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INDIAN CONSTITUTION

Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic
structure.
Written v unwritten
Written Unwritten
Provisions have been codified into a single legal doc Not so the case
Enacted on a particular date Evolves with time
Constitution is supreme Parliament is supreme i.e. laws made by parliament
supersedes all previous laws
Judiciary enjoys wide powers Judiciary enjoys limited powers i.e. it can review actions
of E, but not of L
Can be rigid, flexible or a combination of both i.e. can be
amended but more than 1 body involved
Flexible
Clear distinction b/w nal & other laws No such distinction
Can be unitary or federal Necessarily unitary

Historical background
The Company Rule (1773 1858)
Regulating Act, 1773
1. Governor of Bengal was designated GG of Bengal. An executive council of 4 was created to assist him. 1
st
such
GG was Warren Hastings. Governors of Bombay and Madras were made subordinate to GG of Bengal.
2. It provided for SC at Calcutta, which was established in 1774.
3. Servants of company were prohibited to engage in any private trade.
4. Court of directors were now to report on its revenue, civil and military affairs in India.
Pitts India Act, 1784
1. CoDs could manage commercial affairs, but political affairs were to be controlled by BoC (6 commissioners for
the affairs of India, including 2 cabinet ministers). Thus it established double govt. BoC could supervise and
control all operations of military and civil govt and revenues of possessions in India (was referred as 1
st

time).
2. Govt of India was placed in the hands of Governor-General (G-G) and a council of 3. G-G could have his way
by getting support of even 1 member. Later in 1786 G-G was given the authority to overrule the council in
important matters.
3. Bombay and Madras presidencies were subordinated to Bengal in all questions of war, diplomacy and
revenues.
4. The company was allowed to retain its monopoly of Indian and Chinese trade. And its directors retained the
profitable right of appointing and dismissing officials in India. Moreover, the GoI was to carried out through
them.
Significance
1. It brought companys affairs and administration under the supreme control of govt. A new phase of
conquest of India began. India was made to serve all sections of the ruling classes of Britain.
Charter Act, 1833
1. GG of Bengal was made GG of India (William Bentick), and was given all civil and military powers. Thus for 1
st

time govt having authority over entire area possessed by India was created.
2. GG of India was given exclusive legislative powers. Bombay and Madras governors were deprived of their
legislative powers. Now laws were called Acts (earlier regulations)
3. EIC ended as a commercial body, and became a purely administrative body. territories in India were held by
company in trust for his majesty.
4. It ended the companys monopoly of tea trade and trade with China. Debt of the company was taken over by
the govt of India. The govt continued to be run by the company under the strict control of BoC.
5. Introduced a system of open competition for civil servants. But was negated.
6. Later, not by the act, the supreme authority was delegated to Governor-general-in-council. G-G having the
veto power became the de-facto ruler of India.
Charter Act, 1853
1. Legislative and executive functions of GG council were separated for the 1
st
time. A separate GGs legislative
council, later known as Indian (Central) legislative council was established. Also local representation was
introduced for the 1
st
time, and 6 new members were added to this, 4 of whom were appointed from provinces
of Madras, Bombay, Bengal and Agra.
2. Open competition for civil services
3. It extended companys rule to retain Indian territories in trust of crown, but did not provide a time
The Crown Rule (1858 1947)
GoI Act 1858
Provisions
1. It transferred the power to govern Indian from EIC to crown. Earlier directors of EIC and BoC had the power,
now power was given to Secretary of State (SoS) aided by a council. SoS was a member a cabinet.
2. Govt was to be carried as before by GG. It changed the designation of GG of India to Viceroy of India. Lord
Canning was the 1
st
viceroy. Viceroy would have an Executive council. Members would head different
department and act as advisors. Decision would be taken by majority vote, but the viceroy could overrule on
important matters.
3. Thus it ended double govt by abolishing BoC and CoD
Significance
1. With time viceroy was subordinated, and SoS controlled even the minutest details. Further SoS was
responsible to the parliament. So being controlled directly from London, Indian opinion had even less impact
on govt policy
2. industrialists, merchants, and bankers increased their influence over govt. Thus now even the pretence of
liberalism was given up.
Indian Councils Act 1861
Provisions
1. GGs council was enlarged for making laws. In this capacity it was known as Imperial Legislative Council.
However it possessed no real powers and was merely an advisory body. Any important measures had to be
discussed with prior approval of govt. It could not discuss financial or administrative matters, and had no
control over the budget. A bill had to approved by GG, and could be vetoed by the SoS.
2. It made beginning of representative institutions by associating Indians with the law making process. Viceroy
was authorised to add 6-12 members to his executive council, atleast half of which had to be non-officials,
or Indian. Thus it allowed the viceroy to add some non-official Indian members
3. It initiated the process of decentralisation by restoring legislative powers to Bombay and Madras. This policy
led to almost complete provincial autonomy by 1937
4. New LCs were established for Bengal, NWFP and Punjab
5. Portfolio system of lord canning was recognised
6. It empowered the viceroy to issue ordinances without the concurrence of lLC
Significance
1. With no real powers, Imperial legislative council was to do official work only and to give the appearance of
important matters having been passed by a legislative body.
2. Non-official Indian members were few in number, nominated by the GG, which mostly comprised princes,
zamindars, merchants, and were unrepresentative of the Indian people
Indian Councils Act / Lord Cross' Act, 1892
1. Number of additional (non-official) members in Imperial Legislative Council (ILC) and Provincial Legislative
Councils (PC) were increased, but official majority was maintained.
2. Budget could be voted upon and questions could be asked now.
3. Act provided for indirect election for non-official seats for the 1
st
time. However word election was not used.
It provided for nomination of some non-official members of (a) ILC by viceroy on recommendation of PLCs and
Bengal Chamber of Commerce (b) PLCs by governor on recommendation of local bodies
Indian Councils Act / Morley-Minto Reforms, 1909
Provisions
1. Number of elected members were increased in ILC and PLCs. It retained official majority in ILC, but allowed
PLCs to have non-official majority
2. Most of elected members were elected indirectly by PCs in case of ILC, and by municipal committees and
district boards in case of PCs. Some elected seats were reserved for landlords and capitalists. The reformed
council was still an advisory body.
3. Separate electorates were introduced, in which Muslims were grouped together in separate constituencies
from which Muslim alone could be elected. This became a potent factor in rise of communalism.
4. Powers of legislatures were enlarged. Now it could pass resolutions, ask questions and vote on separate items
in the budget
5. 1 Indian was to be appointed to the viceroys EC (Satyendra Sinha was the 1
st
in 1909)
GoI Act / Montagu-Chelmsford Reforms, 1919
Provisions at provincial level
1. Executive
a. Dyarchy It was rule by 2 i.e. the EC of governor and the ministers. Some subjects, like finance and
L&O, were called reserved and remained under direct control of governor and his EC. Others such as
education, health, LSG were called transferred and were controlled by ministers responsible to
legislatures. However in case of failure of nal machinery governor could take control of transferred
subjects. SoS and GG could interfere in reserved, but restrictively in transferred
2. Legislature
a. Provincial Legislative Councils were enlarged and majority members were to be elected
b. LCs could initiate legislation
c. Women got right to vote
Provisions at the central level
1. Executive
a. GG was to be the chief executive authority. He retained full control over reserved subjects.
b. In Viceroyss EC of 8, 3 were to be Indians
2. Legislature
a. 2 houses of Legislature (CLA, CoS) were established at the centre. However it had no control over G-G
and its EC
Significance
1. Central govt had unrestricted control over provincial govt and right to vote was severely restricted
2. INC had moved beyond such halting concessions. At its Bombay session in 1918, under Hasan Imam, it
condemned the reforms.
3. Some veteran leaders led by Surendranath Banerjee were in favour of accepting reforms, and left congress
and founded Indian Liberal Foundation. Later they were known as Liberals and played a minor role.
Simon commission report, 1930
1. It recommended abolition of dyarcy, extension of responsible govt to provinces, establishment of federation
of India and princely states, continuation of communal electorate etc.
2. To consider the recommendations 3 RTCs were held
GoI Act, 1935
Making of the
Background
1. In 1934, the idea of Constituent Assembly (CA) was put forward by MN Roy. In 1935 INC officially demanded
it to frame the of India. In 1938 JLN declared the of free India be framed. The demand was finally accepted
by govt in August Offer of 1940. Cripps came to India with a draft proposal in 1942. Finally Cabinet Missions
proposal for composition of CA was accepted.
Composition of CA
1. Seats to provinces and princely states were to be allotted in proportion of population.
2. Seats of provinces were to be decided among Muslims, Sikhs and General. Representative of each
community were to be indirectly elected by members of that community in Provincial LA. PR by STV.
3. Representatives of princely states were to be nominated by the heads.
4. Elections were held in July-Aug 1946.
Working of CA
1. CA held its 1
st
meeting in Dec, 1949. ML boycotted it. Dr Sachidanand Sinha was elected as the temporary
president. later Dr Rajendra Prasad and HC Mukherjee were elected as the president and vice president
2. JLN moved the Objectives Resolution in the Assembly. It laid down the fundamentals and philosophy of the
nal structure. It is a modified version of preamble of the present .
Independence Act
1. It made the CA fully sovereign which could repeal or alter any law made by parliament. CA was also given
(ordinary) legislative role, under GV Mavlankar. ML members withdrew from the CA of India.
2. In addition the CA ratified Indias membership of commonwealth, adopted national flag, anthem, and song. It
elected Rajendra Prasad as the 1
st
president on Jan 24, 1950.
Enactment and Commencement
1. The final draft (395 Articles, 8 schedules) was adopted by the CA on 26 Nov 1949. Some provisions pertaining
to citizenship, elections, provisional parliament, temporary provisions and short title came to effect.
2. The remaining major part came into force on Jan 26 1950, referred to as the date of commencement of the
. Date was chosen because of historical importance of being the poorna swaraj day (Jan 26 1930) following
the resolution of Lahore session (1929)
Salient Feature
Sources
1. Govt. of India Act 1935 - Administrative details, Federal System, Power of federal judiciary, Emergency power,
Public Service Commissions, Governor post
2. United Kingdom - Parliamentary form of govt, Citizenship, Law making procedure, Bicameral Legislature, Rule
of Law, Writs, CAG office
3. USA Preamble, FRs, Impeachment of SC and HC judges, Independent Judiciary, Functions of VP, JR
4. Ireland - DPSP, Nomination of RS members, Method of Presidential election
5. Canada - Federation with strong centre, Residuary powers with centre, Appointment of Governors (by centre),
Review by Supreme Court
6. Australia - Concurrent list, Freedom of trade, Joint sitting
7. Germany - Suspension of FRs during emergency
8. South Africa - Procedure for amendment, Election of members of RS
9. France Republic, fraternity in preamble
10. Russia (U.S.S.R.) - Fundamental Duties, justice in preamble
11. Japan - Procedures established by law
Preamble
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC and to 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 this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO
OURSELVES THIS CONSTITUTION.
PART I UNION & ITS TERRITORY
Art 1
1. It describes India, i.e. bharat, as a union of states
2. It also classifies the territory of India into state, UTs, acquired territories
Union of states
1. It signifies that, unlike a federation, India is not a result of agreement between states and no state can secede
from it.
2. Territory of India is a wider term than union of India, as union includes only the states. Thus the states are
members of federal system. UTs & acquired territories are administered directly by centre
Art 2
1. It empowers the president to admit existing states or establish new states into UoI, on such terms and
conditions as it thinks fit. The admission and establishment of states here relate to those states which are not
a part of UoI.
2. Article 3, on the other hand, relates to formation of or changes in the existing states (and UTs) of UoI. In other
words it deals with internal readjustment of the constituent states of UoI
Art 3
1. It empowers the parliament to form new states or UTs by all possible combinations of states, UTs, or both. A
part of state/UT can also be used.
2. It also empowers the parliament to alter area, boundary, name of any state
3. Bill for the purpose of above changes shall be introduced only after recommendation of president, which will
be after it has been referred to the concerned state legislature to take its views. Views are not binding. No
reference is needed in case of UTs
4. Thus India is an indestructible union of destructible states, unlike America which is indestructible union of
indestructible states
Art 4
1. Laws made u/a 2 & 3 will not be considered as a CAA
Evolution of states & UTs
Integration of princely states
1. After the integration of Hyderabad, junagarh and Kashmir, contained a 4 fold classification of states Part
A (9 erstwhile governors provinces of British India), Part B (9 erstwhile princely states with legislatures), Part
C (erstwhile chief commissioners provinces of British India & some princely states), Part D (A&N islands)
Dhar commission & JVP committee
1. Dec, 1948 - The linguistic provinces commission under SK Dhar recommended administrative convenience,
and rejected language, as the basis of reorganisation of states
2. Apr, 1949 JVP committee consisting of Nehru, Patel, Pattabhi Sitarammaya again rejected language as the
basis of reorganisation
3. Oct, 1953 Govt was forced to create the 1
st
linguistic state known as Andhra State
Fazl ali commission
1. The creation of Andhra state intensified the demand from other states & thus the govt created another state
reorganisation commission
2. In its report in September, 1955, it broadly accepted language as the basis of reorganisation. But rejected the
theory of one language one state. Its view was that unity of India should be given prime importance in
reorganisation.
3. By states reorganisation act, 1956 and 7
th
CAA, 14 states & 6 UTs were created
PART II CITIZENSHIP
2 kinds of people
1. There are 2 kinds of people citizens & aliens
2. Enemy aliens, compared to friendly aliens, do not enjoy protection against detention & arrest u/a 22
3. Following rights are given to citizens, but denied to aliens Art 15, 16, 19, 29, 30, right to vote in elections of
LS and SLA, right to become an MP/MLA/MLC, eligibility to hold office of president, VP, judge of SC and HC,
attorney and advocate general. Citizens also have certain duties. In India a naturalised citizen is eligible to the
office of president, whereas in USA he is not.
nal provisions
1. provides citizenship rights for people born before 26
th
Jan, 1950 & it confers unfettered power on the
parliament to bring out a legislation which will govern citizenship rights of those born on or after 26
th
Jan, 1950
Types of citizenship (citizenship act, 1955)
1. By birth - If one is born in India and 1 parent is Indian.
2. By descent - It covers persons born outside India, provided 1 or both parents are Indians at the time of their
birth. The birth has to be registered in embassy of India. Descent citizenship is as of right.
3. By registration - Even if parents are not Indians, one can become an Indian citizen by registration provided the
person has lived in India for 7 yrs prior to his registration. Also he should be one of the following (a) PIO (b)
Persons married to Indian citizens (c) Minor children of Indian parents (who became Indian citizens after the
childs birth.) (d) Persons whose parents are registered as citizens (e) Persons whose either parent was a
citizen. OCIs can register if they have 5 year standing with 1 year residence in India before applying.
4. By naturalization: If a person has resided in India for 12 years before applying
5. By incorporation of a territory: If India acquires some new territory then those people will be given a choice.
Loss of citizenship (citizenship act, 1955)
1. By renunciation If a person acquires citizenship of other country & renounces his Indian citizenship. In the
case every minor child also loses citizenship
2. By termination If a person voluntarily acquires citizenship of another country & does not renounce, then GoI
can terminate
3. By deprivation Central govt can terminate on certain grounds such as misrepresentation or concealment of
facts. This is applicable only to naturalized citizens (by registration, by naturalization)
Overseas Citizens of India
1. GoI appointed the LH Singhvi committee in 2000 to inquire into the matter of granting citizenship to PIOs. As
per the recommendations OCI was created in 2003 by amending the citizenship act, 1955
2. Under the scheme PIOs living in any part of the world except in Pak & Bangladesh are eligible to apply for OCI.
But OCI is also available to people other than PIOs.
Benefits
1. Can travel to India without visa, will get a travel document similar to passport.
2. Parity w.r.t. NRIs in economic, financial and educational fields
3. Property and investment in India will get domestic treatment.
Limitations
1. Can't - hold a nal office / vote / contest any election.
2. Doesn't get equality in treatment under Art 16 for public offices.
PIO OCI
Criteria (a) they held an Indian passport at some time, or (b) their
lineage can traced upto 3 generations (either of which were born in
India & were permanent resident according to GoI act, 1935). But
they should not be a citizen of Pakistan, Bangladesh, Afghan,
Bhutan, Nepal, China, SL
Criteria (a) they were eligible to become
citizens on 26
th
Jan, 1950 or they were
citizens on or after this date, or (b) children &
grandchildren of such parents
No registration is required if stay < 180 days No registration required at all
PIO card issued for 15 yrs (visa free travel) Lifelong visa free travel
Parity with NRIs in all economic, financial & educational fields
except for acquiring agricultural property
Same

PART III FRs
General
Significance & criticism
Theory of separation of powers
1. It was proposed by French philosopher Montesquieu. It proposed that there be 3 departments of govt (E, L, J)
which will be separated from each other. Such separation will be watertight so that (a) there is no
concentration of power within 1 organ (b) individual liberties are safeguarded.
2. US was the 1
st
written to adopt TSP. Since US provides for a presidential system, TSP was incorporated
fully. However the provided for doctrine of checks & balances because of which the separation was not
watertight.
3. Indian incorporates TSP explicitly u/a 50 & implicitly under part V & VI. To implement Art 50 govt enacted
the CrPC 1973 which separated the E from J by taking away the judicial powers of district magistrate. However
since Indian provides for a parliamentary system, TSP has been incorporated partially in the sense that E &
L are not separated. Further the incorporation has been modified in the sense that DofC&Bs is also there in
Indian
4. Underscoring the importance of TSP in a democratic setup, SC ruled that TSP is a part of basic structure of
Doctrine of checks & balances
1. The concept originated in the US . It means that 1 organ of the govt can exercise control over the other 2
organs to limit their power within their nal authority.
2. SC in kanadasan vs SoTN, 1996 case ruled that the Indian incorporates in itself this doctrine.
Art 12 Definition of state
Judicial review
1. JR is the powers of higher courts (SC and HCs) to declare a law unnal and void if it is inconsistent with any of
the provisions of , to the extent of such inconsistency
2. The courts while declaring a law as invalid, do not suggest improvements or alternatives. It is left to the state
to take necessary steps. JR is available against both L and E. It is applied against the states (and not individuals)
action
3. As a concept it originated under the US . JR w.r.t to FRs is conferred explicitly in Art 13(2). For other nal
provisions JR is found implicitly under the writ jurisdiction of SC and HC.
4. Conditions while applying JR (a) If a law is capable of 2 interpretations, one which validates the law and
second which invalidates it, then court will give effect to the 1
st
one and uphold the validity of law (b) However
if there is only 1 interpretation which clashes with the , then court will declare the law as unnal and void
(c) Ordinarily, court will not pronounce on the validity of law with pending legal enforcement (d) Ordinarily
the court shall not apply JR suo moto.
5. SC in 1973 held JR to be a part of the basic structure of the .
Amendability of FRs
Art 13(2)
1. It says the state shall make no laws that takes away or abridges one or more FRs. If done so, the law will be
declared unnal
Shankari Prasad v UoI, 1951
1. The court ruled that the legislature enjoyed 2 types of law making powers (a) ordinary L.P. under which the
legislation made is law & comes under scope of Art 13(2). (b) Constituent L.P. under which the legislation is
CAA & outside the scope of Art 13(2). Thus parliament can amend any part of the , including FRs, by way of
a CAA
2. The court maintained its progressive interpretation until the Sajjan Singh case (1965)
Golaknath v S of Punjab, 1967
1. The court overruled its earlier decisions & ruled that Art 368 only provided the procedure, and not the power,
to amend. Thus parliament enjoyed only O.L.P & cannot amend FRs
2. Moreover FRs have been given a transcendental position by the , which no authority functioning under the
can amend
24
th
CAA, 1971
1. Govt amended Art 13 & 368, and gave itself the power to amend the u/a 368 with the provision that
nothing under Art 13(2) shall be applicable to an amendment made u/a 368
Keshavananda bhArti v S of kerala, 1973
1. Court upheld the validity of 24
th
CAA & stated that parliament can amend any part of the , including FRs.
However the power is limited to the extent of not destroying the basic structure of . Basic structure can
defined as those parts of the , without which would lose its basic character.
2. SC did not define basic structure, but it has indicated it in a no of cases since 1973. It includes sovereign nature
of state, secularism, balance of powers, TSP, free and fair elections, RoL, JR etc.
42
nd
CAA, 1976
1. The govt responded by inserting clause 4 & 5 in Art 368, which said that a CAA cannot be challenged in any
court & amending powers of the parliament are unlimited.
Minerva mills v UoI, 1980
1. The court held clauses 4 & 5 to be unnal & void on the grounds that they took away the powers of JR &
disturbed the balance among the organs of govt, which are a part of the basic structure of .
2. So the present position is that parliament can amend any part of the without disturbing the basic structure
of . This will continue unless the court overrules its decision in keshavananda bhArti case by a bench > than
a 13 judge bench
Right to equality (Art 14-18)
Art 14
1. The state shall not deny to any person equality before law or equal protection of laws within the territory of
India.
Equality before law
1. The concept originated in England. It is a negative concept in the sense that, no special privilege will be given
to anyone in the eyes of law.
2. It includes in itself the concept of rule of law, which has the following 3 elements
a. Absence of arbitrary power, that is, no man can be punished except for the breach of law
b. Equality before law, i.e., equal subjection of all citizens (rich/poor, high/low, official/unofficial) to
ordinary law of land administered by ordinary law courts.
c. The primacy of the rights of the individual, i.e., is a result of ordinary law of the country. However
this stands modified in India where is the supreme law of the land.
d. SC held that Rule of law as embodied in Art 14 is a basic feature of the
3. Exceptions
a. Immunities conferred on President / Governor
b. No MP/MLA/MLC shall be liable for proceeding in any court for anything said or any vote given in the
legislature or any committee (Art 105 & 194)
c. Art 31-C
d. Diplomatic immunity
Equal protection of laws
1. It is a positive concept which says that people in equal circumstances be treated equally i.e. like should be
treated alike.
2. However where equals and unequals are treated differently Art 14 does not apply. While it forbids class
legislation, it permits reasonable classification of persons, objects and transactions by law. That means the
classification should be proportionate, scientific, rational (i.e. people in the group satisfy the property and not
in the group don't satisfy) and directly linked to the objective
Art 15 No discrimination
15 (1) State shall not discriminate on basis only of rrscb (race, religion, sex, colour, place of birth).
15 (2) No state or private discrimination on basis only of rrscb with regard to access or use of public places
15(3) State can make special provisions for women and children.
15(4) State can make special provisions for socially & educationally backward classes.
15(5) Reservations in educational institutions including private whether aided or unaided (except minority unaided) for
socially & educationally backward classes
1. It is available only to the citizens and not to non-citizens.
2. All reservations for women are justified on the basis of Art 15(3).
3. Art 15(4) was the 1st CA Act, 1951.
4. Art 15(5) was the 93rd CA Act, 2005. Centre enacted a law in 2006 to provide 27% quota to OBCs. SC in 2008
directed the centre to exclude creamy layer of OBCs.
Art 16 Equality of opportunity in public employment
16(1) Equality of opportunity in public employment
16(2) No discrimination on basis only of rrsb, caste, descent, residence or any of these.
16(3) Residence is a valid ground of discrimination in certain categories of public employment.
16(4) Reservation in favour of backward classes if not adequately represented
16(4A) Reservation in promotions for SCs and STs ok, which are not adequately represented in service in view of state
16(4B) Carry forward rule valid for SCs & STs even if it violates 50% principle.
16(5) A law can say that office holder of a particular religious or denominational body, or member of its governing body
should belong to the particular religion
1. It is available only to the citizens and not to non-citizens.
2. Reservation u/a 16(3) is only for a temporary period
3. 50% rule states that reservation for BCs shall not exceed 50% under any circumstances
4. Art 16(4B) was added by 81
st
CAA, 2000. It allowed the unfilled seats reserved for SCs and STs to be carried
forward to the next year, even if the total reservations exceeded 50%.
Indra sawhney case (Mandal commission case) 1992
1. Court clarified that 16(4) is an enabling clause & does not confer a FR on the person to demand reservation
2. The court laid down requirements for reservation social & eco backwardness, adequate representation not
given in view of state, 50% rule, creamy layer, efficiency of administration should not be affected
3. Court also held that economic backwardness in upper classes is not a ground for reservation
4. Court held that u/a 16(4) reservation was only allowed at the entry level, thus reservation in promotions are
unnal. Parliament responded by enacting 77
th
CAA, 1995 which inserted 16(4A). In Nagaraj case (2006) court
upheld the CAA but laid down the requirements of social & economic backwardness, adequate
representation not given, and efficiency of administration. The court insisted that the state shall provide
quantifiable date to support the 3 requirements.
Horizontal & vertical reservation
1. Vertical reservation is the 50% rule excluding reservations for women, war widows, physically challenged
2. Horizontal reservation is subdivision of section of backward classes provided the classification is reasonable.
SC is Muralidhar Rao case held that reservation of 4% of seats (out of 27%) in favour of socially & educationally
backward Muslims to be valid, as it was rational and not based on religion
Analysis of Art 16(4)
1. SC in the past has raised doubts that reservation on the basis of caste might perpetuate the caste itself. With
the ever expanding scheme of reservations we have digressed from our original objective of furthering the
equality of opportunity. Why the creamy layer doctrine is only for BCs & not for SC or STs? Unfortunately
neither the SC nor the parliament in interested in discussing that. Do we want equality of opportunity or do
we want to get rid of the caste system? If we want both we better show that the reservation policy is helping
in doing this.
Art 17 Abolition of untouchability
1. It abolished untouchability & forbids its practice in any form
2. SC has held that the right is available against individuals & it is nal obligation of state to take necessary
measures to protect this right
Art 18 Abolition of titles
18(1) State cannot confer titles on any individual
18(2) No citizen can receive titles from a foreign state. However can receive awards.
18(3) No foreigner in the service of state can receive any title w/o the permission of the president
18(4) No citizen or foreigner in the service of state can receiver present, emolument or office from a foreign state w/o
the permission of the president
1. States can recognise academic or military distinctions. Such distinctions are awards and not titles.
2. Art 18(3) is to ensure loyalty to the state.
3. Art 18 is declaratory in nature as it neither declares that violation of Art 18 is a punishable offence, nor the
parliament has enacted any law for this
Right to freedom (Art 19-22)
Art 19 The six freedoms
1(a) Freedom of speech and expression
1. According to SC it is a composite right & contains in itself other inferred rights. It confers the right to give
opinion openly & w/o fear of state or any individual. Citizen can choose any means of communication to
express his opinion. It also confers right to express opinion of others i.e. the freedom of press. It also confers
right to information, as info is required to express correctly the opinion of others & make informed choices
2. Subject to sovereignty and territorial integrity of India, public order, defamation, contempt of court, morality
or decency, security of state, friendly relations with foreign states, incitement to an offense.
1(b) Freedom of assembling peacefully and without arms
1. Subject to sovereignty and territorial integrity of India, public order.
1(c) Freedom of forming associations or unions or cooperative societies
1. Subject to sovereignty and territorial integrity of India, public order and morality
1(d) Freedom to move freely throughout the territory of India
1. Its purpose is to promote national feeling. It guarantees only internal freedom. External freedom is
guaranteed u/a 21
2. Subject to public interest and rights of STs.
1(e) Freedom to reside and settle in any part of the country
1. Residing is temporary, whereas settling is permanent. This freedom is intended to remove internal barriers
within the country. It is regarded as complimentary to the previous right.
2. Subject to public interest and rights of STs.
1(g) Freedom to practice any profession/occupation/trade/business
1. Subject to public interest, public sector monopoly and fulfilment of technical qualifications.
Art 20 Protection in respect to conviction of offences
20(1) No ex-post facto laws
1. It prohibits the legislature from enacting a retrospective criminal legislation. Punishment given will be
according to the law at that time only. However civil legislations can be given retrospective effect.
20(2) No double jeopardy
1. No person can be prosecuted & punished more than once for the same offence. This applies only in case of
judicial decisions. A person after being convicted can be punished for the same offence by a non-judicial body.
Also non-judicial bodies can punish for more than once for the same offence.
20(3) No self-incriminating evidence
1. Evidence can include medical tests, handwriting, signature etc. But tests such as brain mapping, polygraph,
narco-analysis on the accused & the witness done against their consent are unnal & void because of violation
of Art 20(3) and Art 21 (right to privacy).
Limitations
1. Protections are only available in criminal proceedings
2. A formal accusation has to be made before the person can claim such immunity.
Art 21 Protection of life & personal liberty
Nature & character of Art 21
1. It says that the state shall not deprive any individual of his life & personal liberty except according to procedure
established by law. It has undergone the greatest changes due to liberal interpretation provided by SC. It is
the right to live life with dignity & includes all such things like clean environment, health, privacy etc.
required for a dignified human existence.
2. Since the purpose of all other FRs is to extend quality of life, Art 21 implicitly contains all of them & is rightly
regarded as fundamental to all FRs. It is the backbone of part III & IV of the .
Evolution
1. In AK Gopalan v S of Madras, 1950, SC gave a narrow interpretation to liberty & said that liberty means
personal liberty (bodily liberty) & not full liberty. Further it said that Art 21 incorporated the procedure
established by law i.e. state can deprive life and liberty by means of law.
2. In Meneka Gandhi case, 1978 SC overruled its earlier decision & said that liberty cant be further qualified.
Therefore there is no difference b/w personal liberty & liberty. Further Art 21 incorporates PNJs, thus there is
no difference b/w procedure established by law & due process of law
Procedure established by law
1. This doctrine originated in the English . It means according to the usage & practise as laid down in statute.
2. When an E action is challenged, the court will apply 3 tests (a) Whether there is a law authorising E to deprive
individual of life & liberty (b) Whether the law is passed by a competent L (c) Whether the L followed the
procedure while enacting the law
3. Thus the court does not look into the motive behind the law & cannot rule it to be unnal for being oppressive.
Thus this doctrine depends of the good sense of L & strength of public opinion in the country
Due process of law
1. This doctrine originated in the US . In case an E action is challenged, apart from applying the above 3 tests,
court could look into the motive behind the law & declare it unnal for being unfair or unjust or oppressive.
Principles of natural justice
1. They are (a) No man shall be punished w/o being heard (b) No man shall be judge of his own case (c) An
authority shall act bonafide i.e. in good faith.
2. They are not mentioned in any official document, but are born out of the human ability to think & reason.
They are universal principles which seek to restrict arbitrary decision making, & to humanise & rationalise it.
3. According to SC these are the inherent principles of the
Euthanasia - Aruna Shanbugh Case 2011
1. SC in 2011 recognised for the 1
st
time right to die with dignity. It said that if the person is brain dead or in a
permanent vegetative state, and the doctors have lost hope of reviving him even with the most advance
medical equipment, life support systems can be withdrawn after an order from the HC, which will be given
after a bonafide & informed consent is given by the relatives.
2. However the court still held active euthanasia to be illegal, in which lethal drugs are injected to take life of the
patient. It recommended the parliament to enact a law regarding euthanasia
3. SC held sec 309 of IPC (incriminalizes suicide) to be an anachronistic law & recommended the legislature to
delete it. A person attempting suicide is in the need of help and not punishment.
4. http://www.economist.com/node/21607854/print
Santhara
1. It is a religious practise among Jains. It is a spiritual decision to abandon the body when the person feels that
life has served its purpose.
2. It has been often argued that the practise is nothing but an exercise of committing suicide. However the
supporters argue that unlike suicide which is a decision taken in haste & emotion, it is done with the full
knowledge of the person. Further it can be supported by Art 25 & 26 as well as u/a 29. So far, no law has
declared it unnal
Art 21A Right to Education
1. The state shall provide free & compulsory education to all children in the age group of 6-14 yrs in a manner as
prescribed by law.
Evolution
1. Originally the provided free & compulsory education for all children b/w 0-14 yrs u/a 45
2. SC in Unni Krishnan case, 1993 ruled that right to primary education is a FR u/a 21
3. 86
th
CAA, 2002 added Art 21A & 51-A(k) in the . The latter provided the 11
th
FD for all parents to extend
opportunities for education to their children aged b/w 6-14 yrs.
4. Right of children to free & compulsory education act, 2009 was enacted to implement Art 21(A)
RTE act, 2009 provisions & problems
a) Provisions
1. 8 yrs of elementary education to be given in an appropriate classroom in the neighbourhood
2. Admission cannot be denied for want of documents
3. State shall also ensure attendance & completion of 8 years of schooling
4. Private schools shall have 25% children from weaker sections & disadvantaged communities, whose expense
will be borne by the state
b) Problems in implementation
1. There is a lack of necessary infrastructure as well as trained teachers
2. States are against the current resource sharing formula (68:32) & are demanding full commitment from centre
3. Without providing any economic incentive, it is extremely difficult to sustain the children in school and help
them complete 8 years of schooling
4. It is said that the act is all about ensuring the right to enrolment.
Art 22 Protection against arrest & detention
If a person is arrested then he has the following rights
1. Right to be informed about the grounds of arrest
2. Right to consult & defended by a legal practitioner
3. Right to be produced before the nearest judicial magistrate in 24 hours excluding time of journey
4. Right to be released within 24 hours unless the magistrate furthers the detention
These rights are not available to enemy aliens & persons under preventive detention
Preventive detention
1. It means detention w/o trial merely on the grounds of suspicion. If not prevented the person will commit a
crime that will affect the interest of the country at large. Generally legislation regarding this is in the form of
sunset legislation
(a) Safeguards
1. A person can be detained under preventive detention only for up to 3 months. After that his case has to be
produced before an Advisory Board which shall decide if the detention is justified.
2. The person has to be informed of the grounds of his detention as soon as may be, by the detaining authority
except when it is against public interest.
3. The person must have earliest opportunity to make his case against detention
(b) Position of preventive detention in
1. Parliament has exclusive authority to make a law of preventive detention related to defence, foreign affairs &
security of India. All other matters (like public order) are in the concurrent list.
2. However no democratic country has made preventive detention as an integral part of the as has been done
by India
Right against exploitation (Art 23 & 24)
Art 23 Ban on human trafficking, begar, and similar forms of forced labour
1. Violation of the Article is a punishable offence & parliament has enacted laws for this.
2. It is available to both citizens & non-citizens
3. However state can compel both citizens and non-citizens (conscription only in case of citizens) to provide a
service in public interest. While doing so the state shall not discriminate on the basis of rrcc (race, religion,
class, caste).
Art 24 Prohibition of employment of children < 14 yrs in hazardous employment
1. The child labour (prohibition & regulation) act, 1986 declared 14 industries to be hazardous like mining,
chemical, slate, firecrackers, matchstick. And it also regulates the employment of children in non-hazardous
industries.
2. In 2009 the state banned employment of children < 14 yrs in some of the unorganized sectors like restaurants,
hotels, household industry etc.
3. In 2012 the govt proposed an amendment to the 1986 act under which employment of children < 14 yrs will
be prohibited in all industries & those b/w 14-18 yrs will be prohibited in hazardous industries. RTE act, 09 is
also expected to solve the problem of child labour.
Right to freedom of religion (Art 25-28)
Art 25 - Freedom of conscience and freedom to profess, practice and propagate a religion
Freedom of conscience
1. It is absolute inner freedom to mould ones religious beliefs w/o any external intervention.
2. It also includes freedom from religion i.e. right to be an agnostic or an atheist
Freedom to profess
1. Declaration of ones religious beliefs openly & freely
Freedom to practice
1. Performance of religious worship, rituals, ceremonies & exhibition of beliefs & ideas in the form of symbols,
colours etc.
Freedom to propagate
1. It included spreading of religious beliefs & explaining the basic tenets of ones religion
2. However it does not include the right to forcibly convert another person to ones religion, as this impinges the
on the freedom of conscience
Limitations
1. State cannot interfere with religious belief or faith, but can impose restriction on religious conduct & practise
on grounds of public order, morality, health & other provisions of part III
2. Regulations can be made by state on any secular activity which may be associated with a religious practice
3. However it is available to both citizens & non-citizens
Art 26 Freedom to manage religious affairs
It protects the collective freedom of religion. Subject to public order, morality and health, religious denominations
have the
1. Right to establish & maintain institutions for religious & charitable purposes
2. Right to manage its own affairs in matter of religion
3. Right own & acquire movable or immovable property & administer it according to the law
A religious denomination, according to SC, is
1. a collection of individuals having a system of beliefs (doctrine), a common organisation & a distinctive name
Art 27 - State shall not use public funds for the promotion and maintenance of a particular religion
1. State is prohibited from patronizing any one religion. But it can patronize all the religions without any
discrimination
2. It is said that Art 27 truly reflects the secular character of Indian state
Art 28 Religious education in schools
1. No religious education can be given in schools owned & maintained wholly by the state
2. Religious education can be imparted on a voluntary basis in schools that either receive aid or are recognised
by the state
3. Compulsory religious education can be imparted in schools established by religious endowments or charitable
trusts, but administered by the state.
Cultural & educational rights (Art 29 & 30)
Art 29 - Protection of interests of minorities
1. Any section of citizens inside India having a distinct language, script or culture of its own shall have the right
to conserve the same. This provision underlines the importance of unity in diversity
2. 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, language or any of them
Art 30
1. All minorities (religious of linguistic) have right to establish & administer educational institutions of their own
choice. Thus by giving this right recognises that to safeguard the minority character of a community
establishing education institutions is necessary.
2. Art 30(1A) - The compensation given by state while acquiring their property should be such that it does not
restrict or abrogate the above right
3. While granting aid state shall not discriminate any educational institution on the grounds that it is managed
by a minority community
Minority community is recognised by the state if
1. It is a non-dominant community in general population
2. It has a distinct well established identity of its own that is clearly recognised by the society
3. It has willingness to maintain a separate identity
Rights enjoyed exclusively by minority educational institutions
1. Art 30(1A)
2. Reservations made u/a 15(5) in favour of BCs in educational institutions does not apply to unaided MEI.
3. They have the right to reserve 50% for students coming from its own community.
4. MEIs which nether seek recognition nor aid from the state, are free to following their own admission
procedure provided it is merit based & transparent
5. However if the institutions ignores the interest of their community they can be stripped of the MEI status
Saving of certain laws (Art 31A, 31B, 31C)
Art 31: Right to property
Evolution
1. Initially right to property was a FR, subject only to - (a) reasonable restrictions to serve emergencies of public
welfare (b) reasonable restrictions to serve welfare of STs. No person could be deprived of his property except
according to law and such an acquisition could be made only - (a) for public purpose and (b) after paying
compensation.
2. The court held the word 'compensation' to mean full compensation (market value) which necessitated 4th
CAA, 1955 which clearly specified that the adequacy of such compensation shall not be challengeable before
court. The govt thought it would be unviable to undertake development if every piece of land nationalised has
to be paid at the market value. But court continued to maintain an adverse position.
3. By 25th CA Act, 1971 the word 'compensation' was replaced by the word 'amount'. But in Keshavananda bhArti
case the court again held that such an amount can't be illusionary and must be determined by a principle
which is relevant to the acquisition.
4. By successive amendments changes were introduced in Art 31 A-D by the government, to exclude the
obligation of paying compensation & push its agrarian reform agenda.
a. Art 31A was amended to state that a law made for land acquisition or temporary takeover shall be
valid even if it abridges Art 14 and 19.
b. Art 31B provides for blanket immunity to enactments placed in Schedule 9. (In 2007 SC in IR Coehlo v
SofTn, held that laws under schedule 9 are open to JR if they violated Art 14, 15, 19, 21 or the basic
structure. Originally schedule 9 contained 13 acts, while in 2013 it had 282 acts)
c. Art 31C provides for immunity for any laws made to implement DPSP in Art 39B & 39C even if they
contravene Art 14 and 19. SC crippled it saying that it took away powers of JR in cases when legislation
was in contravention to Art 14 & 19. In response to this govt enacted 42
nd
CAA, 1976 which sought to
give a blanket immunity to all laws passed to implement any DPSP. But in Minerva Mills case, SC struck
it down.
d. Art 31D has been repealed by 43rd CA Act, 1977.
5. 44th CA Act, 1978 took out the right to property altogether from Part 3 of and placed it under Art 300A.
Exceptions
1. If the property belongs to a minority educational institution.
2. If the property is personally cultivated and doesn't exceed the statutory ceiling. (Art 31A)
In both cases above, full compensation shall be paid.
Right to constitutional remedies (Art 32-35)
Art 32 Remedies for enforcement of FRs
1. A person can go directly to SC for the enforcement of FRs
2. Further SC has the power to issue writs to enforce FRs
3. Parliament can give above powers to any other court w/o prejudicing the powers of SC
4. Right to move to SC shall not be suspended except otherwise provided by , which has provided suspension
of FRs during national emergency
Ambedkar on Art 32
1. He referred this Article as fundamental to all FRs, as without it other FRs will be without a remedy & would
be a nullity
Writ jurisdiction of SC v HC
1. SC has the duty to enforce FRs u/a 32 since the remedy itself is a FR, while HC has no such duty u/a 226
2. SC can issue writs to enforce only FRs, while HC can do this for other legal rights also
3. Thus writ jurisdiction of HC is wider in this sense, but narrower in territorial extent
Different types of writs
1. Habeas corpus It literally means to have the body of & is issued to protect the liberty of a person who is
wrongfully (by a private org) or illegally (by a public org) detained. However physical presence of detained is
not needed is all material facts relating to the case are made available to the court. Locus standi is not
applicable i.e. it can be filed by any indv/org & not necessarily by the aggrieved party
2. Mandamus It is issued when a public official or public authority has failed to discharge their duties resulting
in the violation of legal rights of the petitioner. It literally means command & order the official or authority
to do or not to do something. It cannot be issued against president or governor. Locus standi is applicable
3. Prohibition It literally means to forbid & is issued when judicial or quasi-judicial body has taken a case in
excess or absence of jurisdiction, and it prohibits them from proceeding further. Locus standi is applicable.
4. Certiorari Similar to prohibition except that it is issued after the J/Q-J body has given judgement. Purpose is
to quash the judgement if given in excess or absence of jurisdiction
5. Quo-warranto It is issued to ensure that a person holding the public office is qualified to hold it. It has an
immediate effect of removing the person. Locus standi is not available & thus it can be filed by any individual
Art 33 Armed forces & FRs
1. It empowers the parliament to restrict or abrogate FRs of members of armed forces, para-military forces,
police forces & persons employed in intelligence agencies & in relation to communication systems for these
forces, to ensure proper discharge of their duties & maintenance of discipline among them
2. Also it empowers the parliament to exclude court martials from writ jurisdiction of SC & HC in relation to FR
3. No law under this Article can be questioned in any court on grounds of contravention to FRs
Art 34 Restriction of FRs while martial law is in force
1. Parliament can indemnify any govt servant or any other person for any act done by him in relation to
maintenance or restoration of order in any area where martial law is in force. Act of indemnity cannot be
questioned on grounds of contravention to FRs
2. Also the parliament can validate any sentence passed, punishment inflicted, forfeiture ordered or other act
done under martial law in such area
Martial law
1. It means military rule i.e. a situation when the civil administration is run by military authorities
2. It is implicitly contained in this Article & has no specific provision in the
3. It suspends the FRs, govt and ordinary law courts. However SC has ruled that it does not ipso facto leads to
suspension of habeas corpus
4. It can applied to a specific area & not the whole of country
Art 35 Effecting certain FRs
1. It gives the power to give effect to certain FRs to parliament. SL are not given the power, to maintain uniformity
w.r.t those FRs
2. Parliament shall have the power to make laws regarding (a) Prescribing residence as a condition u/a 16 (b)
Empowering other courts to issue writs u/a 32 (c) Art 33 & 34
3. Parliament shall have the power & shall make laws for prescribing punishment for those acts declared to be
offences under FRs. These are (a) Art 17 (b) Art 23
4. It should be noted that this Article gives power to parliament for certain items in state list
PART IV DPSPs (Art 36-51)
Features
1. These have been borrowed from the Irish , who further borrowed it from spanish . Along with the FRs,
they contain the philosophy of the
2. They seek to establish a welfare state rather than a regulatory state & are in the form of general directions or
instruction given to the state
3. Art 37 DPSPs are non-justiciable, but they are nevertheless fundamental in the governance of the country
and it shall be the duty of the State to apply these principles in making laws
4. They constitute a very comprehensive social, economic & administrative programme for a modern democratic
state
Socialistic principles
Art 38 To promote welfare by providing social, economic and political justice & minimising inequalities
Art 39 State shall direct its policy towards securing (a) adequate means of livelihood for all (b) equitable distribution
of material resources of the community for common good (c) prevention of concentration of wealth & means of
production (d) equal pay for equal work (e) preservation of health & strength of workers & children against abuse (f)
opportunities for healthy development of children
1. 39 (b) & (c) have been majorly implemented by land reforms
2. 39 (d) has been implemented by Equal Remuneration Act, 1976
3. 39 (e) & (f) (a) National commission for protection of child rights act (b) Measures taken u/a 23 & 24 (c)
Guidelines in MC Mehta v S of TN, 97 case Setting up of child labour rehab fund, fine of 20k, govt must find
a suitable job for 1 adult member of childs family failing which the state should deposit an additional 50k per
child
Art 39A To provide equal justice & free legal aid to the poor
1. National legal services authority act, 1977 to provide free legal aid to the poor
2. National legal literacy mission, 2005
Art 41 To secure right to work, to education and to public assistance in cases of unemployment, old age, sickness and
disablement
1. Right to work has been secured by programmes like NREGA, no of rozgar & employment programmes like
NREP, IRDP etc.
2. Currently 141 centrally sponsored schemes, out of which 8 are flagship schemes. They are under state subject,
but partially or fully implemented by centre
Art 42 To make provisions for just & humane conditions of work & maternity relief
Art 43 To secure a living wage, decent standard of life & social & cultural opportunities for all workers
Art 43A To take steps to ensure participation of workers in management of industries
Art 47 To raise the level of nutrition & standard of living & to improve public health
Gandhian principles
Art 40 - Organisation of village panchayats (73
rd
CAA, 1992)
Art 43 To improve cottage industries on an individual or cooperation basis in rural areas
1. Number of boards have been set up. E.g. all India handloom board, all India handicrafts board, silk board etc.
Art 46 To promote educational & economic interests of SCs, STs & other weaker sections & protect them from social
injustice & exploitation
Art 47 To prohibit the consumption of intoxicating drinks & drugs injurious to health
Art 48 To prohibit slaughter of cows, calves & other milch & draught cattle & to improve their breeds
Liberal intellectual principles
Art 44 Uniform civil code
Art 45 - Provision of early childhood care & education of children < 6 yrs
1. Integrated child development scheme (ICDS)
Art 48 To organise agriculture & animal husbandry on modern scientific lines
Art 48A To protect & improve the environment & safeguard forests & wildlife
1. Has been implemented via various acts related to wildlife protection & environment
Art 49 To protect monuments, places & objects or Artistic & historic interest
1. Ancient & historical & archaeological sites (declaration of national importance) act, 1951
2. Setting up of ASI
Art 50 To separate J from E
1. In 1973 CrPC was amended to away criminal cases out of district magistrates jurisdiction. However he still can
adjudicate civil cases
Art 51 To promote international peace & security & maintain just & honourable relations b/w nations; to foster
respect of international law & treaties, and to encourage settlement of international disputes by arbitration
DPSP vs FR
1. Current position is DPSP and FRs have to be read harmoniously by the court instead of giving any general
preference to DPSP.
2. Until the re Kerala Educational Bill, 1958 case, SC held that DPSP are inferior to FRs and no law implementing
DPSP but violating FR shall be constitutional. But in this case it gave the doctrine of harmonious reading i.e. FR
and DPSP complement each other and there is no inherent conflict between them. So as far as possible a
harmonious reading of both should be carried out and if 2 interpretations of a law are possible where one is
harmonious and other conflicting, the harmonious one should be given effect. But if eventually there is a
conflict, FR shall prevail.
3. Then came the 25th CA Act, 1971 which introduced Art 31C saying - (a) if there is any law enacted to give
effect to DPSP Art 39 (b) and (c) and in the process violates Art 14, 19 and 31, then it shall be valid. (b) Any law
declaring that it is to give effect to Art 39 (b) & (c) can't be questioned in a court.
4. SC in the Keshavananda case upheld the first part but struck down the second.
5. Then came 42nd CA Act 1976 which amended Art 31C to say that if state gives effect to any DPSP by enacting
a law and such a law violated Art 14, 19 or 31 then it shall be valid. In Minerva Mills case, this was struck down
as it disturbed the balance between Part 3 and 4 of the which was a basic feature.
Directive outside part IV
1. Claims of SCs and STs to services (Art 335, Part XVI) The claims of members of SCs and STs shall be taken into
consideration, consistent with the maintenance of efficiency of administration, in the making of appointments
to services and post in connection with the affairs of Union or a state
2. Instruction in mother tongue (Art 350-A, Part XVII) It shall be the endeavour of every state and authority
within it to provide adequate facilities for instruction in mother tongue at the primary stage of education to
children belonging to linguistic minority groups
3. Development of the Hindi language (Art 351, Part XVII) It shall be the duty of the union to promote the
spread of Hindi language and to develop it so that it may serve as a medium of expression for all the elements
of composite culture of India.
PART IVA FDs
Duties in the
It shall be the duty of every citizen of India
1. to abide by the and respect its ideals and institutions, the National Flag and the National Anthem;
2. to cherish and follow the noble ideals which inspired our national struggle for freedom;
3. to uphold and protect the sovereignty, unity and integrity of India;
4. to defend the country and render national service when called upon to do so;
5. to promote harmony and the spirit of common brotherhood amongst all the people of India transcending
religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of
women;
6. to value and preserve the rich heritage of our composite culture;
7. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have
compassion for living creatures;
8. to develop the scientific temper, humanism and the spirit of inquiry and reform;
9. to safeguard public property and to abjure violence;
10. to strive towards excellence in all spheres of individual and collective activity so that the nation constantly
rises to higher levels of endeavour and achievement;
11. who is a parent or guardian to provide opportunities for education to his child between age of 6-14 years
Evolution
1. They are inspired by the of erstwhile USSR. Currently no major democratic , except japan, specifically
contain a list of duties of citizens
2. On the recommendations of the Swaran Singh Committee, the 42
nd
CAA incorporated part IVA & Art 51A in
the
Verma committee on FDs (1999) observations
It identified the existence of legal provisions for the implementation of some of FDs
1. Prevention of Insults to National Honour Act (1971) prevents disrespect to , flag and Anthem
2. Criminal laws punishes for encourage enmity between different sections on grounds of rrcb etc.
3. IPC protects national integration
4. Protection of Civil Rights Act (1955) provides punishment for offences related to caste and religion
5. UAPA, 1967 declared communal organisations as unlawful
6. RPA, 51 disqualifies MPs/MSL if they get votes on ground of religion or promote enmity
7. Wildlife Protection Act (1972) and Forest Conservation Act (1980)
PART V THE UNION
The Executive Chapter I
President
Elections
1. Elected indirectly by elected members of parliament, state legislative assemblies & UTs of Delhi & Puducherry
2. To provide uniformity in scale of representation of different states & parity b/w states as a whole & union,
fixes vote values.
a. Vote value of MLA =
totuI popuIuton o] stutc
totuI no o] cIcctcd MLAs
x
1
1000

b. Vote value of MP =
totuI uIuc o] otcs o] uII MLAs
totuI no o] cIcctcd MPs

c. To win the candidate needs =
totuI no o] uId otcs poIIcd
1+1
+1
3. The election is held by a system of proportion representation by way of single transferrable vote. PR is said to
be a misnomer as only 1 person has to be elected.
4. All disputes regarding election of P & VP are inquired into & decided by SC whose decision is final
5. Takes oath in the presence of CJI
Qualifications
1. Citizen + 35 yrs + eligible to be member of LS + no office of profit
2. A sitting P/VP/Governor/Minister is not deemed to hold any office of profit & hence eligible
Conditions of presidents office
1. When elected, he is deemed to have vacated the seat (if any) of parliament or state legislature
2. No office of profit
3. Entitled to use official residence w/o rent
4. Emolument, allowances decided by parliament & cannot be diminished during the term
Immunity
1. He is not legally liable for his official acts
2. Criminal proceedings (even for personal acts) cannot be initiated during his term. He can neither be arrested
nor imprisoned.
3. Civil proceeding (for personal acts) can be initiated after giving a 2 months notice
Vacancy
1. Election shall be held within 6 months after the vacancy arises
2. P VP CJI seniormost judge of SC
3. He submits his resignation to VP
Why there is a vacancy? Who acts as president?
Expiry of term Either new, or incumbent will continue
Death, resignation, removal VP acts as
Absence, illness VP discharges
Election declared void VP

Impeachment
1. Being the highest authority president cannot be removed. He can only be impeached for the violation of
which is not defined by the
2. Impeachment is a quasi-judicial process. Any house may initiate the charge (supported by 25% members +
a 14 day notice). If passed by 2/3
rd
of total strength (toughest), it goes to the 2
nd
house which investigates the
charges. President has the right to defend himself
3. If 2
nd
also passes the resolution president stands impeached
Powers
Executive powers
1. U/a 53 executive power of the union is vested in the president
2. Makes rules for more convenient transaction of govt business
3. Appoints PM, CoM, Attorney General who hold office during his pleasure
4. Appoints CAG, UPSC & Finance Commission members & chairman, CEC, governors etc.
5. Appoints commission of SCs, STs, BCs, inter-state council
6. Administers UTs
7. Can declare any areas as scheduled area
8. U/a 78 his personal RTI
Legislative powers
1. Nominates members of LS (2) & RS (12)
2. Ordinance making power u/a 123
3. Summons, prorogues, and dissolves the parliament. Can summon joint sitting also
4. Address to the parliament, messages to the house
5. Appoint presiding officers in certain cases
6. Prior recommendation & assent to bills of parliament & in some cases of state legislature
7. Power to issue regulations in UTs
Veto powers
When a bill is presented to the president for assent, he has 3 alternatives u/a 111
1. Give assent
2. Absolute veto - Reject the bill. Can be applied to ordinary/money/financial bill. Usually it is exercised in case
of private member bill or when the cabinet resigns after the passage of the bill & new cabinet advises to
withhold assent.
3. Suspensive veto - Return the bill for reconsideration, which he shall pass if passed again by the parliament.
Can be applied to ordinary bills or financial bills u/a 117. Not in money bills
4. Pocket veto - Further prescribes no time for the president to give assent. So he may keep the bill pending
for an indefinite period
Presidential veto over state legislation
When governor reserves the bill for the consideration of the president (Art 200), president has the following option
u/a 201
1. Give or withhold assent
2. Use suspensive veto. But is not bound if legislature again passes the bill
3. Use pocket veto
4. In case on money bill the president can only give or withhold his assent. Nothing else.
Ordinance making powers
1. Provision of ordinance was borrowed from GoI act, 1935 to deal with emergent situations
2. U/a 123 president can promulgate an ordinance, when 1 or both the houses are not in session, if he is satisfied
about the necessity due to circumstance
3. Ordinance has same effect as that of an act of parliament, expect that it is temporary. It has to be approved
within 6 weeks after both houses reassemble
4. According to the rules of LS, a bill to replace the ordinance should be accompanied by a statement explaining
the circumstance
Cooper vs UoI, 1970
1. Satisfaction of the president is subject to limited JR & can be challenged on the grounds of malafide.
2. If the petitioner shall prima facie show the non-existence of circumstance, the court will shift burden of proof
on the president.
3. Further decisions taken under the ordinance will remain valid in any case.
38
th
CAA, 1975
1. Art 123 was amended to place ordinance making power beyond the scope of JR
2. However 44
th
CAA, 1978 restored the status
DC wadhwa vs State of Bihar, 1987
1. B/w 1967-81 the governor of Bihar promulgated 256 ordinances & many of them were kept alive for 1-14 yrs
by re-promulgation
2. SC said that re-promulgation w/o referring to the assembly is a fraud on the
Why undemocratic?
1. All modern democracies do not mention this power. India is perhaps the only one.
2. Also it still has a scope to be misused. Food security ordinance was promulgated just before the parliament
session
Governors ordinance making power
He has to take instructions from the president only in the following 3 cases
1. If bill would have required previous sanction of president for its introduction in SL
2. If governor would have deemed it necessary to reserve the bill for consideration of the president
3. If an act of SL containing the same provisions would have been invalid without presidents assent
Pardoning power
1. Art 72 empowers the president to grant pardons to persons who have been tried and convicted in cases where
- (a) Punishment or sentence is for offence against union law or, (b) It is by a court martial (military court) or,
(c) Death sentence
2. The objective of granting this power is (a) To keep the door open for correcting any judicial errors (b) To
afford relief from a sentence, which the president considers as unduly harsh
3. It includes (a) Pardon completely absolves the convict of all sentences, punishments and disqualifications (b)
Commutation substitutes the punishment with a lighter form (c) Remission reduces the period of sentence
without changing its character (d) Respite is awarding lesser punishment in place of one originally awarded
due to disability, pregnancy etc. (e) Reprieve implies stay of the execution of sentence (especially that of death)
to enable the convict to seep pardon or commutation
4. U/a 161 pardoning power of governor differs from the president in the sense that (a) He cannot pardon
court martials (b) He cannot pardon death sentences
5. The power is not subject to JR except when the decision of president/governor is arbitrary, irrational, mala
fide, or discriminatory.
Financial powers
1. Prior sanction to money bills
2. Contingency fund
3. Sets up state finance commission after every 5 years & can do even before 5 yrs
4. Present annual fin statement before the parliament
5. No demand of grant can be made w/o his consent
Judicial powers
1. Appointment & transfer of judges
2. Advisory reference u/a 143
3. Pardoning power u/a 72
Diplomatic powers
1. All international affairs & treaties are concluded on his behalf
2. He sends & receives diplomats
Military powers
1. He is the supreme commander of defence forces
2. Appoints chiefs of 3 forces
3. Can declare war, conclude peace
Emergency powers
Discretionary powers
1. Art 74 President can refer the advice of CoM for reconsideration
2. Art 78 The PM has the nal duty to inform the president about the affairs of the country. Correspondingly
president has the right to be informed
3. Veto Suspensive and pocket
4. Sends messages to the house
5. Art 85 Summon houses if not advised so by the CoM within a 6 months gap
6. When no party or coalition enjoys majority in LS, president can enjoy leader of that PP who in his opinion will
be able to provide a stable govt
7. President is bound to act on advice of the CoM only when they enjoy majority of LS. Thus he can keep a check
on the decisions of a caretaker govt
Vice-president
Election
1. Indirectly elected by all members of parliament
2. PR by STV
Qualification
1. Citizen + 35 yrs + eligible to be member of RS + no office of profit
Conditions of office
1. When elected, he is deemed to have vacated the seat (if any) of parliament or state legislature
2. No office of profit
Removal
1. No grounds are mentioned
2. A resolution passed by RS by effective majority & agreed to by LS. Requires 14 day notice.
Powers
1. Ex-officio chairman of RS
2. Acting as or discharging duties of president
Position
1. Modelled on the lines of American VP, but doesnt succeed the president in any case, as the American VP does
for the unexpired term
2. Thus the office was created to maintain political continuity
Prime Minister and CoM
1. Art 74
2. Art 75 collective responsibility + individual responsibility + 91
st
CAA
3. A minister who is member of one house has the right to take part in proceeding of other house
4. No legal responsibility
Art 78
1. 75(1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by
the President on the advice of the Prime Minister.
2. [(1A) The total number of Ministers, including the Prime Minister, in the Council of Ministers shall not exceed
fifteen per cent. of the total number of members of the House of the People.
3. (1B) A MP belonging to any PP who is disqualified for being a member of that House under paragraph 2 of the
Tenth Schedule shall also be disqualified to be appointed as a Minister under clause (1) for duration of the
period commencing from the date of his disqualification till the date on which the term of his office as such
member would expire or where he contests any election to either House of Parliament before the expiry of
such period, till the date on which he is declared elected, whichever is earlier.]
4. (2) The Ministers shall hold office during the pleasure of the President.
5. (3) The Council of Ministers shall be collectively responsible to the House of the People.
6. (4) Before a Minister enters upon his office, the President shall administer to him the oaths of office and of
secrecy according to the forms set out for the purpose in the Third Schedule.
7. (5) A Minister who for any period of six consecutive months is not a member of either House of Parliament
shall at the expiration of that period cease to be a Minister.
8. (6) The salaries and allowances of Ministers shall be such as Parliament may from time to time by law
determine and, until Parliament so determines, shall be as specified in the Second Schedule.
Art 77
1. All executive action of the GoI shall be expressed to be taken in the name of the President.
2. Orders and other instruments made and executed in the name of the President shall be authenticated in such
manner as may be specified in rules to be made by the President, and the validity of an order or instrument
which is so authenticated shall not be called in question on the ground that it is not an order or instrument
made or executed by the President.
3. The President shall make rules for the more convenient transaction of the business of the Government of
India, and for the allocation among Ministers of the said business.
Art 78
It shall be the duty of the Prime Minister
1. to communicate to the President all decisions of the CoM relating to the administration of the affairs of the
Union and proposals for legislation
2. to furnish such information relating to the administration of the affairs of the Union and proposals for
legislation as the President may call for
3. if the President so requires, to submit for the consideration of the CoM any matter on which a decision has
been taken by a Minister but which has not been considered by the Council
Attorney general
Refer nal bodies
Parliament Chapter II
Types of majority
1. Simple majority More than 50% of the members present & voting. Generally used in case of bills & motions
2. Absolute majority More than 50% of the total strength of the house. Legally not important, but politically
important.
3. Effective majority More than 50% of effective strength (total strength excluding vacancies) of the house.
Used in the removal of VP, Dep chairman of RC, speaker, deputy speaker
4. Special majority It is of 3 types (a) As u/a 249 & Art 312 (b) As u/a 368 (c) As u/a 61
Composition
1. It consists of president, council of states, house of people
Composition of CoS
1. States reps are elected by state MLAs. Representation varies with population.
2. Among UTs only delhi & puducherry have representation. Others are too small. As prescribed by parliament,
they have same procedure of election
3. Strength = 238 elected + 12 nominated (by president from field of science, Art, literature, social service;
governor has 1 extra option of cooperative also)
4. Elections are based on PR by means of STV
Relevance of CoS
1. It gives representation to the states
2. It is a not inferior to HoP & acts as a revisory chamber, which can give fair & balanced opinion
3. It has certain non-federal characters like UTs are represented, nominations are allowed, and states are
unequally represented
Composition of HoP
1. 530 members from states + 20 members from UTs + 2 Anglo-Indian members.
2. There shall be no reservation for minority communities.
3. Members from UTs may be chosen as prescribed by parliament, which has prescribed a direct election
4. Voting age was reduced from 21 to 18 yrs by 61
st
CAA, 1998
Comparison b/w HoP & CoS
HoP > CoS
1. Money bills, no confidence motion & motion to discontinue national emergency can be introduced only in LS
HoP = CoS
1. amendment bill, election & impeachment of president, approval of national & state emergency
HoP < CoS
1. For parliament to legislate on a state subject, creation of an all India service CoS has to pass resolution
2. Impeachment of VP can be initiated only in CoS
System of election to LS
Territorial constituencies
1. Each state is allotted seats such that
PopuIuton o] u stutc
scuts uIIottcd to stutc
is same for all the states. Population of the state
should be 60 lacs for this provision to be applied
2. Each state is divided into constituencies such that
PopuIuton o] u consttucnc
scuts uIIottcd to consttucnc
is same throughout the state
Delimitation
1. Art 82 allows the parliament by law to provide for delimitation acts. Accordingly parliament has enacted acts
in 1952, 62, 72, 2002
2. Delimitation is an exercise to redraw the boundaries of LS & SLA constituencies to maintain equitable
distribution of seats across constituencies. It is a very sensitive issue as boundary can be drawn keeping
support base in mind & thus is generally handled by a SC judge.
3. During the 1970s the southern states had largely implemented family planning measures & were having good
HDI indicators. But the northern states failed in these aspects & there population was increasing. Therefore to
prevent marginalisation of southern states, 44
th
CAA, 1976 froze delimitation, strength of LS & SLAs &
representation of state in LS till 2026, as per the 1971 census. It was expected that the population will stabilize
by 2026. Further the 87
th
CAA, 2003 provided for delimitation based on 2001 census figures. However this
should be done without altering the seats allotted to each state in LS & SLAs.
Reservation for SCs & STs
1. Seats are reserved & they are elected by all voters in a constituency
Territorial representation
1. It means that every MP represents a constituency
2. We did not adopt PR because difficult to understand for voters, instability in govt@
Duration
1. CoS is a continuous house which never dissolves. 1/3
rd
of members retire every 2 yrs.
2. HoP has a tenure of 5 yrs. It can be prematurely dissolved. It can be extended during a national emergency (1
yr at a time for any no of yrs)
3. State legislature can be extended for 1 yr at a time for a maximum of 3 yrs. J&K assembly has tenure of 6 yrs.
Membership of parliament
Qualifications
1. Citizen + subscribe to oath + 30 yrs (CoS)/25 yrs (HoP)
2. Additionally parliament requires the person to be a registered elector. Till 2003 domicile of the state, from
where the RS elections were contested, were required. This was amended in 2003 allowing the candidate to
be in electoral rolls of any constituency. Punchhi commission recommended to restore the previous position
as after all the RS member represents his state only.
Disqualifications
1. Art 102(1) For being chosen as or for being a MP
a. Office of profit. But parliament by law may specify which office of profit is exempted.
b. Unsound mind, undischarged insolvent, voluntarily acquired citizenship of another country.
2. Art 102(2) Anti defection law under schedule 10
3. Also for corrupt practises mentioned in RPA, 51
4. On disputes over disqualifications, president's decision in concurrence with EC will be final. (Art 103)
Vacating of seats
1. Double membership under RPA, 51 (a) A person elected 2 both RS & LS has to intimate his choice within 10
days, otherwise seat is RS becomes vacant (b) If a sitting member of 1 house gets elected to other house, his
seat in 1
st
house becomes vacant (c) If a person elected to 2 seats in a house does not choose 1, both seats
become vacant (d) If a person elected to both parliament & SL does not resign from SL within 14 days, seat in
parliament becomes vacant.
2. Disqualification, resignation, absence for 60 days w/o permission
3. Election declared void, or expelled by the house, or elected as P, VP, governor
Oath
1. Takes oath before the president or a person appointed by him
Presiding officers
1. Speaker/deputy speaker/deputy chairman are elected from among their respective houses. They vacate the
office if they (a) Cease to be a member of the house (b) resign (speaker writes to deputy & vice versa, deputy
chairman writes to chairman (c) removed by a resolution passed by ordinary majority of respective house with
a 14 day notice before moving the resolution
2. They all cannot vote in the 1
st
instance while presiding, but exercise a casting vote.
3. Deputies are not subordinate to the speaker or chairman, but are directly responsible to the house. They are
like any other member of the house when the speaker/chairman presides.
4. When a resolution for the removal of presiding officers is under consideration, they cannot preside over the
house, but can be a part of the proceedings. Only the speaker can vote in such cases & that too in the 1
st

instance
5. Their salaries & allowances are fixed by parliament & charged on CFI
6. Deputy speaker acts as speaker, when the speakers office is vacant or he is absent from the sitting of the
house. In addition to these cases, deputy chairman also acts as chairman, when VP acts as or discharges
functions of president.
7. Deputy speaker has a special privilege of automatically becoming the chairman of parliamentary committee
to which he is appointed
8. Panel of chairpersons of LS not more than 10 members are nominated by the speaker. One of them can
preside if both speaker & deputy are absent. However if both these offices are vacant, the president decides.
Similar is the case with panel of vice chairpersons of RS that is nominated by the chairman
Speaker
1. Decorum, final interpreter, adjourns or suspends during lack of quorum, casting vote, presides over joint
sitting, can allow for secret sitting, money bill, anti-defection law, ex-officio chairman of Indian parliamentary
group and conference of presiding officers of legislative bodies in country, and appoints chairman of all
parliamentary committees of LS. He himself is chairman of Business advisory group, rules committee, and
general purpose committee.
Leaders in parliament
1. Leader of the House - In LS it is PM or a minister member nominated by him. In RS it is minister member
nominated by PM
2. Leader of Opposition He is the leader of the largest opposition (with minimum 1/10
th
seats) in the house
3. Whip It is based on convention. He ensures attendance and secures vote of party members on a particular
issue. Members have to follow his directives.
Sessions of parliament
Summoning
1. Minimum quorum required is 1/10
th
of total membership
2. President has the nal duty to summon the houses at a max gap of 6 months
3. Conventionally there are 3 sessions budget (feb-may), monsoon (july-sep), winter (nov-dec)
Adjournment, prorogation, dissolution
1. It suspends the work of parliament for a specified time
2. Adjournment sin die suspends the work for an indefinite period
3. Prorogation terminates the whole session. It doesn't affect bills pending (Art 107) and only affects notices,
resolutions, motions etc.
4. Dissolution ends the very life of house. Bills pending in LS, passed by LS pending in RS lapse. Bills pending in RS
but not passed by LS, pending in joint sitting notified before dissolution, returned for reconsideration does not
lapse.
5. While prorogation and dissolution are done by president, adjournment is done by the speaker
Rights of ministers & attorney general
1. They have right to speak & take part in proceedings of any house, any joint sitting, any committee of which
they are member. But they are not entitled to vote.
Devices of parliamentary proceedings
Question hour
1
st
hour of every parliamentary sitting is slotted for this. Usually members ask & minister answers.
1. Starred question (*) requires an oral answer & hence, supplementary questions can follow
2. Un-starred question requires a written answer & hence, supplementary questions cannot follow
3. Short notice question is asked by giving a notice of 10 days. It is answered orally
Zero hour
1. It is an informal device to take up issues without any prior notice
2. It fills the gap b/w question hour & agenda
Motions
Only motions can be used (by any MP) to discuss issues of general public importance, with prior recommendation of
the presiding officer.
These fall into 3 categories
1. Substantive motion self-contained & independent motion dealing with an important matter
2. Substitute motion it seeks to replace the substantive motion. If adopted, it supersedes the original motion
3. Subsidiary motion it is motion that has meaning only in reference to an original motion or proceeding of
house. It may seek to modify or substitute a part of original motion.
Closure motion
1. When adopted, debate is stopped & the matter is put to vote. It can be moved by any member.
2. 4 kinds (a) Simple Closure when a member moves that matter having been sufficiently debated be put to
vote (b) Closure by Compartments is when clauses of bill or lengthy resolution are grouped in parts, debated
by parts, and entire part is put to vote (c) Kangaroo Closure is when only important clauses are taken for
debate and voting and others are skipped and taken as passed (d) Guillotine Closure is when undiscussed
clauses of bill or resolution are put to vote with discussed ones as time is over
Privilege motion
1. It is moved by a member when he feels that the minister has breached privileges by withholding or giving
wrong facts of a case. Its purpose is to censure the minister.
Calling attention motion
1. It can be moved by any member to call attention of a minister towards a matter of urgent public importance
& seek authoritative settlement from him. Like zero hour, it is also an Indian innovation
Adjournment Motion and Point of Order
1. Adjournment Motion and Point of Order are extraordinary devices because they seek to interrupt the
normal business of the House.
2. The former carries an element of censure against the CoM regarding a matter of public importance, so it
cannot be introduced in the CoS and is introduced only in the LS. Point of Order relates to the questions
regarding business of the house usually raised by the opposition. It can be introduced in any house.
Censure Motion vs No-Confidence Motion
1. While a censure motion needs to state the reason for its adoption, in case of No-confidence motion
there is no need to state the reason for its adoption.
2. A censure motion can be moved against a minister or a group of minister or entire council of
ministers while No-confidence motion can be moved against entire council of ministers only.
3. If censure motion is passed in Lok Sabha, the council of minister need not resign from the office. While
if No-confidence motion is passed, the council of ministers must res
Resolutions
1. The members can move resolutions to draw attention of the house or govt towards a matter of general public
importance.
2. All resolutions are substantive motions as they are self-contained, but they are not necessarily put to vote,
while all motions are.
Legislative procedure
Private member bill
1. It can be introduced by any MP other than a minister, with a months notice
2. It does not require previous recommendation of the president
Ordinary Bills
1. Introduction: A bill other than a money bill or financial bill may be introduced in any house. A private member's
bill has to give notice of his intention to introduce the bill and ask for the leave of the house. If the bill has
been published in the official gazette before the introduction no leave of the house is needed. Otherwise after
the introduction it may be published in the gazette.
2. After introduction: After the introduction a discussion may take place where only the principles and the
general provisions of the bill may be discussed. Amendments and clause by clause discussion doesn't take
place at this stage. Following this the sponsor member may propose a motion that - (a) The bill be taken up
for consideration. (b) The bill be referred to a select committee of the house. (c) The bill be referred to a joint
parliamentary committee. (d) The bill be circulated for eliciting public opinion.
3. Select committee report: The committee considers the provisions of the bill in detail (but not the principles
and the general provisions for they have already been debated in the house). Finally it submits a report in the
house.
4. If the motion to take the bill up for consideration is accepted, clause by clause discussion on the bill and further
amendments take place.
5. Passage in the originating house: After the amendments, debates are over, the sponsor member may move a
motion that the bill be put to vote. This is analogous to 3rd reading in House of Commons. If the bill is passed
it goes to the other house for same procedure.
6. Passage in the other house: If the other house rejects the bill or doesn't take any action for 6 months (from
the reception of the bill) or the 1
st
house rejects the amendments then the president may call for a joint sitting
(Art 108), which is resolved by a simple majority
Money Bills (Art 110)
1. A bill is a money bill if it deals with provisions only among the following:
1. Taxes.
2. Government borrowing.
3. Custody of CFI or contingency fund of India.
4. Appropriation of money out of CFI.
5. Declaration of or amendment to any expenditure to be charged on CFI.
6. Receipt of money in CFI or public account of India
2. A bill shall not be a money bill only because it imposes fines, fees etc. or changes the tax structure of local
bodies.
3. A money bill needs presidential assent to be introduced and can be introduced only in HoP.
4. Any question regarding money bill is decided by speaker & he endorses that the bill is a money bill
5. When RS receives the money bill it can accept it, reject it (deemed to be passed), do not take action for 14
days (deemed to be passed), send back with amendments (deemed to be passed in the form LS passes it the
2
nd
time). There is no provision for deadlock.
Financial Bills (Art 117)
1. Financial bill deal with fiscal matters i.e. concerning revenue & expenditure. Money bills are a type of
financial bills.
2. Financial bills - first class: They involve one of the above 6 issues but are not confined solely to them. It is
introduced similar to a money bill & its further passage is similar to that of an ordinary bill, except that the
amendment to the part involving taxation matters requires presidential recommendation. A joint sitting
may resolve the deadlock.
3. Financial bills - second class: It is an ordinary bill which contains provisions of spending from CFI, but does
not contain any matters mentioned in Art 110. It is similar to an ordinary bill except that it requires
presidential recommendation for introduction. A joint sitting may resolve the deadlock.
Joint Sittings (Art 108)
1. If the bill had been rejected by the other house or no action taken for 6 months, then the bill appearing before
the joint sitting will be the original bill + other amendments as made necessary by the delay.
2. If the bill had been amended by the other house and some of such amendments not accepted by the first
house then the bill presented before the joint sitting will be the amendments where both houses disagree +
other amendments as made necessary by the delay.
Budget
Expenditure Charged on CFI to provide financial autonomy
1. Allowances to president, speaker, deputy speaker, deputy chairman of CoS, judges of HC (only pensions) and
SC, CAG, UPSC chairman & members
2. Admin expenses of CAG, UPSC, SC including allowances of serving persons
3. Debt charges for which GoI is liable
4. Any sums required to satisfy any judgement of any court of India.
Budget Process
1. Annual financial statement: It is laid before both houses of parliament on the recommendation of the
president. It shows separately - (a) the sums required by the to be charged directly to CFI, and (b) sums
required to meet other expenditure of the government from the CFI. When the budget is presented only a
general discussion on the policies and principles may take place in both houses of the parliament. No motion
or voting is allowed at this stage.
2. Items which are required by to be directly charged upon CFI shall not be put to vote but can be discussed
by any house. After this stage, role of CoS is over.
3. Demand for grants: Items which are required to meet other expenditure are grouped together in the form of
demands of grants, receive presidential recommendation, submitted to the HoP and then put to debate and
vote. Vote on account is a grant in advance for the estimated departmental expenditure for the year before
complete sanction has been given to that expenditure.
4. Appropriation bill: No money can be withdrawn from CFI except by appropriation acts. Once demand for
grants have been accepted by the vote of HoP, an appropriation bill is drafted consisting of all demand of
grants and the money to be charged directly on CFI. This bill has to be passed or rejected by the HoP and no
amendment varying any amount can be made.
5. Annual finance bill: The taxation proposals of the budget are put together in the form of an annual finance bill
and put to vote.
6. Cut Motion: A disapproval of policy cut motion may be moved on demand for grants that the amount of
demand be reduced to Re 1/- representing disapproval of the policy underlying the demand. An economy cut
motion may be moved to reduce the amount of demand by a specified amount. A token cut motion is that the
amount of the demand be reduced by Rs. 100/- in order to raise a certain grievance
Committees
Privileges
Parliamentary committees
Parliamentary forums
Legislative powers of president Chapter III
Ordinance making power u/a 123
The Union Judiciary Chapter IV
Supreme Court
Most powerful judicial institution of the world
1. Unified judiciary with SC at apex
2. Judges appoint themselves
3. Art 142 power to pass any order untrammelled by any statutory restriction, to do complete justice
4. Art 144 all civil/judicial authorities to act in aid of SC
5. Keshavananda bharti case, 1973
6. IR Coelho vs S of TN, 2007 case
Organisation of SC
Judges
1. Sanctioned & current strength in CJI + 30 judges
2. CJI can appoint judges of HC as ad-hoc judges for a temporary period, on lack of quorum of permanent judges
3. CJI can request retired judges of SC/HC to be SC judges for temporary period
Qualifications
1. Citizen
2. He should be a distinguished jurist, or a judge in HC for 5 years, or an advocate in HC for 10 years. His
retirement age is 65 years
Appointment
1. provisions
a. For SC judge president may consult any SC or HC judge
b. For SC judge (other than CJI) president shall consult the CJI
2. Current procedure
a. The CJI is the sole authority to initiate the process of the appointment of judges to SC. President
appoints the judge on advice of CJI. CJI's opinion represents the collective opinion of the judiciary.
b. CJI forms a collegium of CJI + 4 other senior most judges of SC ( + successor to CJI if not already in the
4). The views of each member of the collegium are obtained in writing and presented to president.
c. Views of senior most judge of the SC hailing from the HC where the person recommended comes from
(if not already a member of the collegium) also have to be obtained in the writing and presented to
president.
d. The substance of the views of any other persons consulted by CJI should also be presented to president
in writing.
e. Decision is by consensus. So if 2 or more judges of the collegium disagree recommendation should not
be made & if made shall not be binding.
f. If the government rejects the recommendation, it must place all material and facts before the
collegium. The collegium considers all the facts and if it unanimously reiterates the recommendation
it has to be accepted. Such facts may be presented to the person recommended and his defence be
heard.
g. Merit is given predominance followed by seniority and representation of HC in the SC
3. Evolution of current procedure
SP Gupta v UoI, 1981 It was decided that consultation of CJI was not binding. However it should be done
completely. Rationale was that the E was accountable to the P, & J wasnt
SC A-o-R Association
v UoI, 1993
It was decided that consultation is binding. President can send back the advice of CJI,
but after the reconsideration advice will be binding. Further opinion of CJI is the
collective opinion of judiciary (CJI + 2 seniormost judges of SC) & shall have primacy.
Rationale was the E is not accountable to the parliament since under the , conduct
of SC & HC judges cannot be discussed on the floor of the legislature. Moreover J only
can judge the competency of judges
Reappointment of
judges, 1998
It was a presidential reference. Current practice is this only.

Removal
1. Judges inquiry act regulates the procedure for impeachment of an SC/HC judge.
2. A removal motion signed by 100 (LS) or 50 (RS) is given to the speaker/chairman. If admitted speaker/chairman
constitutes a 3 member committee (CJI/SC judge + CJ HC + jurist) to investigate the charges. If the committee
finds the judge guilty on grounds of proved misbehaviour or incapacity, a motion is taken up in each house.
If motion is passed by each house by a special majority ( 50% + 2/3
rd
present and voting), an address is
presented to the president, who then orders the removal
3. No judge has been impeached so far
Seat of SC
1. declares Delhi as the seat of SC
2. It also authorises the CJI to appoint other places as the seat after approval from president
Procedure (Art 145)
1. SC can make rules with permission of president
2. cases & presidential reference shall be heard by a full bench comprising of 5 judges
3. Other cases can be decided by a division bench of 2 judges
Jurisdiction of SC
Original J power to hear disputes in first instance & not by way of appeal
1. Writ J it is original but nor exclusive. Parliament can confer power on SC to issue writs for purposes other
than FR also
2. Original suites to decide on union-state disputes & inter-state disputes, except
a. Pre constitutional treaties & arrangements
b. River water disputes u/a 262
c. Matters referred to fin commission u/a 280
d. Some expenditure settlement u/a 290
Political question are excluded & decided u/a 263. It is original & exclusive jurisdiction.
3. Transfer J u/a 139A it has the power to transfer the case pending before 1 HC to another. Further a question
of law can be authoritatively settled if pending before 2 or more HCs, or SC & 1 or more HCs
4. Election J original & exclusive jurisdiction to hear disputes regarding election of P & VP
Appellate J
1. Appeals as a matter of right
a. Constitutional matters if HC certifies that case involves a substantial question regarding
interpretation of constitution which cud be decided by SC
b. Civil matter if HC certifies that case raises a substantial question of law of public importance which
cud be decided by SC
c. Criminal matters if HC (a) on appeal reverts acquittal & sentence to death/10 yrs (b) takes case from
subordinate court & sentences to death/10 yrs (c) certifies that case is fit to be appealed to SC
2. Appeals as a matter of discretion/SLP u/a 136, SC can take appeal regarding any law/order passed by any
court/tribunal, except in case of laws concerning armed forces
3. Statutory appeals if a law provides for appeal to the SC
Advisory J
1. U/a 143 president can ask for advice of SC on fact/law of public importance which may have arisen or might
arise in the future. SC may/may not give its opinion & president is not bound by the opinion. Till now 15
advisory references have been made. 15
th
was regarding 2g scam.
2. If matter pertains to exceptions in original jurisdiction than SC shall give opinion.
Review J
1. U/a 137, It is the power to review its own decisions. SC rules made u/a 145 requires the petition to be filed
within 30 days.
2. Curative petition devised by SC in rupa ashok khurra vs. ashok khurra, 02 case, is a remedy of a last resort,
which can be filed after dismissal of review petition, on the grounds of
a. Violation of PNJs
b. If judge who decided the case had some personal interest in the case
It needs to be certified by a senior advocate. Exemplary costs are imposed if found frivolous.
Court of record
1. Only SC and HC (and not a subordinate court) are courts of record. It means its judicial records are admissible
as evidence in all courts of the country (also enjoyed by subordinate courts) and it has power to punish for
contempt of itself (not enjoyed by subordinate courts). Contempt of court is meant to protect the justice but
not the judges. But its use has become debatable due to inconsistencies in its applications, intolerance of
judiciary against public criticism and because it is against the principles of natural justice.
2. Civil contempt vs criminal contempt: Civil contempt is wilful disobedience of any order / direction of the
court. Criminal contempt is an act which lowers the authority of the court or tends to interfere with its
procedure and delivery of justice.

Advocates of SC
1. Senior advocates designated as such by SC/HC because of their ability and expertise. They cannot appear in
the SC without an A-o-R
2. Advocates-on-record only they can file any matter before SC. They can also appear/argue for a party
3. Other advocates listed in state bar council. Can argue/appear for party in SC, but cannot file any matter/doc
Comptroller & Auditor-General of India Chapter V
Refer nal bodies
PART VI THE STATES
General Chapter I
State does not include J&K unless stated otherwise
The Executive Chapter II
Governor
Appointment
1. He is appointed by the president u/a 155
2. But as clarified by SC, it is an independent nal office & not subordinate to central govt
3. After 7
th
CAA, 1956 president can hand over charge of more than 1 state to the governor
Term of office
1. Holds office generally for 5 yrs, during the pleasure of the president
2. Can resign to the president
Qualification
1. Citizen + 35 years
Powers
Executive
1. u/a 154 executive power of the state is vested in the governor
2. Appoints CM, CoM, advocate general who hold office during his pleasure
3. Appoints SPSC members who can be removed only by president
4. Appoints state EC who can be removed similar to a judge of HC
5. Makes rules for more convenient transaction of govt business
6. U/a 167 his personal RTI
7. U/a 356 recommends presidents rule
8. Acts as chancellor (de-jure) of state universities & appoints vice-chancellors (de-facto)
Legislative
1. Similar to president except that he nominates 1 member to SLA from anglo Indian community & 1/6
th
to SLC
Financial
1. Similar to president
Judicial
1. Pardoning power
2. He is consulted by the president while appointing judges of HC
3. He appoints judges to subordinate courts in consultation with HC
4. He appoints persons to judicial service in consultation with HC & SPSC
Discretionary powers
1. Explicit discretion (those mentioned in the )
a. Art 163 (1) CoM to aid & advise the governor, except so far under the he is required to act in his
discretion.
b. Art 163(2) - Further in any question whether any matter is or is not the discretion under the ,
decision of the governor shall be final
c. Art 166(3) power to make rules for convenient transaction of the govt of the state
d. Art 200 right to reserve any bill for the consideration of the president
e. Art 356
f. Under convention while sending fortnightly report regarding administration of the state
g. Special powers u/a 371 subject to the directions given by the president, he is to act in his discretion
2. Implicit (situational) discretion
Special powers (Art 371)
1. Governors of Maharashtra and Gujarat have to pay special attention to development of Vidharbha and
Saurastra.
2. Governor of Nagaland & Arunachal Pradesh has special responsibility for law and order in the state.
3. Governor of Manipur has special responsibility to ensure proper functioning of committee of the LA
comprising of members from the hill areas of the state.
4. Governor of Sikkim has special responsibility for social and economic advancement of people of the state.
5. Governor of Assam has special responsibility w.r.t administration of ST areas
6. Governor of Karnataka has special responsibility to develop Hyderabad Karnataka region (98
th
CAA)
7. Governor of Telangana

The state legislature chapter III
Legislative power of the governor chapter IV
High courts chapter V
High Court
Organisation
Judges
1. CJ of HC can appoint additional judges for a temporary period if there is a temporary increase in business or
arrears of work in the HC
2. CJ of HC can request retired judge of any HC to act as a judge of HC for a temporary period
3. President can appoint acting judge in place of existing judge, if existing judge is acting as CJ or is unable to
perform his duties
Qualification
1. Citizen
2. (a) 10 years of judicial office, or (b) 10 years of advocate in HC.
3. Retirement age is 62 years.
Appointment of Judges
1. According to the , for HC judge president shall consult CJI + governor + CJI HC (for judges other than CJI)
2. Current procedure
a. The collegium constitutes CJI + 2 senior most SC judges hailing from HC in question. CJI has a veto. The
collegium takes into account the opinion of the CJ of the HC concerned (which would be entitled to
greatest weight), views of other judges of HC and SC (who are conversant with the affairs of the HC)
as deemed necessary + views of SC judges who had served in the HC concerned.
b. If the president doesn't accept the recommendations he has to give back reasons. If collegium
reiterates such a recommendation has to be accepted.
Transfer of Judges
1. For transfer of HC judge president shall consult CJI, according to the
2. The collegium consists of CJI + 4 seniormost judges of SC. They must obtain views of CJ of the 2 HCs
concerned and views of SC judges who are in a position to provide material information in the matter.
Rest all same.
3. If CJ of HC is to be transferred, then views of CJs need not be taken.
Jurisdiction
Original Jurisdiction
1. Criminal cases: CrPC, 1973 took away all original criminal jurisdiction of HCs.
2. Civil cases: Original jurisdiction only in certain cases like marriage, contempt, disputes regarding election,
FRs etc.
Writ jurisdiction
1. Original in case of FRs
2. It can issue writ outside its territory, if cause of action is inside the territory
Appellate Jurisdiction hear appeals against judgement of subordinate courts
1. Civil Cases
1. First appeal: Appeal from district/subordinate courts on questions of both law & fact (in cases of high
value).
2. Second appeal: Lies only on questions of law and procedure and not on fact.
3. Calcutta, Bombay, madras HC have provision of intra-court appeals case decided by a single judge
can be appealed to a division bench
4. Appeals from decisions of tribunals
2. Criminal Cases
1. An appeal from sessions judge where the sentence is > 7 years or certain specific matters. Death
sentence already requires HC approval before execution
2. Appeals from judicial magistrate / metropolitan magistrate in certain specified cases
Supervisory jurisdiction (Art 227)
1. For any tribunal / court lying within its territory (except military tribunals) & subjected to its appellate
jurisdiction, HC has the power of suo moto administrative & judicial superintendence
Control over subordinate courts
In addition to the appellate & supervisory jurisdiction, HC has the following control of subordinate courts
1. HC is consulted by the governor is personnel matter of district judges & appointment of persons to judicial
service
2. It deals with personnel matter of persons appointed to judicial service (other than district judges)
3. Its law is binding on all subordinate courts in its territory
4. It can withdraw important cases from subordinate courts
Subordinate courts chapter VI
Appointment
1. District judges are appointed by governor in consultation with HC. Qualification are (a) not already in service
of centre or state, (b) advocate/pleader for 7 yrs, (c) recommended by HC for appointment
2. Other judges are appointed by governor in consultation with SPSC & HC
Judicial service
1. It includes district judge & other civil judicial posts.
2. President can make the provision relating to judicial service apply to any class of magistrates in state
Structure & jurisdiction

1. District judge is highest judicial authority in the district. He possesses original & appellate jurisdiction in civil &
criminal matters. He also has supervisory power over all subordinate courts. When he deals with criminal
matters he is known as sessions judge.
2. Chief judicial magistrate tries criminal cases punishable upto 7 yrs. Subordinate courts have unlimited
jurisdiction over civil suits irrespective of amount involved
3. Munsiff courts hear civil cases involving small value. Judicial magistrate tries criminal cases punishable upto 3
yrs
4. Panchayat courts are the lowest courts having both civil as well as criminal jurisdictions (only for petty cases
in some states). Their nomenclature in different states is Nyaya Panchayat, Panchayat Adalat, Gram Kutchery.
5. In some metropolitans there are civil courts (chief judges) on the civil side & metropolitan magistrates on the
criminal side
PART VIII UTs
1. The state reorganisation act 1956 abolished the 4 fold classification of states and introduced a new 2 fold
classification of states and UTs
2. Unlike other federal countries India has a large number of UTs due to various reasons
UT REASON
Lakshwadeep, A&N islands Strategic reason
Daman & Diu, Dadra and Nagar Haveli Cultural reason Both were Portuguese colonies
NCT of Delhi and Chandigarh Political and administrative consideration
Puducherry Under indo-French agreement the people were
allowed to retain their identity at their discretion

Administration of UTs
Executive
1. Executive head - President is the administrative head of UTs. He is represented by officers designated by him.
Delhi, Puducherry, A&N islands have Lt Governor. Rest have administrators.
2. Regulations - President has the power to issue regulations (equivalent to an act of parliament) for peace,
progress and good government of all UTs except Delhi and Chandigarh. In case of Puducherry, regulations can
be issued only when the assembly is either suspended or dissolved.
3. Advisory committee President can appoint advisory committee for the UTs without a legislature. It is headed
by the home minister and include MP from the state, administrators, members from local bodies and eminent
persons. It discusses general issues relating to social and economic development of the UTs, relevance of
legislative proposals on state list items to the UTs, matters relating to budget etc.
Legislature
1. Delhi and Puducherry have legislative assembly and a CoM headed by the CM. Remaining 5 do not have such
popular political institutions. However parliament can provide by law.
2. Power of parliament to legislate on any of the 3 lists for UTs is supreme. LA of Delhi and Puducherry can
legislate on state and concurrent list. Delhi cannot legislate on public order, police and land in state list.
Judiciary
1. UTs can have HCs of their own or can be brought under the jurisdiction of nearby HCs. Presently only Delhi
has a HC of its own. Each UT has a subordinate judiciary of its own.
Special provisions for Delhi
1. Delhi was given the status of UT in 1991. A LA and a CoM was also established.
2. CoM are appointed by the president (and not Lt Governor) and their strength should be 10% of that of LA
3. CoM aid and advice the Lt Governor. In case of difference of opinion the Lt Governor is to refer the matter to
president and act accordingly. Pending such decision, he can act as he deems necessary, if in his opinion the
matter is urgent and it is necessary to take immediate action.
4. Provisions in case of failure of nal machinery - If the president, on report of Lt Governor or otherwise, is
satisfied that the administration of NCT cannot be carried according to the above provision, and for proper
administration it is necessary and expedient to do so, he may suspend some of all of above provisions, and
make certain incident and consequential provisions as he deems necessary
5. Lt Governor can promulgate and withdraw ordinances, with the prior permission of president. This can be
done when the LA is in recess, and not when it dissolved or suspended.
PART IX PANCHAYATS
Evolution
1. 73
rd
CAA, 1992 added part IX to the & also inserted eleventh schedule to the . Schedule 11 contains 29
functional items of panchayats. The act has a given a practical shape to Art 40.
nal provisions
1. 243(A) gram sabha It provides for the gram sabha, whose functions will be determined by the state
legislature. Every person 18 yrs of age is a member of the gram sabha
2. 243(B) constitution It provides for a 3 tier structure of PRIs district, intermediary, and village. However a
state having population 20 lac may not set up intermediary level
3. 243(C) composition - It provides that all members of the panchayats will be elected by direct election. However
the chairperson at the district or intermediary level shall be elected indirectly by elected members, and the
chairperson at the village level shall be elected in a manner decided by SL.
4. 243(D) reservation It provided for reservation for 33% seats for women members & chairpersons. State
shall provide reservation for SC/STs (also chairpersons) in proportion to the population. Further it can provide
reservations for other backward classes also.
5. 243(E) duration Unless dissolved a panchayat shall continue for 5 yrs. New panchayat elected after
dissolution shall continue only for the remainder of the term.
6. 243(F) disqualification A person shall be disqualified under any law made by the SL or under any law that is
time being in force during elections to the SL. The SL has defined grounds similar to the disqualification of an
MLA/MP. Also no person will be disqualified for being 25 yrs, if he is 21 yrs. Authority to resolve disputes
regarding the election shall be decided by the SL.
7. 243(G) It authorises the SL to endow powers, functions & responsibilities on the panchayats to let them
function as institutions of self govt. Such a law may contain preparation of plans or implementation of schemes
regarding social justice & economic development including the matters of schedule 11
8. 243(H) The SL by law may authorise panchayat to levy or appropriate taxes, duties, tolls, fees, or assign taxes,
duties, tolls, fees collected by SL to panchayats, or provide for grants-in-aid for CF of state, or provide for
constitution of funds for credit & withdrawal of money received.
9. 243(I) The governor of every state shall constitute a state finance commission every 5 yrs, which will
recommend regarding (1) distribution or assignment of taxes & provisions grants-in-aid (2) measures needed
to improve financial situation of panchayats (3) any matter referred by governor. The governor shall place the
report & action taken report before the SL. Also the Central FC shall also suggest measures to augment CF of
state to supplement resources to panchayats (on recommendations of SFC)
10. 243(J) SL may by law provide for maintenance & auditing of accounts by panchayats
11. 243(K) It provides for state election commission to supervise & conduct panchayat elections. State election
commissioner shall be appointed by the governor & be removed in a manner similar to that of judge of HC.
12. 243(L) The president may direct the application of provisions of this part to UTs, partly of wholly.
13. 243(M) The act does not apply to J&K, Nagaland, Mizoram, Meghalaya, hill areas of Manipur, Darjeeling
district in WB. Also it does not apply to scheduled & tribal areas, but can be extended. For this the parliament
has enacted PESA act, 1996
14. 243(N) All states to enact new laws within 1 year of the amendment act
15. 243(O) it bars the interference of courts in electoral matters of panchayats. Matters regarding delimitation
or allotment of seats to a constituency cannot be questioned in any court. Further, elections can be questioned
only by an election petition in a manner & by an authority decided by SL.
Voluntary provisions
All the above provisions are compulsory, except
1. Giving representation to MPs or MLAs or MLCs
2. Reservation of seats for BCs
3. 243(G)
4. 243(H)
PESA act
PART IXA MUNICIPALITIES
PART IXB THE CO-OPERATIVE SOCIETIES
What is a cooperative society (COSO)?
1. A co-operative society is an autonomous association of persons united voluntarily to meet their common
economic, social and cultural needs and aspirations through a jointly-owned and democratically-controlled
enterprise.
2. A co-operative society is another means for forming a legal entity to conduct business, besides forming a
company. It pools together human resources in the spirit of self and mutual help with the object of providing
services and support to members.
Constitutional provisions
97
th
CAA, 2011
1. It made the right to form COSO a FR u/a 19
2. It included a new DPSP u/a 43-B for promotion of COSOs
3. It added part IX-B in the entitled The Co-operative Societies u/a 243-ZH - 243-ZT
Reasons for 97
th
CAA
Provisions of part IX-B
1. Incorporation of COSOs SL can incorporate, regulate, wind-up COSOs based on certain principles
2. Number and term of members of board and its office bearers Number will be provided by SL. Maximum
directors 21. SL shall reserve 1 seat for SC or ST and 2 from women on board of COSO. Term 5 years. Co-
opted person 2 and without right to vote can be included.
3. Election of members of board Election shall be conducted before the expiry of term and by a body decided
by the SL
4. Supersession and suspension of board and interim management The board may be superseded or suspended
in case - of persistent default, negligence of its duties, act prejudicial to members or contrary to nal
provisions, and when elections are not held according to provisions. However this shall not be done if there is
no govt shareholding, loan or financial assistance. Otherwise also it can be done for a max period of 6 months.
Elections have to be held within 6 months in case of supersession.
5. Audit of accounts of COSOs SL can make provisions for maintenance and auditing of accounts once a financial
year. Further it can lay down minimum qualifications for auditors. Auditor shall be appointed from within a
panel approved by state govt, by the general body of COSO. Audit shall be done within 6 months of the close
of financial year. The report shall be laid before the SL.
6. Convening general body meeting SL may provide from convening within 6 months of close of financial year.
7. Right of a member to get information SL may provide for members access to book, info, accounts;
participation in management; co-operative training and management
8. Returns Every COSO shall file returns within 6 months of close of every financial year
9. Offences and penalties SL shall decide on them. Certain acts of corruption and wilful defaulting shall be
included in such a law.
10. Application to multi-state COSOs will be with the references changed to parliament, central acts and govt.
11. Application to UTs Provisions of this part shall apply to UTs, but the president may make them inapplicable
12. Continuance of existing laws Previous inconsistent law to continue until repealed/amended, or till 1 year
PART X SCHEDULED AND TRIBAL AREAS
1. Art 244
2. Art 244A provides for formation of an autonomous state comprising of certain tribal areas in Assam and
creation of local legislature and/or CoM.
Administration of scheduled areas
1. Art 244(1) states that the provision of 5
th
schedule shall apply to administration and control of scheduled areas
and STs in any state other than Assam, Meghalaya, Tripura and Mizoram.
2. Special provisions are provided as these areas are inhabited by aboriginals, who are socially and economically
backwards and special effort is needed to improve their condition
Provisions of 5
th
schedule
1. Declaration of scheduled areas President is empowered to declare. He can alter the area or boundary, cancel
the designation or make fresh orders in consultation with the governor of the state
2. Executive power of state and centre Executive power of state extends to these areas and that of centre
extends to giving direction to the state regarding their administration. Governor has to submit report
regarding administration of these areas annually or whenever required by the president.
3. Tribes advisory council Each state having scheduled areas has to establish TAC for the welfare and
advancement of STs. It is to be of 20 members, 3/4
th
of which will represent the STs in SLA. State having STs
but no scheduled areas can establish TAC, if president so directs.
4. Law applicable to scheduled areas Governor can direct that any act of parliament or SL apply with or without
modifications, or does not apply. He can make regulations for peace and good govt after consulting TAC.
Regulations repealing or amending any act of parliament or SL required presidents assent
5. The required the president to appoint a commission to report on administration of scheduled areas and
welfare of STs within 10 years of commencement of . 1
st
commission was appointed in 1960 under UN
Dhebar. 2
nd
was appointed in 2002 under Dilip Singh Bhuria.
Administration of tribal areas
1. Art 244(2) states that the provisions of 6
th
schedule shall apply to the administration of tribal areas in Assam,
Meghalaya, Tripura and Mizoram
2. The tribes in these states, as compared to other states, have not assimilated much with the life and ways of
other people in these states. They still retain their culture, customs and civilization. Thus these areas are
treated differently and a sizeable amount of autonomy has been given to them by the
Provisions of 6
th
schedule
1. The tribal areas in the 4 states have been constituted as autonomous districts. But they fall inside the executive
authority of the state concerned. If there are different tribes in an autonomous district, governor can divide it
into several autonomous regions. The governor is also empowered to organise and reorganise these districts.
That means he can alter their areas, boundaries, names etc.
2. Each such district has a district council (DC) comprising of 30 members. 4 are nominated by the governor and
26 are elected by adult franchise. The former hold office till the pleasure of the governor and the latter for 5
years (unless council is dissolved early). Each autonomous region has a separate regional council (RC).
3. DCs and RCs administer the areas under their jurisdiction. They can make laws regarding land, forests,
marriage, social customs etc. All such laws require assent of the governor.
4. DCs and RCs can constitute village councils and courts for trials of case between the tribes. Jurisdiction of HC
over these cases and suits is specified by the governor.
5. DCs and RCs are empowered to assess and collect land revenue and to impose certain specified taxes
6. DCs can establish, construct or manage primary schools, ferries, dispensaries, fisheries, roads etc. It can also
make regulations to control money lending and trading by non-tribals. Such regulations require governors
assent
7. The acts of parliament and SL either do not apply to these districts and regions, or apply with modifications
8. Governor can appoint a commission to report on any matter relating to administration of these districts and
regions. He may dissolve a DC or RC on its recommendation.
PART XI UNION STATE RELATIONS
Legislative relation chapter I
Territorial extent
1. The laws made by parliament are applicable throughout the territory of India. That of state are confined only
to the territory of state. Parliament has the power for extra territorial legislations i.e. for citizens who are
staying outside India.
2. However laws made by parliament can be inapplicable in certain UTs, scheduled and tribal areas.
Distribution of legislative subjects
1. Schedule 7 provides for union, state and concurrent list. Both centre and state can legislate on concurrent list
items, but in case of conflict central law prevails. State law can prevail only when it has received assent of the
president at a later stage.
2. In cases of overlapping, union list prevails. When concurrent and state are there, concurrent list prevails
3. The power to make laws w.r.t. residuary subjects rests with parliament.
Parliamentary legislation in state field
1. Art 249 When RS passes a resolution, supported by 2/3
rd
of the members present and voting, that to protect
the national interest parliament shall have jurisdiction to legislate on state subjects. The resolution remains in
force for 1 year and can be extended any number of times by 1 year at a time. State can continue to legislate,
but in conflict central law prevails. Central laws cease 6 months after the expiration of resolution.
2. Art 250 During national emergency
3. Art 252 When 2 or more states pass resolutions authorising the parliament to legislate on a state list item,
then parliament (only) can legislate on that subject for the concerned states. Any other state can join later.
States cannot withdraw. Parliament can only withdraw. E.g. Wildlife (protection) act, 1972
4. Art 253 To implement international agreements, parliament can legislate on a state list item. E.g. Geneva
convention act, 1962
5. Art 356 During state emergency
Centres control over state legislation
1. Art 31A State can provide for agrarian reforms, even if they violate FRs. But all such bills have to be reserved
for the president.
2. Art 31B It provided for S 9. No state legislation can be placed under it without the acceptance of parliament
3. Art 200 - Governor can reserve any bill for the consideration of president, who enjoys absolute veto over them
4. Art 288(2) SL can impose tax on water/electricity generated, sold or distributed by an authority established
by an act of parliament, but all such bills require approval of the president.
5. Bills on certain matters in state list can be introduced in state legislature on with the previous sanction of the
president. E.g. Art 304 B SL can impose reasonable restriction on trade, commerce and intercourse of the
state, but bill requires recommendation.
6. Art 360 During financial emergency, president can direct states to reserve money bills and other financial
bills for his consideration.
Doctrines
Administrative relation chapter II
Executive power
All-India services
Public service commissions
Integrated Judicial system
Relation during emergencies
Other provisions
Cooperative federalism
PART XII FINANCE, PROPERTY, CONTRACTS & SUITS
Allocation of taxing powers
1. Parliament (SL) has exclusive power for Union list (State list). Both have powers for concurrent list. Residuary
power is with the parliament.
Restriction on states
1. Taxes on professions, trades, employments should be < than 2500 per annum
2. Sales tax should not be imposed on trade outside states, import export, inter-state trade. A good declared to
be of special importance by parliament is subject to its restriction
3. No tax on electricity when centre is involved or when centre is developing railways
Distribution of tax revenues
Distribution of Non-tax revenues
1. Receipts to centre Post, telegraphs, railways, banking, broadcasting
2. Receipts to states Irrigation, forests, fisheries
Grants-in-Aid to states
1. Statutory grants For states in need and not for all states. Charged on CFI. Given on the recommendation of
the FC. Apart from general provision, provides for specific grants for STs and administration in scheduled
areas including Assam
2. Discretionary grants Can be made for any public purpose. On recommendation of PC.
PART XII TRADE, COMMERCE & INTERCOURSE
Freedom of trade, commerce and intercourse
1. Trade refers to sale and purchase of commodities (goods and services). Commerce refers to the transactions
by air, water or land with the objective of supplying commodities. Intercourse refers to free movement of
commodities, with or without commercial motive.
2. Art 301 states that, subject to other provisions of this part, TCI shall be free throughout the territory of India.
The provision is based on Australian which provided for inter-state freedom. However Indian recognises
both inter-state and intra-state freedom.
3. Art 307 empowers the parliament to appoint an authority and vest it with necessary powers and duties, to
carry out the provisions of this part. But no such authority has been appointed so far.
Restrictions
1. Parliament - Parliament can impose restrictions on the freedom in public interest. But it cannot discriminate
between or give preference to one state over another, except in case of scarcity of goods in any part of India.
2. State - State can impose reasonable restrictions on the freedom in public interest. But it cannot discriminate
between or give preference to one state over another. Further SL can impose on imported goods such tax
which is imposed on similar goods manufactured or produced in the state. This is to prevent discrimination
between local and imported goods of similar nature.
3. Public monopolies - Freedom is subject to the laws providing for monopolies concerning centre or state. That
is, citizens completely or partially can be excluded/restricted in such cases.
4. Restriction should be reasonable and are judicially reviewable.
Rule of direct and immediate test
1. SC in 1961-62 came up with a rule to test the reasonability of the restrictions.
2. It declared that any restriction which imposed a direct and immediate impediment on the freedom u/a 301 is
void. However regulatory rules and compensatory taxes are not regarded as restriction that place direct
impediment. Rather, in view of SC, they promote t&c.
Art 19(g) and Art 301
1. Art 19(g) provides a freedom from the standpoint of citizens to practise any profession, trade, business or
occupation throughout the territory of India.
2. Art 301 provides for freedom from standpoint of movement and passage of commodities, irrespective of the
individuals who are engaged. Thus the state also enjoys this right. Also it facilitates trade, commerce and
intercourse by removing inter-state and intra-state barriers.
3. Art 301 complements Art 19(g) in the sense that a citizens freedom to practise might be hampered if the
inter-state and intra-state freedom is restricted. SC has stated that on restriction of trade and commerce, an
aggrieved individual can approach the SC directly by establishing the violation of Art 19(g). Ordinarily this
happens.
PART XIV SERVICES UNDER THE UNION & STATES
CHAPTER I SERVICES
Classification of services
1. All-India services These are common to both centre and state. These include the IAS, IPS and IFS (forest).
Sardar Vallabhbhai Patel is known as the Father of AIS.
2. Central services The personnel work under the exclusive jurisdiction of the centre. They are divided into
Group A, B, C and D. Groups A & B are gazetted officers. Groups C & D are non-gazetted officers and involve
clerical and manual work respectively. IFS (foreign) is the highest central service.
3. State services The personnel work under the exclusive jurisdiction of the state. They are also divided into 4
classes or groups. Generally classes I & II come under the gazetted class. Their names are published in
government gazette for appointment, promotion, transfer etc. Further they enjoy special privileges over the
non-gazetted class. The former are officers and the latter are employees.
Constitutional provisions
1. By following the Chinese policy, civil servants (CS) in India are recruited through an open competitive exam.
Doctrine of pleasure (Art 310)
1. All CSs belonging to AIS and central services hold office during the pleasure of president. State CSs hold office
during the pleasure of governor.
2. However there is an exception to the general rule of pleasure. The president or the governor (in order to
secure the services of a person having special qualifications) has to provide for compensation in 2 cases - If
the post is abolished before the contractual period, or CS is required to vacate the post, but not for any
misconduct on his part
Safeguards to civil servants
1. Art 311 provides 2 safeguards (a) CSs cannot be dismissed/removed/reduced in rank by an authority
subordinate to one which appointed them (b) A CS can be dismissed/removed/reduced in rank shall only after
an inquiry and giving him reasonable opportunity of being heard.
2. These safeguards are available to members of AIS, CS of centre and state, persons holding civil posts under
centre or state, and not to members of defence services or persons holding military posts.
3. The 2
nd
safeguard is not available in 3 case (a) When a CS is convicted or sentenced for a criminal offence (b)
If investigating authority records in writing that it is not practically possible to hold an inquiry (c) When the
president or governor is satisfied that it is not in the national interest to hold such an inquiry
4. Prior to 42
nd
CAA, right to be heard was available during 2 stages during appointment of inquiry committee
and at the time of implementation of punishment. 42
nd
CAA removed the right at the later stage.
5. Other protections (a) UPSC/SPSC shall be consulted before a CS is dismissed/removed/reduced in rank (b)
CS are governed by Civil Services Conduct rules, 1964 (c) CS are protected by rule of law. They enjoy protection
of courts against arbitrary dismissal.
All-India Services (Art 312)
1. The parliament can create a new AIS (42
nd
CAA included AIJS) if RS passes a resolution (supported by 2/3
rd

present and voting) declaring that it is necessary or expedient in the national interest to do so. Creation of AIJS
will not deemed to be an amendment u/a 368. However AIJS has not been created till now.
2. Recruitment and conditions of service of AIS is regulated by AIS act, 1951
CHAPTER II PUBLIC SERVICE COMMISSIONS
PART XIVA TRIBUNALS
1. This part was added by 42
nd
CAA, 1976
Art 323 A Administrative Tribunals
1. It authorises the parliament (and not SL) to establish tribunals for dispute relating to service matters in public
authorities. The parliament can take out these particular disputes out from civil courts and HCs and place it
before ATs.
2. 3 fold objective (a) Relieve workload of regular courts (b) Speedy justice on service issues (c) Better safeguard
to civil service by including administrative elements in the case
3. In pursuance of Art 323A, parliament enacted Administrative Tribunals act, 1985. It provided for establishment
of 1 central administrative tribunal (CAT), state administrative tribunals (SATs) and joint administrative
tribunals (for 2 or more states)
CAT and SAT
1. CAT was set up in 1985. There are SATs in 9 states as of 2013.
2. Composition and appointment ATs are composed of a chairperson and such number of vice-chairpersons as
the government has fixed. They are appointed by the president in consultation with CJI (CAT) or governor
(SAT). Members are appointed from judicial or administrative background. Chairman should be serving or
retired judge of HC or a VC for atleast 2 years.
3. Tenure Chairman and VC are appointed for 5 years or 65 years of age. Members are appointed for 5 years
or 62 years of age.
4. Procedure followed They can adopt their own rules of procedure and are not bound by the technicalities of
CPC and rules of evidence act. Though they are guided by PNJs. Their procedure is regarded as judicial in
nature. Moreover they have the powers of civil court in certain matters like issuing of summons.
5. Jurisdiction They have original jurisdiction in service matters of central (central service, AIS, persons in civil
posts serving the union) and state government employees. However members of defence forces, officers and
servants of SC and HC, secretarial staff of parliament and legislatures of state and UTs are not covered by it.
Art 323 B Tribunal for other matters
1. It authorises parliament and SLs to provide for tribunals for other matters such as taxation, land reforms,
import export, elections etc.
2. Under Art 323B a hierarchy of tribunals can be established. There is no such question of hierarchy in tribunals
established u/a 323A.
Chandra Kumar case (1997)
1. Both the Articles provided that the decision of ATs cannot be challenged before HC and can be taken up for
appeal in SC only.
2. Judgement SC held that these two particular clauses are void as they excluded the appellate jurisdiction of
HC over tribunal decisions. Moreover (a) JR is a part of basic structure and cannot be taken away even by an
amendment (b) ATs are inferior bodies as they are statutory and cannot be compared to nal bodies like HC.
They cannot be substitute and their role is supplementary in nature.
3. Impact (a) Now ATs might not lead to reduction of cases in regular courts (b) The objective of providing
speedy justice has got nullified to a large extent (c) ATs appear to have lost their relevance as states like TN,
HP and MP wind up their ATs recently. However SATs were recently setup in HP and Assam.
PART XV ELECTIONS
PART XVI SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES (Art 330-342)
PART XVII OFFICIAL LANGUAGE (Art 343-351)
1. It contains provisions regarding language of the union, regional languages, language of Judiciary and special
directives to protect linguistic minorities and promote development of Hindi
PART XVIII EMERGENCY PROVISIONS
National emergency
Instances when invoked
1. 1962-88 On grounds of 1962 indo-china war. Was the longest.
2. 1971-77 On grounds of external aggression
3. 1975-77 On grounds of internal rebillion
Provisions
1. U/a 352 if the president is satisfied that their exists or may exist in future a situation of emergency due to war,
external aggression or armed rebellion, then he can proclaim emergency after receiving the written advice of
the cabinet
2. President can proclaim the emergency to whole or a part of India. He can even vary the proclamation
afterwards & also issue another proclamation irrespective of whether there is a proclamation already in force
or not
3. The resolution approving emergency shall be approved by both the houses within 1 month by a special
majority as u/a 368. If LS stands dissolved at that time, then reconstituted LS shall approve it within 1 month.
4. After ratification the emergency continues for a period of 6 months. Parliament can extend the emergency for
6 months at a time, any no of times.
Revocation
1. If 1/10
th
members of LS give in writing, to the speaker (if LS is in session) or president (if LS is not in session),
their intent to discontinue national emergency, then the speaker or president, as the case may be, convenes
a special session of LS.
2. In this session if the LS passes a resolution to discontinue emergency by a simple majority, president shall
revoke the emergency
Effects
1. Effect on executive state govts are not suspended, but are brought under effective control of central govt.
Central govt can issue binding directions to them, even in relation to the items in state list also.
2. Effect on legislature the distribution of powers stands suspended. Parliament assumes concurrent legislative
powers on state list items. SL continues to legislate but state laws prevail. However union law on state list
items expire 6 months after the emergency has ceased to be in operation. Also parliament can extend the life
of LS & SLAs by 1 yr at a time for any no of times, which will continue till 6 months after the emergency has
ceased to be in operation.
3. Effect on financial relations the distribution of financial resources stands suspended & centre can make use
of financial resources in any part of the country to address the grounds of the emergency. Also president can
modify the nal distribution of revenue b/w centre & states. Such an order has to be laid before both the
houses of parliament & the modification continues till the end of the financial yr.
4. Effect on FRs (a) earlier u/a 358, freedoms u/a 19 were automatically suspended for the whole emergency
period throughout the territory & all laws made & executive actions taken during the emergency did not had
a remedy after emergency ceased. The 44
th
CAA provided that Art 19 will be suspended only in case of external
emergency & such laws relating only to the emergency are protected for being challenged. (b) earlier u/a 359
all FRs could be suspended for a specified time in whole or part of India, by a presidential order & all laws
made & executive actions taken during the emergency did not had a remedy after emergency ceased. The 44
th

CAA provided that Art 20, 21 cannot be suspended u/a 359 & such laws relating only to the emergency are
protected for being challenged
5. Judicial review proclamation can be challenged on the ground of malafide or that the declaration was based
on wholly irrelevant facts or is absurd
Related nal amendments
1. 38
th
CAA, 1975 - Issue different proclamation on different grounds irrespective of any existing proclamation
2. 42
nd
CAA, 1976 - Proclaim to whole or any part of India; Proclamation immune from JR
3. 44
th
CAA 1978 - Vague term of internal disturbance was replaced by armed rebellion an armed uprising to
overthrow a lawfully elected govt; Changed oral advice to written advice, vary the proclamation, special
majority, continued parliamentary control, special session of LS, effect on FRs, JR
State emergency or Presidents rule
Provisions
1. U/a 355 it is the duty of the president to ensure that govt of state is carried out in accordance with the
provisions of . U/a 365 if the state govt fails to comply with or give effect to any direction given by the centre,
then it can be considered to be a breakdown of nal machinery
2. U/a 356 if the president is satisfied, on the report of the governor or otherwise, that the administration of
state cannot be carried out in accordance with the provisions of the , then he can take over the
administration of the state & can notify that parliament shall exercise jurisdiction over state subjects. However
he cannot take over the powers of HC.
3. Every such proclamation has to be approved by both houses of parliament within 2 months by a simple
majority. If LS is dissolved at that time, the reconstituted LS has to approve it within 1 month.
4. Such a proclamation will continue for 6 months unless approved by the parliament for another 6 months. It
can be extended beyond 1 yr if (a) NE is in operation in whole or any part of the state, and (b) ECI has certified
that it is not possible to conduct elections of the state in the present situation. It cannot be extended beyond
3 years
5. It can be revoked by the president when the situation is normal in the state
Effects
1. Effect on executive state govt is dismissed & centre takes over
2. Effect on legislature the SLA is suspended or dissolved. Its function is assumed by the parliament or it can
delegate the function to president, who generally makes laws in consultation with MPs from that state
(delegation is not allowed in case of national emergency). Laws remain effective & amendable by SL after the
emergency ceases
3. Effect on financial relations no effect
Related nal amendments
1. 42
nd
CAA it changed approval period of parliament to 1 yr
2. 44
th
CAA - it restored the approval period to 6 months; divided the 3 yr period to 1 yr of ordinary & 2 yr of
extra-ordinary
SR bommai case (1994)
1. Propositions laid down
1. Power of president is subject is subject to JR. Although the court cannot inquire into the advice
tendered by CoM, but it can apply JR on the following grounds (a) whether the decision was taken
on any material (b) whether the material was relevant (c) whether the exercise of power by the
president was malafide; in this case court can restore the status quo ante
2. Before the approval from the parliament within 2 months, president should not take any irreversible
action like dissolving the assembly
3. State govt pursuing anti-secular policies is liable to action u/a 356
4. As far as possible, union must issue a warning to the erring state and give it sufficient time to recover
5. Governor should desist from any subjective conclusion & floor test (chance to incumbent CM to prove
majority in a reasonable time) should be held
6. Failure to provide good governance and failure of law and order amounts to breakdown of
administrative machinery and not machinery and hence is not a valid ground for invoking Art 356
2. Cases of proper use
1. Art 365
2. If state govt fails to fulfil its obligation as expressed in the preamble
3. When there is not stable govt possible in the state
3. Cases of improper use
1. On grounds of mal administration/corruption/financial problems
2. When there is no prior warning given to the state
3. When, after the resigning of govt, governor recommends w/o exploring the possibility of alternative
govt
4. When no floor test is held & governor recommends on his subjective assessment
Financial emergency
1. U/a 360 president has the power to proclaim financial emergency if he is satisfied that there exists a grave
situation wherein the financial stability & credibility of the state is threatened. It has to be approved by both
the houses of parliament by a simple majority within 2 months & after that it continues till the president
revokes it.
2. It is an Indian innovation & has never been used so far
Effects
1. President can suspend distribution of financial resources with the states
2. President can issue directions to follow canons (principals) of financial propriety (sound financial conduct)
3. President can direct the governor to reserve all financial & money bills for the consideration of the president
4. President can direct the state govts to reduce salaries & allowances of civil servants & other nal functionaries
PART XIX MISCELLANEOUS
PART XX AMENDMENT TO THE -
Art 368
1. The procedure laid down is neither as easy as in Britain nor as difficult as in USA
2. U/a 368 parliament can amend any part of the w/o affecting the basic structure of
Procedure
1. A bill to amend the can be introduced in either house w/o prior recommendation of the president.
2. It has to be passed by a special majority (majority of total membership of house + majority of 2/3
rd
present &
voting) by both the houses & there is no provision of joint sitting in case of disagreement since the requirement
of special majority will be useless if joint sitting is provided.
3. In case the bill seeks to amend the federal features of the , it has to be ratified by half of SLs by a simple
majority, but with no time limit prescribed. Such features include - (a) Election of president & its manner (b)
Extent of E power of union & states (c) SC & HCs (d) Distribution of legislative powers (e) S7 (f) Representation
of states in parliament (g) Art 368 itself
4. Then the bill is presented to the president, who shall give assent to the bill
Amendments outside the scope of Art 368
1. can also be amended by a simple majority. These are not considered to be amendments u/a 368
2. These provisions include (a) Art 2 & 3 (b) S2, S5, S6 (c) Citizenship acquisition & termination (d) Elections
to parliament & SL & delimitation (e) Provisions relating to UTs
PART XXI TEMPORARY, TRANSITIONAL & SPECIAL PROVISIONS (Art 369-392)
Art 370 Temporary provisions w.r.t the state of J&K
Evolution of Art 370
1. In Aug, 1947 J&K also became independent and its rule Maharaja Hari Singh decided to remain independent.
In Oct, 1947 Azad Kashmir Forces supported by Pakistan army attacked the frontiers of the state. Under this
extraordinary circumstance state decided to accede itself to India.
2. Instrument of Accession was signed in Oct, 1947 and state surrendered 4 matters defence, external affairs,
communication, and ancillary matters to Dominion of India. India also made a commitment to let determine
the state its own and jurisdiction of India over it. It was decided that would govern the interim
arrangement until the decision of constituent assembly of the state. Accordingly Art 370 was incorporated,
which gives only temporary provisions.
Provisions
1. Parliament can make laws on those matters in Union and Concurrent list corresponding to the matters in the
Instrument of Accession. They, and any other matters in these list, have to declared by the president in
consultation with the state govt
2. Provisions of Art 1 and 370 are applicable to J&K. Other provisions of the can be applied as specified by the
president in consultation with the state govt
3. President can declare that Art 370 ceases to operate or operate with exceptions and modification, only on the
recommendation of constituent assembly of state
Present relation
1. Presidential order of 1950 and 1954
2. J&K autonomy resolution, 2000 rejected by union cabinet
3. Group of interlocutors was appointed by the central govt in 2010 under Dileep Padgaonkar
Special provisions for some states
1. These are meant to meet aspirations of people of backward regions of states or protect interests of tribals or
local people or deal with disturbed L&O. Originally the did not provide these special provisions
Art 371 Special provisions for Maharashtra and Gujarat
1. Responsibilities of the governors
Art 371A Special provisions for Nagaland
1. Act of parliament shall not apply in certain matters unless approved by the SLA
2. Responsibilities of the governor
Art 371B Special provisions for Assam
1. President is empowered to create committee of Assam LA consisting of members elected from Tribal areas
and other members which he may specify
Art 371C Special provisions for Manipur
1. President is empowered to create committee of Manipur LA consisting of members elected from Hill areas,
can give its responsibility to the governor.
2. Governor should submit annual report to president regarding administration of hill areas
3. Centre can give directions to state regarding hill administration
Art 371D Special provisions for Andhra Pradesh
1. President is empowered to provide people in different parts of state equal opportunities in matter of public
employment and education
2. Art 371E Establishment of Central University in Andhra Pradesh
Art 371F Special provisions for Sikkim
1. SLA 30 members, 1 seat in LS and Sikkim is a single constituency
2. Parliament can reserve seats in SLA to protect interests of weaker sections
3. Special responsibility of governor
4. Union law can be extended by president
Art 371G Special provisions for Mizoram
1. SLA 40 members; act of parliament not to apply in certain customary cases unless approved by SLA
Art 371H Special provisions for Arunachal Pradesh
1. SLA 30 members; special responsibility of governor ceases when president directs so
Art 371I Special provisions for Goa
1. SLA 30 members
Art 371J Special provisions for Karnataka
1. Special provision for Hyderabad-Karnataka region meant to meet is development needs
PART XXII (Art 393-395)
1. Short title
2. Commencement
3. Authoritative text in Hindi 394A by 58
th
CAA, 1987
4. Repeals
SCHEDULES
Schedule 1
1. Names of states and their territorial jurisdiction
2. Names of UTs and their extent
Schedule 2
Salaries, emoluments of
1. President, Governor
2. Speaker and Deputy, Chairman and Deputy
3. SC and HC judges
4. CAG
Schedule 3
Oaths and Affirmations of
1. Union and state ministers
Oath of office and oath of secrecy for
1. MPs and MLAs
2. Election candidates
3. SC and HC judges
4. CAG
Oath of P, VP and governor are in the
Schedule 4
Distribution of seats In RS
Schedule 5
Provisions relating to administration and control of scheduled areas and STs
Schedule 6
Provisions relating to administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram
Schedule 7
Union, State and Concurrent list Explanation of Art 246
Schedule 8
1. Scheduled languages. All states choose their language from here. Nagaland has not chosen any.
2. Initially 14. Now 22.
Schedule 9
1. Acts and regulations of SL dealing with land reforms and abolition of zamindari system, and of parliament
dealing with other matters. Was added by 1
st
CAA, 1951 to protect laws included from JR.
2. Art 31B is retrospective in nature. When a statute is declared unnal, but is later included in S9, it is
considered to be in S9 since its inception. In other words, judicial decision is nullified. However this protection
is not available to amendments done after the date of inclusion.
3. But in 2007 SC held that laws included after 24
th
Apr, 1973 are open to JR.
Schedule 10 Anti defection law
Provisions
1. The law was enacted in 1985 by 52
nd
CAA. It was enacted to check unethical political defections which
destabilized the govt. It also ensures that the candidates elected with party support & on basis on party
manifesto remain loyal to party policies & do not betray the trust of people.
2. Original provisions the law applied to all the members of central & state legislators. It sought to disqualify
them (a) if an independent member joins a PP (b) if a nominated member joins a PP after 6 months (c) if a
legislative party member resigns from his PP & joins another PP, or (d) if he defies the party whip (directions
issued by PP w.r.t. voting in the house) & his action is not condoned by the party within 15 days.
3. Exceptions (a) it allowed wholesale defection i.e. if 2/3
rd
of the legislative party member breaks away & joins
other PP (b) speaker at the central or state level was allowed to resign from his PP on taking up the office
provided he does not join any other PP & joins the same party after completion of his tenure
4. Under para 7 the authority to decide on the disqualification is with the speaker, whose decision is final &
binding.
SC judgement, 1992
1. It held that decision of the presiding officer is not final & subject to JR
2. Conformity with the directions issued by party whip in all cases amounts to disregarding the opinion of
representative member vis--vis a person who is just getting directions from the party high command. Thus
the whip is binding only in cases of (a) money bill (b) confidence & no confidence motion (c) vote of thanks
to the presidents or governors address
91
st
CAA, 2003
1. It inserted Art 75(1A) & 164(1A) & restricted the strength of CoM to 15% of the total strength of the house. It
sought to discourage the ruling party in encouraging defections.
2. It inserted Art 75(1B) & 164(1B) where an MP or MLA disqualified under the law is ineligible to hold any
ministerial post
Schedule 11
Suggestive list of items for panchayats 29 items
Schedule 12
Suggestive list of items for ULBs 18 items
Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure,
devolution of powers and finances up to local levels and challenges therein.
Separation of powers between various organs dispute redressal mechanisms and institutions.
Comparison of the Indian constitutional scheme with that of other countries
Parliament and State Legislatures - structure, functioning, conduct of business, powers & privileges and issues
arising out of these.
Structure, organization and functioning of the Executive and the Judiciary Ministries and Departments of the
Government; pressure groups and formal/informal associations and their role in the Polity.
Salient features of the Representation of Peoples Act.
Constitutional bodies
Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.
Election commission
1. Election commission is a permanent and independent body established u/a 324. It handles the elections to
the parliament, SL, president and VP. It must be noted that election to the local bodies are handled by a
separate body known as state election commission.
2. It is assisted by deputy ECs drawn from the civil service. At the state level, it is assisted by the chief electoral
officer appointed by CEC in consultation with the state govt. At district level collector acts as the returning
officer. He appoints returning officer for every constituency and presiding officer for every polling booth.
Composition
1. It will consist of a Chief election commissioner (CEC) and such number of election commissioners (ECs) as the
president may decide. Appointment, conditions of service and tenure is determined by the president
2. When any other EC is appointed, CEC shall act as the chairman of the commission
3. President may appoint regional commissioners (RCs) in consultation with the election commission to assist it
4. Since 1993 the commission consisted of CEC and 2 other ECs. They have equal powers and receive salary,
allowances similar to a judge of SC. In case of difference of opinion, matter is decided by majority
5. Tenure is 6 years or 65 years of age
Independence
1. CEC is provided with security of tenure. He can removed only in a manner similar to a judge of SC. His service
conditions cannot be varied to his disadvantage after his appointment
2. Other ECs and RCs cannot be removed except on the recommendation of CEC
Issues with independence
1. has not prescribed any qualification and term for the members of election commission.
2. has not debarred retiring ECs from any further appointment by the govt
Powers and function
1. Administrative it conducts (date and schedule), supervises and ensures free and fair elections. It scrutinises
nomination papers. It determines CoC to be followed by PPs and candidates during election. It is responsible
for delimitation. It prepares and periodically revise electoral rolls and register all eligible voters. It registers
PPs, recognises them, grants them status of national or state PPs and allot election symbols to them. It can
cancel polls in case of certain irregularities.
2. Advisory It advises the president and governor regarding disqualification of MPs and members of SL. Also it
advises the president whether the elections can be held in a state under state emergency.
3. Quasi-Judicial It acts as a court for settling disputes relating to recognition of PPs, allotment of election
symbols.
Public service commissions (Art 315-323 Chapter II Part XIV)
1. UPSC is the central recruiting agency in India. Parallel to it at the state level is SPSC.
2. also provided for establishment of Joint SPSC (JSPSC) for 2 or more states. It is a statutory body and can be
created on the request of SLs concerned. Composition is similar to SPSC, except that the members resign to
the president.
Composition of UPSC and SPSCs
1. UPSC (SPSC) consists of a chairman and other members appointed by the president (governor). Strength and
conditions of service of members and chairman is determined by the president (governor).
2. Tenure is 6 years or 65 years (62 years for SPSC)
3. Members and chairman can resign to the president (governor). They can also be removed.
4. Acting chairman is appointed by the president (governor) temporarily if (a) office of chairman falls vacant
(b) he cannot perform duties due to absence or other reasons
Removal of chairman or member
1. The president only can remove the chairman or a member under following circumstances (a) If he is adjudged
insolvent (bankrupt) (b) If, during his term, he engages in any paid employment outside duties of office (c) If
he in opinion of president is unfit to continue because of infirmity of mind or body
2. Additionally president can remove on the ground of misbehaviour. For this president has to refer the matter
to SC for an enquiry. If SC upholds the removal and advises so (advice is binding), president can remove. During
the course of enquiry, president (governor) can suspend the member
3. According to the , member will be guilty of misbehaviour if (a) he is interested or concerned in any
contract/agreement made by the govt (b) he participates in any way in benefit/profit from the contract similar
to the other members of the incorporated company
Independence
1. Security of tenure as grounds and manner of removal mentioned in the
2. Conditions of service cannot be varied to the disadvantage after appointment
3. Salaries, allowances and pensions charged on consolidated fund of India (or state)
4. Chairman are not eligible for further employment under govt of India or state. However chairman of SPSC can
be appointed as chairman or member of UPSC, or chairman of any other SPSC.
5. Members are not allowed employment in govt of India or state. However members of UPSC are eligible for
chairman of UPSC or SPSC, and members of SPSC are eligible for chairman or member of UPSC or chairman of
that or any other SPSC
6. Chairman and members are not eligible for a second term i.e. reappointment to that office
Functions
1. It conducts examination for appointments to the AIS, Central services and public services of centrally
administered territories. It assist the states in framing and operating joint recruitment schemes
2. It is consulted by the govt in matters relating to appointment, promotion and transfers of civil servants,
disciplinary matters concerning them and any other matter related to personnel management. However govt
has the final say in all these matters.
3. The jurisdiction of UPSC can be extended by an act of parliament over the personnel system of any authority,
corporate body or public institution
4. The UPSC presents its performance report annually to the president, who places it before both houses, along
with memorandum explaining cases where advice of the commission was not accepted and its reasons. All
such cases must be approved by the ACC
Limitations
1. UPSC/SPSC is not consulted while making reservations for BCs and while taking into consideration claims of
SCs and STs in making appointment to services or post
2. UPSC is not consulted with regard to chairman and member of commissions and tribunals, high diplomatic
posts and a bulk of group C and D services, with regard to temporary appointment generally < 1year.
3. President/Governor can make regulations specifying matters where it is not necessary to consult UPSC/SPSC
with regard to AIS and central services. Such regulations have to be placed before both houses within 14 days.
Parliament/SL can amend or repeal them
Role
1. UPSC/SPSC is the central/state recruiting agency, while DoPT is the central/state personnel agency.
visualises UPSC to be the watchdog of the merit system in India/state.
2. Emergence of CVC/SVC in 1964 has affected the role of UPSC/SPSC in disciplinary matters. Now both are
consulted by the govt while taking disciplinary action against a civil servant, but UPSC/SPSC being a nal body
has an edge over CVC
Finance commission
1. Art 280 provides for Finance commission as a quasi-judicial body. It is constituted by the president every 5
th

year or at such earlier time as he considers necessary. Till now, 14 finance commissions have been constituted
Composition
1. FC consists of chairman and 4 other members. They are appointed by the president, for a term he specifies,
and are eligible for reappointment
2. Parliament has laid down qualifications for the chairman and members. Chairman should be a person having
experience in public affairs. Others members have to be (a) Judge of HC or qualified to be one or, (b) Person
having specialised knowledge of finance and accounts of govt or, (c) A person having wide experience in
financial matters and in administration or, (d) A person having specialised knowledge of economics
Functions
1. FC advises the president on (a) Distribution of net proceeds of taxes between centre and states, and their
allocation between states (b) Principles governing grants to states by centre (c) Measures to augment CF of
state to supplement resources of panchayats and municipalities on recommendations of SFC (d) Any other
matter referred to it by the president
2. FC submits report to president, who lays it down before both houses along with an explanatory memorandum
on the actions taken on recommendations. Thus recommendations are advisory and not binding
Impact of planning commission
1. Setting up of PC has undermined the role of FC in centre-state fiscal relations.
National commission for SCs and STs
National commission for SCs
1. It has been directly established by Art 338. It came into existence in 2004 after 89
th
CAA, 2003 bifurcated the
combined National Commission for SCs and STs into 2 bodies. It consists of chairperson, vice-chairperson and
3 members appointed by the president. Their conditions of service and tenure is determined by the president
2. Functions (a) To investigate, monitor and evaluate the working of all legal and nal safeguards for STs (b)
Inquire into complaints (c) Participate and advise of planning of socio-economic development of SCs and
evaluate it (d) To recommend centre and state for effective implementation of provisions for SCs (e) To
discharge such functions concerning SCs as president may specify
3. It presents annual report to the president at any time, who then places it before parliament along with
memorandum on actions taken and reasons for non-acceptance. Any report pertaining to the state govt is
forwarded by the president to the governor, who follows the same process
4. Powers While investigating or inquiring, it has all the powers of a civil court trying a suit. Centre and state
are required to consult it on all major policy matters affecting SCs. It discharges same functions w.r.t OBCs and
Anglo-Indians.
National Commission of STs
1. It has been established by Art 338-A. It was separated as the problems of STs are different from STs. In 1999,
a new Ministry of Tribal Affairs was created.
2. Same composition, functions and powers as above.
3. However in 2005 president specified certain other functions to it regarding the welfare, development and
advancement of STs. Effective implementation of PESA. Prevent alienation.
Special officer for linguistic minorities
1. 7
th
CAA, 1956 inserted Art 350-B with following provision (a) There should be special officer for linguistic
minorities to be appointed by president (b) His duty is to investigate in matters relating to safeguards provided
to them. He would report to the president at intervals as the president may direct. The president will place
report before the parliament and send to state govts concerned.
Comptroller and auditor general of India (CAG)
1. Art 148 provides for the office of CAG. He is the head of Indian audit and accounts department. He is the
guardian of public purse at both levels centre and state.
2. Appointment Appointed by the president. Takes oath before him. 6 years or 65 years. Can resign to the
president or can be removed in same manner as the judge of SC.
3. Independence Fixed tenure. Not eligible for further office under centre or state. Salary and service conditions
determined by parliament. Salary is equal to judge of SC. Conditions cannot be altered to his disadvantage.
Administrative expenses of office of CAG is charged on CFI. Conditions of service of employees of Indian Audit
and Account department and admin powers of CAG are prescribed by president after consultation with CAG
4. Article 149 authorises parliament to prescribe duties and powers of CAG.
5. Art 150 CAG advises the president on how the accounts of centre and state shall be kept
6. Art 151 He submits his audit reports of accounts of centre to president or governor, who in turn places them
before both houses of parliament or SL
7. Art 279 - He certifies net proceeds (proceeds cost of collection) of any tax or duty. His certificate is final
Attorney general and Advocate general
1. Art 76 provides for the office of attorney general. He is the highest law officer of the country
2. Art 165 provides for the office of advocate general. He is the highest law officer of the state.
3. He is not a full-time counsel of the govt. he does not fall in the category of govt servant and is not debarred
from private legal practice
Appointment and term
1. He is appointed by the president (governor) and holds office during his pleasure. He may also resign to the
president (governor). He should be qualified to be appointed as the judge of SC. His term is not fixed. His
remuneration is determined by the president (governor).
Duties and functions
1. According to the , duties of AG and advocate general are (a) To give advice to GoI (govt of state) on legal
matters referred to him by the president (governor) (b) To perform such other duties of legal character
assigned to him by the president (governor) (c) To discharge functions conferred on him by or any other
law.
2. The president has assigned following duties to AG (a) To appear on behalf of GoI in SC in all cases concerning
GoI (b) To represent govt in any presidential reference u/a 143 (c) To appear in a HC (when required) in case
concerning GoI
Rights and limitations
1. Rights (a) Right to audience in all courts in territory of India (b) Right to privileges and immunities of an MP
(c) Right to speak, take part (but not vote) in proceedings of both houses or a joint sitting and parliamentary
committee of which he is named a member. These rights are available to advocate general within the state
and w.r.t the SL
2. Limitation (a) He should not advise or hold a brief against GoI and in cases where he not asked for (b) He
should not defend criminal accused without permission of GoI (c) He should not accept to be director of any
company without the permission of GoI
Solicitor general of India
1. In addition to attorney general, other law officers of GoI are solicitor general and additional solicitor general.
They assist the attorney general. They are not nal offices.
Other bodies
Statutory, regulatory and various quasi-judicial bodies
Planning Commission
1. It was established in 1950 by an executive resolution of GoI. Thus it is neither a nal body nor a statutory
body. It is a non-nal or extra-nal body. It plans for social and economic development.
2. It is only a staff agency an advisory body and has no executive responsibility.
3. Composition PM (chairman), Deputy Chairman (appointed by cabinet, cabinet rank, fixed tenure, invited to
all cabinet meeting w/o right to vote), Some central ministers as part time members (Fin Min and Plan Min
are ex-officio members), 4-7 full time expert members (rank of MoS), member-secy (usually IAS). State govt
are not represented
4. Internal organisation Technical divisions, Housekeeping branches, Programme Advisors
5. UIDAI was constituted in Jan, 2009 as an attached office under PC. Programme Evaluation Office was
established as an independent unit of PC in 1952. It undertakes assessment of developmental plans in FYP and
gives feedback to PC. It also provides tech advice to state evaluation orgs.
National Development Council
1. NDC was established in 1952 by an executive resolution of GoI. It is neither a nal nor a statutory body.
2. Composition PM (chairman), all union cabinet ministers, CMs of all states, administrators of all UTs,
Members of PC. Secy of PC acts as Secy of NDC.
3. The draft FYP prepared by PC is 1
st
submitted to union cabinet, then before NDC, and then to parliament. With
approval of parliament it becomes the official plan. Thus NDC is the highest body below parliament responsible
for policy matters of social and economic development. However it is listed as an advisory body to PC and its
recommendations are not binding. It makes recommendations to centre and state and should meet atleast
twice every year.
National Human Rights Commission
1. It is a statutory body. Protection of Human Rights Act, 1993 established it. The act was amended in 2006. It is
the watchdog of human rights in the country.
2. Composition Chairman (Retired CJI), 4 members (serving/retired judge of SC, HC, 2 persons having
knowledge or practical experience in HR), 4 ex-officio members (chairman of National commission of
Minorities, SCs, STs, Women)
3. Appointment Chairman and members are appointed by president on recommendation of a 6 member
committee (PM, home minister, speaker, Dep Chairman, LoO of RS and LS). Further sitting judge can be
appointed after consultation with CJI. Term is 5 years or 70 years and are not eligible for further appointment
under centre or state govt.
4. Removal insolvent, paid employment, infirmity of mind or body, unsound mind, convicted or sentenced to
imprisonment. President can also remove on grounds of proved misbehaviour or incapacity. For this SC
inquires and advises the president.
5. Salaries are decided by centre, but cannot be varied to disadvantage during term
6. It has powers of civil court, proceedings are of judicial character, can utilise service of any officer of centre,
and has to inquire within 1 year of occurrence of event.
7. It role is advisory. It annual or special reports are laid before respective legislatures along with memorandum
of action taken and reasons for rejection. Action taken should be informed by centre to NHRC within 1 month
(3 month in an army case)
State Human Rights Commission
1. Established by the same act. 23 states have constituted SHRC. It can look into violations of HRs for state and
concurrent list only.
2. Composition Chairman (retired CJ of HC), 2 members (serving/retired judge of HC or a district judge with 7
year experience, and experienced person)
3. Governor appoints, but only president can remove.
4. The act also provided for setting up of Human Rights court with concurrence of CJ of HC.
Central Information Commission
1. RTI act, 2005 provided for CIC, SICs. Thus they were constituted by official gazette notification and are not
nal. CIC is an independent body which inter alia looks into complaints made to it regarding offices, PSUs,
financial institutions under centre and UTs.
2. Composition CIC, 10 ICs. Appointed by president on recommendation of a committee (PM, a cabinet
minister nominated by him, LoO in LS). They should be eminent persons, not an MP/MSL, no office of profit,
business, profession, not connected with any PP.
3. Tenure and service conditions 5 year or 65 years. Not eligible for reappointment. Removal similar to HRCs.
Salaries are similar to election commissioners, but cannot be varied to disadvantage.
4. Powers of a civil court. Centre places its annual report before every house.
5. Governor can remove SIC and refers to SC only for inquiry.
Central Vigilance Commission
1. It was established in 1964 by an executive resolution. Thus it was neither nal nor statutory. In 2003 it was
given statutory status. It is the apex vigilance institution, free of control form any executive authority.
2. Composition Central VC (Chairperson), not more than 2 VCs. Appointed by president on recommendation of
a 3 member committee (PM, home, LoO in LS). 4 years or 65 years. Not eligible for further employment under
centre or state. Removal similar to HRCs. Only difference is that misbehaviour is deemed on certain grounds.
Salary similar to UPSC members, but cannot be varied to disadvantage.
3. Powers of a civil court. Gives annual report to president who places it before parliament.
Central Bureau of Investigation
1. It was established in 1963 by a Home ministry resolution. Later it was transferred to M of Personnel, and now
enjoys a status of attached office. The SPE set up in 1941 was also merger with it. It is not a statutory body
and derives its powers from DSPE Act, 1946. It is the main multi-disciplinary investigating agency. It assists the
CVC.
2. Composition Director (IG), special or additional director, large no of joint directors, DIGs, SPs etc. Under CVC
Act, 03 investigations by CBI will be supervised by central govt except in offences under PCA, 1988, for which
CVC supervises. 2 year tenure security to director. He is appointed by central govt on recommendation of a
committee CVC as chair, VCs, Secy of MHA, Secy (Coordination and public grievance) in Cabinet Sectt