the state for the compulsory acqusition of a minority educational institution shall not restrict or abrogate the right guaranteed to them. This provision was added by 44th Amendment Act of 1978 to protect the right of minorities in this regard. The act deleted the Right to Property as a Fundamental Right (Article 31). ▸ The right under Article 30 also includes the right of a minority to impart education to its children in its own language.
▸ Dr BR Ambedkar said, Article 32 is the heart and soul of the Constitution. ▸ Supreme Court ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot be abridged or taken away even by way of an amendment to the Constitution. Under Article 32, Supreme Court and Article 226, High Court can issue writs of various forms; ▸ Habeas Corpus It is a Latin term which literally means, 'to have the body of,'. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention. It would set the detained person free, if the detention is found to be illegal. ▸ Mandamus It literally means 'we command'. It is a command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. It can also be issued against any public body, a corporation, an inferior court, a tribunal or government for the same purpose. ▸ Quo-warranto In the literal sense, it means ''by what authority or warrant''. It is issued to enquire into the legality of claim of a person to a public office. Hence, it prevents illegal usurpation of public office by a person. ▸ Prohibition Literally means 'to forbid'. It is issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that, it does not possess. The writ can be issued only in case of a substantive public office of a permanent character created by a statute or by the Constitution. It cannot be issued in cases of ministerial office or private office. Thus, unlike mandamus that directs activity, the prohibition directs inactivity. The writ of prohibition can be issued only against judicial and Quasi- Judicial authorities. It is not available against Administrative Authorities, Legislative Bodies and private individuals or bodies. ▸ Certiorari In the literal sense, it means, 'to be certified' or 'to be informed'. It is issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to squash the order of the latter in a case. It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or error of law. Thus, unlike prohibition, which is only preventive, certiorari is both preventive as well as curative. Limitations on the Enforcement of Fundamental Rights ▸ Parliament has the power to modify the application of the Fundamental Rights to the members of the Armed Forces, Police Forces or Intelligence Organisations so as to ensure proper discharge of their duties and maintenance of discipline among them (Article 33). ▸ Certain Fundamental Rights guaranteed by the Constitution may remain suspended, while a Proclamation of Emergency is made by the President under Article 352. ▸ Article 34 Restriction on Rights conferred by this Part while martial law is in force in any area. ▸ Article 35 Legislation, to give effect to the provisions of this part.
▸ The Directive Principles of State Policy are enumerated in Part IV of the Constitution from Articles 36 to 51. ▸ Dr BR Ambedkar, described these principles as novel feature of the Constitution. ▸ The DPSP alongwith Fundamental Rights contain the philosophy of the Constitution and is the soul of the Constitution.
▸ These are constitutional instructions to the state in legislative, executive and administrative matters. ▸ It resembles the 'Instrument of Instructions' enumerated in the Government of India Act of 1935. ▸ They constitutes the comprehensive economic, social and political programme for a modern state. ▸ They promote social and economic democracy. They embody the concept of a welfare state'. ▸ These are fundamental in the governance of the country. ▸ They are non-justiciable. ▸ They apply to both Union and State Governments and all other authorities coming under the definition of 'State'.
▸ The Constitution does not contain any classification of directive principles. However, on the basis of their content and direction, they can be classified into three broad categories, viz socialistic, Gandhian and liberal-intellectual.
These principles reflect the ideology of socialism. They lay down the framework of a democratic socialist state, aim at providing social and economic justice and set the path towards welfare state. ▸ Article 38 To promote the welfare of the people by securing a social order permeated by justice-social, economic and political and to minimise inequalities in income, status, facilities and opportunities. ▸ Article 39 To secure (a) the right to adequate means of livelihood for all citizens; (b) the equitable distribution of material resources of the community for the common good; (c) prevention of concentration of wealth and means of production; (d) equal pay for equal work for men and women; (e) preservation of the health and strength of workers and children against forcible abuse; and (f) opportunities for healthy development of children. ▸ Article 39 (A) To promote equal justice and to provide free legal aid to the poor. ▸ Article 41 To secure the right to work, education and to public assistance in cases of unemployment, old age, sickness and disablement. ▸ Article 42 To make provision for just and humane conditions for work and maternity relief. ▸ Article 43 To secure a living wage, a decent standard of life and social and cultural opportunities for all workers. ▸ Article 43 (A) To take steps to secure the participation of workers in the management of industries. ▸ Article 47 To raise the level of nutrition and the standard of living of people and to improve public health.
These principles are based on Gandhian ideology. They represent the programme of reconstruction enunciated by Gandhi during the National Movement. In order to fulfil the dreams of Gandhi, some of his ideas were included as Directive Principles. ▸ Article 40 To organise Village Panchayat to function as units of self government. ▸ Article 43 To promote cottage industries on an individual or co-operation basis in rural areas. ▸ Article 46 To promote the educational and economic interests of SCs, STs and other weaker sections of the society and to protect them from social injustice and exploitation. ▸ Article 47 To prohibit the consumption of intoxicating drinks and drugs which are injurious to health. ▸ Article 48 To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds. Liberal-Intellectual Principles The principles included in this category represent the ideology of liberalism. ▸ Article 44 To secure for all citizens a uniform civil code throughout the country. ▸ Article 45 To provide early childhood care and education for all children until they complete the age of 6 years. ▸ Article 48 To organise agriculture and animal husbandry on modern and scientific lines. ▸ Article 48 (A) To protect and improve the environment and to safeguard forests and wildlife. ▸ Article 49 To protect objects, places and monuments of historic interest and national importance. ▸ Article 50 To separate the judiciary from the executive in the public services of the state. ▸ Article 51 To promote international peace and security and to maintain just and honourable relations between nations; to foster respect for international law and treaty obligations and to encourage settlement of international disputes by arbitration. Distinction between Fundamental Rights and Directive Principles
These are negative as they prohibit the state from doing certain things.
These are positive as they require the state to do certain things.
These are justiciable, i.e. they are legally enforceable by the courts in case of their violation.
These are non-justiciable, i.e. they are not legally enforceable by the courts for their violation.
They aim at establishing political democracy in the country.
They aim at establishing social and economic democracy in the country.
These have legal sanctions.
These have moral and political sanctions.
They promote the welfare of the individual. Hence, they are personal and individualistic.
They promote the welfare of the community. Hence, they are societarian and socialistic.
The courts are bound to declare a law violative of any of the Fundamental Rights as unconstitutional and invalid.
The courts cannot declare a law violative of any of the Directive Principles as unconstitutional and invalid. However, they can uphold the validity of a law on the ground that it was enacted to give effect to a directive.
Article 39A To provide free legal aid to the poor (42nd Amendment Act, 1976). Article 39(f) To secure opportunities for healthy development of children (42nd Amendment Act, 1976). Article 43A To take steps to secure the participation of workers in the management of industries. (42nd Amendment Act, 1976). Article 43 B To promote professionally run co-operative societies added by the 97th Constitutional Amendment Act, 2011. Article 48 A To protect and improve the environment and to safeguard forests and wild life. (42nd Amendment Act, 1976). Article 38(2) It added one more Directive Principle, which requires the state to minimise inequalities in income status, facilities and opportunities under Article 38. (44th Amendment Act, 1978)
▸ Apart from the directives included in part IV, there are some other Directives contained in other parts of the Constitution. ▸ Claims of members of Scheduled Castes and Scheuled Tribes will be taken into consideration, consistent with the maintenance of efficiency in administration, in the appointment to Public Services. (Article 335). ▸ It is the duty of every state and local authority to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to minority classes (Article 350 A). ▸ It shall be the duty of the Union to promote Hindi language amongst the people of India, so that it may serve as a medium of expression for all the elements of the composite culture of India (Article 351).
▸ The Fundamental Duties in the Constitution serve as a reminder to the citizens that while enjoying their rights, they should also be conscious of their duties towards the country. We have borrowed Fundamental Duties from the Constitution of former Soviet Union. ▸ Originally, Constitution did not contain Fundamental Duties. In 1976, the FDs of citizens were added by 42nd Constitutional Amendment Act (1976) on the recommendations of Swaran Singh Committee. Originally, ten FDs were added. In 2002, one more duty was added. Thus, today there are 11 Fundamental Duties.
According to Article 51 A, it shall be the duty of every citizen of India (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (b) to cherish and follow the noble ideals that inspired the national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India; (d) 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; (e) to defend the country and render national service, when called upon to do so; (f) to value and preserve the rich heritage of the country's composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures; (h) to develop scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to objure violence. (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievenment. (k) to provide opportunities for education to his child or ward between the age of six and 14 years./ This duty was added by the 86th Constitutional Amendment Act, 2002. Justice Verma Committee and Fundamental Duties ▸ Justice Verma Committee report on teaching Fundamental Duties to citizens was set-up in 1999 and the report was presented in 2000. It recommended reorienting approaches to school curriculum and teacher's education programmes and incorporating Fundamental Duties in higher and professional education. National Commission to Review the Working of the Constitution (NCRWC) report in 2002 recommended to implement the Justice Verma Committee recommendations. ▸ In 2003, Supreme Court directed the Central Government to enact a Law for the enforcement of Fundamental Duties by citizens as suggested by Justice Verma Committee.
Article 52 provides the office of the President of India. The President is the head of the Indian State. He is the first citizen of India and acts as the symbol of unity, integrity and solidarity of the nation. Qualification of the President Under Article 58, a person to be eligible for election as President should fulfil the following qualifications ▸ He should be a citizen of India. He should have completed 35 years of age. ▸ He should be qualified for election as a member of the Lok Sabha. ▸ He should not hold any office of profit under the Union Government or any State Government or any local authority or any other public authority.
The President is elected not directly by the people but by members of electoral college consisting of the elected members of both the Houses of Parliament; the elected Members of the Legislative Assemblies of the states; the elected Members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry. ▸ Nominated members do not participate in the election of the President. ▸ When Assembly is dissolved, the members cease to be qualified to vote in the presidential election. ▸ Value of the vote of an MLA = [Total Population of State/Total Number of Elected MLAs] × [1/100] ▸ Value of the vote of an MP = Total Value of Votes of all MLAs of All States/Total Number of Elected MPs The President's election is held in accordance with the system of proportional representation by means of the single transferable vote and the voting is through secret ballot. ▸ The candidate who gets 50% of votes is considered elected. Quota = [Number of Votes Polled/ 2] + 1 In this method, each voter casts as many votes as there are candidates in the field by giving his preference. In the first phase, first preference votes are counted. In case a candidate secures the required quota, he is declared elected, otherwise the process of transfer of votes is set in motion. ▸ This process continues till a candidate secures the required quota. This procedure shows the majority of the elected President. All disputes regarding election of the President are adjudicated by the Supreme Court. ▸ Nomination for election of President must be supported by at least 50 electors as proposers and 50 electors as seconders. ▸ Security deposit for the nomination as President is ` 15000 in RBI. Conditions of President's Office Article 59 of the Constitution lays down the following condition of the President's office ▸ He should not be a member of either House of Parliament or a House of the State Legislature. If any such person is elected as President, he is deemed to have vacated his seat in that House on the date on which he enters upon his office as the President. ▸ He should not hold any other office of profit. He is entitled, without payment of rent, to the use of his official residence (the Rastrapati Bhavan). ▸ He is entitled to such emoluments, allowances and privileges as may be determined by Parliament. ▸ His emoluments and allowances cannot be diminished during his term of office. Article 60 Oath and affirmation of the President ▸ The oath of the President is administered by Chief Justice of India and in his absence, the senior most Judge of the Supreme Court. ▸ Any person acting as the President also undertake similar oath.
Under Article 56, the President shall hold office for a term of 5 years from the date on which he enters upon his office. ▸ He may resign from his office by writing under his hand addressed to the Vice-President (he can communicate to the Speaker of the Lok Sabha). Impeachment of the President Under Article 61, President can be impeached from office for ''violation of the Constitution''. ▸ The impeachment can be initiated by either House of the Parliament. ▸ These charges should be signed by one-fourth members of the House (that framed the charges), and a 14 days' advance notice should be given to the President. After the impeachment motion is passed by a majority of two-thirds of the total membership of that House, it is sent to the other House, which should investigate the charges. ▸ The President has the right to appear and to be represented at such investigation. If the other House also sustains the charges and passes the motion by a majority of two-thirds of the total membership, the President to be removed from his office at that time and date.
▸ Under Article 62 a vacancy in the President's office can occur in any of the following ways ▸ On the expiry of his tenure of 5 years. By his resignation. ▸ On his removal by the process of impeachment. ▸ By his death. Otherwise, e.g. when he becomes disqualified to hold office or when his election is declared void. ▸ An election to fill the vacancy (due to expiration of term) must be held before the expiry of the term. ▸ If the office fall vacant by resignation, removal, death or otherwise, then election to fill the vacancy should be completed within 6 months from the date of the occurrence of such a vacancy. The newly-elected President remains in office for a full term of 5 years from the date he assumes charge of his office. Quick Digest ▸ In Presidential Election, VV Giri is the only person, who won the election of the President as an independent candidate in 1969. ▸ In July 1977, Neelam Sanjeeva Reddy was elected unopposed as no one else filled nomination for the post of the President. ▸ Justice M Hidayat-ul-lah is the only person to perform the function of the President two times in two different capacities, the first time in 1969, being the Chief Justice of the Supreme Court and the second time being the Vice-President of India in 1982.
Powers and functions of the President can be categorised into ▸ Executive powers ▸ Legislative powers ▸ Financial powers ▸ Judicial powers ▸ Diplomatic powers ▸ Military powers ▸ Emergency powers Executive Powers ▸ All executive actions of the Government of India are formally taken in the name of President. ▸ He can make rules specifying the manner in which the orders and other instruments made and executed in his/her name shall be authenticated. ▸ He appoints Prime Minister, other Ministers, Chief Justice and Judges of Supreme Court, High Courts, the Attorney-General of India, the Comptroller and Auditor General, Chairman and Members of UPSC, Chief Election Commissioner and other Members of Election Commission, Governors,Members of Finance Commission etc. ▸ He can seek any information relating to the administration of affairs of the union, and proposals for legislation from the Prime Minister.
▸ Summon or prorogue the Parliament and to dissolve the Lok Sabha. ▸ Summon a joint sitting of both the Houses of Parliament, which is headed by the Speaker of the Lok Sabha. ▸ Address the Parliament at the commencement of the first session after each general election and the first session of each year. ▸ He can appoint any member of the Lok Sabha to preside over its proceedings when the offices of both the Speaker and the Deputy Speaker fall vacant. Similarly, he can also appoint any member of the Rajya Sabha to preside over its proceedings when the offices of both the Chairman and the Deputy Chairman fall vacant. ▸ Nominates 12 Members in Rajya Sabha (from amongst person, who have special knowledge in respect of Literature, Science, Art and Social service) and 2 Members of Anglo-Indian Community in the Lok Sabha. ▸ He decides the questions on disqualifications of Members of the Parliament, with consultation to the Election Commission. ▸ His prior recommendation or permission is needed to introduce certain types of bills in the Parliament, e.g. Money Bill, creation/recreation of new States Bill. When a bill is sent to the President after it has been passed by the Parliament, he can ▸ give his assent to the bill or ▸ withhold his assent to the bill or ▸ return the bill (if it is not a Money Bill) for reconsideration of the Parliament. However, if the bill is passed again by the Parliament, with or without amendments, the President has to give his assent to the bill. ▸ He can promulgate ordinances, when the Parliament is not in session. The ordinances must be approved by the Parliament within 6 weeks from its reassembly. He can also withdraw an ordinance at any time (Article 123). ▸ He lays the reports of CAG, UPSC, Finance Commission etc before the Parliament. Various Pardoning Powers of the President (Article 72) ▸ Pardon It removes both the sentences and the convictions and completely absolves the offender from all punishments and disqualifications. ▸ Reprieve It means a stay of execution of sentence pending a proceeding for pardon or commutation. ▸ Remission The power of remission reduces the amount of sentence without changing its character e.g. a sentence of rigorous imprisonment for 2 years may be remitted to regorous imprisonment for 1 year. ▸ Respite The power to grant respite means awarding a lesser sentence instead of the prescribed penalty in view of some special facts e.g. pregnancy of woman offender. ▸ Commutation It merely substitutes one form of the punishment for another of a lighter character. e.g. a death sentence may be commuted to rigorous imprisonment.
▸ Money Bills can be introduced in the Parliament only with his prior recommendation. ▸ No demand for a grant can be made except on his recommendation. ▸ He through his representative, presents the annual financial statement before the Parliament. (i.e, the Union Budget). ▸ He can make advance out of the Contingency Fund of India to meet any unforeseen expenditure. ▸ He constitutes a Finance Commission after every five years to recommend the distribution of revenues between the Centre and the States.
▸ He appoints the Chief Justice and the Judges of Supreme Court and High Courts. ▸ He can seek advice from the Supreme Court on any question of law or fact. However, the advice tendered by the Supreme Court is not binding on the President (Article 143).
▸ The international treaties and agreements are negotiated and concluded on behalf of the President. ▸ Sends and receives diplomats like Ambassadors, High Commissioners, and so on.
▸ Supreme Commander of the defence forces of India. Appoints the Chiefs of the Army, the Navy and the Air Force.Declares war or concludes peace, subject to the approval of the Parliament.
The President of India can proclaim emergency in three conditions after getting the written recommendation of the Cabinet. National Emergency (Article 352) arising out of war, external aggression or armed rebellion within the country. Constitutional Emergency (Article 356) arising out of the failure of the constitutional machinery in the states. It is also known as President's Rule. Financial Emergency (Article 360) arising out of a threat to financial stability or credit of India. Emergency Declaration in India ▸ First emergency was declared in 1962, due to Chinese Aggression. ▸ Second emergency was declared in 1971, due to Indo-Pakistan War. ▸ Third emergency was declared in 1975, on grounds of internal disturbance.
▸ President of India is vested with three veto Absolute, Suspensive and Pocket veto. There is no qualified veto in the case of President of India. Types of Veto Absolute Veto Withholding of assent to the bill passed by the Legislature Qualified Veto Sending back of a bill, which can be overridden by the Legislature with a higher majorty. Suspensive Veto Sending back of a bill, which can be over sided by the Legislature with an ordinary majority. Pocket Veto Taking no action on the bill passed by the Legislature.It was used in 1986 in the postal bill by the President of that time Giani Zail Singh.
The Constitution of India has provided for a Parliamentary form of Government, and the President has been made only a nominal executive, the real executive being the Council of Ministers headed by the Prime Minister. Vice President ▸ Article 63 There shall be a Vice- President of India. He occupies the second highest office in the country. The manner of election for Vice- President and President is same. ▸ Electoral college of Vice-President consists of elected and nominated members of both the Houses of Parliament. ▸ All disputes regarding election of Vice-President is adjudicated by the Supreme Court.
▸ Vise-President should be a citizen of India. ▸ He should have completed 35 years of age. ▸ He should be qualified for election as a Member of Rajya Sabha. ▸ He should not hold any office of profit.
Under Article 69, the oath of office of the Vice-President is administered by the President or some person appointed in that behalf by him.
▸ He should not be a member of either House of the Parliament or State Legislature. ▸ He should not hold any office of profit.
▸ He can resign from his office at any time by addressing the resignation letter to the President. ▸ He holds office for a term of 5 years from the date on which he enters upon his office. ▸ He can be removed by a resolution of the Rajya Sabha passed by an absolute majority and agreed by the Lok Sabha. [Article 67(b)] ▸ He can be elected for any number of terms.
▸ A vacancy in the Vice-President's office can occur in any of the following ways ▸ On the expiry of his tenure, by his resignation, on his removal, by his death. ▸ When the vacancy is going to be caused by the expiration of the term of the sitting Vice-President, an election to fill the vacancy must be held before the expiration of the term. If the office falls vacant by resignation, removal, death or otherwise, then election to fill the vacancy should be held as soon as possible after the occurrence of the vacancy. ▸ The newly elected Vice-President remains in office for a full term of 5 years from the date he assumes charge of his office. ▸ Emoluments He draws his salary in his capacity as the Ex-officio Chairman of Rajya Sabha. His present salary is ` 125000 per month. ▸ He Vice President draws the salary of ` 4,00,000 per month.
▸ He acts as the ex-officio Chairman of Rajya Sabha. In this capacity, his powers and functions are similar to those of the Speaker of Lok Sabha. ▸ He acts as President when a vacancy occurs in the office of the President due to his resignation, removal, death or otherwise. ▸ He can act as President only for a maximum period of 6 months. ▸ While acting as President or discharging the functions of President, the Vice-President does not perform the duties of the office of Chairman of Rajya Sabha, those duties are performed by the Deputy Chairman of Rajya Sabha. ▸ If the offices of both the President and the Vice-President fall vacant by reason of death, resignation, removal etc the Chief Justice of India or in his absence the senior most judge of the Supreme Court acts as President. ▸ For the first time in 1969, when the President Dr Zakir Hussain died and the Vice-President V V Giri resigned, the Chief Justice M Hidayat-ul-lah acted as President. Quick Digest ▸ Krishna Kant was the first Vice-President to die in office. ▸ When two Presidents, Dr Zakir Hussain and Fakruddin Ali Ahmed, died in office, the then respective Vice-Presidents, V V Giri and BD Jatti acted as President. ▸ The Vice-President Dr S Radhakrishnan discharged the functions of the President in June 1960, when the then President Dr Rajendra Prasad was on a 15 days tour to the USSR and again in July 1961, when Dr Rajendra Prasad was very ill.
▸ In the scheme of Parliamentary system of government, the President is the nominal executive authority (dejure executive) and Prime Minister is the real executive authority (de facto executive). ▸ Prime Minister is the Head of the Government while President is the Head of the State of the Republic of India. Article 75 says that the Prime Minister shall be appointed by the President.
▸ President administers to him the oaths of office and secrecy. ▸ The term of the Prime Minister is not fixed and he holds office during the pleasure of the President. However, this does not mean that the President can dismiss the Prime Minister at any time. So, long as the Prime Minister enjoys the majority support in the Lok Sabha, he cannot be dismissed by the President. However, if he loses the confidence of the Lok Sabha, he must resign or the President can dismiss him. ▸ The salary and allowances of the Prime Minister are determined by the Parliament from time to time.
Prime Minister has following powers and functions In Relation to Council of Ministers (CoMs) The Prime Minister enjoys the following power as Head of Council of Ministers. He allocates and reshuffles various portfolios among the ministers. He can ask a minister to resign or advise the President to dismiss him in case of difference in opinion. He presides over the meeting of Council of Ministers and influences their decisions. ▸ He guides, directs, controls, and coordinates the activities of all the ministers. ▸ He can bring about the collapse of the Council of Ministers by resigning from office. When Prime Minister resigns or dies, the CoMs and other ministers cannot function because Prime Minister is the head of the CoMs. ▸ His resignation or death automatically dissolves the CoMs.
▸ Under Article 78, it is the duty of the Prime Minister : ▸ To communicate to the President, for all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation; ▸ To furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for and ▸ If the President requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a minister but which has not been considered by the council. ▸ He advices the President with respect to the appointment of officials like CAG, Attorney- General of India, Chairman and members of UPSC, Election Commission, Finance Commission etc.
▸ Ministers are appointed by the President on the advice of the Prime Minister. It means only those persons can be appointed who are recommended by Prime Minister. ▸ The Prime Minister and other Ministers have to be members of either House of Parliament or should become members within 6 months of their appointment, failing, which they are removed.
President administers the oath to the minister. Salaries and allowances of ministers are determined by the Parliament from time to time.
▸ Collective Responsibility Under Article 75, the CoMs is collectively responsible to Lok Sabha for all their acts. It means that the Cabinet decisions bind all Cabinet Ministers and other ministers even if they differed in the Cabinet meeting. ▸ It is a team and its member sink and swim together (Article 75). ▸ Article 75, also contains the principle of individual responsibility. ▸ No Legal Responsibility There is no provisions in the Constitution for a system of legal responsibility of a minister in India. While in Britain, there is legal responsibility of a minister.
There are three types of Ministers ▸ Cabinet Ministers They are the real policy makers. The Cabinet's consent is necessary for all important matters. ▸ Ministers of State They can hold either independent charge or attached to a Cabinet Minister. ▸ Deputy Ministers They do not hold separate charge. There is another category of Ministers called Parliamentary Secretaries. However, no Parliamentary Secretary has been appointed since 1967.
▸ The post of Deputy Prime Minister is not mentioned in the Constitution, It is an extra constitutional body. Although seven persons have occupied this post since the inauguration of the Constitution.
▸ The Constitution of India provides a Parliamentary form of government, both at the centre and in the states. ▸ The Parliament of India consists of the President, the Lok Sabha and the Rajya Sabha (Article 79). ▸ Although President is not a member of either House. He is an integral part of Parliament. ▸ Out of seven UTs, only two (Delhi and Puducherry) have representation in the Rajya Sabha. ▸ The population of other five are too small to have any representative in the Rajya Sabha. Rajya Sabha (Article 80) Rajya Sabha is a permanent body and not subject to dissolution. Its maximum strength is 250 (12 members nominated by the President having special knowledge or practical experience in the fields of science, literature, art and social service). The total membership of the present Rajya Sabha is 245 however, one-third members retire every second year. Their seats are filled up by fresh elections and presidential nomination at the beginning of every third year. ▸ There are no seats reserved for SCs and STs in Rajya Sabha. ▸ Constitution has not fixed the term of office of members of the Rajya Sabha and left it to the Parliament. ▸ Representation of People Act (1951) provided the term of office of a member of the Rajya Sabha shall be 6 years.
Lok Sabha is not a permanent body and subject to dissolution. Its maximum strength is 552, which includes 2 nominated members of Anglo-Indian Community, 530 members from states and 20 from Union Territories, Present strength of Lok Sabha is 545. ▸ Its normal term is 5 years from the date of its first meeting after the general elections, after which it automatically dissolves. ▸ The President is authorised to dissolve Lok Sabha at any time even before the completion of five years and this cannot be challenged in the Court of Law. ▸ Lok Sabha can be extended during the National Emergency by a law of Parliament for one year at a time for any length of time. But this extension cannot go beyond a period of 6 months after the emergency has ceased to operate. Allocation of Seats in Parliament
1. Andhra Pradesh
11
25
2. Arunachal Pradesh
1
2
3. Assam
7
14
4. Bihar
16
40
5. Chhattisgarh
6. Goa
7. Gujarat
26
8. Haryana
10
9. Himachal Pradesh
3
10. Jammu and Kashmir
11. Jharkhand
12. Karnataka
12
28
13. Kerala
9
20
14. Madhya Pradesh
29
15. Maharashtra
19
48
16. Manipur
17. Meghalaya
18. Mizoram
19. Nagaland
20. Odisha
21
21. Punjab
13
22. Rajasthan
23. Sikkim
24. Tamil Nadu
18
39
25. Tripura
26. Uttarakhand
27. Uttar Pradesh
31
80
28. West Bengal
42
29. Telengana
17
Union Territories
1. Andaman and Nicobar Island
2. Chandigarh
3. Dadra and Nagar Haveli
4. Daman and Diu
5. Delhi (The National Capital Territory of Delhi)
6. Lakshadweep
7. Puducherry
Nominated Members
Total
245
545
Qualification (Article 84) The Constitution lays down the following qualifications for a person to be chosen as a Member of the Parliament. ▸ He must be a citizen of India. ▸ He must make and subscribe before the person authorised by the Election Commission an oath or affirmation according, to the form prescribed in the third Schedule. and must not be less than 30 years of age in the case of Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha. ▸ He must possess other qualifications as prescribed by Parliament. Disqualification (Article 102) Under the Constitution, a person shall be disqualified for being elected as a Member of Parliament ▸ If he/she holds any office of profit under the Union or State Government (except that of a minister or any other office exempted by the Parliament). ▸ If he/she is of unsound mind and stands so declared by court. ▸ If he/she declared by court and stands so is undischarged insolvent. ▸ If he/she is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgment of allegiance to a foreign state; and if he is so, disqualified under any law made by the Parliament. Under the following conditions, a member of Parliament vacates his seat (Article 101) ▸ Double Membership (both Rajya Sabha and Lok Sahba). ▸ Disqualification, resignation. ▸ Absence (more than 60 days without permission). ▸ If his election is declared void by the court. ▸ If he/she is expelled by the House. ▸ If he/she is elected to the office of the President or Vice-President. ▸ If he/she is appointed as a Governor of a State. Oath and Salary (Article 99) ▸ Every member has to make and subscribe to an oath or affirmation before the President or some other person appointed by him for this purpose. ▸ Salaries and allowances are determined by Parliament.
▸ He/she is elected by Lok Sabha from amongst its members, as soon as, after the first meeting. ▸ The date of election is fixed by the President. Usually, the speaker remains in his office during the life of the Lok Sabha. He/she vacates office earlier in any of the following cases ▸ If he/she ceases to be member of Lok Sabha; if he/she resigns by writing to the Deputy Speaker; and ▸ If he/she is removed by a resolution passed by a majority of all the members of the Lok Sabha. Such a resolution can be moved only after giving 14 days advance notice. ▸ Under Resolution of removal, the Speaker cannot preside at the sitting of the House (he may be present). (Article 96) ▸ Whenever the Lok Sabha is dissolved, the Speaker does not vacate his office and continues till the newly elected Lok Sabha meets. Role, Powers and Functions of Speaker ▸ He is the principal spokesman of the House, and his decision in all Parliamentary matters is final. ▸ He maintains order and decorum in the House for conducting its business. ▸ He adjourns the House to suspend the meeting in the absence of quorum (presence of only 1/10th of the total strength of the House). He does not vote in the first instance, but he can exercise a casting vote in the case of a tie (dead lock). ▸ He presides over a joint sitting of two Houses of the Parliament. ▸ He can allow a 'secret' sitting of the House. ▸ He certifies a Bill as Money Bill and his decision cannot be challenged. ▸ He appoints the Chairman of all the Parliamentary Committees of Lok Sabha. The speaker acts as the ex-offico Chairman of the Indian Parliamentary group of the Inter Parliamentary Union.
▸ While the office of the Speaker is vacant due to any reason, the Deputy Speaker presides. (Article 95) ▸ M. Ananthasayanam Ayyangar was the First Deputy Speaker of Lok Sabha.
The Vice-President is the Ex-officio Chairman of Rajya Sabha. Article 89 As a presiding officer, the powers and functions of the Chairman of Rajya Sabha are similar to those of Speaker of Lok Sabha.
▸ Elected by Rajya Sabha itself from amongst its members. Deputy Chairman is not subordinate to the Chairman. He is directly responsible to the Rajya Sabha.
▸ Joint sessions take place on the order of the President if (a) a Bill passed by one House, is rejected by another. (b) the amendments made by the other House are not acceptable to the House where the Bill originated. ▸ Joint session is presided over by the Speaker of the Lok Sabha. The deadlock over a Bill is resolved by a majority of the total numbers of the members of both the Houses present and voting. ▸ So far, joint-sittings have been held thrice in the history of Indian Parliament (1961, 1978 and 2002). ▸ Provision of joint sitting is applicable to ordinary bills or financial bills only and not to money bills or constitutional amendment bills. Sessions of Parliament ▸ The Parliament generally meets in three sessions in a year i.e., Budget session (February-May) (longest session), Monsoon session (July- September), Winter session (November- December) (shortest session). ▸ There should not be a gap of more than 6 months between two sessions of Parliament. Difference between Powers of Lok Sabha and the Rajya Sabha ▸ A Money Bill can be introduced only in the Lok Sabha and not in the Rajya Sabha. The final power to decide whether a particular bill is a Money Bill or not, is vested in the Speaker of the Lok Sabha. The Speaker of Lok Sabha presides over the joint sitting of both the Houses of Parliament. ▸ A resolution for the discontinuance of the National Emergency can be passed only by the Lok Sabha and not by the Rajya Sabha. ▸ The Rajya Sabha cannot remove the Council of Ministers by passing a no-confidence motion. ▸ This is because the Council of Ministers is collectively responsible only to the Lok Sabha. But, the Rajya Sabha can discuss and criticise the policies and activities of the government.
▸ The legislative procedure is identical in both the Houses of Parliament. A Bill is a proposal for legislation and it becomes an Act or law when duly enacted. ▸ Bills may be classified under four heads viz, Ordinary, Money, Financial and Constitutional Amendment Bills. The Legislative procedure of government bills and private members bill is same. ▸ Money Bills cannot be introduced in the Rajya Sabha. The other bills can be introduced in either House. ▸ Every ordinary bill has to pass through five stages in the Parliament i.e. first Reading, second Reading, third Reading, Bill in the second House and Assent of the President. Finally, the Bill has to be notified by the Government to enable its implementation.
The different stages in the passage of Bills other than the Money Bills are as follows
▸ It involves introduction of Bill like provisions of the proposed law, accompanied by the 'Statement of Objects and Reasons'. Private member must give one month notice to introduce the Bill. ▸ After that it is published in the Gazette of India. The introduction of the Bill and its publication in the Gazette constitutes the First Reading of the Bill. Special Powers of Rajya Sabha Due to its federal character, the Rajya Sabha has been given two exclusive or special powers that are not enjoyed by the Lok Sabha. ▸ It can authorise the Parliament to make a law on a subject enumerated in the State List (Article 249). ▸ It can authorise the Parliament to create new All-India Services Common for both the centre and states (Article 312).
▸ In the second reading principles of the Bill are discussed in details and the treasury and the opposition members give their views either in support or opposition of the Bill. ▸ The second reading is divided into two stages, (i) consists of a general discussion of the principles of the Bill and (ii) relates to discussion of clauses, schedules and amendments. ▸ If the Bill is referred to the Selected Committee or Joint Committee, it is expected to give its report within a specified date. ▸ The Bill then undergoes long discussions clause by clause and may undergo substantial change.
▸ The third reading is the final reading. It is more or less a formal affair. The debate is confined to the acceptance or rejection of the Bill. The Bill is submitted to the vote of the House and has to be accepted or rejected altogether.
▸ After the Bill has been passed by one House, it is transmitted to the other House, where it has to pass through the same process. The other House has four alternatives before it. 1. It may pass the Bill as sent by the first House. 2. It may pass the Bill with amendments and return it to the first House. 3. It may reject the Bill altogether. 4. It may not take any action and thus keep the Bill pending. ▸ In case the Bill is also passed by the second House or the first House agrees with the amendmendments made by the second house, the Bill is sent to the President for his assent. ▸ In case the Bill is rejected by the second House or it is kept by the second House with it for six months without any action or the first House disagrees with the amendments suggested by the second House, a deadlock is deemed to have taken place. ▸ To resolve a deadlock, the President may summon a joint-sitting of the two Houses under Article 108. If the majority of members present and voting at the joint-sitting pass the Bill, it is considered as passed by both Houses of Parliament and is sent for his assent.
▸ After being passed by both Houses, when the Bill is presented to the President, he has three options 1. He may assent to the Bill 2. He may withhold his assent 3. He may return the Bill for the reconsideration of the Houses. ▸ If the President gives assents to the Bill, it becomes an Act. ▸ If the President withholds his assent, the Bill ends. ▸ If the President returns the Bill for reconsideration and it is passed again by both the Houses, he has to give his assent after the second passage. ▸ Since, the Constitution provides no time limit for the President to give his assent, he may keep the Bill in his office without taking any action and prevent it from becoming an act.
▸ It is a fund to which all receipts are credited and all payments are debited. In other words, ▸ all revenues received by the Government of India. ▸ all loans raised by the government by the issue of treasury bills, loans or ways and means of advances. ▸ all money received by the government in repayment of loans from the Consolidated Fund of India. ▸ All the legally authorised payments on behalf of the government are made out of this fund. No money out of this fund can be appropriated (issued or drawn) except in accordance with a Parliamentary law. Contingency Fund of India (Article 267) ▸ Article 267 of the Constitution authorised the Parliament to establish a 'Contingency Fund of India', into which amounts determined by law are paid fromtime to time. Accordingly, the Parliament enacted the Contingency Fund of India Act in 1950. ▸ This fund is placed at the disposal of the President and he can make advances out of it to meet unforeseen expenditure pending its authorisation by the Parliament. ▸ The fund is held by the finance secretary on behalf of President. Public Account of India ▸ Article 266 (2) provides that all other public moneys (other than those in the Consolidated Fund of India) received by or on behalf of the Government of India or the Government of a State shall be credited to the Public Account of India or the Public Account of the State, as the case may be. This account is operated by executive action and payments from it do not need Parliamentary approval. ▸ Moneys in this account include provident fund deposits, savings bank deposits, remittances etc. Budget in Parliament ▸ The Constitution refers to the budget as the 'annual financial statement'. In other words, the term 'budget' has nowhere been used in the Constitution. 'Annual Financial Statement' has been dealt within Article 112 of the Constitution. ▸ The budget is a statement of the estimated receipts and expenditure of the Government of India in a financial year, which begins on 1st April and ends on 31st March of the following year. ▸ After introduction of the Budget, the Lok Sabha discusses the demands for grants of various ministries and departments. All expenditure after approval, charged on the consolidated fund of India, are then presented in the form of single Bill called the 'Appropriation Bill'. Proposals for taxation (to raise revenue) are presented in the form of 'Finance Bill'. ▸ The Government of India has two budgets, namely, the Railway Budget and the General Budget. ▸ From 2017, Railway Budget has been merged with the General Budget on the recommendation of Bibek Debroy Committee.
▸ Committees have been created so that members of Parliament can discuss and debate on the working of a certain department of the government. ▸ Most of the committees function under the direction of the Speaker and are essentially committees of the Lok Sabha. ▸ Committees are classified under two heads : Standing Committee and Adhoc Committees. Adhoc Committees are created for a temporary period. ▸ The Standing Committees are broadly classified into the following categories : Committees of Enquires, Committees to Scrutinise, Financial Committees, Committees of Administrative Character, Committees dealing with provision of facilities to members. ▸ The Financial Committees of Parliament are : Estimates Committee, Public Accounts Committee, Committee on Public Undertaking and 24 Departmental Related Committees. ▸ The Public Accounts Committee was set-up first in 1921 under the provisions of the Government of India Act of 1919. At present, it consists of 22 members (15 from the Lok Sabha and 7 fromthe Rajya Sabha). Since, 1967, a convention has developed whereby the Chairman of the Committee is selected invariably from the opposition. ▸ The origin of the Estimates Committee can be traced to the Standing Financial Committee set-up in 1921. The first Estimates Committee was set-up in 1950. It has thirty members, all from the Lok Sabha only. ▸ The Committee on Public Undertakings was created in 1964 on the recommendations of the Krishna Menon Committee. It has 22 members (15 from the Lok Sabha and 7 from the Rajya Sabha). ▸ In 1993, 17 Department Related Standing Committees were set-up. In 2004, 7 more committees were set-up. Thus, total 24 committees exist as of today. ▸ Members of the Rajya Sabha are associated with all the committees except the Estimates Committee. ▸ The Chairman of all the committees (except the Joint Committee on salaries and allowances of MPs) are appointed by the Speaker from amongst the members of the committee. ▸ In case, Speaker is a member of a committee, he becomes Ex-officio Chairman of the committee.
▸ Supreme Court stands at the apex of the 'Judicial System of India. It is the ultimate interpreter of the Consitution and the laws of the land. ▸ Article 124 states the establishment and constitution of Supreme Court. ▸ Supreme Court was inaugurated on 28th January, 1950. ▸ At present, the Supreme Court consists of 31 judges (one Chief Justice of India (CJI) and 30 judges). Appointment of Chief Justice Only senior most Judge of the Supreme Court is appointed by the President as CJI. Other Judges of the Supreme Court are appointed by the President in consultation with the Chief Justice. He may also consult other Judges of the Supreme Court and High Court while appointing a Judge of the Supreme Court.
Under Article 126, The President can appoint a Judge of the Supreme Court as an acting CJI, when ▸ office of CJI is vacant; or ▸ the CJI is temporarily absent; or ▸ the CJI is unable to perform the duties of his office. Qualifications Under Article 124 (3), a person to be appointed as a Judge of the Supreme Court should have the following qualifications ▸ He should be a citizen of India. ▸ He should have been a Judge of a High Court (or High Courts in succession) for five years. Or ▸ He should have been an advocate of a High Court (or High Courts in succession) for ten years. Or ▸ He should be a distinguished jurist in the opinion of the President. ▸ The Constitution does not prescribe a minimum age for appointment as a Judge of the Supreme Court.
Administered by the President or some person appointed by himfor this purpose.
The Constitution has not fixed the tenure of a Judge of the Supreme Court. It makes the following provisions ▸ Holds office until he attains the age of 65 years. ▸ Resign his office by writing to the President. ▸ Removed from his office by the President on the recommendation of the Parliament.
Under Article 124 (4), a Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of the Parliament by special majority. Judges can be removed only on the grounds of proved misbehaviour or incapacity. Under Article 124 (5) Parliament may by law regulate the procedure relating to the removal of a Judge of the Supreme Court. Under this Article Parliament provides the procedure for removal by the Judges Enquiry Act (1968). ▸ No Judge of the Supreme Court has been impeached so far. The first such case of impeachment is that of Justice V Ramaswami of the Supreme Court in Lok Sabha (1991-93). But, finally he could not be impeached. ▸ The second case of impeachment is that of Justice Saumitra Sen of the Calcutta High Court (became the first judge in Indian History, against whom an impeachment motion was passed in the Rajya Sabha). The BSP was the only party to oppose the motion to remove the judge. After this, he resigned and there was no need for impeachment. Under Article 217 (a), a Judge of the High Court 'may by writing under his hand addressed to the President' resign his office. Under Article 124 ( 2) (a), a Judge of the Supreme Court 'may by writing under his hand addressed to the President, resign his office'.
Under Article 125, the salaries, allowances, privileges, leave and pension of the Judges of the Supreme Court are determined from time to time by the Parliament. ▸ Chief Justice of India draws the monthly salary of ` 2.8 lakh. Whereas the other Judges BC draws the ` 2.50 lakh monthly. ▸ The retired Chief Justice and Judges are entitled to 50% of their last drawn salary as monthly pension.
Under Article 127, if at any time there is not a quorum of the Judges of the Supreme Court to hold or continue any session, CJI can appoint a Judge of the High Court as an Ad hoc Judge of the Supreme Court for a temporary period. ▸ He can do so only after consultation with the Chief Justice of the High Court concerned and with previous consent of the President. ▸ The judge so appointed should be qualified for appointment as the Judge of the Supreme Court.
Under Article 128, at any time, the Chief Justice of India can request a retired Judge of the Supreme Court or a retired Judge of the High Court (who is duly qualified for appointment as a Judge of the Supreme Court) to act as a Judge of the Supreme Court for a temporary period. Seat of Supreme Court Under Article 130, the Constitution declares Delhi as the seat of the Supreme Court. But, it authorises the CJI to appoint any other place or places as seat of the Supreme Court. He can take this decision only with the approval of the President.
The Supreme Court can, with the approval of the President, make rules for regulating generally the practice and procedure of the court. Constitutional Bench A bench consisting of at least 5 judges. Constituted by the CJI to hear a case involving a substantial question of law.
Independence of judges is ensured by following provisions ▸ Mode of appointment of CJI and Judges of the Supreme Court. ▸ Security of tenure (removed only by the President). ▸ Fixed service conditions (salary charged from Consolidated Fund of India). ▸ Conduct of judges cannot be discussed in Parliament or State Legislature. ▸ Ban on practice after retirement. ▸ Power to punish its contempt. ▸ Freedom to appoint its staff. ▸ Its jurisdiction cannot be curtailed. ▸ Difficult removal procedure. ▸ Separation from executive. Jurisdiction and Powers of Supreme Court ▸ Original jurisdiction ▸ Writ jurisdiction ▸ Appellate jurisdiction ▸ Advisory jurisdiction ▸ A court of record ▸ Power of judical review ▸ Other powers
The Supreme Court decides the dispute between the centre and one or more states; the centre and any state or states on one side and one or more states on the other; or between two or more states. ▸ In the above disputes, the Supreme Court has exclusive original jurisdiction. They lie directly and exclusively with the Supreme Court. Writ Jurisdiction (Article 32) ▸ Every individual has the right to move the Supreme Court directly by appropriate proceedings for the enforcement of his Fundamental Rights through the issuance of writs. Appellate Jurisdiction (Article 132) ▸ The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts. It enjoys a wide appellate jurisdiction, which can be classified under four heads (a) Appeals in constitutional matters. (b) Appeals in civil matters (Article 133). (c) Appeals in criminal matters (Article 134). (d) Appeal by special leave (Article 136.) Advisory Jurisdiction ▸ The Constitution (Article 143) authorises the President to seek the opinion of the Supreme Court. It is duty bound to give its opinion, which is not binding on President. Court of Record As a Court of Record, Supreme Court has two powers 1. Judgments, proceedings and acts of Supreme Court are recorded for perpetual memory and testimony. 2. It can punish for contempt of court. Power of Judical Review (Article 137) ▸ Judicial review is the power of the Supreme Court to examine the constitutionality of legislative enactments and executive order of both Central and State Government. ▸ On examination, if they are found to be violative of the Constitution, they can be declared as illegal, unconstitutional and invalid and they cannot be enforced by any authority. ▸ Judical review is needed for the reasons ▸ Uphold the supremacy of the Constitution ▸ Maintain federal equilibrium ▸ Protect the Fundamental Rights of the citizens Some famous cases, in which the Supreme Court used the power of judical review are ▸ Golakanath Case (1967) ▸ Bank Nationalisation Case (1970) ▸ Privy Purse Abolition Case (1971) ▸ Kesavananda Bharati Case (1973) ▸ Minerva Mills Case (1980) ▸ Article 141 Law declared by Supreme Court to be binding on all courts, within the territory of India. ▸ Article 144 All authorities, civil and judicial in the Territory of India to act in aid of the Supreme Court. ▸ Public Interest Litigation (PIL) Any person can now initiate a proceeding on behalf of the aggrieved person (if the aggrieved persons cannot do so on their own) in either the High Court or the Supreme Court for the protection of greater public interest. The National Judicial Appointment Commission Act, 2014 ▸ The Bill has been introduced in conjuction with the Constitutional (121st Amendment) Bill, 2014, amends provisions related to appointment and transfer of judges to the higher judiciary. ▸ It establishes a National Judicial Appointment Commission (NJAC) to make recommendations to the President on appointment and transfer of judges to the higher judiciary. ▸ The NJAC Act, 2014 states that the NAC shall comprise : (i) the Chief justice of India (CJI), (ii) two other senior most judges of the Supreme Court (SC), (iii) the Union Minister for Law and justice, and (iv) two eminent persons to be nominated by the Prime Minister, the CJI and the Leader of Opposition of the Lok Sabha. ▸ The functions of the NJAC include making recommendations for appointments of the CJI, SC judges, Chief Justice and other High Court (HC) judges and transfer of HC judges. ▸ The NJAC shall elicit the views of the Governor and Chief Minister of the state before making recommendations. ▸ The NJAC shall not recommend a person for appointment if any two members of the Commission do not agree to such recommendation.
Governor ▸ The Governor is the Constitutional Head of the state and the same Governor can act as Governor of more than one state (Articles 153 and 154). ▸ Under Article 155, the Governor is appointed by the President. Article 156 states that the Governor holds office during the pleasure of the President. Qualification Under Article 158, the Constitution lays down the following conditions for the Governor's office ▸ Must be citizen of India. ▸ Completed 35 years of age. ▸ Shall not be a member of both the Houses of Parliament or of a House of Legislative Assembly or Legislative Council (if any). ▸ Shall not hold office of profit.
Use his official residence (Raj Bhawan) without payment of rent. When same person is appointed as the Governor of two or more states, the emoluments and allowances payable to him are shared by states as determined by the President. ▸ Salary of the Governor is ` 1.1 lakh per month.
His oath is administered by the Chief Justice of the concerned State High Court and in his absence, the senior, most judge of that court.
Under Article 156 (a) the Governor shall hold office during the pleasure of the President; (b) may resign by writing under his hand addressed to the President; (c) hold office for a period of 5 years. Governor shall hold office until his successor enters upon his office.
Executive Powers The executive power of the state shall be vested with the Governor and shall be exercised by him either directly or through officers subordinate to him in accordance with the Constitution. These powers are as ▸ All executive actions of the Government of a State are formally taken in his name. He can make rules for more convenient transaction of the business of a State Government. ▸ Appoints the Advocate General of a State (Article 165), State Election Commissioners, Chairman and members of the State Public Service Commission, VCs of Universities. ▸ He can seek any information relating to the administration of the affairs of the state and proposals for legislation from the Chief Minister. Legislative Powers ▸ Governor is an integral part of the State Legislature. He has the right of addressing and sending messages and of summoning, proroguing and dissolving the State Assembly. ▸ He has the power to nominate one member of Anglo-Indian Community to the Legislative Assembly of the state. ▸ He nominates 1/6th members of Legislative Council. Financial Powers State budget is laid before the State Legislature by him.He constitutes a State Finance Commission after every five years to review the financial position of the Panchayats and the Municipalities. Judicial Powers ▸ He can grant pardons, reprives, respites and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence against any law relating to a matter, to which the executive power of the state extends. ▸ He cannot pardon a death sentence even if a State law provides for death sentence. Emergency Powers ▸ The Governor has no emergency powers to counter external aggression or armed rebellion. ▸ He reports to the President, if the State Government is not running constitutionally and recommends to the Union Government, President's Rule (Article 356). When President's rule comes into force in any state, the Governor runs the state with the help of advisers on behalf of the President.
ChiefMinister is the Real Executive Head of the State Government. His position at the state level is analogous to the position of the Prime Minister at the centre. Appointment Article 164, says that Chief Minister shall be appointed by the Governor. This does not means that the Governor is free to appoint any one as a Chief Minister. Oath, Term and Salary ▸ Oath of the office of Chief Minister is administered by the Governor or person appointed by him for this purpose. ▸ A person, who is not a member of State Legislature can be appointed, but he has to get himself elected within 6 months otherwise he is removed. ▸ The term of the CM is not fixed and he holds office during the pleasure of the Governor. ▸ He cannot be dismissed by the Governor as long as he enjoys the majority support in the Legislative Assembly. ▸ The salary and allowances of the Chief Minister are determined by the State Legislature.
in Relation to Council of Ministers (CoMs) The CM as a head of the CoMs, enjoys the following powers ▸ The Governor appoints only those persons as ministers, who are recommended by the Chief Minister. ▸ He allocates and reshuffles the portfolios among ministers. ▸ He can ask a minister to resign or advise the Governor to dismiss him in case of difference of opinion. ▸ He presides over the meetings of the Council of Ministers and influences its decisions. ▸ He aids, directs, controls and coordinates the activities of all the ministers. In Relation of the Governor He is the principle channel of communication between the Governor and the Council of Ministers. In Relation to State Legislature ▸ Advises the Governor with regard to summoning and proroguing the sessions of the State Legislature. ▸ Recommend the dissolution of the Legislative Assembly to the Governor at any time. State Council of Ministers (CoMs) ▸ The CoMs headed by CM is the real executive authority in the Political-administrative system of the state. ▸ Articles 163 and 164 deal with Council of Minister, in the states. Oath and Salary ▸ Oaths of office and secrecy is administered by the Governor or person appointed by him for this purpose. ▸ Salary and allowances are determined by the State Legislature fromtime to time.
There is no uniformity in the creation of State Legislatures. Most of the states have unicameral system (single house), only 7 states Andhra Pradesh, Bihar, Jammu, Kashmir, Karnataka, Maharashtra, Uttar Pradesh and Telengana are having Bicameral (Double House). The Tamil Nadu legislative Council Act, 2010 has not come into force. Legislative Assembly (Article 170) ▸ The Legislative Assembly (Vidhan Sabha) consists of not more than 500 members and not less than 60 members. However, the Legislative Assembly of Sikkim, Goa, Mizoram Arunanchal Pradesh, Nagaland and Puducherry have less than 60 members. Legislative Council (Article 171) ▸ As per Article 169, if the Legislative Assembly passes a resolution for abolishing or creating of the Legislative Council by a majority of the total membership of the assembly and by a majority of not less than two-third of the members present and voting, the Parliament may approve the resolution by a simple majority to create or abolish the Legislative Council. Composition of Legislative Council Of the total number of members of a Legislative Council ▸ 1/3rd Elected from local bodies (municipalities and district boards). ▸ 1/12th Elected by graduates of 3 years standing and residing in the state. ▸ 1/12th Elected by teachers of 3 years standing in the state, not lower in standard than secondary school. ▸ 1/3rd Elected by the members of the Legislative Assembly of the state from amongst person, who are not members of the assembly. ▸ Rest (1/6th) are nominated by the Governor from persons of special knowledge or practical experience of literature, science, art, cooperative movement and social service. ▸ 5/6th of total number of members of Legistative Council are indirectly elected, and 1/6th are nominated by Governor. Membership of the State Legislature Qualification Under Article 173, they must fulfil the following conditions (a) He must be a citizen of India. (b) Hemustmake and subscribe before the person authorised by the Election Commission an oath or affirmation according to the form prescribed in the Third Schedule. (c) He must be not less than 30 years of age in the case of the Legislative Council and not less than 25 years of age in the case of the Legislative Assembly. (d) He must possess other qualifications prescribed by Parliament, under Representation of People Act (1951). Oath or Affirmation It is administered by Governor or person appointed by him for this purpose. Vacation of Seats (in cases of) ▸ Double membership ▸ Disqualification ▸ Resignation ▸ Absence (more than 60 days without permission) Other cases ▸ if his election is declared void by the court, if he is expelled by the House, ▸ if he is elected for the office of the President or office of Vice-President, if he is appointed to the office of Governor of a state. Duration of the TwoHouses Legislative Assembly Same as Lok Sabha. Leglislative Council Same as Rajya Sabha. Presiding Officers of State Legislature ▸ Speaker/Deputy Speaker in Legislative Assembly (Article 178). ▸ Chairman/Deputy Chairman in Legislative Council (Article 182). Speaker of Legislative Assembly Speaker of Assembly is elected by the Assembly itself fromamongst itsmembers. He can vacate his office earlier in any of the following three cases 1. If he ceases to be a member of the Assembly; 2. If he resigns by writing to the Deputy Speaker; and 3. If he is removed by a resolution passed by a majority of all the members of the assembly. Such a resolution can be moved only after giving 14 days advance notice. (Article 179). Powers and Duties of Speaker ▸ He maintains order and decorum in the Assembly for conducting its business and regulating its proceedings. ▸ He adjourns the Assembly or suspends the meeting in the absence of a quorum. ▸ He does not vote in the first instance. But, he can exercise a casting vote in the case of a tie. ▸ He can allow a secret sitting of the House at the request of the leader of the House. ▸ He decides whether a bill is a Money Bill or not and his decision on this question is final. ▸ He decides the questions of disqualification of a member of the Assembly, arising on the ground of defection under the provisions of the Tenth Schedule. ▸ He appoints the Chairman of all the committees of the Assembly and supervises their functions. Chairman of Legislative Council The Chairman is elected by the council itself from amongst its members. The Chairman vacates his office in any of the following three cases 1. If he ceases to be a member of the council, 2. If he resigns by writing to the Deputy Chairman; and 3. If he is removed by a resolution passed by a majority of all the members of the council. Such a resolution can be moved only after giving 14 days advance notice. Legislative Procedure ▸ A Money Bill can be introduced only in the Legislative Assembly. The Assembly is not bound to accept any recommendation by the council, it may at the most withhold the bill for 14 days from the date of its receipt. (Article 198). ▸ In case of an Ordinary Bill, the Legislative Council can hold the bill for a maximum of three months. There is no provision for joint sitting in case of difference between the two Houses.
▸ It participates in the election of the President. ▸ It can remove the Council of Ministers by passing a No-Confidence Motion. ▸ It controls the executive by various financial committees. It ratifies certain Constitutional Amendments, in which participation of half of the State Legislatures is required. Strength of Legislative Assembly
S.N.
State/Union Territory
Number of Seats
I. States
175
60
126
243
182
68
87
81
224
140
230
288
147
295
117
200
32
235
Telengana
119
70
403
II. Union Territories
1. Delhi
2. Puducherry
30
Strength of Legislative Council
Name of State
100
58
75
78
36
HIGH COURT ▸ Every High Court (whether exclusive or common) consists of a Chief Justice and such other judges as the President may from time to time deem necessary to appoint. Thus, the Constitution does not specify the strength of a High Court and leaves it to the discretion of the President. ▸ Accordingly, the President determines the strength of a High Court from time to time depending upon its workload. ▸ The Constitution of India provides a High Court for each state, but the 7th Amendment Act of 1956, authorised the Parliament to establish a common High Court for two or more states or a state and a union territory. ▸ The territorial jurisdiction of a High Court is co-terminus with the territory of a state. ▸ As of 2019, there are 25 High Courts in India. Telangana is the 25th High Court. Jurisdiction and Seats of High Courts
S.No.
Name
Established in the Year
Territorial Jurisdiction
Seat
Jabalpur (Benches at Gwalior and Indore)
Bombay
1862
Maharashtra, Dadra and Nagar Haveli, Goa, Daman and Diu
Mumbai (Bench at Nagpur, Panaji and Aurangabad)
Calcutta
West Bengal and Andaman and Nicobar islands
Kolkata (Circuit Bench at Port Blair)
Madras
Tamil Nadu and Puducherry
1866
Allahabad (Bench at Lucknow)
1884
1916
Orissa
1948
Assam, Nagaland, Mizoram and Arunachal Pradesh
Guwahati (Benches at Kohima and Aizawl and itanagar)
1949
Jodhpur (Bench at Jaipur)
1958
Kerala and Lakshadweep
Ernakulam
1928
Srinagar and Jammu
1966
Punjab and Haryana
1875
Punjab, Haryana and Chandigarh
Ranchi
Imphal
Shillong
Agartala
Amaravati
Appointment of Judges ▸ Under Article 217, The judges of the High Court are appointed by the President. ▸ The Chief Justice of the High Court is appointed by the President after consultation with the Chief Justice of Supreme Court and Governor of the concerned state. Qualification of Judges ▸ He should be a citizen of India. ▸ He should have held a judicial office in the territory of India for 10 years. or ▸ He should have been an advocate of a High Court (or High Courts in succession) for 10 years. Oath Oath is administered by Governor or person appointed by him for this purpose. Tenure ▸ He holds office until he attains the age of 62 years. Any questions regarding his age is to be decided by the President and is considered as final. Removal ▸ He can resign his office by writing to the President. ▸ He can be removed from his office on the recommendation of the Parliament (same as Judge of SC). ▸ He vacates his office when he is appointed as a Judge of the Supreme Court or when he is transferred to another High Court. Salaries and Allowances ▸ Determined by Parliament from time to time. ▸ Present salary of Chief Justice of High Court is ` 2,50,000 and that of Judge of High Courts is ` 2,25,000 Independence of High Court Following provisions are made to safeguard and ensure the independence of High Court ▸ Mode of appointment. ▸ Security of tenure. ▸ Fixed service conditions. ▸ Expenses charged on the consolidated fund of state. ▸ Conduct of judge cannot be discussed. ▸ Ban on practice after retirement. ▸ Power to punish for its contempt. ▸ Freedom to appoint its staff. ▸ Its jurisdiction cannot be curtailed. ▸ Separation from executive. Jurisdiction and Powers of High Court At present, a High Court enjoys the following jurisdiction and powers ▸ Original jurisdiction ▸ Writ jurisdiction (Article 226) ▸ Appellate jurisdiction ▸ Supervisory jurisdiction ▸ Control over subordinate courts. ▸ A court of record. ▸ Power of judicial review. The Supreme Court can issue writ jurisdiction, only where a Fundamental Right has been infringed. High Court can issue these writs Under Article 226 not only in such cases, but also where an ordinary legal right has been infringed. High Court does not have advisory power as in case of Supreme Court.
Articles 233 to 237 in Part VI of the Contitution make the provisions to regulate the organisation of subordinate courts and to ensure their independence from the executive. Appointment of District Judges The appointment, posting and promotion of district judges in a state are made by Governor of the State in consultation with the High Court. A person to be appointed as district judge should have the following qualifications ▸ He should not already be in the service of the Central or the State Government. ▸ He should have been an advocate or a pleader for seven years. ▸ He should be recommended by the High Court. Appointment of Other Judges Appointment of persons (other than district judges) to the judicial services of a state are made by the Governor of the State after consultation with the State Public Service Commission and the High Court.
The Nyaya Panchayats are the judicial bodies in village, which provide speedy and inexpensive justice for all petty civil suits. Usually, their domain of jurisdiction is limited to four to five villages only. They can impose only monetary fines at the most, as punishments are barred from the power to award imprisonment sentences (except Bihar).
The federal system adopted in India involves division of authority between the union and the states. Relations between the union and states can be studied under the following parts. A. Legislative Relations (Art. 245-255) ▸ The Constitution divides the subjects into the Union List (100 subjects), the State List (61 subjects) and the Concurrent List (52 subjects). Enumerated in the Seventh Schedule under Article 246. Parliament has exclusive power to legislate on subjects mentioned in the Union List. This list contains subjects like defence, foreign affairs, atomic energy etc. ▸ State Legislatures have exclusive power to legislate on subjects mentioned in the State List. The State List contains subjects like health, sanitation, public order, agriculture etc. Both Parliament and State Legislatures can legislate on subjects mentioned in the Concurrent List. This list contains subjects like criminal law, forests, education, marriage and divorce etc. ▸ Residual Powers (i.e. subjects not included in any of the list) rest with Union Government. Lok Adalat ▸ Lok Adalat (People's Courts), established by the government, settles disputes through conciliation and compromise. The first Lok Adalat was held in Gujrat on 14th March, 1982. ▸ The Lok Adalat is presided over by a sitting or retired judicial officer as Chairman, with two other member, usually a lawyer and a social worker. There is no court fee. If the case is already filed in a regular court, the fee paid is refunded if the dispute is settled at the Lok Adalat. ▸ Lok Adalat is very effective in settlement of money claims. Disputes, like partition suits, damages and matrimonial cases, can also be easily settled in Lok Adalat, as chances of compromise through give and take approach stand high in such cases. ▸ Lok Adalat is a boon to the litigant public, where they can get their disputes settled fast and free of cost. ▸ Lok Adalats have been given the status of a Civil Court and every award made by the Lok Adalat is final and binding on all parties and no appeals lies to any court against its award. B. Administrative Relations (Art. 256-263) The states are expected to comply with the Laws of the Parliament and not impede the exercise of the Executive Powers of the Union (Articles 256, 257). In this regard, the Union Government can issue necessary directives to the states. All disputes between states regarding the use, distribution or control of water are decided by the centre (Article 262). C. Financial Relations (Art. 268-293) ▸ The states are greatly dependent on the Central Government for finance. The State Governments have been provided independent sources of revenue, but these are inadequate. ▸ The Union Government has the power to borrow from within India or outside, subject to the limits laid down by the Parliament, the borrowing power of the states is subject to several limitations and the cannot borrow from outside India. Zonal Councils (Article 263) ▸ Six zonal councils have been established to discuss and advise on matters of common interest. The Union Home Minister has been nominated to be the common Chairman of all Zonal Councils. Set-up under State Reorganisation Act, 1956. ▸ Northern Zonal Council Consist of Punjab, Rajasthan, Haryana, Jammu and Kashmir, Himachal Pradesh, Chandigarh and Delhi. Headquarters–New Delhi ▸ Central Zonal Counil Uttar Pradesh, Uttarakhand, Chhattisgarh and Madhya Pradesh. Headquarters–Allahabad ▸ Eastern Zonal Council Bihar, Jharkhand, West Bengal and Odisha. Headquarters–Kolkata ▸ Western Zonal Council Maharashtra, Goa, Gujarat and UTs of Dadra and NagarHaveli and Daman Diu. Headquarters– Mumbai ▸ Southern Zonal Council Andhra Pradesh Tamil Nadu, Karnataka, Kerala and UT of Puducherry. Headquarters–Chennai ▸ North Eastern Council It was created in 1971 by a separate Act of parliament for Assam, Manipur, Tripura, Meghalaya, Nagaland, Mizoram and Arunachal Pradesh. In 1994, Sikkim was included in it.
In April, 2007, a new commission was set-up to re-examine centre-state relations. The commission was headed by former Chief Justice of India MM Punchhi. The major recommendations of the Punchhi Commission can be summed up as follows ▸ There should be an amendment in Articles 355 and 356 to enable the centre to bring specific trouble-torn areas under its rule for a limited period. ▸ Inter-State Relation An Inter- State Council can be established by the President under Article 263 of the Constitution of India. The function of the Inter-State Council is to investigate and discuss subjects in which states and union have a common interest. It also makes recommendations for better co-ordination of policy and action with respect to a subject. ▸ Under Article 262, Parliament has constituted the Inter-State Water Disputes Tribunal for adjudication of disputes between states for the waters of any inter-state river or river valley. ▸ Inter-state river water disputes are excluded from the jurisdiction of all courts including the Supreme Court. ▸ The commission has proposed ''localising emergency provision'' under Articles 355 and 356, contending that localised areas either a district or part of a district be brought under government rule instead of the whole state. ▸ The commission supports the Governor's right to give sanction for the prosecution of ministers against the advice of the State Government. ▸ There should be changes in the role of the Governor including fixed five year tenure as well as their removal only through impeachment by the State Assembly. ▸ It has been proposed that the appointment of Governor should be entrusted to a committee comprising the Prime Minister, Home Minister, Speaker of the Lok Sabha and Chief Minister of the concerned state. Sarkaria Commission It was set-up in June, 1983, by the Central Government of India to examine the relationship and balance of power between states and centre. It was headed by Justice Rajinder Singh Sarkaria, a retired Judge of the Supreme Court of India.
▸ Article 370 of the Indian Constitution accords special status to the State of Jammu and Kashmir. The Constitution specifically stipulates that the provisions with respect to the State of Jammu and Kashmir are of purely temporary nature. The prominent features of the special relationship of the State of Jammu and Kashmir with the Indian Union are as follows ▸ The union has no power to make a proclamation of Financial Emergency with respect to state of Jammu and Kashmir under Article 360. ▸ Jammu and Kashmir has its own Constitution, which was framed by a special Constituent Assembly and came into being on the 26th January, 1957. ▸ The Parliament cannot increase or decrease the area of the state or alter the name or boundary of the state without the consent of the State Legislature. The State Government shall be consulted by the centre before appointing a person as the Governor of Jammu and Kashmir. ▸ It has dual citizenship. Only the citizens of Jammu and Kashmir can take part in the election of the State Assembly and only he can buy immovable property in Jammu and Kashmir. ▸ The Parliament can make laws with regard to Jammu and Kashmir only on subjects meantioned in the Union List and not on the State List. ▸ The residuary powers in respect of Jammu and Kashmir rest with the State Government and not the Union Government. ▸ Besides the President's Rule, the Governor's Rule can also be imposed for a maximum period of six months, in case of constitutional breakdown in the state. ▸ The President of India can proclaim National Emergency on grounds of war and external aggression and not on grounds of armed rebellion. ▸ No preventive detention law made by the Parliament can have automatic extension to Jammu and Kashmir.
▸ Panchayats constitute functional institutions of grassroot governance in villages. The Balwant Rai Mehta Committee, January 1957, recommended that decision-making should be decentralised and elected local bodies should be established. However, the Panchayat Raj Institutions (PRIs) could not develop as it was expected to do so. ▸ In 1977, the government appointed the Ashok Mehta Committee to examine the measures to strengthen PRIs. ▸ The LM Singhvi Committee (1986) recommended Constitutional Status for local bodies.
▸ The Constitution 73rd Amendment Act,1992 inserted a new part IX into the Constitution. The salient features of Part IX of the Constitution are as follows ▸ The term of the Panchayats is five years unless dissolved earlier. Seats shall be compulsorily reserved for Scheduled Castes and Scheduled Tribes. Seats to be reserved for backward classes is left at the discretion of the State Government. ▸ There is a provision of State Finance Commission to review the financial position of Panchayats and recommend grant-in-aids. ▸ One-third of the seats are reserved for women. A State Election Commission headed by the State Election Commissioner shall conduct elections for the Panchayats. ▸ The Constitution has provided for three-tier system of Panchayats at the village, intermediate and district levels.
▸ The three-tier system of Panchayat Raj was first adopted by Rajasthan (Nagaur district on 2nd October, 1959) followed by Andhra Pradesh. (a) Village Panchayat ▸ It consists of elected representatives of the people, its membership varies from 5-31. There is reservation for SC, ST and Women. ▸ Chairman, i.e. Sarpanch is elected in a manner as the State Legislature may provide directly or indirectly. ▸ Villages Panchayat has to answer Gram Sabha for all its actions. ▸ Gram Sabha comprises the residing adults of the Panchayat and it supervises the working of Panchayat. (b) Block and Panchayat Samiti ▸ The Block consists 20-60 villages. It is governed by the elected members of Village Panchayat, which is called Panchayat Samiti. ▸ Pradhan is the head or Chairman of Panchayat Samiti. ▸ States with population less than 20 lakh need not constitute a Block Panchayat. Chairperson is elected form amongst the members. (c) Zila Parishad ▸ Members of the Zila Parishad are elected from the district by direct election on the basis of adult franchise for a term of 5 years. ▸ Chairman of Zila Parishad is elected from amongst the members.
▸ The Constitution of India provides the provision of local self government units in urban area by inserting Part IX-A through the 74th Amendment Act, 1992. ▸ The Constitution provides for three types of Municipalities. Nagar Panchayat, for areas in transition from rural to urban. ▸ Municipal Council is for smaller urban area. ▸ Municipal Corporation is for larger urban area. It is the biggest urban local government. ▸ The Constitution of Municipalities shall be determined by a Law of the State Legislature. Wards Committees shall be constituted in those Municipalities having a population of three lakh or more. ▸ Seats shall be reserved for Scheduled Castes and Scheduled Tribes. ▸ One-third of the seats shall be reserved for women. ▸ Municipalities will have the power to impose taxes, duties, tolls and fees in accordance with law. The Constitution provides for a State Finance Commission to review the financial position of the Municipalities and recommend measures to augment their funds. ▸ Under Article 243 ZD, a District Planning Committee shall be constituted to consolidate the plans prepared by the Panchayats and Municipalities in the district. ▸ Under Article 243 ZE, a Metropolitan Planning Committee shall be constituted to prepare a draft development plan for the metropolitan area as a whole.
▸ Part XVII of the Constitution deals with the official language in Articles 343 to 351. ▸ Hindi written in Devanagari Script is to be the official language of the Union. ▸ In 1955, the President appointed an official Language Commission under the Chairmanship of BG Kher. ▸ All proceeding in the Supreme Court and in every High Court are to be in English Language only. ▸ The authoritative texts of all bills, acts, ordinances, order, rules, regulation and by-laws at the central and state levels. ▸ Normally there were fourteen languages in Eighth Schedule, but eight were added during amendments, now 22 languages are there 1. Assamese 2. Bengali 3. Gujarati 4. Hindi 5. Kannada 6. Kashmiri 7. Konkani 8. Malayalam 9. Manipuri 10. Marathi 11. Nepali 12. Oriya 13. Punjabi 14. Sanskrit 15. Sindhi 16. Tamil 17. Telugu 18. Urdu 19. Santhali 20. Bodo 21. Maithili 22. Dogri. ▸ Sindhi was added by the 21st Amendment Act, 1967; Konkani, Manipuri and Nepali were added by the 71st Amendment Act, 1992; and Bodo, Dogri, Maithili and Santhali were added by the 92nd Amendment Act, 2003. ▸ The Constitution imposes a duty upon the centre to spread the development of the Hindi language so that it may become the 'lingua franca' of the composite culture of India.
▸ The Constitution of India (Article 148) provides for an independent office of the Comptroller and Auditor General of India (CAG). ▸ He is the guardian of the public purse and audits the accounts of the government at both the levels- the centre and the state. ▸ His duty is to uphold the Constitution of India and laws of Parliament in the field of financial administration. ▸ Article 148 to 151 of the Constitution deals with CAG's appointment, powers and audit reports. ▸ The CAG of India is appointed by the President for six years or till sixty five years, of age whichever is earlier. ▸ His removal process is similar to that of a Judge of the Supreme Court. ▸ Shri V Narahari Rao, was the first Comptroller and Auditor General of India (1948-1954).
▸ The Constitution (Article 76) has provided for the office of the Attorney General of India. He is the highest law officer in the country. ▸ The Attorney General of India must be a person, who is qualified to be appointed as a Judge of the Supreme Court. He is appointed by the President. ▸ The term of office of the Attorney General is not fixed by the Constitution. Further, the Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the President. ▸ The Attorney General's duty is to give advice to the Government of India upon such legal matters, which are referred to him by the President. Advocate General of the State ▸ Article 165, has provided for the office of the Advocate General for the states. He acts as highest Law officer in the state, corresponding to the Attorney General of India. ▸ He is appointed by the Governor to give advice to state government on legal matters. and he also performs such other duties of a legal nature that are assigned to him by the Governor. ▸ The Attorney General appears before the Supreme Court and various High Courts in cases involving the Government of India. ▸ The Attorney General of India is not a member of the Cabinet. ▸ He has the Right to Speak in the either House of Parliament, but he has no Right to Vote.
▸ An independent Election Commission has been established under the Constitution in order to carry out and regulate the holding of elections in India. The Election Commission was established in accordance with the Constitution on 25th January, 1950. ▸ The Election Commission prepares, maintains and periodically updates the electoral roll, which shows who is entitled to vote, supervises the nominations of candidates, register political parties, monitors the election campaign. Administrative Tribunals ▸ The 42nd Amendment Act of 1976 added a new Part XIV-A to the Constitution. This part is entitled as 'Tribunals' and consist of only two Articles, Article 323A dealing with administrative tribunals and Article 323B dealing with tribunals for other matters. ▸ The Central Administrative Tribunal (CAT) was set-up in 1985, with the principal bench at Delhi and additional benches in different states. ▸ It also organises the polling booths, counting of votes, and declaration of results, to ensure the orderly and fair manner of elections. ▸ At present Election Commission consists of Chief Election Commissioner and two Election Commissioners. ▸ The Constitution provides for an Independent Election Commission to ensure free and fair elections to the Parliament, the State Legislature and the offices of the President and Vice-President. ▸ The Chief Election Commissioner and other Election Commissioners are appointed by the President for 6 years or till 65 years, whichever is earlier. (Article 324).
▸ Delimitation Commission or Boundary Commission of India is a commission, established by Government of India under the provisions of the Delimitation Commission Act. The main task of the commission is to redraw the boundaries of the various assemblies and Lok Sabha Constituencies based on a recent census. The representation from each state is not changed during this exercise. However, the number of SC and ST seats in a state are changed in accordance with the census. ▸ The commission is a powerful body, whose orders cannot be challenged in a court of law. The orders are laid before the Lok Sabha and the respective State Legislative Assemblies. However, modifications are not permitted. ▸ Delimitation Commissions have been set-up four times in the past, in 1952, 1963, 1973 and 2002, under Delimitation Commission Acts of 1952, 1962, 1972 and 2002. ▸ The delimitation commission was set-up on 12th July, 2002 after the 2001 Census with Justice Kuldip Singh, a retired Judge of the Supreme Court of India as its Chairperson. The assembly elections in Karnataka, which were conducted in three phases in May, 2008 was the first one to use the new boundaries as drawn by the 2002 Delimitation Commission.
The None of The Above (NOTA) is an option on the Electronic Voting Machines (EVMs), through this peoples get the right of votes to reject all candidates contesting the elections. A 'NOTA' does not require the involvement of the presiding officer. The NOTA option was first used in the assembly election of five states in November 2013. The NOTA option would not impact the result of elections. ▸ The Chief Election Commissioner can be removed on ground similar to that of a Judge of the Supreme Court. The other Election Commis- sioners may be removed by the President on the recommendation of the Chief Election Commissioner. ▸ The general election is held on the basis of Universal Adult Suffrage.
▸ With the promulgation of the new Consitution for Independent India on 26th January, 1950, the Federal Public Service Commission was accorded a consitutional status as an autonomous entity and given the title Union Public Service Commission.
▸ The Chairman and other members of the UPSC are appointed by the President and they hold office for a term of 6 years from the date of appointment or until they attain the age of 65 years. They are independent of the Executive and Legislature in the same manner as the Judges of the Supreme Court. ▸ Age of retirement for a member of Public Service Commission of a State or Joint Commission is 62 years. Removal of Members ▸ UPSC members can resign by addressing their letter of resignation to the President. ▸ President can remove them by issuing orders under the circumstances provided in the Constitution. Functions of UPSC ▸ To conduct exams for appointment to services under the union. Advise the President (not obligatory on him) in matters relating to appointment, promotions and transfers from one service to another of civil servants. ▸ All disciplinary matters affecting person in the service of union. ▸ Matters regarding award of pension and awards in respect to injuries sustained during service under the government.
▸ Right to Information became an act in 2005. The aim is to make the governments more transparent in its working. It came into operation on 12th October, 2005. ▸ Under the act, a Central Information Commission and State Information Commissions needs to be constituted. ▸ The Central Information Commission and State Information Commission hear complaints from any person, who has been denied information by any government authority. ▸ The Chief Information Commissioner and other Information Commissioners shall be appointed by the President on the recommendation of a committee consisting of the Prime Minister, the leader of opposition in Lok Sabha and a Union Cabinet Minister to be nominated by the PM. In its 6 years of working, the RTI Act has given citizens the power to make its government accountable. Increasingly citizens are using RTI Act to get access to information.
The Planning Commission was an institution in the Government of India, which formulated India's Five-Year Plans. The Government has replaced Planning Commission with a new institution named NITI Aayog (National Institution for Transforming India). NITI Aayog ▸ The institution will serve as 'Think Tank' of the Government, a directional and policy dynamo. ▸ NITI Aayog will provide governments and the central and state levels with relevant strategic and technical advice across the spectrum of key elements of policy. This includes matters of national and international importance. PM is the ex-officio chairman of NITI Aayog. Functions of NITI Aayog ▸ To foster cooperative federalism through structured support, initiatives and mechanisms with the states on a continuous basis, recognising that strong states make a strong nation. ▸ To develop mechanisms to formulate credible plans at the village level and aggregate these progressively at higher levels of government. ▸ To ensure, on areas that are specifically referred to it, that the interest of national security are incorporated in economic strategy and policy. To pay special attention to the sections of our society that may be at risk of not benefitting adequately from economic progress. ▸ To provide advice and encourage partnerships between key stakeholders and national and international likeminded Think Tanks, as well as educational and policy research institutions. ▸ To create a knowledge, innovation and entrepreneurial support system through a collaborative community of national and international experts, practitioners and other partners. ▸ To offer a platform for resolution of inter-sectoral and inter-departmental issues in order to accelerate the implementation of the development agenda. ▸ To actively monitor and evaluate the implementation of programmes and initiatives, including the identification of the needed resources so as to strengthen the probability of success and scope of delivery. Members of NITI Aayog ▸ PrimeMinister of India as the Chairperson. ▸ Governing Council comprising the Chief Ministers of all the States and Lt Governors of Union Territories. ▸ The Regional Councils will be convened by the Prime Minister and will comprise of the Chief Ministers of States and Lt Governors of Union Territories in the region. These will be chaired by the Chairperson of the NITI Aayog or his nominee. Experts, specialists and practitioners with relevant domain knowledge as special invitees nominated by the Prime Minister. ▸ The full-time organisational framework (in addition to the Prime Minister). ▸ Vice-Chairperson: To be appointed by the Prime Minister. ▸ Members: Full-time. ▸ Part-time Members: Maximum of 2 from leading universities research organisations and other relevant institutions in an ex-officio capacity. Part time members will be on a rotational basis. ▸ Ex Officio Members : Maximum of 4 members of the Union Council of Ministers to be nominated by the Prime Minister. ▸ Chief Executive Officer: To be appointed by the Prime Minister for a fixed tenure, in the rank of Secretary to the Government of India. ▸ Secretariat as deemed necessary.
▸ Political parties are voluntary associations or organised groups of individuals, who share the same political views and who try to gain political power through constitutional means and who desire to work for promoting the national interest. Recognised National Political Parties
Bahujan Samaj Party (BSP)
Elephant
Bhartiya Janata Party (BJP)
Lotus
1980
Communist Party of India (CPI)
Ears of Corn and Sickle
1925
Communist Party of India-Marxist (CPM)
Hammer, Sickle and Star
Indian National Congress (INC)
Hand
1885
Nationalist Congress Party (NCP)
Clock
1999
All India Trinamool Congress (AITC)
Flower and Grass
▸ To be recognised as a National Party, a party needs to secure atleast 6% of the valid votes polled in any four or more states in a general election to the Lok Sabha or State Assembly. In addition to it, it has to win atleast four seats in the Lok Sabha from any state or states as well. ▸ For getting recognition as a State Party, a political party has to secure atleast 6% of the valid votes in the state during a general election, either to that of the Lok Sabha or the State Assembly. Apart from this, the party should also win minimum two seats in the assembly of the state concerned.
▸ The 52nd Amendment Act of 1985 provided for the disqualification of the Members of Parliament and the State Legislatures on the ground of defection from one Political Party to another. ▸ The 91st Amendment Act of 2003 made one change in the provisions of the Tenth Schedule. It omitted an exceptional provision i.e., disqualification on ground of defection not to apply in case of split. ▸ A member of a House belonging to any political party becomes disqualified for being a Member of the House (a) If he voluntarily gives up his membership of such political party; or (b) If he votes or abstains from voting in such House contrary to any direction issued by his political party without obtaining prior permission of such party and such act has not been condoned by the party within 15 days. ▸ An independent member of a House (elected without being set-up as a candidate by any political party) becomes disqualified to remain a member of the House, if he joins any political party after such election. ▸ A nominated member of a House becomes disqualified for being a member of the House, if he joins any Political Party after the expiry of six months from the date, on which he takes his seat in the House. Recently, the Supreme Court in a significant ruling, held that a Member of Parliament or a State Legislature can be disqualified for defying a whip only on two counts, when voting against the government or not agreeing to policies and programmes of the government. E-governance ▸ E-governance simply means electronic governance. Governments are providing various information on their website about their working, citizen's interaction with government becomes easier. ▸ The National E-governance Plan was approved by the cabinet in May 2005. ▸ Various E-governance projects of central government areMCA21 (CorporateMinistry), Pensions, Income Tax, Central Excise, Passport Seva Project, Aadhar, E-courts, E-procurement and e-office (Central secretariat). ▸ Besides, the Central Government, various State Governments are undertaking various projects for E-governance under the National E-governance plan. ▸ E-governance has the potential to change the way governments govern and its impact would be definetly felt by the citizens of India. ▸ Edistrict is amissionmode project under e-governance. Its objective under National E-governance Policy is computerisation of services. Under it, different programmes are conducted in following states ▸ Jandoot Project – Madhya Pradesh ▸ Compact 2020 – Andhra Pradesh ▸ Land Programme – Kurnataka ▸ Friends – Kerala ▸ Dish – Haryana
The Lokpal and Lokayuktas Act, 2013 wasmade by the Parliament to provide for the establishment of body of Lokpal for the Union and Lokayukta for state to inquire into allegations of corruptions against certain public functionaries and for matters connecting them. Salient Features of Lokpal and Lokayuktas Act ▸ Lokpal bill consists of a chairperson and a maximum of eight members of which 50% shall be judicial members. 50% of members of Lokpal shall be from SC/ST/OBCs, minorities and women. ▸ The selection of chairperson and members of Lokpal shall be through a selection committee consist of 1. Prime Minister 2. Speaker of Lok Sabha 3. Leader of opposition in Lok Sabha 4. Chief Justice of India or a sitting Judge of Supreme Court nominated by CJI. 5. Eminent jurist on the basis of recommendations of the first four members of the selection committee. Prime Minister has been brought under the purview of the Lokpal.
▸ The National Human Rights Commission is a statutory body, constituted in 1993 under the Protection of Human Rights Act, 1993. ▸ The commission acts a watchdog of human rights in the country. It is a multimember body consisting of a chairman and four members. The chairman should be a retired Chief Justice of India, and members should be serving or retired Judges of supreme court and person having special knowledge or practical experience with respect to human rights.
▸ The National Commission for SCs and STs have been established under the Article 338 and 338-A respectively as a constitutional body. ▸ They investigate all matter related to constitutional and other legal safeguards for SCs and STs and report to the President on their working. and also advice on the planning process for socio-economic development of SCs and STs.
Under Article 368, of the Constitution, Parliament has the power of amending the Constitution. There are three methods ▸ Method of Simple Majority The Constitution can be amended by simple majority in matters relating to citizenship, abolishing or creating second chambers in the states creation of states or alteration of boundaries of existing states etc. By Special Majority Constitutional Amendments must be passed by each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting. ▸ In the Third Method In this method, apart from passing through a special majority in Parliament,it should also be passed by half the the state legislatures. Basic Features ▸ The present position is that the Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights, but without affecting the 'basic features' of the Constitution. ▸ However, the Supreme Court is yet to define or clarify as to what constitutes the 'basic feature' of the Constitution. ▸ From the various judgements, the following have emerged as 'basic features' of the Constitution: Supremacy of the Constitution, secular character of the Constitution, separation of powers between the Legislature, the Executive and the Judiciary, federal character of the Constitution, judicial review, rule of law, parliamentary system, free and fair elections, limited power of Parliament to amend the Constitution.
▸ The First Amendment 1951, to overcome certain practical difficulties related to Fundamental Rights. It made provision for special treatment of educationally and socially backward classes and added Ninth Schedule to the Constitution. ▸ The Third Amendment 1954, it substituted entry 33 of List III (Concurrent List) of the Seventh Schedule to make it correspond to Article 369. ▸ The Seventh Amendment 1956, was necessitated on account of reorganisation of states on a linguistic basis and changed First and Fourth Schedules. ▸ The Eighth Amendment 1960, extended special provision for reservation of seats for SCs, STs and Anglo-Indians in Lok Sabha and Legislative Assemblies for a period of 10 years from 1960 to 1970. ▸ The Ninth Amendment 1960, transferred certain territories to Pakistan following September, 1958, Indo-Pak Agreement. ▸ The Tenth Amendment 1961, incorporated the territories of Dadra and Nagar Haveli in Indian Union. ▸ The Twelfth Amendment 1962, incorporated the territories of Goa, Daman and Diu in Indian Union. ▸ The Thirteenth Amendment 1962, created Nagaland as a State of the Union of India. ▸ The Fourteenth Amendment 1962, incorporated former French Territory of Puducherry in Indian Union. ▸ The Eighteenth Amendment 1966, was made to facilitate reorganisation of Punjab into Punjab and Haryana and also created the UT of Chandigarh. ▸ The Twenty-First Amendment 1967, included Sindhi as the 15th regional language in the Eighth Schedule. ▸ The Twenty-Second Amendment 1969, created a sub-state of Meghalaya within Assam. ▸ The Twenty-Third Amendment 1970, extended the reservation of seats for SC/ST and nomination of Anglo-Indians for a further period of 10 years (upto 1980). ▸ The Twenty-Seventh Amendment 1971, provided for the establishment of the States of Manipur and Tripura, the formation of the Union Territories of Mizoram and Arunachal Pradesh. ▸ The Thirty-First Amendment 1973, increased elective strength of Lok Sabha from 525 to 545. Upper limit of representatives of state became 525 from 500. ▸ The Thirty-Sixth Amendment 1975, made Sikkim a state of the Indian Union. ▸ The Forty-Second Amendment 1976, provided supremacy of Parliament and gave primacy to Directive Principles over Fundamental Rights and also added 10 Fundamental Duties. New words-socialist, secular and integrity, were added in the Preamble. ▸ The Forty-Fourth Amendment 1978, restored the normal duration of Lok Sabha and Legislative Assemblies to 5 Years, Right to Property was deleted from Part III. It limited the power of the government to proclaim internal emergency. ▸ The Forty-Fifth Amendment 1980, extended reservation for SC/ST by 10 years (upto 1990). ▸ The Fifty-Second Amendment 1985, inserted the Tenth Schedule in the Constitution regarding provisions as to disqualification on the grounds of defection. ▸ The Fifty-Fourth Amendment 1986, enhanced salaries of Judges of Supreme Court and High Court. ▸ The Fifty-Fifth Amendment 1986, conferred statehood on Arunachal Pradesh. ▸ The Fifty-Sixth Amendment 1987, Hindi version of the Constitution of India was accepted for all purposes and statehood was also conferred on the UT of Goa. ▸ The Sixty-First Amendment 1989, reduced voting age from 21 to 18 years for Lok Sabha and Assemblies. ▸ The Seventy-Third Amendment 1992, (Panchayati Raj Bill) provided Gram Sabha in villages, direct elections to all seats in Panchayats and reservation of seats for the SC and ST, women and fixing of tenure of 5 years for Panchayats. ▸ The Seventy-Forth Amendment 1992, (Nagar Palika Bill) provided for Constitution of three types of municipalities, reservation of seats for SC and ST, women and the backward class. ▸ The Seventy-Ninth Amendment 1999, extended reservation for the SC/ST for further period of ten years, i.e. up to 25th January, 2010. ▸ The Eightieth Amendment 2001, certain changes were made to tax distribution provided under Articles 269, 270 and 272 of the Constitution. ▸ The Eighty-Fourth Amendment 2001, the number of representatives in the Lok Sabha and State Assemblies to freeze to current levels for the next 25th years (till 2026). ▸ The Eighty-Fifth Amendment 2001, provided for consequential seniority in case of promotion (with retrospective effect from 17th June, 1995) by virtue of the rule of reservation for government servants belonging to SCs/STs. ▸ The Eighty-Sixth Amendment 2002, the act deals with the insertion of a new Article 21A after Article 21. The new Article 21A deals with Right to Education 'the state shall provide free and compulsory education to all children from the age of 6 to 14 years in such a manner as the state may, by law determine.' ▸ The Eighty-Eighth Amendment 2003, provides for the insertion of a new Article 268A. Service tax levied by union and collected and appropriated by the union and the states. Amendment of Article 270, Amendment of Seventh Schedule. ▸ The Eighty-Ninth Amendment 2003, provides for the Amendment of Article 338. There shall be a National Commission for the SCs/STs. ▸ The Ninety-First Amendment 2003, amended the anti-defection laws and provided for Amendment of Article 75. The total number of Ministers, including the Prime Minister, and the Council of Ministers shall not exceed 15% of the total number of members of the House of the People. ▸ The Ninety-Second Amendment Act 2003, provided for the Amendment of Eigth Schedule by adding four new regional languages (Bodo, Maithili, Santhali and Dogri) thus, extending the list to 22 languages. ▸ The Ninety-Third Amendment Act 2005, (came into effect on 20th January, 2006) provided for special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the SCs/STs in so far as such special provisions relate to their admission to educational institutions including private educational institutions. ▸ The Ninety-Forth Amendment Act 2006, to provide for a Minister of Tribal Welfare in newly created Jharkhand and Chhattisgarh. ▸ The Ninety-Fifth Amendment Act 2009, extended reservation for the SC/ST for further period of ten years, that is upto 25th January, 2020. ▸ The Ninety-Sixth Amendmant Act 2011 substituted 'Odia' for 'Oriya'. ▸ The Ninety-Seventh Amendment Act 2011, provided for the Co-operative societies in Part IX B of the Constitution of India. It also amended Article 19 (1) (c) and inserted Article 43B. ▸ The Ninety-Eighth Amendment Act, 2012, Provided for special provisions for the Hyderabad-Karnataka region of the state of Karnataka. ▸ The Ninety-Ninth Amendment Act, 2014, regulates the procedure to be followed by the National Judicial Appointments Commission (NJAC) for appointment and transfer of chief Justice and Judges of Supreme Court and High Courts. But Supreme Court declared this unconstitutional and void. ▸ The Hundredth Amendment Act, 2015, deals with the acquiring of territories by India and transfer of certain territories to Bangladesh in pursuance of the agreements and its protocol between India and Bangladesh. ▸ The Hundred and One Amendment Act 2017 deals with the Goods and Services Tax act. The GST is a comprehensive indirect tax levy on manufacture, sale and consumption of goods as well as services at the national level. ▸ The Hundred and Two Amendment Act 2018 provides the constitutional status to National Commission for Backward Classes. ▸ The Hundred and Three Amendment Act 2018 provideds the 10% Reservation for economically weaker section of society.
Quorum A Quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group. Quorum for either House is 1/10th of the total number of members of each House including the presiding officer. Penalty If a person sits or votes as a member of either House of the Parliament before he has complied with the requirements of Article 99 (oath) or when he knows that he is not qualified or that he is disqualified for membership thereof, he shall be liable in respect of each day on which he so sits or votes to a penalty of ` 500 to be recovered as a debt to the union. Parliamentary Privileges Parliamentary privileges are special rights, immunities and exemptions enjoyed by the two Houses of Parliament, their committees and their members. Privileges are provided in Article 105 (Union Legislature) and Article 194 (State Legislature) of the Constitution. Parliamentary privileges can be classified into two broad categories: collective privileges and individual privileges. Collective Privileges The privileges belonging to each House of Parliament collectively are • It can exclude strangers from its proceedings and hold secret sittings to discuss some important matters. • It can make rules to regulate its own procedure and the conduct of its business and to adjudicate upon such matters. • The courts are prohibited to enquire into the proceedings of a House or its committees. Individual Privileges The privileges belonging to the members individually are • They cannot be arrested during the session of Parliament and 40 days before the beginning and 40 days after the end of a session. This privilege is available only in civil cases and not in criminal cases. • They have freedom of speech in Parliament. No member is liable to any proceedings in any court for anything said or any vote given by him in Parliament. Question Hour The first hour of every sitting in both Houses (11 am to 12 pm). In this, questions are asked by members and answered by ministers. Question hour is an important mechanism through which Executive's accountability is brought about. There are three types of questions (i) A Starred Question It requires oral answers. Supplementaries can be asked. (ii) An Unstarred Question requires a written answer and hence, no supplementary questions can be asked. (iii) A Short Notice Questions These are the ones which relates to matters of urgent public importance and can be asked by members with notice shorter than ten days prescribed for an ordinary question. It is answered orally. Zero Hour the time gap between the question hour and the agenda is known as zero hour. This time is allotted everyday for miscellaneous business, call-attention notices, questions on official statements and adjournment motions. It has been in existence since 1962. Motion It is a proposal brought before the House for its opinion or decision. The different types of motions are Adjournment Motion It leads to setting aside the normal business of the Houses for discussing a definite matter of urgent public importance. Call-Attention Motion A member (after permission from the speaker) calls the attention of the minister to any matter of 'urgent public importance'. There is no call-attention motion in the Rajya Sabha. Instead, there exists a motion called 'motion for papers'. Censure Motion It can be moved only in the Lok Sabha and only by the opposition. It can be brought against the ruling government or against any minister for the failure of an act or seeking disapproval of their policy. A censure motion must specify the charges against the government for which it is moved. No Confidence Motion It can be moved only in the Lok Sabha and only by the opposition. It needs the support of 50 members to be admitted. It can be brought only against the Council of Ministers and not against any individual minister. A No Confidence Motion, need not to specify the reasons, for which it has been moved. If it is passed, the Government has to resign. PrivilegeMotion A resolution introduced by the opposition that a minister has mislead the House by giving wrong information. Cut Motions They are moved in the Lok Sabha only. They are related to the budgetary process which seeks to reduce the amount for grants. The Cut Motion can be divided into three categories : policy cut, economy cut and token cut. Lame Duck Session This refers to the last session of the existing Lok Sabha which is held after a new Lok Sabha has been elected after the general election. Whip A directive issued by any political party to ensure the support of its members voting in favour or against a particular issue on the floor of the House. A person may lose the membership of the party and the legislature if he votes against the whip or abstains from voting. Gerry Mandering It is the reorganisation of electoral districts attempted by the ruling party to gain some electoral advantage in the forthcoming elections. Guillotine When due to lack of time, demand for grants are put to vote whether they are discussed or not in the House on the last day of the allotted time, it is called Guillotine and it concludes the discussion on demands for grants.
▸ Address of President The President of India addresses to both Houses of Parliament assembled together at the commencement of the first session after each general election to Lok Sabha and at the commencement of the first session of each year. ▸ Adjournment of House The Speaker of the Lok Sabha determines, when the sitting of the House is to be adjourned since die or to a particular day or to an hour or part of the same day. In the Rajya Sabha, Chairman decides when Rajya Sabha needs to be adjourned. ▸ Breach of Privileges If a person disregards the privileges, rights and immunities of the Members of Parliament, then he commits breach of privileges. ▸ Closure It is the Parlimentary procedure, by which debate is closed and the measure under discussion brought up for an immediate vote. ▸ Contempt of Court It is disobedience to or disregard of the rules, orders, process or dignity of a court , which has power to punish such offence committed. ▸ Caretaker Government It is the government in the interregnum, which comes into existence as soon as the Council of Ministers resigns or loses confidence, or the Prime Minister dies. It lasts till the next Council of Ministers is formed. It is a constitutional necessity under Article 74. ▸ Delegated Legislation The Parliament gives the Executive the Power to make rules and regulations regarding an act of the Parliament. Such rules are called delegated legislation. ▸ Dissolution Under Article 85, the President of India dissolves the House of the people as per the procedure fixed by the Constitution. The dissolution ends the very life of the existing House and fresh election is essential to form a new House. ▸ Electoral Roll It is commonly known as voter's list. It gives the names of all those people, who are eligible to vote. ▸ Extradition It is the surrender by a foreign state of a person accused of a crime to the state, where it was committed. ▸ Floor Crossing It refers to the defection of a Member of Parliament from the party he was elected, to another political party. ▸ Hung Parliament When in a general election, no political party or coalition of the political parties is in a position to form a majority government, such a Parliament is called a Hung Parliament. ▸ Locus Standi It means on what grounds can a person file a case. Earlier a person, who did not have locus standi, could not file a case on behalf of aggrieved person on his own. Later when the concept of Public Interest Litigation (PIL) started, locus standi was waived and any citizen could file a PIL and bring to court's notice, violation of rights of people. ▸ Point of Order It is an extra-ordinary process, which when raised, has the effect of suspending the business before the house and the member, who is on his legs gives way. This is meant to assist the Presiding Officer in enforcing the Rules, Directions and Provisions of the Constitution for regulating the business of the House. ▸ Rule of Law The rule of law theory was given by English jurist Dicey. It has three meanings. (a) absolute supremacy of law (b) equality before law (c) Consitution is the result of the ordinary law of the land. ▸ Subordinate Legislation The rules and regulations made by the government within the purview of the authority delegated by the Legislature are called Subordinate Legislation. It is the same as Delegated Legislation. ▸ Untouchability It means social disabilities historically imposed on certain classes of people by reason of their birth in certain castes. ▸ Vote on Account It is an estimate of an advance payment to enable government departments to carry on their work from the beginning of financial year till the passing of the Appropriation Act. ▸ Vote of Credit The Lok Sabha can grant vote of credit to meet an expenditure whose amount or details cannot be precisely stated on account of magnitude or the indefinite character of service.
1. When was the last meeting of the Constituent Assembly held? 2. Emergency provisions are enumerated in which part of the Constitution? 3. Land Reforms have been exempted from Judicial Scrutiny. Under which schedule have they been placed? 4. Which Vice President of India died while in office? 5. Department of official languages, comes under which Ministry? 6. Howmanymembers of Rajya Sabha are there in the Public Accounts Committee? 7. When was the First National Emergency declared? 8. Whowas the firstSpeaker of the LokSabha? 9. When was the 42nd Constitutional Amendment Act enacted? 10. What is the minimum age required to be a member of the Rajya Sabha? 11. When did theConstituent Assembly adopt the National Flag? 12. What is the duration of the National Anthem 'Jana Gana Mana'? 13. Under whom are the powers of the Union Executive as per the Constitution? 14. Whenwas theRajyaSabha first constituted? 15. Taxes on services, was enshrined in the Constitution by which amendment? 16. By which Constitutional Amendment was Delhi given the status of National Capital Territory? 17. Under which part of the Constitution are provisions of municipalities mentioned? 18. In which year, was the Constituent Assembly of India constituted? 19. Out of 389 members in the Constituent Assembly, how many were from the Provinces? 20. When President of India resigns fromoffice, to whomdoes he address his resignation letter? 21. Who was Independent India's First Education Minister? 22. Provisions regarding anti-defection are mentioned in which Schedule of the Constitution? 23. After Independence, which state was the first to be established? 24. Freedom of Press is mentioned under which Article of the Constitution? 25. On which committee's recommendations was Fundamental Duties inserted in the Constitution? 26. Which Article of the Constitution has been described as 'Heart and Soul of theConstitution'byDrBRAmbedkar? 27. The Federation System in India has been borrowed from which country's Constitution? 28. In India, military and defence powers have been given to which authority? 29. Under which Article of the Constitution, has MGNREGA been brought? 30. Under which Article of the Constitution untouchability has been regarded as an offence? 31. Who determines the salary and emoluments of the Prime Minister? 32. Directive Principles of State Policy has been borrowed from which country's Constitution? 33. At present, how many members are there in the Rajya Sabha? 34. How much is the term of the Chief Election Commissioner of India? 35. Which committee of the Parliament examines the audit reports of the Comptroller and Auditor General of India? 36. WhichamendmentgaveConstitutional Status to Panchayati Raj in India? 37. Disputes between centre and the states or between states themselves is decided by which court? 38. The election of the President of India is done by which process? 39. Who was the Viceroy of India, when the Shimla Conference took place? 40. The High Court can stop the proceedings of an inferior court on grounds of exceeding its jurisdiction. By which writ is this possible? 41. Whenwas the First Amendment to the Constitution done? 42. Who is the head of the State Government? 43. How many members of the Muslim community were there in the Constituent Assembly? 44. The people of which State in India, have dual citizenship? 45. How are members of the Rajya Sabha elected? 46. Under which Article of the Constitution, the President's Pardoning Powers been enshrined? 47. Who was the Chairman of the Flag Committee? 48. Who was the Railway Minister in the Interim Cabinet (1946)? 49. Which party formed the government in Punjab Province in 1937? 50. Who was the Chairman of the Advisory Committee on Fundamental Rights, of the Constituent Assembly? 51. The provisions regarding Scheduled Areas and Scheduled Tribes has been mentioned in which Schedule of the Constitution? 52. Underwhich Article has 'Right to Freedomof Religion' been mentioned? 53. Financial Emergency has been mentioned in which Article of the Constitution? 54. How many judges are there in the Supreme Court? 55. When and where was the First High Court established? 56. Howmany states of India havebicameral Legislature? 57. When was the Sarkaria Commission appointed? 58. Who is the Chairman of the 14th Finance Commission? 59. Under Jawaharlal Nehru, when was the Interim Government established? 60. Who was the Chairman of the Union Constitution Committee of the Constituent Assembly? 61. The republican form of Government, has been borrowed from which country's Constitution? 62. Who is the only President of India elected, as an independent candidate? 63. Who was the First Chief Justice of the Supreme Court of India? 64. Under which Constitutional Amendment, was the rights and privileges of rulers of Princely States taken away? 65. By which Constitutional Amendment, was the voting age reduced from 21 years to 18 years? 66. Who is the First Law Officer of India? 67. By which Article of the Constitution, UPSC has been created? 68. When did the Constitution of Jammu and Kashmir come into force? 69. Who has the powers to declare an area as scheduled area for the protection of Scheduled Tribes? 70. Whichwordswere added to the Preamble by the 42nd Constitutional Amendment Act? 71. On what ground can the President be impeached? 72. Which President of India, won in the second counting of votes?
1. 24th January, 1950
2. Part XVIII
3. Ninth Schedule
4. Krishna Kant
5. Home Ministry
6. Seven
7. 26th October, 1962
8. GV Mavalankar
9. 1976
10. 30 years
11. 22nd July, 1947
12. 52 seconds
13. President of India
14. 3rd April, 1952
15. 88th Amendment
16. 69th Amendment
17. Part IX (A)
18. 1946
19. 296
20.Vice-President
21. Abul Kalam Azad
22. Tenth Schedule
23. 1953, Andhra Pradesh
24. Article 19.
25. Swaran Singh Committee
26. Article 32
27. Canada
28. President of India
29. Article 43
30. Article 17
31. Parliament
32. Ireland 33. 245
34. Six years or till 65 years whichever is earlier
35. Public Accounts Committee
36. 73rd Amendment
37. Supreme Court
38. Single Transferable Vote
39. Lord Wavell
40. Prohibition 41. 1951
42. Governor 43. 31
44. Jammu and Kashmir
45. By the members of Legislative Assemblies
46. Article 72
47. JB Kriplani
48. Asaf Ali
49. Unionist Party
50. Jawaharlal Nehru
51. 5th Schedule
52. Article 25
53. Article 360
54. 31
55. 14th May, 1862, Kolkata
56. Seven
57. 1983
58. Dr. YV Reddy
59. 1946
60. Jawaharlal Nehru
61. France
62. V.V. Giri
63. HL Kania
64. 26th Amendment
65. 61st Amendment
66. Attorney General
67. Article 315
68. 26th January, 1957
69. President of India
70. Socialist, Secular and Integrity 71. Violating the Constitution 72. V V Giri
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